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PZC Packet 010604Town of Avon Planning & Zoning Commission Site Tour January 6th, 2004 12:00 PM Town of Avon Municipal Building 400 Benchmark Road A. Tract Y, Metcalf Road (address not assigned) B. Lot 6, McGrady Acres, 86 Post Boulevard C. Mountain Center, 910 Nottingh,m Road Please meet at the Community Develol.,ment Department Conference Room Town of Avon Planning Sx Zoning Commission Work Session January 6th, 2004 5:30 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. AGENDA A. Discussion of regular meeting agenda items. Estimated times for each agenda item are shown for informational purposes only, and subject to change withott notice. Posted on January 2"°, 2004 at the following public places within the Town of Avon: Avon Municipal Building, main lobby Avon Recreation Center, main lobby Alpine Bank, main lobby City Market, main lobby Town of Avon Planning & Zoning Commission Regular Meeting January 6th, 2004 6:00 PM Council Chambers Town of Avon Municipal Building 400 Benchmark Road AGENDA I. Call to Order (6:00pm) II. Roll Call III. Additions and Amendmer°ts the Agenda IV. Conflicts of Interest V. Consent Agenda Approval of the December `16th, 1003 Planning & Zoning Commission, Meeting Minutes [Tab 1 ] VI. PUD Amendment Application(6:05 pm-6:30 pm) - PUBLIC HEARIN(v A. Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Lot 61 PUD 75 Benchmark Road Resolution No. 04-03 Applicant: IDG3 LLC [Tab 2] This is a Lot 61 PUD to establish new development rights that conform to the recommendations of the Town Center Plan and locate an expanded Town Transit Center on this site. Posted on January 2"°, 2004 at the following public places within the Town of Avon: Avon Municipal Building, main lobby Avon Recreation Center, main lobby Alpine Bank, main lobby City Market, main lobbv VII. Variance Applications (6:30 pm-7:00 pm) - PUBLIC HEARING A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision 910 Nottingham Road Resolution No. 04-04 Applicant: Vail Resorts/Mark Donaldson [Tab 3] This is a variance request from the Town's off-street parking and off-street loading regulations. Section 17.24.020.1 of Town Code states "off street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces... may be located in any yard except the front ten feet of the required front yards." Section 17.24.030.3 of Town Code states "...loading berths shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement." A newly configured loading dock is proposed in a separate design application. VIII. Sketch Design Plans (7:00pm — 7:30pm) A. Lots 26/27/28, Block 1, Benchmark at Beaver Creek Sub,.Jivision 910 Nottingham Road Mountain Center Applicant: Vail Resorts/Mark Donaldson [Tab 4] The applicant is proposing this sketch design plan for the existing Mountain Ce,,ter building on Nottingham Road just west of the Metcalf Road intersection. The s:etch design plan is to approve a newly configured loading dock, revised floor plans and elevation, This application is being reviewed in conjunction with a Variance api 1ication. B. Tract Y, Mountain Star Subdivision Metcalf Road (address not assigned) Applicant: Mark Donaldson [Tab 5] The applicant, Victor Mark Donaldson ("VMD") has submitted a sketch plan application for a business and storage facility consisting of 141,130 sq. ft. located on Tract Y, Mountain Star Subdivision referred to as the Wildridge Business Park & Storage: Facility. There are three (3) buildings proposed, which include 88,065 esq. of self- storage/warehouse on the upper floors and 53,065 sq.ft. of I/C warehouse space on the ground floors. Accompanying this application is a Special Review Use application for a caretaker unit on -site. IX. Special Review Use Applications(7:30pm-8:OOpm)—PUBLIC HEARING A. Tract Y, Mountain Star Subdivision Metcalf Road (address not assigned) Applicant/Architect: Mark Donaldson [Tab 6] The applicant is requesting a Special Review Use permit for a caretaker unit on Tract Y, Mountain Star. The request is consistent with the I/C zone district and a caretaker unit Posted on January 2n°, 2004 at the following public places within the Town of Avon Avon Municipal Building, main lobby Avon Recreation Center, main lobby Alpine Bank, main lobby City Market, main lobbv is encouraged throughout the governing rules, regulations, and Comprehensive Plan for the Town. Staff cannot support this application due to the concerns listed in the Staff Report for the design application on Tract Y based upon established criteria. B. Drive-thru Bank — PUBLIC HEARING Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 04-02 Applicant: Edinburgh Corporation [Tab 7] Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a bank. A bank drive-thru facility is the subject of this review and permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard. X. Variance Applications (8:00pirn-8:15pm) — PUBLIC HEARING A. Lot 20, Block 2, Benchmark at Beaver Creek Subdivision 48 E. Beaver Creek Boulevard Resolution No. 04-01i Applicant: Sanjay Manandhar/Narayan's Thai [Tab 8] The requested Variance is intended to reduce the Town parking code to allow delivery, and pick-up lunch service at the Benchmark Plaza ("Boat" building). Currently, Narayan's Thai is a dinner -only establishment due to parking constraints. Restaurants are a `use by right' in this zone district; however, available perking is slightly short of the requirements to permit the full use of a se;.ond restaurant in this location. XI. Master Sign Program (8.15prn — 8:30pm) A. Lot 22, Block 2, Benchmark at Beaver Creek Subdivision 240 Chapel Place Applicant: Greg Ga€tineau, Timberline Management [Tab 9] Greg Gastineau, property manager for Chapel Square, is proposing a Master Sign Program (MSP) for the entire Chapel Square PUD. This application allows all existing signage on the property remain in price, and sets standards for new monument signs., banner signs, and new tenant signs. XIII. Other Business (8:30pm — 8:50pm) A. Sample Lighting Ordinances [Tab 10] B. Review and Scheduling of Zoning and Design Review Applications [Tab 11 ] XIV. Adjourn (8:50pm) Posted on January 2"", 2004 at the following public places within the Town of Avon: Avon Municipal Building, main lobby Avon Recreation Center, main lobby Alpine Bank, main lobby City Market, main lobbv Minutes of Planning and Zoning Commission December 16, 2003 Council Chambers Town of Avon Municipal Building 400 Benchmark Road I. Call to Order The meeting was called to order at 6:00 pm. II. Roll Call All Commissioners were present with the exception of Commissioner Smith. III. Additions and Amendments to the Agenda There are no additions or amendments to the Agenda. IV. Conflicts of Interest There were no conflicts of interest disclosed. V. Consent Agenda Commissioner Him motioned for the approval of the Meeting Minutes from the November 18, 2003, Planning & Zoning Commission Meeting. Commissioner Karow seconded the motion. The motion passed unanimously. VI. Special Review Use Applications A. Drive-thru Bank Lot 6, McGrady Acres Subdivision 86 Post Boulevard Resolution No. 03-19 Applicant: Edinburgh Corporation Edinburgh Corporation is proposing a drive-thru facility on Post Boulevard for a bank. A bank drive-thru facility is the subject of this review and permit application, not the actual bank (which is a use by right in this zone district). Access to the site is from Post Boulevard. Staff has requested that the application be tabled to a subsequent meeting. Matt Pielsticker, staff planner, requested the tabling of this application to January 6, 2004. This application became complete a few days ago and there was insufficient time for staff to prepare a review or respond to the Traffic Analysis that was recently submitted. FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 1 of 7 Mike Bowen, representative of the Edinburgh Corporation, approached the podium and described the history of this lot. Mr. Bowen performed the traffic study with a firm out of Denver. A tabling is recommended since the traffic study was submitted the day before packets were distributed. Chairman Evans questioned the completeness of the application, and staff responded that this application should be presented at the next anticipated meeting on January 6, 2003. PUBLIC HEARING OPENED Bobby Banks, Eaglebend resident and neighbor to this site, voiced his support of a bank on this site. He believes the residents of Eaglebend should work with the property owner to encourage a bank, because other options such as a fast food establishment, are distasteful. He would like the Commission to consider that the adjacent property should also be accountable. PUBLIC HEARING CLOSED Commissioner Karow motioned to table item VI, A, Special Review Use Applications, Drive-thru Bank, Lot 6, McGrady Acres Subdivision, 86 Post Boulevard, Resolution No. 03-19, Applicant: Edinburgh Corporation, to the Planning and Zoning Commission Meeting scheduled for January 6, 2004. Commissioner Him seconded the motion. The vote passed unanimously. PUBLIC HEARING OPENED B. Planned Unit Development Amendment Lot 61, Block 2. Benchmark at Beaver Creek Subdivision 0075 Benchmark Road Project Type: PUD Request Applicant: Michael Hazard This Lot 61 PUD application is designed to establish new development rights that conform to the recommendations of the Town Center Plan and locate an expanded Town Transit Center on this site. Staff has requested that the Application be tabled to a subsequent meeting, citing the issues contained in the staff report that still require resolution with the applicant. Ruth Borne presented the Staff Report to the Commission. The purpose of this Lot 61 PUD is to formalize the new building area and development standards for Lot 61 and the corresponding road alignments and Transit Center. Staff has been working with this applicant to accommodate a new 50-foot road alignment for Benchmark Road and a new Transit Center that accommodates up to 5 buses. We have extended this PUD twice in order to bring an application to the Commission that complies with the Town Center Plan and corresponds to the financial modeling reviewed by the Town and the applicant. The most significant F:\Planning & Zoning Commission\Minutes\2003\121603.doc Page 2 of 7 elements that are being reviewed in this application tonight are a 50-foot Right of way dedication for Benchmark Court, a Transit Center to accommodate 5 buses with a 300 square foot administrative Center, enhanced pedestrian and vehicular circulation and implementation of certain design and setback concepts that are set forth in the Town Center Plan. In exchange, Lot 61 is receiving: timeshares as a Use by Right, increased building heights, increased site coverage allowances, and a significant increase in developable density. This PUD is contingent upon a Development Agreement being entered into and approved by Council. The recommendation to table the Application in part stems from determining the development standards, particularly with regard to the timeshare units. We are requiring a minimum of 125 timeshare units at 900 sq ft and that is to comply with the terms of their financial analysis. We are also basing the proposal on a minimum of 17,000 sq ft of commercial retail space- not personal services or office space. We are in disagreement in respect to the professional offices at grade, and how to allow for office space on this project and still comply with the spirit of the Town Center plan. At a minimum, we would like to see that use as an SRU, though we still have concerns that it conflicts with the 17,000 sq ft of commercial space, the Bed and Breakfast at grade and SRU's at grade. Lastly, the parking needs to comply with current parking standards until a site -specific development plan is presented for review. Mr. Borne, the applicant representative, felt tabling is not necessary. His concern with tabling is that the vested rights of the PUD run out in February and a PUD Application Amendment has to go before Council for two readings. The property will revert to Town Center Zoning without the PUD being extended and that will create a significant financial hardship on the Applicant. Mr. Borne summarized that the applicant has given up substantial property on the north side of the Lot 61 to comply with the new Town Center, given up property which was a zero lot line (build to lot line) on the west side to create a Right of Way to re-route Benchmark Road, and given up a small amount of property and access on the south side to accommodate the Transportation Hub. In exchange, the applicant has asked to retain the net entitlements we had before with a couple of additions on entitlements that include density, timeshare use, office use, and parking reductions. The Applicant is willing to concede the Bed and Breakfast at grade as a use; would give two-year leases as an office, if retail clients were unavailable, knowing the town prefers to use retail at grade. Mr. Borne stated that stated that the retail space had a value of $2.5 million. Regarding timeshares as a use by right, Mr. Borne was willing to make concessions for a minimum of 125 units, a minimum of 900 sq ft, and anything FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 3 of 7 that diverges from that would become an SRU which currently all timeshares are a SRU. Mr. Borne discussed the height situation as the buses required greater height and the height was provided elsewhere. Mr. Borne then asked for an update to a maximum of 175 units, reduction of parking standards consistent with Lot C and might be agreeable to language that says current town standards except he would have a right to modify it at Design Review if it was merited and data was provided to support it. Mr. Borne thought that there didn't need to be specific design review requirements and voiced that the Town is not obligated to allow anyone to move forward with designs and feels it is irrational to have specific design review guidelines for this property. Chairman Evans questioned that the Benchmark road alignment must be conveyed by Subdivision Plat prior to approval of the Lot 61 PUD. Mr. Borne responded that a Condominium Map or similar plat would handle it. Commissioner Trueblood asked about the water rights issue and this property. Mr. Borne responded that the initial zoning covered the density issue and water rights. Staff included the water rights issue on their report in order to verify that the final densities were accounted for and if additional water rights were required. They would take care of the situation prior to coming to construction of the project. PUBLIC HEARING OPENED Mark Donaldson approached the podium and asked questions regarding the process. The issue of vested rights of the property was clarified for Mark. Is there draft agreement available for public review? Staff does not have a current new draft for his review. Commissioner Trueblood voiced the timeline for this project with a February 3rd, 2004 deadline. Commissioner Didier questioned the extension of time to do the review properly. Chairman Evans reviewed the conditions of the Staff Report and concessions made by the applicant and staff. He does not feel that the mixed use parking reduction is appropriate just yet, but may be through the design review or a PUD amendment when an actual design has been submitted. PUBLIC HEARING CLOSED Commissioner Neville asked about the exact increase in water rights. Mr. Borne responded by saying this was an infill development, and based on what the Town requires after further study, they have the ability to purchase additional water rights if necessary. Commissioner Karow made motion to approve Lot 61 PUD with all staff recommendations and conditions #2, and #3 (a minimum size of each timeshare unit), #12 professional offices are allowed at grade as a Special Review Use, and FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 4 of 7 13 (Bed and Breakfasts are eliminated from any use). Commissioner Didier seconded the motion. New Benchmark Court must be conveyed in a method agreeable to staff. Chairman Evans would like to add the Condition #1 in Staff report and add a condition that the issue of vested rights be clarified and resolved to staff's satisfaction according to State Statutes and Avon Municipal Code. The Lot 61 Development Plan must be limited for vesting purposes only with specific provision for insuring the complete PUD planning process is completed prior to commencement of any development. Chairman Evans asked for specifics on the Design Review Guidelines. Ruth Borne responded for staff that there are currently only general design guidelines that do not specifically address the terms and conditions of the Town Center Plan. Staff needs to insure that when Lot 61 comes on line that there are additional requirements and restrictions on the design that have the approval of the Planning and Zoning Commission. Without these guidelines in place, adequate standards do not exist to implement the Town Center Plan properly and address the arcade vision, transit area and the pedestrian area. Staff recommended tabling so that clarification of design guidelines can be addressed. Commissioner Karow withdrew his initial motion. Tambi Katieb voiced that staff would prefer that this application not be denied for the reasons that staff has worked with the Applicant for months and prefers tabling to allow the application to move forward with a unanimous recommendation through the public process. Commissioner Trueblood made motion to table this issue until January 6, 2004, Planning and Zoning Commission meeting with the consideration that if staff finds that the applicant is correct with the timeline and problems with the 2 council meetings, there will be a special meeting and hearing to review this project. Commissioner Him seconded the motion. This motion passed 4 to 2. VII. Minor Projects A. Lot 40, Block 3, Wildridge Subdivision 4540 Flat Point Accent Lighting Applicant/Owner: Mike Farr Staff has received this Minor Project application for the addition of accent lights on a newly constructed Flat Point single-family residence. The proposed lighting was not part of the original design approval. The application proposes 17 accent" lights in total, with lights on every elevation of the home. Matt Pielsticker presented the Staff Report on this project. Mike Farr approached the podium to discuss the lighting product he wished to use that requires a 150-watt bulb and the amount of lights to be installed. He FAPIanning & Zoning Commission\Minutes\2003\I21603.doc Page 5 of 7 would like to keep the number of lights but is willing to lower the wattage. Commissioner Karow read the code that states floodlights are not permitted. Commissioner Neville made motion to deny with Commissioner Him seconding, all Commissioners were in favor and the denial passed unanimously. B. Lot 28, Block 3, Wildridge Subdivision 4491 Wildridge Road West Fencing Applicant/Owner: Marjorie J. Marks The applicant is proposing a four to six foot high green mesh fence to keep deer off her property. The fence has already been installed, and staff has asked that she fill out this application since all fences require specific approval by the Planning and Zoning Commission. The fence does not comply with the Town guidelines. Staff recommended denial on the fencing. Commissioner Him motioned to deny with Commissioner Karow seconding. The motion passed unanimously. Vill. Sign Applications A. Tract B-1, Block 2, Benchmark at Beaver Creek Subdivision 220 Beaver Creek Place Gart Sports Balloons and pennant line Applicant: Mark Johns, Sports Authority — Approved B. Lot 72, Block 2, Benchmark at Beaver Creek Subdivision 110 E. Beaver Creek Boulevard Beaver Liquors Temporary Banner Applicant: David Courtney —Approved C. Tract B-2, Block 2, Benchmark at Beaver Creek Subdivision Building D, 230 Chapel Place The Board Room sandwich board sign Applicant: Matt Bryan — Denied XI. Other Business A. Approval of the 2004 Planning & Zoning Commission Meeting Schedule B. Proposed Lighting Ordinance Timeline Staff has set this timeline for a potential new lighting ordinance to be adopted by Town Council. This ordinance will be drafted with the assistance of the Commission, staff, residents of Avon, and there will be numerous chances for public input during Public Hearings. FAPlanning & Zoning Commission\Minutes\2003\121603.doc Page 6 of 7 X. Adjourn Commissioner Neville made the motion to adjourn. Commissioner Hirn seconded and the motion was unanimously approved. The meeting adjourned at 8:15 pm. Respectfully submitted, Ruth Weiss Recording Secretary APPROVED: Chris Evans Chairman Secretary FAPlanning & Zoning Comm issionNinutes\2003\121603.doe Page 7 of 7 Staff Report PUD HEART of the VALLEY C 0 L O R A D 0 January 6, 2004 Planning & Zoning Commission meeting Report date December 28, 2003 Project type Lot 61 PUD Legal description Lot 61, Block 2, Benchmark at Beaver Creek Subdivision Current zoning Planned Unit Development Address 75 Benchmark Road Introduction The purpose of the Lot 61 PUD Development Plan (herein referred to as "Lot 61 PUD") is to formalize the new building area, including development standards for Lot 61 and the corresponding road alignments and transit center. The PUD for Lot 61 has been extended twice to allow time to evaluate development opportunities for implementation of the Town Center Plan between the Town and the developer. The current Lot 61 PUD is valid until February 3, 2004. On December 16, 2003 this application was tabled to allow additional time for staff and applicant to work through the development standards, development agreement and finalize the plans. There are a few remaining issues regarding the development standards and the revised application received on January 31, 2004. The most significant elements contained in the new development plan benefiting the Town are as follows: 50'0" right-of-way dedication for the new Benchmark Road alignment to the Town of Avon. Transit center to accommodate five (5) buses at a time with a 300 sq.ft. administrative/visitor center. Enhanced pedestrian and vehicular circulation. Implementation of significant master plan concepts of the Town Center Plan. In exchange, Lot 61 is receiving the following: Timeshare as a use -by -right. Increased building height, setbacks, site coverage, and density. The history of the zoning approval for Lot 61, Block 2, BMBC submitted by the developer, IDG3 LLC is as follows: 1978 Lot 61 zoned Town Center. 1991 Town Center zoning modified. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 2 of 8 1999 Lot 61 applied for PUD zoning as set forth in Ordinance 99-16 (July 27, 1999) which had a 3-year approval. 2002 Town Center Implementation Plan was adopted on January 8, 2001 (Resolution 02-01). 2002 PUD extension for a 6-month time period was granted to explore planning and development of the Town Center Plan on July 23, 2002 (Ordinance 02-17). 2003 In January, a PUD extension for one year was granted to allow the developer time to pursue implementation of the Town Center Plan on January 28, 2003 Ordinance 03-01). 2003 In July, Council authorized funds be allocated to begin initial studies for the new property boundaries and road alignment. Over the past few months, staff has met with the developer and its representatives, including the Community Development Committee to arrive at a development plan that includes the implementation of the Town Center Plan in accordance with the existing PUD approval. The development plan includes a new transit center that accommodates up to five (5) buses, preserving pedestrian connections with the Confluence, and a new 50'0" right of way for Benchmark Road. On December 9, 2003 Town Council reviewed the initial fiscal analysis of the Lot 61 development agreement prepared by Stan Bernstein, the Town's financial consultant. Of utmost importance was the implication of timeshare as a use -by -right, including the imposition of a recreational amenity fee to offset the impact of timeshare units. Council endorsed moving forward with the process, including the refinement of the financial model to reflect the contemplated land entitlements. PUD Design Criteria According to the Town of Avon Zoning Code, Section 17.20.110, the following shall be used as the principal criteria in evaluating a PUD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following design criteria, or demonstrate that one or more of them is not applicable, or that a particular development solution is consistent with the public interest. 1. Conformance with the Town of Avon Comprehensive Plan's Goals and Objectives. The proposed PUD now complies with the Town Center Plan and conforms to the following goals and polices of the Town Comprehensive Plan: Policy A1.3 Flexible zoning such as PUD should be encouraged where it results in more effective use of land The planning process with staff and the developer for Lot 61 is a new process for the Town and incorporates flexible zoning to benefit both public and private sectors. Policy A3.5 Since undeveloped land in the Town Center is scarce, it will be developed at higher density, included vertically integrated mix of commercial and residential uses, and rely primarily on underground and/or structured parking Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 3 of 8 The underground parking structure for this project extends under the Town right of way to allow for more parking and does not preclude the opportunity for a private/public partnership for parking improvements and includes a higher density mixed —use development. Goal B1 Enhance the Town's role as a principal, year-round residential community and regional commercial center This development plan will help vitalize Town Center with a more efficient transit hub to encourage year-round use of mass transit and pedestrian circulation for its citizens, which is further reinforced by the following policy B1.2. Policy B 1.2 Commercial areas will be supported through creation and maintenance of effective vehicle access and parking, transit services, all -season pedestrian and non -motorized vehicle access, and consistent application of design standards Goal B2 Establish the Town Center Area as an inviting, vibrant and safe -pedestrian oriented cultural, retail and entertainment hub The purpose of the Town Center Plan is to further enhance a vibrant hub in Town Center, which has been implemented in the Lot 61 development plan. Policy 2_2 Encourage a range of uses in the Town Center, including retail, offices, hotels, recreation, tourism, and entertainment The Lot 61 development plan will include a range of uses and special review uses. Policy B2.4 Encourage joint development of structured parking, pedestrian and landscape improvements, and promotion of activities and events in the Town Center This is a joint development, which benefits both the developer and the Town to help synergize Town Center. Policy B3.2 Promote effective transit and access with Beaver Creek and Arrowhead Resorts, including gondola connections, trails, and pedestrian connections The revised property lines and pedestrian connections will promote transit and access to include potential opportunities for accessing the Confluence site and gondola. Policy E1.6 All new development and redevelopment should include or otherwise provide for effective transit, pedestrian and bicycle facilities This new development plan includes plans for effective transit, and enhances pedestrian circulation. Policy E2.1 Joint development of a structured parking facility in Town Center to support private and public uses should be pursued to the extent possible Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 4 of 8 The joint planning for Lot 61 includes structured parking on the Town right-of-way and does not preclude the potential for a shared parking facility. At a minimum, the Town and developer are moving forward in a joint effort to support Town Center development. Goal E3 Promote the development of an enhanced transit system for the Town The revised transit plan accommodates more buses and will improve the effectiveness of mass transit in the Town Policy E3.2 Maintain the existing regional and Town -wide bus system, and enhance as necessary to provide services to the community as it grows The new transit hub contained on the Lot 61 development plan accommodates the existing service demands for the ECO bus system as well as the Town -wide system_ 2. Conformity and compliance with the overall design theme of the town, the sub -area design recommendations and design guidelines of the Town. The development plan for Lot 61 is limited in scope and defines building setback, density, heights and new property boundaries. Previously, management indicated concerns that the development standards provided too much flexibility to recommend the proposal to constitute a site -specific development plan without complying with the financial model. As a result, staff has refined the development standards to ensure the proposed uses are specific enough to coristitute a site -specific development plan consistent with the financial model. In addition, design guidelines are set forth in the Town Center Plan, which must be fulfilled . as the project moves through the design review process. These additional considerations include: active street frontages, suggested access points, required pedestrian walkways which have been provided for), and other site planning and architectural considerations. 3. Design compatibility with the immediate environment, neighborhood, and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, character, and orientation. The new property boundaries for Lot 61 include criteria established in the Town Center Plan, such as 10'0" minimum sidewalks, new Benchmark Road alignment, requirements for stepping the building as it increases in height, clearances to accommodate a transit center while maintaining effective pedestrian movement in exchange for increased height, new development standards, and effective orientation on the site. 4. Uses, activity, and density provide a compatible, efficient, and workable relationship with surrounding uses and activity. The new development standards for this mixed -use project combined with the new transit center will enhance the vitality and efficiency of Town Center. 5. Identification and mitigation or avoidance of natural and/or geologic hazards that affect the property upon which the PUD is proposed. There are no known natural and/or geologic hazards on Lot 61 at this time. A Subdivision Improvement Agreement may be required to ensure there are no unforeseen natural or Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 5 of 8 geologic hazards, specifically at it relates to infrastructure improvements such as water, sewer, and/or drainage associated with this development. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed development plan for Lot 61 is more responsive to improving the aesthetic quality of Town Center. The Planning & Zoning Commission will further clarify the building design through implementation of the Town Center design guidelines, and design review. 7. A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation that is compatible with the Town Transportation Plan. The Town Center Plan and the Town Transportation Plan have been considered and implemented in this development plan and improves the circulation for pedestrians, mass transit, and vehicular circulation. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Specific provisions for allowing the building to encroach onto Town right-of-way and in other areas to step back from pedestrian ways have been carefully considered and implemented with this development plan to optimize and preserve views and overall function. 9. Phasing plan or subdivision plan that will maintain a workable, functional, and efficient relationship throughout the development of the PUD. The phasing plan shall clearly demonstrate that each phase can be workable, functional and efficient without relying upon completion of future project phases. There is no phasing plan proposed by this PUD. There will be timing requirements set forth in the development agreement to allow the developer and/or the Town time to exercise their rights for construction. 10. Adequacy of public services such as sewer, water, schools, transportation systems, roads, parks, and police and fire protection. IDG3 LLC will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if needed to amend the Town's Augmentation Plan. 11. That the existing streets and roads are suitable and adequate to carry anticipated traffic within the proposed PUD and in the vicinity of the proposed PUD. The new 50'0" road right-of-way alignment and transit center provisions improve the overall adequacy, carrying capacity, and mobility patterns of Town Center. 12. Development Standards The Development Standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking are being modified with this proposal and are proposed as follows: Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 6 of 8 a. Uses by-righg_t. Retail stores Specialty shops Restaurants, excluding drive-thru windows Cocktail lounges Personal service shops Timeshare, interval ownership, and fractional fee ownership above grade; with the condition that recreational amenity fees are paid — the terms and conditions of which will be negotiated with the development agreement. Staff recommends a minimum of 150-timeshare, interval ownership, or fractional fees units with a minimum of 900 net sq. ft. each to comply with the premise of the financial analysis. The applicant is seeking a minimum of 125-units. Hotel/accommodation units on floors above grade. Staff is recommending a minimum of 200 accommodation units and the applicant is seeking to limit the minimum to 180 units. Condominiums on floors above grade. Staff is recommending a minimunn of 125 units @ 1,250 net sq.ft. to comply with the financial model and the applicant is seeking a minimum of 90-condominium units 1,250 net sq.ft.. Indoor recreation and/or entertainment facilities Theaters Public transportation facilities including 300 S.F. transit/administrative office at grade, immediately adjacent to transit center. Staff is recommending that these transportation facilities include public restroom facilities. A minimum of 17,000 square feet of commercial/retail space. Staff is recommending an additional requirement that this minimum not include personal service shops to ensure tax revenues on the minimum requirement on the commercial/retail space. The revised application dated 12131103 does not comply with this recommendation. b. Special Review Uses: Conference/convention facilities Above ground public utility installations Professional offices on grade. Public parking facilities Medical Facilities Financial Institutions Additional uses to be determined similar to the allowed uses in accordance with the same zone district. As this is a PUD with no specific uses, staff would prefer to restrict the development standards to the enumerated uses. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 7 of 8 c. Development Standards Lot Area 1.07 Acres Projections such as columns, roofs, unenclosed floors and decks may encroach into setbacks and/or right of ways with specific Town of Avon design review approval Building Height A height, as defined by The Town of Avon Title 17, Chapter 17.08, Section 160, of 108.5'. This height shall be to the top of roof structures over enclosed, habitable space. Elevator penthouses, chimneys, parapets and similar appurtenances shall be allowed to exceed this datum Maximum Density: Commercial /retail 40,000 sq.ft. Condominium 330,000 sq.ft. Timeshare/Interval 330,000 sq.ft. Accommodation Units 375 units Landscape/Hardscape Coverage: Shall be determined during the design review process. d. Parking: All parking shall comply with the Lot 61 PUD Development Agreement. Staff has consistently requested the Avon Municipal Code parking standards be implemented. The applicant is still seeking rebates and a reduction in parking under the Development Agreement. e. Provisions for stepping back the building as it increases in height on the Town Center (north elevation). There are also encroachments authorizing the building over the transit center (south elevation) and over the new Benchmark Road right- of-way alignment enhancing the density and architectural interest for IDG3 LLC as set forth in the Lot 61 PUD Development Plan. Staff Comments & Recommendation Although some outstanding issues remain with the revised application associated with the development standards and corresponding development agreement for the Lot 61 PUD Development, it is staff s position these are policy and legislative decisions, which rests with the Avon Town Council. Therefore, staff recommends approval of Resolution 04-03 for the Lot 61 PUD Development Plan, subject to the following conditions: The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plan. 2. Development Standards shall be as follows: A minimum of 150-timeshare, interval ownership, and fractional fee ownerships units @ 900 net sq.fl. above grade including a recreational amenity fees. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 61, Block 2, BMBC Subdivision, Lot 61 PUD 2004 January 6, 2004 Planning & Zoning Commission meeting Page 8 of 8 A minimum of 125 condominium units above grade @ 1,250 net sq.ft. A minimum of 200 hotel/accommodation units above grade Public transportation facilities including 300 S.F. transit/administrative offices and public restroom facilities at grade, immediately adjacent to transit center. A minimum of 17,000 square feet of commercial/retail space, which does not include personal service shops. All parking shall comply with the Avon Municipal Code parking standards. 3. A requirement that the developer will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town if necessary to amend the Town's Augmentation Plan prior to issuance of a building permit. 4. Failure to develop and obtain final design approval, including compliance with the Town Center design guidelines of the site -specific development plan by January 3 1, 2012 shall automatically terminate these development standards and conditions. 5. This PUD is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 6. Except as otherwise modified by this approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Recommended Motion I hereby approve Resolution 04-03 recommend approval of the Lot 61 PUD Development Plan subject to the conditions contained therein." If you have any questions regarding this project or any planning matter, please call me at 748- 4030, or stop by the Community Development Department. VuthResctfully submitted, O. B e, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 94-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO.04-03 SERIES OF 2004 A RESOLUTION RECOMMENDING TO THE TOWN COUNCIL OF THE TOWN OF AVON APPROVAL OF A PUD DEVELOPMENT PLAN FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Applicant, IDG3 LLC has applied for approval of the Lot 61 PUD Development Plan for Lot 61, Block 2, Benchmark at Beaver Creek Subdivision; and WHEREAS, after notices required by law, a public hearing on said application was held by the Planning & Zoning Commission of the Town of Avon; and WHEREAS, said application is consistent with all legal requirements. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission hereby recommends approval to the Town Council of the Town of Avon for the Lot 61 PUD Development Plan dated January 2, 2003 with the following conditions: 1. The new Benchmark Road alignment (50'0" Benchmark Court Right -of Way) must be conveyed by subdivision plat prior to approval of the Lot 61 PUD Development Plan. 2. Development Standards shall be as follows: A minimum of 150-timeshare, interval ownership, and fractional fee ownerships units @ 900 net sq.ft. above grade including a recreational amenity fees. A minimum of 125 condominium units above grade @ 1,250 netsq.ft. A minimum of 200 hotel/accommodation units above grade. Public transportation facilities including 300 S.F. transit/administrative offices and public restroom facilities at grade, immediately adjacent to transit center. A minimum of 17,000 square feet of commercial/retail space, which does not include personal service shops. All parking shall comply with the Avon Municipal Code parking standards. 3. This PUD Amendment is contingent upon a valid Development Agreement between IDG3 LLC and the Town of Avon being approved. 4. If necessary, IDG3 LLC will be responsible for the acquisition of additional water rights and their subsequent dedication to the Town prior to issuance of a building permit to amend the Town's Augmentation Plan. 5. Failure to develop and obtain final design approval, including compliance with the Town Center design guidelines of the site -specific development plan by January 31, 2012 shall automatically terminate these development standards and conditions. 6. Except as otherwise modified by this approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. Adopted this 6th day of January, 2003 Signed: Date: Chris Evans, Chairman Attest: Date: Terry Smith, Secretary Staff Report VARIANCE HEART of the VA.! LEY C 0 L 0 R A D 0 January 6, 2004 Planning & Zoning Commission meeting Report date December 31, 2003 (PUBLIC HEARING) Variance type Access & Turning movement in front yard & off-street loading (17.24.020.1 & 17.24.030.3 of the Town Zoning Code) Legal description Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision Zoning Industrial Commercial Address 910 Nottingham Road Introduction The applicant, Vail Resorts, is requesting a variance from Section 17.24.020.1 (Off-street parking) and Section 17.24.030.3 (Off-street loading) of the Town Zoning Code to allow truck - turning movements in the front yard of the project. This variance is being reviewed in conjunction with a sketch design plan application that proposes to remodel the existing garage entry to Mountain Center to create a large loading dock area. Both applications were tabled ton November 18, 2003 after extensive review by the Commission to explore a better solution. The Town Zonin.gCCode specifically states in Section 17.24.020. 1 (Off-street parking) that: Off-street parking spaces, including the adjacent area used for turning movements necessary to enter or leave the parking spaces when open to the sky, may be located itn any yard except the front ten feet of the required front yards, and unless otherwise specifically restricted by this chapter. Enclosed buildings and carports containing off street parking shall be subject to the applicable district yard requirements." Section 17.24.030.3 (Off-street loading), also part of the variance request, states: Each required Off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall meet engineering department specifications." The revisions propose a concrete driving lane on a limited portion of the cul-de-sac and the firont yard setback of the existing Mountain Center building, which no longer impair the driving lames and therefore do not interfere with traffic on Nottingham Road. The application has removed the turning movements from the existing road lane through the use of a physical barrier (a new landscape island). This revised site plan results in the loss of additional parking, but still is sufficient to satisfy Town requirements. Town of Avon Community Development (970) 748.4030 Fax (970) 9419.5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Access/Turning Movement Variance January 6, 2004 Planning & Zoning Commission meeting Page 2 of 6 The proposal includes a review of truck turning movements of three trucks anticipated by Vail Resorts to be utilized in delivery of materials and supplies to the site. A letter submitted by the applicant proposes that a total of anywhere from 10 to 21 trucks will utilize the loading dock per day. These trucks will service both the Warehouse and Mountain Dining Divisions of Vail Resorts. The October 31, 2003 letter detailing the current truck deliveries and anticipated scheduling is attached for your review. Vail Resorts has taken over ownership of the Mountain Center project, and is currently leasing to only three tenants: Capco, Vogelman West, and Vail Recreation District. Vail Resorts intends to utilize the Mountain Center as their main distribution point for food services. They are also utilizing the building for warehousing and distribution of other supplies for their resort operations. The warehousing and distribution of products from this facility continue to comply with the allowed uses (uses by right) in the Industrial/Commercial zone district. Background In March of 1986, the Town Planning and Zoning Commission approved a final design for the Mountain Center. The Mountain Center was designed as an 82,400 square foot, 3-story warehouse and commercial building — a use by right in the Industrial and Commercial zone district. The lower (basement) level of the Mountain Center was approved as mini -warehouse (self - storage), and the parking requirements of 1 space per 800 square feet of gross floor area for industrial and warehouse uses was waived for the self storage area through the approval of a variance in 1986. The basement area of the Mountain Center was thus excluded from the required parking calculation on the basis of its use as a self -storage space only. Also, a Special Review Use was granted in 1987 to Jerry Verke to operate an auto repair shop in the building. This use has since expired. Phase I was constructed shortly after the original final design approval, and consisted of approximately 34,333 square feet of warehouse and commercial space. Phase II was approved in July of 1993 for final design, and built shortly thereafter. Issues discussed at the time of original final design approval for Mountain Center were related to limited snow storage, limited parking, minimal landscaping and the size and extent (required grading) of the actual building itself. In 1988, Phase I (the subject area of this application) was resubdivided to create commercial condominiums. The mini -storage area on the basement level has been eliminated and is proposed as use by Vail Resorts for an unspecified type of warehouse use (including food service and office supply). As previously mentioned, three tenants remain in the project including Capco, Vogelman West, and the Vail Recreation District. Variance Criteria According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Access/Turning Movement Variance January 6, 2004 Planning & Zoning Commission meeting Page 3 of 6 2. The degree to which relief from the strict or literal interpretation and enforcement of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege; 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Findings Required According to Section 17.36.050 of the Avon Municipal Code, -the Planning & Zoning Commission shall make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement. of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Staff Comments The application has established the requisite findings for issuance of a variance. In response to Plam-iing & Zoning's recommendations, the revised proposal limits the amount of truck movement inside of the paved roadway, and also creates a physical barrier to erasure that trucks align themselves correctly in order to access the loading docks. In staffs opinion, the revision and the resulting movements are designed in a manner that "... will least interfere with traffic movement" (17.24.030.3). The applicant contends that this proposal grants no special privilege because of the depth of the lot measured from the front yard setback and the north edge of the driving lane of Nottingham Road. The a pplicant s tates t hat " All o ther options i nclude in aneuvering i n t he s treet and t he solution proposed is the most severe while recognizing existing quality construction". Also, the application states that the proposed variance will "...greatly enhance and improve" public safety and transportation. Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Access/Turning Movement Variance January 6, 2004 Planning & Zoning Commission meeting Page 4 ©f 6 After meeting with the project engineer, and reviewing a number of alternative movement scenarios, staff agrees that this scenario provides the best alternative to creating a loading dock on this property. In reviewing the Variance Criteria, the Commission may also consider other factors and criteria that are applicable to the proposed variance. Staff would suggest a review of several existing Comprehensive Plan policies and goals to be directly applicable, including: Policy A1.4: Service and light industrial uses, including warehousing and light manufacturing, should be directed to terrain that supports effective vehicular access; and circulation, and allows effective screening from adjacent uses and public ways. Policy H1.4: Enhance the image of the Town as viewed from Interstate 70 and Staw Highway 6/24. Subarea 4 (Metcalf/Nottingham Road Light Industrial District): Encourage new development that ...provides for proper on -site parking and circulation" Require new development ... to add architectural or landscape screening of storage, HVAC equipment, loading docks, and trash containers" Develop Nottingham Road as a secondary streetscape, including: Providing for vehicular access" Any planning of vehicular access and parking must take into consideration the safe and convenient movement of pedestrians from parking to building entrances". The revised plans, and proposed truck movements, no longer require such a degree of accuracy by the drivers to remain out of the existing travel lanes, which minimizes the potential traffic impacts of the future development (by Vail Resorts) of Parcel B (the proposed land trade project). While the revised site plan is an effective solution and results in the elimination of more surface parking, there is a discrepancy between the project engineer and the architectural plarns as to the exact amount of parking that exists under the new proposal. The proposed 97 spaces will require confirmation through a survey and striping plan. Additionally, the request to exclude the GFA of the first level loading dock area shoulld be noted in the variance approval. This determination requires that any change in use other tlhan access and loading dock may require additional parking, or alternately, the elimination of interior floor area. The revised plan does not grant a special privilege on this project that is not enjoyed by other properties with the same physical limitations. The project site is not so unusual in its limitations size, shape, setbacks etc.) from other similar projects found along both Nottingham arid Metcalf Roads in the IC zone district. There are several projects along Nottingham Road, which encroach into the front setback area. In addition, the applicant has examined a number of alternatives to the one provided, proving that this alternative poses the most attractive loading scenario. Staff Recommendation Staff recommends approval of Resolution 04-04 approving the proposed variance from Section 17.24.020.1 and Section 17.24.030.3 of the Town Zoning Code (as more specifically dlescribed Town of Avon Community Development (970) 949-4280 Fax ((970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Access/Turning Movement Variance January 6, 2004 Planning & Zoning Commission meeting Page 5 of 6 in the application dated November 5, 2003 and revised plans dated December 23, 2003) for Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision with the following findings: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; Recommendation: The application has demonstrated that the limitations of this property are different from any other properties classified in the same district, as reviewed in staff comments. B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; Recommendation: The revised application has demonstrated that the proposed access movements in the front yard and the right of way will not be detrimental to the public or injurious to properties of potential development (such as the Land Trade property) in the vicinity, as reviewed in staff comments. C. That the variance is warranted for one or more of the following reasons: The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are no exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Recommendation: The revised application has demonstrated that there is not an alternate design that will as effectively achieve off-street loading for the applicant. Further, the enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the IC zone district. Recommended Motion I move to approve Resolution 04-014, approving the Variance for Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision (Mountain Center) from the requirements of 'Section 17.24.020.1 and Section 17.24.030.3 of the Town Zoning Code (as more specifically described in the application dated November 5, 2003 and revised plans dated December 23, 2003) based on staff recommendations and according to Section 17.36.050 of the Avon Municipal Code with the condition that anytime the loading dock area changes in use, then this variance shall be void. The Planning & Zoning Commission makes the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: Town of Avon Community Development (970) 949-4280 Fax !(970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Access/Turning Movement Variance January 6, 2004 Planning & Zoning Commission meeting Page 6 of 6 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specifiedl regulation deprive t he a pplicant of p rivileges a njoyed b y t he o wners o f o ther p rope;rties i n t he same district. If you have any questions regarding this or any other project or community developnnent issue, please call me at 748.4030, or stop by the Community Development Department. Respectfully submitted, Tambi Katieb, AICP uth O. rne, Director Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-04 SERIES OF 2003 A RESOLUTION APPROVING A VARIANCE FROM CHAPTER 17.24.020.1 AND CHAPTER 17.24.030.3 AS STIPULATED IN TITLE 17 (ZONING) OF THE AVON MUNICIPAL CODE, FOR LOTS 26/27/28, BLOCK l,' BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Vail Resorts, owner of Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision has applied for a variance from the "Off -Street Parking" and the " Off -Street Loading" requirements as stipulated in Title 17, of the Avon Municipal Code in order to accommodate truck maneuvering into a proposed loading dock (as more specifically described in the application dated November 5, 2003 and the revised plans dated December 23, 2003); and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Zoning Variance application and has considered: JA\ Planning & Zoning Commission\Resolutions\2004\Res 04-04 1-26,27,28 B I BMBC MtnCtrApproval.doc A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; and B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege; and C. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; and D. Such other factors and criteria as the Commission deems applicable to the proposed variance. WHEREAS, the Planning &Zoning Commission finds: A. That'the granting of the variance does not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; The application has demonstrated, through a sufficient review of alternatives, that the proposal does not constitute grant of special privilege. B. That.the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; The application has demonstrated that the proposed access movements in the front yard and the right of way will not be detrimental to the public or injurious to properties of potential development (such as the Land Trade property) in the vicinity. The original proposal has been revised to provide the least possible amount ofpublic safety interference through while providing a reasonable solution to the needs of the project. C. That the variance is warranted for one or more of the following reasons: I. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; JAPlanning & Zoning Commission\Resolutions\2004\Res 04-04 L26,27,23 BI BMBC MmCtrApproval.doc II. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the vicinity; III. The strict, literal interpretation and enforcement of the specified regulation will deprive the applicant of privileges enjoyed by the owners of other properties in the same district. The application has demonstrated, through a review of alternatives and public hearings that there is not an alternative design that effectively achieves off-street loading for the applicant. Further, the enforcement of the specified regulation will deprive the applicant ofprivileges enjoyed by the owners of other properties since a loading dock was never constructed for this project. NOW, THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission of the Town of Avon, Colorado, hereby approves a Zoning variance from the "Off -Street Parking" and the "Off -Street Loading" requirements of Title 17 of the Avon Municipal Code for Lot 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County Colorado with the condition that anytime there is a change in use for this loading dock area, the variance will be void. ADOPTED THIS DAY OF 2003 Signed: Date: Chris Evans, Chair Attest: Date: Terry Smith, Secretary JAPlanning & Zoning Commission\Resolutions\2004\Res 04-04 L26,27,28 BI BNIBC MmCtrApproval.doc ALPINE ENGINEERING, INC. October 31, 2003 Chris Juergen Victor Mark Donaldson P.O. Box 5300 Avon, CO 81620 RE: Mountain Center — Town of Avon Sketch Plan Comments Dear Chris. I have revised the plans to reflect the comments provided by the Town of Avon. In brief, the following is a list of the revised items on the plans. l . Existing contours have been made bolder to more clearly reflect how the proposed contours relate with the existing grades. 2. I reviewed the cab length for the WB-50 truck size and the cab is shown as is dimensioned in the,4.4SHTO - Geometric Design of Highways and Vireets_ I have included a copy of this detail (see attached). 3. The Striping and lane directions have been clearly identified on the plans. 4. A new plan labeled "Lot Coverage Plan" has been included to show the Impervious. Green space, and Snow Storage areas. A table has also been included to show the acreages and percentage of lot coverage. 5. Review of the existing site pollution control measures showed them to be in need of repair or replacement. The site grading and drainage plan now reflects collecting run off from the existing and proposed paved areas and directing them through a proposed Sand/Oil interceptor_ Additionally, the inlets located inside the building are planned to be routed to the existing Sand/Oil interceptor located inside the garage. Sincerely Lee C. Whittington Attachment AASHTO---Geometric L ,n of Highways and Streets 12.95 m 142.5 ft Trailer 1.22m 10.82m 35.5ftft4ftl I 0 5ft loft 2.29m 7.5 ft] 0 1-m 2.5m 0.91 mom) I scale [3 ft] C 4 15.24 m [.50 ft] Wheelbase 16.77 m f 55 ft or v;W 1.28 m 3.17 m ' 4.2 ft] [10.4 ft] 1`35m1_ 3.81m _ t 4.42 ftj [12.5 ft] Path of left '` front of Path of fr overhang C, `c so 2.44 8 ft] F9I 0 5 ft loft Path of right 7 rear wheel I 0 2.5 m scale I Assumed steering angle is 17.90 1 Assumed tractor/trailer angle is 560 CTR = Centerline turning radius at front axle t 1 2.59 m 8.5 ft] Exhibit 2.14. Minimum Turning Path for Intermediate Semitrailer (WB-15 [W$_J0v Design Vehicle . 32 HEART of the VALLEY Staff Report SKETCH PLAN C 0 L 0 R A D 0 January 6, 2004 Planning & Zoning Commission meeting Report date December 31, 2003 Project type Sketch Design Plan for new loading dock Legal description Lots 26/27/28, Block 1, Benchmark at Beaver Creek _ Subdivision Zoning Industrial/Commercial Address 910 Nottingham Road Introduction The applicant, Vail Resorts, has submitted this sketch design plan to create a new loading dock at the Mountain Center. Staff and the applicant conducted a pre -application meeting on October 20, 2003, at which time review of the proposed truck turning movements, existing tenants, and parking demands were discussed. At that time, it was clarified that a variance application would be required for the proposed turning movements in the front yard to support the off-street loading proposal. It was further determined that the sketch plan will be reviewed in conjunction with the variance application (Resolution 04-04). Both applications were tabled on November 18, 2003 after extensive review by the Commission to explore a different solution for the turning movements set forth in the variance application. The application proposes to remove the existing garage entrance and.replace it with an enclosed loading dock. As a result of the previous hearing discussion, the revised application now proposes to add two new 8x8 overhead doors alongside the west side of the loading dock entrance. This will require the demolition of the existing garage door elevation, regrading of a new entrance, and the demolition of the first level floor immediately above the loading area. The revised proposal will remove approximately 18 surface level parking spaces. Also removed in this proposal are two existing landscape islands that buffer the project from the street. The revised proposal creates a new island that will create a physical barrier for loading trucks, completely separated from the existing driving lanes of Nottingham Road. Landscaping is being replaced in the back of the building. The loading dock and removal of the two existing landscape islands will require the placement of two new retaining walls that vary in height from approximately 3 to 10 feet tall. These walls are proposed as concrete. Sheet C2 of the submitted plans provides site plan details on the proposed improvements. Sheets C3 through C5 provide details on the anticipated truck turning movements required to access the loading dock. Sheets A1.0 through A1.4 provide floor plans, elevations, and several section views of the improvements. All new materials are proposed to match Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Sketch Design Plan January 6, 2004 Planning & Zoning Commission meeting Page 2 of 6 existing materials, however, the application does note the entire building is proposed for repainting to match existing color schemes after this project is completed. Background In March of 1986, the Town Planning and Zoning Commission approved a Final Design for the Mountain Center. The Mountain Center was designed as an 82,400 square foot, 3-story warehouse and commercial building — a use by right in the Industrial and Commercial zone district. The lower (basement) level of the Mountain Center was approved as mini -warehouse (self - storage), and the parking requirements of 1 space per 800 square feet of gross floor area for industrial and warehouse uses was waived for the self storage area through the approval of a variance in 1986. The basement area of the Mountain Center was thus excluded from the required parking calculation on the basis of its use as a self -storage space only. Also, a Special Review Use was granted in 1987 to Jerry Verke to operate an auto repair shop in the building. This use has since expired. Phase I was constructed shortly after the original final design approval, and consisted of approximately 34,333 square feet of warehouse and commercial space. Phase II was approved in July of 1993 for final design, and built shortly thereafter. Issues discussed at the time of original final design approval for Mountain Center were related to limited snow storage, limited parking, minimal landscaping and the size and extent (required grading) of the actual building itself. In 1988, Phase I (the subject area of this application) was resubdivided to create commercial condominiums. The mini -storage area on the basement level has been eliminated and is proposed as use by Vail Resorts for an unspecified type of warehouse use (including food service and office supply). Three tenants remain in the project including Capco, Vogelman West, and the Vail Recreation District. Design Review Considerations According to the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, Section 7, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning Code. Allowed use: The use complies with the existing project and the Industrial/Commercial zoning. Density: Density is unchanged in this proposal. Lot Coverage: Lot coverage appears to conform with requirements. Setbacks: It appears that all setbacks remain intact with this proposal, but must be labeled on the site plan. A variance application is being applied for the turning movements and access required by the loading dock in the front yard setback. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Sketch Design Plan January 6, 2004 Planning & Zoning Commission meeting Page 3 of 6 Easements: The proposal continues to comply with existing easements. The prposed trash enclosure is being re -located within a driange easement. Building Height: Building height is not being proposed to change with this proposal. Grading: Grading will require some clarification at Final Design. Parking: Parking appears to comply with Town requirements. Clarification through a survey and restriping plan of the available existing parking behind the building will be required by building permit to ensure compliance with requirements. 0 Snow Storage: Snow storage and removal as proposed appears acceptable. 0 Landscaping: The project will remove existing landscaping, and provide a minimal amount of landscaping in the back of the project to compensate. While meeting the minimum requirements, staff would suggest that a comprehensive landscape plan be submitted at final design, which exceeds the minimum and creates a more well thought out buffer for such an intense use. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub -area plan which pertains. The Comprehensive Plan lists several pertinent goals and policies regarding this type of remodel: Policy A1.4: Service and light industrial uses, including warehousing and light manufacturing, should be directed to terrain that supports effective vehicular access and circulation, and allows effective screening from adjacent uses and public ways. Policy Hl A: Enhance the image of the Town as viewed from Interstate 70 and State Highway 6/24. Subarea 4 (Metcalf/Nottingham Road Light Industrial District): Encourage new development that ...provides for proper on -site parking and circulation" Require new development ... to add architectural or landscaping screening of storage, HVAC equipment, loading docks, and trash containers" Develop Nottingham Road as a secondary streetscape, including: Providing for vehicular access" Any planning of vehicular access and parking must take into consideration the safe and convenient movement of pedestrians from parking to building entrances". 3. Whether adequate development rights exist for the proposed improvements. The proposed improvements do not affect the development rights of the proposal. 4. The sketch plan is in general compliance with all design requirements. Site Development: o Site Design: The proposal is in compliance with the site design criteria. Additional information and details will be required with the final design application on the public right -or -way requirements. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Sketch Design Plan January 6, 2004 Planning & Zoning Commission meeting Page 4 of 6 o Site Access: The project, as revised, creates safe and adequate access by completely removing the truck movements from the existing driving lanes on Nottingham Road through the use of a physical barrier. o Parking and Loading: The application proposes that the existing GFA of the building is 79,070. It also proposes that approximately 7,080 of GFA is being essentially `removed' through the required demolition. Thus, the resultant GFA is proposed at 71,990 and only 90 spaces are required. The applicant contends that 97 surface parking spaces are being provided. A site visit by staff revealed that many of the parking spaces at the back of the proj ect (along the retaining wall) are unstriped as indicated on Sheet C 1. It does appear that there is a minimum of 90 parking spaces on -site, which must be verified by a survey at final design. Also, staff has recommended in the variance (Resolution 04-04) that the use of the loading area be restricted. Anytime the loading area ceases to exist or changes in use, then the variance shall be void. Easements: The project does not appear to conflict with existing easements with the exception of the re -located trash enclosure. Approval of the accompanying variance application for the proposed turning movements in the front yard is required for this project. o Site Grading: Grading can be minimized on this proposal through the use of retaining walls as proposed. Specific information on the finished surface of proposed retaining walls and the certification of a licensed Professional Engineer on the design is required at Final Design. o Drainage: The applicant's engineer has submitted correspondence indicating that the existing site pollution control measures will need repair or replacement to accommodate the proposed improvements. A drainage plan complete with pollution control and storm water retention in accordance with the current Town of Avon Master Drainage Study must be submitted for review and approval with the final design application. Snow Removal and Storage: Snow storage has been revised and meets minimum requirements for the project as proposed. o Water, Sewer, and Trash Storage: The trash enclosures are not specifically detailed as to materials and colors (other than the use of metal doors) and the access appears not to function. This information will be required at Final Design, and may also require the submittal of specific material samples and details. o Sidewalks: There are no additional sidewalks proposed with this project. Building Design: o Design Character: The new loading dock will match the existing building in design character. Since the project is considered a `remodel', the improvements should at least match or improve the existing building condition and appearance. o Building Height: Height is not proposed to change with this proposal. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 t Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Sketch Design Plan January 6, 2004 Planning & Zoning Commission meeting Page 5 of 6 o Building Materials and Colors: Clarification on building materials and colors will be required at Final Design submittal. The proposed concrete wall may be acceptable with clarification on the finish material. Trash receptacles also do not specify materials and will require further clarification. The application proposes to repaint the entire building with the existing color scheme at the completion of this project. o Exterior Walls, Roofs, and Architectural Interest: The concrete wall used along the loading dock requires further clarification to be approvable. o Outdoor Lighting: No lighting is being proposed with the application, though some degree of lighting for safely utilizing the loading area may be required. The application must address any lighting requirements by final design. Landscaping: o Design Character: The landscaping islands immediately to the west and to the east of the proposed loading dock are being eliminated. Minimal landscaping is being proposed with this application to screen the improvements or to replace the lost landscaping islands. Staff is concerned that the project is losing two existing landscape buffers and that these buffers and the overall landscaping for this project should be addressed at Final Design. As an additional comment on the existing design, there remains a number of obsolete signs that should be removed by the applicant as a part of this application should the project move forward to Final Design. In addition, a new master sign program or sign should be submitted addressing this new tenant. o Fencing and Screening: The guidelines state that "All service areas, loading and unloading docks must be screened from public view". Other than the use of overhead doors, there is limited screening proposed. Detail of these doors including material and color) has not been submitted by the applicant. o Retaining Walls: The application proposes the use of a large retaining walls to create the loading dock. These wall will require designa and certification by a licensed engineer at Final Design. Also, the wall is being proposed as a poured in place concrete wall and the treatment must be specified. Staff Recommendation Assuming the variance receives approval as set forth in Resolution 04-04, staff recommends approval of the sketch plan for Lot 26, 27, & 28, Block 1, Benchmark at Beaver Creek Subdivision with the following conditions: 1. Anytime the loading area ceases to exist or changes in use, then the variance shall be void. 2. Building details, colors, and materials will be required to comply with the final design requirements. 3. A stamped survey and revised site plan indicating all setbacks, easements, and public right-of-way must be provided. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 26/27/28, Block 1, Benchmark at Beaver Creek Subdivision, Sketch Design Plan January 6, 2004 Planning & Zoning Commission meeting Page 6 of 6 4. All obsolete signs should removed from the building and a new sign program submitted; or at a minimum, the signage proposed with this new tenant, Vail Resorts. Parking shall be verified by providing a survey indicating all parking spaces, which match the architectural plans for final design. 6. New striping of the parking areas will be required as part of the construction process. 7. A drainage plan complete with pollution control and storm water retention in accordance with the current Town of Avon Master Drainage Study must be submitted for final design review and approval. 8. Details of the proposed improvements in the Public Way need to be submitted for final design review and approval. This needs to include complete cross -sections of the entire roadway (East and West of the proposed loading area) indicating existing and proposed improvements, limits of disturbance, proposed materials and specifications. All improvements within -Public Ways need to be in conformance with Title 12 of the Avon Municipal Code, including the following specific details: a. Curb and Gutter needs to be installed around the island at the West side of the loading area and along the East side of the entrance. b. The pan and/or gutter needs to be -installed at the edge of the existing asphalt, therefore not restricting the travel lanes. c. A minimum two (2) foot wide asphalt cut and patch back is permitted in the roadway. 9. The materials, detail, and access to the trash dumpster at the East side of the property must be provided. 10. A detailed landscaping plan will be required at final design, specifically addressing the new buffer area and mitigation of the existing landscaping. If you have any questions regarding this project or any planning matter, please call me at 748-4030, or stop by the Community Development Department. Respectfully submitted, n Zuth O. B'ame, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Staff Report AVONSKETCHPLAN C 0 L 0 R A D C January 6, 2004 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction December 31, 2003 Sketch Design Plan Tract Y, Mountain Star Subdivision Industrial Commercial None Assigrd (Metcalf Road) The applicant, Victor Mark Donaldson ("VM?)") has submitted a sketch plan application for it business .and storage facility consisting of 141,130 sq.R. located on Tract Y, Mountain Star , Subdivision referred to as the Wildridge Busi,:ess Park & Storage Facility in the application': dated October 1, 2003 and plans dated November 18, 2003. There are three.(3) buildings proposed, which include 88,065 esq. of self-storage/warehouse on the upper. floors and 53,065 sq.ft. of office sp.oe on the ground floors. The topography of the! site is challenging, consisting o,' 55% of the site in excess of 40% slope and a major drainage;; way flowing across the site. Accompanying this application is a Special RI -view Use application for a caretaker unit on -site. History of Tract Y During the planning and approval process of t`•ae Mountain Star PUD, the Mountain Star Limited Liability Company initiated a land exchange v.dth the United States Forest Service. This lend trade resulted in the acquisition of 619.75 acres of land adjacent to the Mountain Star PUD, including a 7.232 acres site intended for a Town of Avon public works facility to be located along lower Metcalf Road in the midst of the Industrial/Commercial zone district area. This 7.232 acres site is now described as: Tract Y, Mountain Star Filing No.3. A PUD Amendment approved by the Town of Avon on April 12, 1994 resulted in the incorporation of 612.56 of the 619.75 acres info the Mountain Star PUD. The PUD Amendment approved zoning for six residential lots, the Ranch Central operation, an equestrian center and 567 acres of dedicated open space. The remaining acreage, a 7.232-acre parcel, identified as the public works facility site, was specifically excluded from this rezoning action. In 1996, Tract Y remained designated as Open Space, Landscape, and Drainage (OLD) and was re -zoned to Industrial/Commercial ("IC") by the approval of Ordinance 96-11. On September 17,1998 a final design application for Mountain Star Commercial Center was approved, which included 48,240 sq.ft. of office and warehouse space. A building permit was issued on July 6, 1998 and expired on February 17, 2000. The Mountain Star Commercial Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 2 of 8 Center was approved as IC zoning in accordance with the parking requirements set forth in the Avon Municipal Code, Section 17. 24.020. There were no modifications, concessions, or variances from either the 3 parking spaces per/1,000 sq.ft. of office space or 1 parking space per/800 sq.ft. of warehouse space. The buildings were well sited to allow access and turning movements for delivery trucks and provide for adequate drainage. In a letter dated December 22, 1999, Mike Matzko, Zoning Administrator confirmed that a commercial storage facility was consistent with the IC zone district as permitted by Section 17.20.020 B (1), Avon Municipal Code to determine additional uses consistent with IC zoning. A copy of this letter is attached hereto for your review as Exhibit "A". On February 14, 2000, Karen Griffith, Town Planner prepared a letter providing parking requirements for uses not specifically enumerated as permitted by Section 17.24.030(7) for self - storage and mixed -use industrial development on Tract Y. A copy of this letter is attached hereto as Exhibit `B". The letter does not reference any plans for this parking determination and recommended 4 parking spaces for self -storage and 2 parking spaces per 1,000 sq.ft. for mixed - use industrial uses. On June 13, 2003, Mark Donaldson requested Community Development confirm the previous parking determination made by Karen Griffith on February 14, 2000. On June 23, 2003 staff provide(: a written parking deterrnnation'on Tract Y, which stated the following: 1 parking space per/1,500 sq.ft. of self -storage or I parking space per/every 3 self -storage . units. 1 he applicant and staff were unable to reach consensus o;r this parking determination. On August 4, 2003; the applicant submitted a well -documented request for 1 parking space per 5,000/GFA for self -storage. The supporting documentation included information by a self - storage expert, Buzz Victor of United Stor-All. Buzz Victor has developed self -storage in over 12 states; he is the founder of the Self -Service Storage Association, the first self -storage trade association and has authored books on the self -storage industry. The documentation supporting the parking reduction for self -storage submitted by the applicant.is attached hereto as Exhibit C„ Several meetings took place with the applicant and staff, including the Town Manager, Larry Brooks discussing options and process. The staff was impressed by the proposal presented by the applicant and his expert, Buzz Victor. Staff remained reluctant to make additional parking reductions without requiring a public process and having an application submitted. The following public processes were proposed to address the parking reductions for self -storage: parking variance (similar to the warehouse/storage facilities with parking variances on Mountain Center and Vail/Avon Commercial Park); special review use (which created issues with length and conditions of the approval); and PUD. The applicant did not avail itself to any of the public processes proposed by staff and proceeded to submit a sketch plan application on October 1, 2003. The plans for Wildridge Business Park and Storage Facility were revised and re -submitted on November 18, 2003. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 3 of 8 Design Review Considerations According to the Town of Avon Residential, Commercial, and Industrial Design Review Guidelines, Section 7, the Commission shall consider the following items in reviewing the design of this project: 1. The conformance with setbacks, massing, access, land use and other provisions of the Town of Avon Zoning Code. Allowed use: Self -Storage and Warehousing is considered a use by right in the Industrial Commercial Zone District. The accompanying Special Review Use is being applied for the caretaker unit. Density: Based upon the existing topography and major drainage areas combined with the total building square footage of 141,130 sq.ft. It appears the Tract Y application consists of too much density for the site, which are more specifically described herein as follows: The project does not meet the minimum parking requirements for :;elf storage. 2. Does not address drainage issue for buildings proposed entirely across major drainage way. 3. Development exceeds 2-acre building envelope requirement. 4. No access to maintain drainage pond areas. S. Parking grades exceed Town requirements in specific areas. 6. Apparent discrepancies in grading plan may increase magnitude of non- conformance and site disturbance. Lot Coverage: Lot coverage on this property is zoned through the Mountain Star PUD, and restricted to a 2-acre `building envelope'. The 2=acre building envelope restriction is intended to minimize the density and lot coverage. The application does not accurately calculate this requirement, because the applicant's calculation does not include the parking areas. The 2-acre building envelope requirement reads as follows: Development within Tract Yshall be subject to a two (2) acre Building Envelope to be identified by the property owner and reviewed by the Town o"Avon in conjunction with the Design Review Process. All buildings, portions of buildings, building projections and roof overhangs, structural retaining walls supporting buildings, and parking shall be located completely within the defined building envelope. The access drive, landscape improvements, grading and retaining walls related to access improvements or landscape improvements, utilities, and normal and necessary management of natural vegetation shall be allowed to occur outside of the building envelope. Setbacks: The project is governed by standard Industrial Commercial setbacks in addition to a 2-acre building envelope. Easements: There is a specific 10' drainage, utility and road maintenance easement, which must be accurately identified on the site plan. No structures, including retaining walls should be constructed in this area. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 4 of 8 Building Height: The project maximizes the building height of 48'0" and is defining the top of roof as the maximum height and not the top of parapet wall. The building height will be fully evaluated at final design. Grading and Drainage: Detailed civil drawings are required at final design to fully evaluate the grading and drainage for the project and include the following initial comments to be addressed with final plans: 1. The proposed limits of disturbance do not appear to accurately reflect the limits in order to construct the buildings and retaining walls. Detailed engineered plans will need to be submitted for the retaining walls and structures with revised limits of disturbance for construction provided prior to final design. 2. Proposed contour 7618 and 7620 are not indicated at the sidewalk at the northeast corner of Building 2. It also appears that a small retaining wall may be needed at this location. 3. Top of wall and bottom of wall elevations of the third retaining wall on the east side of building 2 do not match the proposed contours entering the wall. 4. Proposed grade contours entering the retaining walls on the east side of buildings two and three must exit the wall and reconnect with the existing grade contours. Additional top of wall and bottom of wall elevations should be provided for the concrete walls between Buildings 2 and 3. 5. Proposed grade contour 7644 on the northeast corner of Building 3 api,ears to be missing. 6. Proposed grade contours on the north side of Building 3 are not Clear. in additio i, the elevation plan does not match the site plan for.this area. 7. Proposed grade contours in and around the proposed detention pond do not match existing contours properly (existing grade contours 7574 - 7566 connect with proposed grade contour 7578). , 8. Proposed contour 7622 is missing at the southwest side of Building 2. 9. Proposed contour 7638 is missing at the southeast side of Building 2. 10. Proposed contour 7602 is missing at the south side of Building 1. 11. Proposed wall height for the north wing wall at the 84" culvert does not match the proposed contours. 12. Detailed engineer designed plans need to be submitted for improvements, within the Public Ways. This included drainage facilities and street improvements. The plans need to provide stationing, signage, striping, guardrail, cross sections indicating the materials used and their respective thickness and all associated details specifications. 13. The guardrail on the north side of the driveway entrance from Metcalf Rd should be extended around the radius to provide protection from the culvert. 14. Grading at the outlet of the proposed 84" CMP appears to confine the drainage channel and the grading exceed 2:1. 15. Maintenance access needs be provided to the proposed detention areas. 16. A Colorado Stormwater permit may be necessary for this project. Town of Avon Community Development (970) 748-4030 Fox (970) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 5 of 8 17. Proposed grades shown on the south elevation plan for Building 1 do not appear to match proposed grades on the site plan. 18. Proposed grades shown on the east and south elevation plans for Building 2 do not appear to match proposed grades on the site plan. 19. Proposed grades shown on the north, east and west elevation plans for Building 3 do not appear to match proposed grades on the site plan. Parking: The applicant is proposing 18 parking spaces for 88,065 esq.. of self -storage space and 67 parking spaces for 53,065 of IC (warehouse) space for a total of 99 parking spaces. According to the IC zone district: 11800 @ 88,065 sq ft. warehouse/self-storage = 110 parking spaces 11800 @ 53,065 sgft. IC district = 67 parking spaces Total required parking: 177 parking spaces Or taken the parking determination made by staff on June 23, 2003: 1/1,500 esq. @ 88,065 sq.ft. warehouse/storage = 58 parking spaces 1/800 @ 53,065 sq ft. IC district = 67parkingpaces Total required parking: 125 parking spaces Under any scenario, this application does not meet the parking requirements of the IC zone district and should be denied. It is further reconunended that the applicant subm.t a parking variance to obtain these parking reductions. Snow Storage: Appears to be adequate. Landscaping: Details will be provided with final design. 2. The general conformance with Goals and Policies of the Town of Avon Comprehensive Plan, and any sub -area plan which pertains. Metcalf Road — Light Industrial Encourage new development that minimizes significant regrading, and provides for proper on -site parking and circulation. This project fails to provide on -site parking for the amount of intensity proposed and may create problems with circulation for adequate maneuvering associated with the amount of delivery and office space. Policy E1.2 Commercial, public and other uses that generate employment and customer traffic should be located on transit routes, and linked by pedestrian and bicycle paths to minimize the need for automobile travel There is no access to transit, pedestrian or bicycle paths associated with this project. Tract Y is a commercial project, which relies solely on automobile travel on Metcalf Road. Goal E2. Provide an adequate supply of automobile parking, both public and private., to serve the needs of the community As detailed throughout this report, the proposed parking is not adequate to support the proposed intensity. The expert testimony may support a parking variance based upon the Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 6 of 8 zoning criteria and recommend the applicant pursue this alternative assuming other site related issues could be resolved. 3. Whether adequate development rights exist for the proposed improvements. There are adequate development rights for this project assuming the 2-acre building envelope requirement is satisfied. 4. The sketch plan is in general compliance with all design requirements. Site Development: o Site Design: The site design of this project is inappropriate. Building 3 entirely blocks the major drainage area. A complete drainage study designed for the 100- year and 25-year storm event, including debris flow analysis must be prepared by a professional licensed engineer in Colorado. It is imperative this issue is addressed prior to the project moving forward to final design because of the site layout and intensity of the development. Section 3.7 of the Master Drainage Study for the Town of Avon specifically authorizes the Town to require" a drainage study for any site which it feels has special conditions that warrant investigation". This requirement is further reinforced by the flooding and debris flows the Town is experiencing on Metcalf Road and Nottingham Road. o Site Access: Although extensive retaining walls are required to access the site and will require additional detail at final design, the access appears adequate. o Parking and Loading: There are significant concerns with the building designs as it relates to the parking and loading area. The columns are in the parking lot to support the cantilevered buildings. Historically, the location of columns creates conflict with effective parking and loading. In addition, the ground floor office space has garage doors facing the parking lot with changes in elevation and may impede effective pedestrian and vehicular movement. o Easements: The retaining walls proposed in the 10'0" drainage, utility and road maintenance easement should be eliminated to maintain the terms of the easement. o Site Grading: See the 19 comments addressed under Item 1. o Drainage: As set forth in Item 1, the drainage of this property is of utmost concern and must be addressed in detail in order to move forward to final design. o Snow Removal and Storage: The snow storage appears adequate. o Water, Sewer, and Trash Storage: Water and sewer service is available for Tract Y. Trash storage has been proposed; more detail will be required at final design. o Sidewalks: There are sidewalks throughout the project. The access to the ground floor garage doors for storage is directly in front of parking spaces with changes in elevation. Staff is concerned this may not be a practical approach for access to the ground floor storage units, because it creates the potential conflict with other tenants for parking and pedestrian movement. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 7 of 8 Building Design: o Design Character: The design theme is appropriate for the UC zone district and warehouse/office space consisting of precast concrete walls and structural steel elements. o Exterior Walls, Roofs, and Architectural Interest: There are massive exterior and retaining walls proposed. The three buildings break up the overall massing and there is architectural interest created by structural element and changes in rooflines. o Outdoor Lighting: Lighting will be specifically addressed at final design. Landscaping: o Design Character/Fencing and Screening: There is limited fencing and screening on this project because of the existing topography combined with the amount of development proposed and extensive use of retaining walls to adequately ace,-ss the site. The details of these issues must be addressed through final design. Retaining walls: There are extensive retaining walls proposed to fit this proji: ct on the site including walls that exceed 20'0"in height and additional distutrba-ice for excavation will be required to construct the walls. Staff Discussion The Tract Y sketch plan fails to comply with the criteria for a sketch plan approval based urZ )n the following reasons: 1. The project does not fit with the natural topography by impeding major drainage flows with the proposed location of Building 3. 2. Wildridge Business Park consists of 141,130 sq.ft. is intense development for Trct Y. There is extensive grading, excavation, and retaining walls proposed to fit this development on the site. The intent of the 2-acre building envelope requirement s to limit the size of development on Tract Y and the plans do not demonstrate compliance with these provisions. 3. The parking requirements for self-storage/warehouse are not met. The parking reductions being sought should be pursued through the public process of a parking v:IvutKa Staff Recommendation Staff recommends denial of the sketch plan application for Tract Y, Mountain Star Subdivision, as specifically described in the application dated October 1, 2003 and plans dated November 18, 2003 based upon the following: 1. The project does not fit with the natural topography by impeding major drainage flows with the proposed location of Building 3. A detailed drainage study must be submitted, which specifically addressed the debris flow across the site. 2. 141,130 sq.ft. is intense development for Tract Y. There is extensive grading, excavation, and retaining walls proposed to fit this development on the site. The intent of the 2-acre building envelope requirement is to limit the size of development on Tract Y and the plans do not demonstrate compliance with these provisions. Town of Avon Community Development (970) 748-4030 Fax (97/0) 949-5749 Tract Y, Mountain Star Subdivision, Sketch Design Plan January 6, 2003 Planning & Zoning Commission meeting Page 8 of 8 The parking requirements for self-storage/warehouse are not met. The parking reductions being sought should be pursued through the public process of a parking variance. 4. The technical corrections and specific details contained in this sketch plan application are overshadowed by the comprehensive issues regarding density, drainage, and parking. If you have any questions regarding this project or any planning matter, please call me at 748-4030, or stop by the Community Development Department. Respectfully submitted, Ruth O. B Director Community Development Exhibits: A — Letter dated December 22, 1999, Mike Matzko, Zoning Administrator B - Letter dated February 14, 2000 from Karen Griffith, Town Planner C — Applicant documentation for parking determination on self -storage Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 HEART oi the IVAiLLEY AVON EXHIBIT A C O L O R A D O December 22, 1999 Mr. Joe Dobosh VIA FAX: (941) 594-9535 RE: Filing 3, Tract Y, Mountainstar Subdivision Wildridge Commercial Center Dear Mr. Dobosh: This letter is intended to clarify the zoning statUs of the above- referer eed property within the Town of Avon, and confirm the prospective use for a commercial storage facility. The property is currently zoned Industrial and Commercial (IC) under the Avon Municipal Code, Chaptee 17.20, ?one District Rugulations, Section 17.20.010. Although, a commercial storage facility is riot specifically enume,ated under the IC zone district; Section 17.20.010 B(1) autl iorizes additional use !-; which are determined to be similar in accordance with the intent of the zone district. Based upon the relevant portions of the Code, my interpretation is =lat a commercial storage facility is consistent with an IC zone district,. because it i- very similar to a warehouse, wholesale outlet, and/or industrial/co mme cial office. I have attached the relevant portion of the Avon Municipal Code, Secticrn 17.20.010 for your review. If you have any further questions, please do not hesitate to contact me at 748-4009. Post Office Box 975 400 Benchmark i&cd rand Title Avon, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY EXHIBIT B February 14, 2000 Victor Mark Donaldson Victor Mark Donaldson Architects, P.C. Box 5300 Avon, CO 81620 Re: Tract Y parking requirements Dear Mr. Donaldson; This purpose of this letter is to establish the. parking requirements for self -storage and a mixed-. use industrial development comprised of allowed uses in conformance with the -IC- Zone District Section17.20.010). As you know, the Zoning Code does not specifically enumerate these uses_ However, Section 17.24.030 (7) provides for the zoning administrator to determine the parking requirements f'ar those uses that are not specifically enumerated. We have deternuned that the requirements for the self -storage will be a Total of four parkin; spaces, with a minimum aisle width of 30 feet between the storage buildings, and a minimurl of 13'6" vertical clearance. The parking requirements for the n-fixed-use industrial uses will be Z spaces per 1000 square feet of GLFA, gross leaseable floor area. This does not include parking spaces for any special review uses (SRUs) that might be proposed for the property. The parking requirements for SRU's would be reviewed in conjunction with special review use applications. If you have any questions please do not hesitate to call. Sincerely, Karen Griffith, AICP Town Planner cc: Michael Matzko, Community Development Director Post Ojfice Box 975 400 Benchmark Road Avon, Colorado 81620 970-748-4000 970-949-9139 Fax 970-845-7708 TTY C \ (1 n O O C O O l & — C w I — — — — . e i — I. — —III .III — — - . . - ... — - - - V.If,TOR MARK DONALDS0 ARCNITECIORE PLANNING INTERIORS SINCE 1971 EXHIBIT C August 4, 2003 Tambi Katieb, AICP Community Development Town of Avon Avon, Colorado 81620 RE: Parking Requirements for Self -Storage Use on Tract Y 0048 E BEAVER CREEK -BLVD SUITE 207 Box 5300 AVON, CO 81620 970 949.5200 vmda@vmdo.com Fax8949.5205 Thank you and Ruth for your research and assistance in managing the various zoning issues we have discussed to date for our Tract Y development. In addition to the Self -Storage parking information you provided, we have obtained a variety of supporting information for your consideration. It is clear that there is not a "standard" for Self -Storage Use. A recent survey from the Self Storage Association, Inc. states "It may also mean that some cities see Self -Storage as a unique type of warehousing, but with a different customer base and fewer employees and they simply do not know what standards to use." We propose a reduced parking requirement of 1 parking space per 5,000 Gross Floor Area of Self -Storage Use. We believe this to be a solid and reasonable parking requirement for this Use. Additionally, our clients and consultants believe that this will provide more than adequate parking for this development in concert with the other I/C Uses proposed. This Reduced Parking Proposal is based on the following documented information: 1. Case Studies from like industry user groups, 2. Recommendations by the Self Storage Association, Inc. and consultation with Buzz Victor. a leader and prominent investor and consultant in the Self Storage industry, 3. Self Storage Projects which currently function in the Town of Avon, and 4. Historical and pragmatic issues. 1. Case Studies / Self -Storage Association, Inc Survey: (Supporting documentation attached). Mesa, Arizona: 4 spaces plus two for onsite Management Operations. Santa Clarita: 1 space per /2000 net sq. ft. of Self -Storage. S"AS: I Space per employee plus 1 per 5,000 GSF, plus vehicle maneuvering space next to each leased Self -Storage space having exterior loading access. Lakewood, Colorado .35 spaces per 1,000 sq.ft. of GFA. Denver, Colorado: A parking area equal to 1/I O'h of the Gross Square Footage of the Use. Steamboat Springs: 1 space per 20 Self -Storage units. Eagle, Colorado: 1 space per full time employee on duty, plus vehicular movement areas sufficient to allow on -site loading and unloading. In a study conducted by the Self Storage Association, Inc, it found that 41.2 % of the respondents used Floor Area as its means of calculating parking requirements for Self Storage. In cases where spaces were based upon number of storage units, these requirements were 1/10 Self -Storage units to 1/30 Self -Storage units. The same study found that more than 50% of the respondents to the survey on parking requirements had requirements equal to or more than 1 / 5,000 GFA. Some of the requirements were as minimal as none and ranged up to over 1/20,000 GFA of Self -Storage Use. Many of the respondents had a variable scale, which would allow for a minimum parking requirement for a fixed number of GFA and additional spaces as the number increased on a graduated scale. For example 1 space / 5,000 GFA for the first 100,000 GFA and then 1 space / 10,000 GFA for any space above 100,000 GFA. We conclude that the Town of Avon would not be deviating from the norm by applying a parking requirement of 1 / 5, 000 GFA or 1/10, 000 GFA for that matter. 2. Recommendations of Buzz Victor Mr. Victor's comments are based on over 25 years experience in the development, planning, and operating of self -storage units. Please review the attached letter and qualifications from Mr. Victor. We conclude that Mr. Victor's experience provides an expertise and oversight in this field of development and his opinion and direction are the most conclusive of all the information that was reviewed. 3. Self Storage Projects in Avon Although there are no specific parking standards for Self -Storage Use within the Town of Avon. there are two projects with significant and similar Self -Storage Uses. These two projects are similar to Tract Y by the fact that a self -storage user will use an elevator or stairs to access their stored items. In the case of Avon Self Storage there are fewer than 8 dedicated parking spaces (none of which are striped). and it appears that this 44,000 sq.fl. project functions well. In the case of AAA Mini Storage there are less than 6 spaces dedicated to the Use of Self Storage. Again. the: Self Storage Use within this development functions well. It is our understanding that the Town records do not show any spaces dedicated to the Self -Storage Use, but a visual inspection revealed the above intormation. We conclude that by providing 1 parking space /5000 GFA on the Tract Ydevelopment surpasses parking provided for these Uses on these two projects which are currently successfully operating within the Town 's t urisdlct l on. 4. Historical and Pragmatic Issues The development long term, It simply does not make economic sense for theOwnerintendstomanagethisdevelopegpy Owner to develop buildings and invest large sums of money into a project that is not adequately parked. In Self Storage Standards and the Modern Community published by The Self Storage Association, Inc., it states "more and more cities are coming to recognize Self -Storage facility developers are not going to build facilities with inadequate unit access." We conclude that the owner of this project intends to create a successful project and it is not in the best interest of the owner to provide inadequate parking for this project, in any fashion. Based on the above four criteria, we propose a parking requirement for the Self -Storage Use on the 1 Tract Y parcel to be I space / 5000 GFA of Self -Storage Use. We look forward to your concurrence on this issue, and would like the opportunity to clarify anything that is unclear as you make your decision. Sincerely, Chris Jue ens, DA. CC: Ruth Borne, Director Community Development Mark Donaldson, VMDA Chad Lund. Vice President Lund Capital Group 239-213-1940 Buzz Victor, United Stor-All 303-290-1886 Attachments: Misc. Parking requirements for self -storage. Buzz Victor Letter and experience. Excerpts from Self -Storage Standards and the Modern Community, 2002. I*GFA= Gross Floor Area CASE STUDIES Mesa, AZ Santa Clarita, CA S WNAS Lakewood. CO Denver, CO Steamboat Springs, CO Eagle, CO CHAPTER 16 ON -SITE PARKING AND LOADING REGULATIONS 1 I 11-16-1 Purpose and Intent: The purpose of the On -Site Parking and Loading Regulations is to provide standards for parking and loading facilities to accommodate the various land uses permitted by this Ordinance. It is the intent of this Chapter to require the minimum number of on - site parking and loading spaces with maneuvering areas, driveways and surface materials for the efficient movement of vehicular traffic. 11-16-2 General Regulations and Standards: A) The requirements of this Chapter shall apply to any building, structure, enlargement or addition, and to a change in use of land of an existing building or lot. The parking and loading requirements and standards of this Chapter shall be complied with for the entire building or use, except that off-street parking and loading requirements, as specified in this Chapter, may be modified pursuant to Mesa Town Center Area provisions. B) All required parking and loading spaces and maneuvering areas shall be located on the lot upon which the use served is located, except that parking spaces may also be located upon a contiguous lot incorporated into the development site. C) Parking spaces and maneuvering areas shall not be located within the required front yard in any Single Residence District, nor in any required oryard landscaped area in any other zoning district. Where the end of a parking space abuts a required landscape area the minimum width of such area shall be increased by two feet (2'). D) The keeping or storage of any commercial vehicle having a gross vehicle weight rating (GVWR) exceeding thirteen -thousand (13,000) pounds or having dual rear wheels exceeding seventeen (17) inches in diameter on any residential lot shall be deemed a commercial use and is prohibited. E) The following standards shall apply to required on -site parking and loading spaces, maneuvering areas and access: 1. Required parking and loading spaces, maneuvering areas, and driveways shall be paved with asphalt, concrete, paving stone or masonry to a sufficient thickness to withstand repeated vehicular traffic, except in single residence and agricultural uses. 2. A required parking space shall be rectangular with a minimum width of nine feet (9') and a minimum length of eighteen feet (18') and shall have independent access from an aisle or driveway. 3. A required loading space shall be rectangular with a minimum width of ten feet (10') and a minimum length of thirty feet (30') and shall have independent access from a driveway or alley. Designated loading spaces shall not encroach into any fire lane. 4. Required parking spaces shall be permanently marked and shall be accessible from a street or alley by a driveway or aisle such that all vehicles shall approach the street or alley in forward motion; except in single residence and agricultural uses. 16-2 F) Required stall and aisle design: The following diagrams specify the required stall and aisle dimensions for the situations depicted. Alternate configurations may be authorized by the Planning Director or his authorized representative. r o L 27 1 22' 27 9' Min. Aisle: fare lane - 20' one way -12' min. two way - 20' min. PARALLEL PARKING vehicle 18 24' 1 18' overhang 2' 4' r 9' I 8, nanaicap I staA g Handicap stall may be located 8, l handicap one side or both sides of ramp all and aisle ram 1:10 90 degree pariring L A B C D E F G H I J K L M N O P ONE TWO ONE TWO ONE TWO j WAY WAY WAY WAY WAY WAY AISLE AISLE AISLE AISLE AISLE AISLE 30 16.8 18.0 1 4.5 1 7.8 9.0 15.6 25.8 12.9 26.7 11.1 45.6 1 53.6 12.0 20.0 37.8 1 45.8 45 19.1 12.7 6.4 6.4 12.7 12.7 31.8 15.9 19.1 6.4 51.2 62.2 13.0 24.0 44.8 55.8 I 60 20.1 10.4 7.8 4.5 15.6 9.0 35.7 17.85 10.2 1.2 58.2 64.2 18.0 24.0 53.7 59.7 16-3 11-16-3 On -Site Parkinq and Loading Requirements: A) The On -site Parking Requirements Schedule specified in this Section is based on gross floor area unless specified otherwise. B) In the case of mixed uses, the total requirements for off-street parking spaces shall be the sum of the requirements of the various uses computed separately as specified in this Section; and the off-street parking space for one (1) use shall not be considered as providing the required off-street parking for any other use. C) In case of fractional results in calculating parking requirements from the chart below, the required number shall be rounded up to the nearest whole number if the fraction is 0.5 or greater. D) Accessible parking spaces shall be provided and maintained pursuant to Section 4-1-3 of the Mesa City Code pertaining to the Arizonans with Disabilities Act of 1992. E) Covered parking spaces shall be provided as follows: 1. Multiple residence projects shall provide one covered parking space per unit. 2. Office use developments shall provide one covered parking space per office or suite. F) All uses, except single residences, shall provide at least four (4) on -site parking spaces. G) The following chart specifies the minimum parking spaces required for each permitted use: 16-4 I k USE MINIMUM STANDARDS 1. Residential: Single Residence Detached or attached: 2 spaces per dwelling Multiple Residence: Efficiencies, studios 1 space per dwelling unit One bedroom unit 1.5 spaces per dwelling unit Two + bedroom units 2 spaces per dwelling unit All Multiple Residence developments with 5 or more units shall also provide: Guest parking 1 space additional per 10 or fraction thereof) dwelling units PAD's including condominiums, 2 spaces per unit plus 1 townhomes, patio homes, etc. guest space for each additional 10 (or fraction thereof) dwelling units Boarding house or similar 1 space per each 2 guest facility rooms plus 2 spaces for the dwelling unit Assisted living facility 1 space per dwelling unit or same as boarding house) 2. Public Assembly and Schools: Theaters, auditoriums, assembly 1 space for each 75 s.f. halls, churches, clubs, lodges of G.F.A. used for and fraternal bldgs, funeral public assembly homes, community centers, libraries Swap meets and farmer's markets 1 space per 100 s.f. of gross public sales area Schools, kindergarten through 1 space per 600 s.f., ninth grade G.F.A. 16-5 0 USE MINIMUM STANDARDS High schools, academies, colleges, 1 space per 200 s.f., universities, trade or G.F.A. vocational schools 3. Health Care: Medical or dental offices and 1 space per 200 s.f_, Outpatient clinics G.F.A. Hospitals and nursing and 1 space per 400 s.f., convalescent homes G.F.A. Day Care center/nurseries 1 space per 375 s.f., G.F.A. 4. Group Commercial Developments: Group Commercial Developments Shell buildings, no specified uses) 5. Independent Commercial Buildings and Uses: General Offices/retail and services General Auto Repair - garage, service station, car wash and drive -through lubrication shops Hotel and Motel Restaurant, Bar Restaurants with drive -through facilities Outdoor Sales and Service Areas, car lots, plant nurseries, building supplies, etc.) 1 space per 300 s.f., G.F.A. 1 space per 375 s.f., G.F.A. 1 space per 375 s.f., G.F.A., including service bays, wash tunnels, and retail areas 1 space per room or suite of rooms with individual exits plus ancillary use requirements 1 space per 75 s.f., G.F.A. and outdoor seating area 1 space per 100 s.f G.F.A. 1 space per 375 s.f., G.F.A., of sales and service building, but not less than 4 spaces per use 11 USE MINIMUM STANDARDS 6. Recreation: Bowling Centers 5 spaces per lane plus ancillary use requirements Goff Course 1 space per 2 practice tees in driving range plus 4 spaces per green plus ancillary use requirements Goff Driving Range 1 space per tee plus ancillary use requirements Miniature golf, amusement parks, 1 space per 500 s.f., batting ranges, and water of outdoor recreation area slides plus ancillary indoor uses Health spas/clubs, gyms and 1 space per 100 s.f. tennis, handball, racquet- ball courts/clubs G.F.A., excluding courts, which require 2 spaces per court Skating rinks, dance halls 1 space per 75 s.f. G.F.A. used for recreational activities and ancillary use requirements 7. Group Industrial Buildings and Uses: Shell buildings, no specific use) 1 space per 500 s.f., G.F.A. 8. Independent Industrial Buildings and Uses: Mini -storage (dead storage only) 4 spaces plus 2 for manager's quarters Warehouses 1 space per 900 s.f., G.F.A. Manufacturing 1 space per 600 s.f., G.F.A. 9. All uses not specifically designated above, or similar to the above, shall have parking space requirements determined by the Zoning Administrator. H) On -site loading space shall be required as follows: 1 16-7 H 1. All nonresidential uses shall provide space for loading and unloading of commercial vehicles on site. 2. Off-street loading spaces shall be paved and be at least ten feet (10') by thirty feet (30'), exclusive of access aisles and maneuvering space. n L 16-8 ue;zaio3 14:L1 FAA 661 z59 8125 CITY OF SANTA CLARITA 2 001/001 17.18.130 USE NUTVMM OF REQUIRED -SPACES Medical/dentaI offices Evt::y medical and dental office use shall provide a minimum of one parking space per each ' 200 square feet of floor area of any building or structure so used Motels Every motet shall have, on the same lot or parcel of land; 1.1 pari :ing spac s for each guest room and two fully enclosed parking spaces for each dwelling unit Racquetball and tennis courts Every racquetball, tennis or similar court shall provide two parking spaces per couri in addition to' the parking requirements for the remainder of the facility. I Industrial Uses Scrap metal processing, auto- mobile dismantling, and junk and salvage yards Self storage facilitiesb Santa ClariEs 4-32) In connection with any industrial use; parking spaces shall be provided for all vehicles used directly in the conducting of such use and, in addition, not less than one automobile parking space for each two persons employed or intended to be employed on the shift having the largest number of employees, or each 500 square feet of floor ar6a ofthe building used for such use, whichever is the larger. One parking space shall be provided for each 1,000 square feet of war- house u:;e, one parking space for each 500 square feet of manufacturing use. 1 p`king space for each 7,000 sq. ft of yard area or fraction thereof, up to the first 42,000 square feet. 1 parking space for each 20,000 sq. fL of yard area or fraction thereof, in excess of 42,000 square feet. Regardless of size ofthe yard area, a minimum of parking spaces shall be provided. The parking spaces required herein shall notbe used forthe parking of vehicles used directly in the conducting of such use or of renovated, repaired or reassembled vehicles which are owned, operated or in the possession of the proprietor of the yard. The addition of automobile parking spaces on an adjacent Iot or parcel of land for purposes of complying with the parking requirements of this section wall not be considered an expansion of the use for purposes of Chapter 17.05. All required parking areas and drive- ways shall be developed in accordance with this section. 1 pa -king space for every 2,000 sq. ft. of storage space N' DC-21 Table of Parking Requirements SWNAS Area PRINCIPAL USE* MINIMUM REQUIRED PARKING SPACES* Residential Uses Single family residence 2 per dwelling unit Senior residence community 1.2 per dwelling unit Continuing care community 1 per dwelling unit or 0.5 per bed (as applicable) Nursing home/rest home 0.25 per bed plus 0.5 per employee Other residential As needed* Institutional Uses Religious uses 1 per 6 seats in largest assembly area, Educational uses Homeless shelter Medical Uses Hospitals & medical centers Medical dinicslperambulatory pre facilities Other medical uses Recreational Uses Pius 1 per church official. pM± 1 per two employees 1 per professional/administrative employee, plus 1 per three classrooms, trs (if there is assembly space) 1 per 10 seats/10 persons based on building oceupancy capacity per Massachusetts Building Code or Fire Code As needed' 0.5 per bed, plus 0.75 per employee on peak shift, us 1 per 500 SF of emergency receiving area or patient waiting area in individual doctor offices (if applicable) 3 per attending physician, plus 1 per each other employee As needed' Parks and outdoor recreation As needed` Golf courses 3 per hole, Ps 1 per employee. 1 per 200 SF of pubic eating or rneeting space Sports spectator fadlity, public assembly Whichever is higher. 1 per 6 seats/6 persons based on building occupancy capacity per Massachusetts Building Code or Fire Code, or 1 per 100 GSF Health/ fitness dubs 1 per 600 GSF, plus 1 per employee Private club As needed Notes GSF Square footage of gross floor area For uses not listed or for whirr stated requirement is 'as needed; um thenumberof requred parking spaces shall be determined Z bytheoningEnforcement Officer based on the best ava aNe information. I ao„tK-:—r ru—mxrs Page 1 11/ 19/19" Table of Parking Requirements SWNAS Area PRINCIPAL USE* Business Uses Office (other than medical) Medical office Bank Business & professional services Child day care facility (f principal use) Funeral home Research and Development Uses Commercial Uses Shopping Center Retail sales Department store Supermarket or convenience store Video store (if principal use) MINIMUM REQUIRED PARKING SPACES* 1 per 250 GSF 1 per 200 GSF 1 per 200 GSF of ground floor and customer service area, plus 1 per 250 GSF a1 other floors 1 per 250 GSF 1 per employee, plus adequate space for vehicle drop-off of children 1 per each company vehicle, plus one for every 3 seats in the meeting rooms 1 per 400 GSF 1 per 250 GSF on ground floor, Plus 1 per 500 GSF on other floors 1 per 300 GSF on ground floor Phis 1 per 1,000 GSF on other floors 1 per 200 GSF on ground floor, Plus 1 per 1,000 GSF on other floors 1 per 200 GSF General retail and all other retail 1 per 250 GSF on ground floor, including mixed retail use development specta y retail, etc) t—is 1 per 500 GSF on other floors Consumer & product services 1 per two employees, phis 1 per 600 SF of office/customer service area, plus 1 per business vehicle stored on site Wholesale business 1 per every two employees Plus 1 per 600 SF of o(fce/aatomer service area, us 1 per business vehicle stored on site Hotel/motel 1 per room, plus 1 per 200 SF of pubic eating or assembly space Restaurants, eating/drinking establishments Sit-down restaurant where food & beverage is primarily intended to be consumed on the premises) Fast-food/takeout restaurant Commercial entertainment/amusement uses Bowling alley Nightclub Movie theater/cinema All other commercial uses Whichever is greater: 1 per 3 seats (based on seating capacity per State Building Code) or 1 per 1ti0 GSF 1 per 2 employees on peak shift, plus 1 per 75 SF in dining area/customer waiting area 1 per alley, plus 1 per employee 1 per two employees, kin 1 Per 4 Persons based on buibig ocarpeny rnrecity Per Maaarhusefts Building Code a Fee Code 1 per 3 seats/3 persons based on building occupancy capacity per Massachusetts, Building Coda or Fire Code 1 per 250 GSF or as determined by the Zoning Commission Notes GSF Square footage of gross floor area For uses not listed or for which stated requeerrtenl is 'as needed,' the number of required parking spaces shall be determined by the Zoning Enforcement OfTicer based on the best available information. awprucW,m`TABLF.R(l;!(I S Page 2 -- I1/19/19" Table of Parking Requirements SWNAS Area PRINCIPAL USE* MINIMUM REQUIRED PARKING SPACES* Industrial Uses Whichever is greater 1 per 1,500 GSF or 0.75 per employee on peak shrift, kkis 1 per business vehicle stored on site Transportation & Motor -Vehicle Related Uses Transportation terminals/services Warehouse/Distribution Uses W arehouse/distribution Self -storage warehouses 0.5 per employee on peak shift, 1 per 1,000 SF of customer service/wailing areas, Plus 1 per business vehicle stored on site Whichever is greater: 1 per 3,000 GSF or 0.75 per employee on peak shift, kp_is 1 per business vehicle stored on site 1 Per employee, kp_is 1 per 5.000 GSF, 4 a vehicle maneuvering span read to each l storage space hav:ig indmiaual external loading accew Communications and Utility Uses Television or radio studio 1 per 250 GSF, Plus 1 per 6 seats in any studio audience seating area Public Infrastructure Uses As needed Notes GSF Square footage of gross floor area For uses not listed or far which stated requirement is 'as needed,' the number of requWad parking spaces shall be defennlned by the Zoning Enforcernent Officer based on the best available mfomhaflon. n w,o.R A,p rani rw:h: i.s Page 3 11 / 19/ 1999 VUIf LItV U V 't-'tVFIYI L U H U UnrllhL UnVUr No, Ib3 I'. 2:-'"`. Self Storage and the.Modern Community 0 1 in 1989 nearly 60 % of t}ic respondents gave us TABLE 8 responses in specific square footages. This year 57.1 METHODS OF DETERMINING gave the response "varies with zone," and of the OFF-STREET OFFICE PARKING remaining 42..8 °,6,18 or 23.4 % permitted sign faces REQUIREMENTS withbeLween 101 and 400 square feet The remaining 13, or 16.9 %, restricted siguage to 100 square —feet or NumaEP PERCENT less_ These are shown below Square Feet of Santa Rosa, CA -100 Office Space 26 32..5 Plano, TX -100 Absolute Mh1imura 10 12.5 Fo ntarl.a,CA -100 Not Designed Separately 10 12.5 I ndependence,M0 -100 Number of. Employees 7 8.8 Livonia, LA -100 Number of Employees wall sign only) Pius Square Feet of Office 3 3..8 Boise, DD -80 Manager Quarters Plus Square Feet of Office 11 13.8 Peoria,. TJ. -70 None Required 2 2..5 PARKING Other Methods 11 :13.8 We didn't fold any degree Of universality of parkin Bawd on 80 responses. standards in our 1989 survey. The results are unchanged in our 2000 survey. We continue to find that some cities have parking standards based on The range of standards imposedby the 42 responding number of employees, nuniunnm number of :,paces, cities which use square feet of office in determining Fred number of spaces, separate standards for the parking requirements is interesting. As Table 9 office and storage units, etc. These are s.b.own in shows, the standard ranges from I space per 200 feet fable 8.. gfa of office to I space per 5,000 feet gfa.. PARKING FOR OFFICE TABLE 9 The central tendency was to base ;office parl_ing ou PARKING STANDARDS BASED ON square feet of office space to deteimiiue off-street GROSS SQUARE FEET OF OFFICE parking requirements. This is not surp.ising, SPACE considering use of gross floor area (gfa) is a very common method for calculating parking Num6ER PERCENT requirements. Requirement~ based oil square feet of office space, plus a Freed number of spaces for the I/200 gfa 6 14.3 resident manager's quarters or Ncluare feet of office 1/250 gfa 12 286 plus number of employees, are similarly to be expected.. 1/300 f g9 21..4 1 / 3 75 gfa 1 2..4 1/ 400 gfa 8 19_0 1/ 500 gfa 3 71 1/ 1,000 gfa 1 2.4 1./ 5,000 gfa 2 4.8 Jun,24, 2003 4:46PM LUND CAPITAL GROUP No.1531 P. 3, — 6. Self Storage and the Modern Community Y he number of parking spaces required based on an solute is reasonable ranging from two to five. San rnardino, CA has a requirement for seven Parking aces, but this includes the office, resident unanager Ad customers visiting units. Greensboro, NC n _ quires five spaces for the entire facility.. l.. our 1989 survey, we found several cities cstabli.shed r. parking requirements in part, based the number units. None of our responding cities in the 2000 s . ady did so. ARKING FOR CUSTOMERS JSING UNITS ie most popillar standard for parking requiremcnts f..._ customers using their storage units continues to b..: gross floor area (gfa). As shown in Table 10, 41.2 % c all respondents utilizes this standard., versus 38.0 11 in 1989. What is very gratifying to see is that in c .:r 2000 survey, 33.8 % of respondent cities have no p..thing requirements contrasted with only 16.7% i-_. 1989. We believe this reflects more and more tides a_ i conning to recognize selfstorage facility developers a. not going to build facilities with inadequate unit a-. ess. 1t may also mean that some cities see self s: irage as a unique type of warehousing, but with a d_ _ferent customer baseand fewer employees and they s_. aply don't know what standards to use. T -, SLE 10 r... ETHODS FOR DETERMINING F - ARKING REQUIREMENTS FOR t JSTOMERS USING UNITS G. oss Floor Area IN .! mber of Storage Units 1\ . nc Required J1LL1la s liaJl. lea N nnber of Warehouse E_ . ployees NUMBER PERCENT 33 16 27 1 3 41.. 2 TABLE 11 PARKING REQUIREMENTS BASED ON GROSS FLOOR AREA OF STORAGE UNITS NUMBER PERCENT 1/ 250 gfa 1 3..0 1/ 500 gfa. 1 3.0 1/ 17000 gfa 8 24..2 1/ 2,000 gfan` 5 15..2 1/ 5,000 gfa S 15.2 1/ 10,000 gfa 3 9.1 1/ 20.000 gfa 1 3.0 Variable gfa 5 15..2 Other gfa 4 12.1 33 responding cities base their requirements on ,grass floor a7 :a Albany, NY and Newport News, `'A, have respective standards of 1 per 250 and 1 per -400 square feet of gfa of storage space. Simi Valley, CA requires 1 per 20, 000 with a minimum of three spaces. Simi W.1ey also requires one parking space for every 50 boats or vehicles parked.. Jackson, MS requires 1 parking space for every 10,000 square feet of climate controlled space, otherwise a total of five spaces. Charlotte, NC's standard is 0.25 parking space per 1,000 gfa, Anaheim, CA's is 0.27 space per 1,000 gfa and Lakewood. CO requires 0.35 space per 1,000 square feet of gross floor area.. 20.. 0 Of the 1.6 .responding cities which require parking 33„ 8 based on number of units, 1.2 .have standards ranging from one space per 10 units to one space per .30 units. 1. 2 Springfield, 1VIO require.; a parking space for every unit with a door which opens oil a driveway_ Moreno 3. 8 Valley requires one space per 100 units.. C:_ stomcr parking requirements based on gfa of ranges front one space per 250 square feet to nue, pc_ 20,000 square feet. The range of requirements is sla_,) wn in Table 11. The central tendency was 1 /1.,000 gf. RESIDENT MANAGER 1T1Crea:: ingly, owners/operators of self storage ! facilities are moving away from having resident managers. Primary reasons for this arc cost savings labor and space required for office pa.rl:ing), I enhanced. automated operational and security ; systems and manager burnout. IrcnicaJly, a higher Aug, +. 2,003 8:59AM LUND CAPITAL GROUP i No,2083 P- 3 J F1 i /7 S° R ASSOC1AT10N r-- W&/- Copyright e 2002, A;1_ rights rese -ved. S(2f Storage Association, Inc., 6506 Loisdale Road, Spin ;field, irginia 22150. This material (including buz not limited to the text and images), individually and collectively, may not be copied, reproduce,,, republished, uploaded, posted, transmitted, or distributed in ary way without the express consent of the SSA. Modification of the Materials or use of the Materials for any other purpose is a violation of SSA.s or such other sources' copyright, trademark and other proprietary rights_ i This material is designed to provide authoritative information ;n regard to the subject matter being covered. It is provided as a general guide and should not be construed as rendering legal, accounting, or other professional advice. 1 Aug, 4, 2003 8:59,AM LUND CAPITAL GRvUP N o , 2 0 8 3 P- 2 Ptcblished by SSA The Self Storage Associ; Lion, Inc. 6506 T.o sd le Roy 1, Suice -15 SpzinSrield, Virginia 22150 Self Storage Standards and the Modern Community 1 J fl I i Buzz Victor — managing partner of Minibrook Partnership ("Minibrook"), is a pioneer in the self -storage field. He has developed twenty-five mini -storage facilities located in twelve states since building his first project in Omaha, Nebraska in 1973. These properties, containing more than more than 2.5 million square feet of rentable space, are located in Arizona, Colorado, Nebraska, Michigan, New York, Maryland, Pennsylvania, New Jersey, Virginia, Tennessee, California and Florida. Additionally, he has acted in the capacity of contract manager for projects located in Vermont, Colorado, Virginia, Pennsylvania, California and North Carolina. Mr. Victor was a founder of the Self -Service Storage Association, the industry's first trade association and served as President for two terms. He has served on the board of the International Storage and Transport Association and acted as that group's Chapman in 1993. Widely regarded as an industry expert, Victor is the co-author of Self -Service Storage: The Handbook for Investors and Managers, a publication of the Institute of Real Estate Management. This book continues to be the best general source of information regarding the industry. He has published many articles in magazines, journals and newspapers as diverse as The Chicago Tribune and the Mini - Storage Messenger. He has been quoted in the Kiplinger Letter, Real Estate Today, and a number of technical journals including that of the American Society of Planing Officials. He is often called upon to lecture before investment and real estate groups. H n As a consultant, Victor has served more than three hundred companies and individuals in the United States, Canada, Europe, South America, and Australia, helping them to enter the self -storage industry. His Afini- Storage Seminars, acknowledged to be the finest educational programs ever presented regarding the industry, have been presented to more than two thousand individuals. Many of these have entered the industry and are now leaders in there own right. Victor has acted as an "expert witness" in several cases involving self -storage valuation and operation. Victor founded Mini -Storage Alarm Company (now Sentinel Systems Corporation) in the mid-1970's. That business designed the first security systems and property management software available to the industry. Its products are in use at more than 2,500 self -storage projects in the United States, Canada, the United Kingdom, Australia, and South Africa. Victor sold that company to its current management in 1991. Victor was general partner of United Storage Associates, a public limited partnership vehicle, which raised more than $7.5 million and developed non -leveraged self -storage properties. Victor successfully managed the partnerships' properties until 1995 when they were sold. He served as general partner in a private limited partnership, which converted four buildings in New York City into self -storage. The project was sold in 1998. In 1994, operating as United Stor-All Centers, Inc. ("United") Victor and a partner amalgamated a group of 36 self -storage facilities located throughout the United States and negotiated their sale in 1995, to Storage USA, then a publicly traded New York Stock Exchange Real Estate Investment Trust ("REIT"). Beginning in 1996, United, in partnership with Storage USA, developed fourteen properties located in Florida, New York, New Jersey, and Pennsylvania. Most recently, Minibrook is a partner in an entity that just opened an eight -hundred -unit self -storage facility in Oakland. California. Buzz has been active in various community organizations, and is immediate past chair of the board of Colorado Public Radio. He and his wife, George Ann have been married for 27 years and have two children. i number of storage unit rentals are seasonal in nature, and where customers will not even be in Avon or the Vail valley for months at a time, the above mentioned generation rates are likely to be high. In my own experience, having developed and operated more than thirty self -storage projects in eighteen states, even where we have had limited land and parking opportunity, small numbers of parking spaces have been adequate. By way of a specific example: The photo on the left shows the parking and loading area for our eight -story conversion located in Denver (2100 E. Colfax Ave.) The building contains over 600 rental units and is served by one loading dock (the door on the right surrounded by red paint). At the time the photo was taken, my office was located in this building along with my staff of three. That accounts for four of the cars shown. In addition, the site manager's car was also parked in the area. You can see that no one is actively loading; that there are several other cars in the lot belonging to customers, and that we are storing one of our rental trucks in the same parking and loading area. This building has been operating successfully for more than twenty-five years as a self -storage facility with this limited parking and loading area. Given that you have three separate buildings, each providing self -storage units, and collectively containing approximately the same number of units as the building above, it is probable that there will rarely be more than one vehicle near the elevator access points at any given moment. Certainly there is no justification for formal parking spaces beyond those mentioned above. I hope that this addresses your needs. Please let me know if I can answer additional questions. Sincerley, bv UNITED- STO R-ALL 5650 Greenwood Plaza Boulevard Suite 143 Greenwood Village, Colorado 80111 303-290-9100 303-290-1886 Fax ---- July 30, 2003 Mr. Mark Donaldson Victor Mark Donaldson Architects 0048 Beaver Creek Blvd. Suite 207 Box 5300 Avon, CO 81620 Dear Mark: You have asked that I comment on the requirements for parking at a self -storage facility. I have attached information regarding my qualifications to make such comments. Historically, there has always been confusion about how self -storage differs from other forms of warehousing. As a concept, self -storage began in earnest in the 1970's. In those days, zoning codes made no mention of self -storage, and the closest category seemed to be warehousing. As time went on, and experience with self -storage increased cities and other authorities grew more cognizant of the fact that self -storage and warehouses bore little relationship to each other. New assessments were made about parking requirements. In virtually all cases, parking requirements were reduced. It became clear that there were three separate requirements for self -storage "parking." The first of these was for individuals who were interacting with the property manager. These people were renting a unit for the first time, paying a bill, or notifying the manager of their move -out. These customers required parking near the facility office. Generally three to five spaces were required for such transactions. The second requirement I was for the manager/assistant manager. Two spaces were generally required for this use. Finally, came the requirement of the self -storage user who was moving -in, moving -out or simply accessing his goods in storage. There was no requirement for formal parking spaces for these customers. They were pulling up to the building near where their rental unit was located. Depending on building design, that could mean directly in front of their rental unit door, in front of the door that opened into the hallway leading to their rental unit, or in front of the door leading to the elevator that accessed the floor on which their unit was located. Often questions were asked about frequency of self -storage usage. What was the likelihood that there would be users requiring access to the same entry points at the same time? Traffic analysis provided the answer. Numerous entities have looked at traffic at self -storage facilities. Two studies have been most widely used. One was by Economic Consulting Associates of Tempe, AZ. The other was by the Institute of Transportation Engineers. Ranges in round -trips per hour in the studies were approximately 7 to 15. That is, in any given hour, 3.5 to 7.5 vehicles might be at a self -storage facility. Because length of stay at the facility is generally less than an hour, vehicle count at any given moment will be less than that. Further, in your specific case, where a large Buzz Victor Experience and Recommendation 4 1 1 owr.l off' if Gl.C' F1 I 6 J 5 4.07.050 4. Use Category - Industrial Uses a. Industrial, Manufacturing, Warehousing, Wholesale Business: 1 per 1,000 square feet of floor area used or designed for storage, warehousing, distribution, wholesale sales, or a combination thereof, 2. Plus 1 per 350 square feet of floor area used or designed for manufacturing assembly, parking, preparation, research facilities, experimental or 4.07.050 testing laboratories, or other such uses, 3. Plus 1 per 300 square feet of floor area used or designed for retail sales or office use. b. Self -storage, Mini -warehousing Establishment - I per full-time employee on duty, plus vehicular movement areas sufficient to allow on -site loading and unloading Other Uses For uses not specifically listed herein, the use classification for purposes of parking requirements shall be determined by the Town Planner, based on similarity of the proposed use to the listed use classification. If the Town Planner determines that a proposed use is not comparable to any use listed herein, he shall request the Planning Commission to determine off-street parking requirements for the proposed use at a regular Commission meeting. The Planning Commission shall make such determination based on the following criteria: the similarity of the use to those uses listed herein, the zone district of the property, the need for off-street parking in the area where the property is located, the nature and extent of use of the property by the public, the number of employees who will work on the subject property, and the use capacity. ses Not Known For unknown commercial space for which all or part of the space has no use designated the parking requirement shall be as follows: parking spaces shall be provided at the rate of one per 225 square feet for the first floor and one per 275 square feet for all other floor area, except that an indoor restaurant, bar or tavern may occupy no more than 25`%, of the floor area without providing for additional spaces. 56 Chamcr 4.()7 STEAMBOAT SPRINGS REVISED MUNICIPAL CODE 7) Required parking spaces. Each use shall provide at least the number of parking spaces shown below, unless a different standard is specifically stated elsewhere in this CDC or is modified through the approval of a development plan variation or PUD. Special parking regulations applicable to specific zone districts shall take precedence over required standards in this section. Where fractional requirements result from the application of this schedule, the fraction shall be raised to the next whole number. No additional parking requirements shall be imposed as a result of the construction of outdoor decks or patios so long as such decks or patios do not displace existing parking facilities. The director shall have authority to determine the type of use and the parking requirement for each use or combination of uses, subject to the provisions of this section. Required parking for uses not specifically listed below shall also be determined by the director based on the characteristics of the use and consideration of the parking requirements for other uses with similar characteristics: service - - facility H orate facility. 1/20 units, with a minimum of five (5) spaces required for any all-ser vice - -. facility Office: One spacelthree hundred (300) s.f. net floor area Residential units: As required by this subsection 1 Page 2 of 2 n 77 L 11 I 5) Parking class five, being composed of all uses by right which are enumerated in the schedule hereinafter provided: An area equal to one-fourth ( 1/4) the gross floor area in all structures containing the use by right. 6) Parking class six, being composed of all uses right which are enumerated in the schedule hereinafter provided: There shall be a parking area equal to one -tenth the gross floor area in all structures containing the use by right; provided, however, that one (1) additional parking space shall be provided for each artist studio containing a dwelling unit. 7) Parking class seven, being composed of all uses by right which are enumerated in the schedule hereinafter provided: a. Each elementary or grade school or junior high school shall provide ten (10) off-street parking spaces plus one (1) off-street parking space for each classroom; b. Each senior high school shall provide one (1) off-street parking space for each teacher and employee plus one (1) off-street parking space for each six (6) students based on design capacity for such senior high school; C. Any school not an elementary or grade school, junior high school or senior high school shall provide an area equal to one-half ( 1/2) the gross floor area occupied by the use by right in a structure or structures. d. Senior centers located in a church or school in an R-2 district need provide no off-street parking area beyond that which is or was provided by the church or school. 8) Parking class eight, being composed of all uses by right which are enumerated in the schedule hereinafter provided: There shall be one (1) off-street parking space provided for each three hundred 300) square feet of gross floor area contained in any structure. 9) Parking class nine, being composed of all uses by right which are enumerated in the schedule hereinafter provided: There shall be Previous Doc Next Doc one (1) off-street parking space provided for each five hundred 500) square feet of gross floor area contained in any structure. http://livepublish.municode.com/3/1 pext.dil/Infobase8/1 /6812/836e/83ad?f=templates&fn=... 07/29/2003 rage i ui Search Advanced Search IDocument Previous Document Next Document Previous Document Match Next Document Match Contents 1 Where am I? Search Results Clear Search Options IFrames Printable Format Heip Sec. 59-586. Required off-street parking. At least the following amounts of off-street parking space shall be provided. All off-street parking spaces hereinafter required under this chapter shall be designed in accordance with the dimensions set out in chart no. 1, off-street parking, (following section 59-595). The following parking classes shall apply to all uses by right or authorized use exceptions. If for any reason the classification of any such use cannot be determined for the purpose of establishing the amount or number of off-street parking spaces to be provided, the parking class of such use shall be fixed by the zoning administrator. Upon compliance with the provisions of article IV (affordable housing), chapter 27 (housing), of the Denver Revised Municipal Code, a twenty (20) percent reduction in the total number of required parking spaces shall be granted. This shall be calculated by first calculating the number of parking spaces otherwise required, multiplying that figure by eight -tenths 8) and rounding up to the nearest whole number. 1) Parking class one, being composed of all uses by right which are enumerated in the schedule hereinafter provided: a. There shall be one and one-half (1 1/2) off-street parking spaces provided for each dwelling unit in a multiple unit dwelling; provided, however, that for a multiple unit dwelling located in a B-4, R-4-X or B-8-G district there shall be provided one (1) off-street parking space for each dwelling unit; and provided, further, that for a multiple unit dwelling whose occupancy is restricted entirely to individuals sixty (60) years or more of age, there shall be provided one (1) off-street parking space for each three (3) dwelling units. b. There shall be one (1) off-street parking space provided for each three (3) dwelling units and/or rental rooms in a residence for older adults. 2) Parking class two, being composed of all uses by right and authorized use exceptions which are enumerated in the schedule hereinafter provided: There shall be one (1) off-street parking space provided for each six hundred (600) square feet of gross floor area contained in any structure or structures containing any use by right; provided, however, that for each habitable unit in a motel there need be provided not more than one (1) off-street parking space. 3) Parking class three, being composed of all uses by which are enumerated in the schedule hereinafter provided: Parking shall be provided in an amount equal to one-fourth ( 1/4) of the area of the zone lot on which the use by right is located; provided, however, a community recreational facility or tennis club which restricts its membership to persons living in a specific geographical area shall provide at least ten (10) percent of the area of its zone lot for off- street parking; and provided further, however, an aquaculture facility shall provide one (1) off-street parking space for each employee on the largest shift. 4) Parking class four, being composed of all uses by right which are enumerated in the schedule hereinafter provided: There shall be one (1) off-street parking space provided for each two hundred 200) square feet of gross floor area contained in any structure containing a use by right. I http://]ivepublish.municode.com/3/lpext.dll/Infobase8/l/6812/836e/83ad?f—tempiates&fn=... 07/29/2003 L1 veruD l l sn Page 5 of 5 Previous Doc ; Next Doc TABLE INSET: Parking Angle Stall Type Stall Length Stall Width Vehicle Projection Aisle Typical Module Interlock Reduction Overhang A) 8) C) D) E) F) G) 0° SC 18.0 7.5' 7.9 10.0' 24.0' 2.9 30° SC 15.5' 7.5' 14.0' 11.0' 39.0' 1.8' 1.3' 45° ISC 15.5' 7.5' 15.2' 12.0 42.4' 1.5' 1.5' 60° ISC 15.5' 7.5' 16.3' 13.5' 4& V 1.3' 17 75° SC 15.5' 175 16.5' 17.3' 50.3' 0.8' 1.8' http://livepub] 1 sh. municode.com/3/]pext.dll/Infobase8/l /6812/836e/83ce?f=templates&fn=... 07/29/2003 i,ivcruviibu rage 4 of 5 I I I 13) Rooming and/or boarding house; 14) Vehicle, equipment sales, leasing, service, rental. i) Class nine: 1) Clinic, dental or medical; 2) Furniture furnishings, retail sale, large scale; 3) Office, non -dental, non -medical. CHART 1. OFF-STREET PARKING For other than 90-degree parking, the minimum aisle width for two-way traffic shall be twenty (20) feet. If a public alley is used as the aisle or access to adjoining parking spaces, the spaces or projection must be lengthened as necessary to provide a total alley or aisle width of twenty (20) feet for 0-degree through 75-degree angle parking and twenty-three 23 feet for 90-degree angle arkin . This requirement shall apply to all new uses an deve o except single unit dwellings and duplexes. Parking angles between 0 and 30 degrees or between 75 and 90 degrees are not allowed. Other angles between 30 and 75 degrees are allowed and the dimensions for those angles shall be determined through interpolation. Off -Street Parking Part A: Parking Lot Dimensions -Universal Sized Stall (8.5 feet x 17.5 feW) TABLE INSET: Parking Angle Stall Length Stall Width Projection Aisle Module Interlock Reduction Overhang Allowance A) B) C) D) E) F) G) 0° 22' 8.5' 8.5' 10.0' 27.0' 30° 17 5' 8.5' 15.0' 11.0' 41.0' 2.0' 1. 5' 45' 17 5' 8.5' 17.0' 13.0' 47.0' 2 0' 2 ^' 60° 17 5' 8.5' 18.0' 16.0' 52.0' 1 5' 2.0' 75' 17.5' 8.5' 18.5' 18.0' 55.0' 1.0' 2.5' 90. 17 5' 8.5' 17.5' 23.0' 58 0' 2.5' 7r.... _ .". :. . The dimensions from this chart shall be used only in controlled situations as approved by the zoning administrator. Such approval shall only be given where the owner/manager is able to: limit parking to employees or residents; determine which employee or resident, and what type of vehicle shall be allowed to park in specific parking spaces, and can enforce such restrictions. Small car stalls shall not exceed forty (40) percent of the total stalls provided. http://livepubI]sh.municode.com/3/lpext.dll/Infobase8/1/6812/836e/83ce?f=templates&fn=... 07/29/2003 rage .s or :) g) h) 1 1 17) Sports and/or entertainment facility; 18) Terminal freight, air courier services; 19) Terminal, public transportation, local; 20) Terminal and service facility for bus system; 21) Utility, major impact; 22) Utility, minor impact; 23) Vehicle storage, commercial; 24) Wholesale trade, light, of nontoxic, nonhazardous materials; (storage is class 6); 25) Wholesale trade, general, of toxic and/or hazardous materials; (storage is class 6). Class six: 1) Artist studio; 2) Contractors, special trade, heavy, contractor yard; 3) Storage of nantoxic;.:nonhazardous materials; 4) Storage of toxic and/or hazardous materials. Class seven: 1) School, vocational or professional; 2) School, elementary, secondary. Class eight: 1) Ambulance service; 2) Animal care, kennel cattery; 3) Animal sales, service, care, household pets only; 4) Auto gasoline filling station, emissions inspection; 5) Auto pawn lot, auctioneer for automobiles, large vehicles or heavy equipment; 6) Automobile, motorcycle, light truck sales, leasing, rental; 7) Automobile repair garage; 8) Bank and financial services; 9) Club or lodge; 10) Nursery, plant; 11) Police station; 12) Postal facility, neighborhood; I http://Iivepublish.municode.com/3/Ipext.dll/lnfobase8/l/6812/836e/83ce?frtemplates&fn=... 07/29/2003 Ll Y Vl uviauaa rage /_ or D 7) Eating place; 8) Food sales or market, large; 9) Food sales or market, small; 10) Garden supply store; 11) Home building materials and supplies, sales or rental; 12) Liquor store; 13) Mortuary; 14) Pawn shop; 15) Recreation services, indoor; 16) Retail, service, repair, consumer, large 17) Retail, service, repair, consumer, medium scale; 18) Retail, service, repair, consumer, small scale; 19) Retail, service, repair, consumer, special; 20) Theatre, indoor. e) Class five: 1) Assembly, without fabrication; 2) Communications service; 3) Contractors, special trade, general; 4) Fire station; 5) Food preparation and sales, commercial; 6) Junkyard; 7) Laboratory, research, development, technological service; 8) Manufacturing, fabrication, and assembly, custom; 9) Manufacturing, fabrication, and assembly, general; 10) Manufacturing, fabrication, and assembly heavy; 11) Manufacturing, fabrication, and assembly, light; 12) Printing service, publishing, business support; 13) Railroad facilities; 14) Recycling center, facility; 15) Recycling collection station; 16) Service, repair, commercial; http://livepublish.municode.com/3/lpext.dll/Infobase8/1/6812/836e/83ce?f=templates&fn=... 07/29/2003 Li V Gr U V l 1 Jl l' rage I of J Sec. 59-588. Off-street parking classes. Double asterisks following a use by right indicate special requirements contained in section 59-586. a) Class one: r i Search 1) Dwelling, multiple unit; Advanced Search 2) Older adults residence. b) Class two: Document 1) Bed and breakfast; Previous Document 2) Child care center; Next Document 3) Historic structures use exception; office, art gallery; Previous Document Match 4) Hospital (not animal); Next Document Match 5) Hotel; Library; Contents 6) Where am I? 7) Motel; 8) Museums, other special purpose cultural Search 9) Nursing home, hospice; Results 10) Residence for consuls or clergy, monastery, Clear Search convent, similar institution of religious training; 11) Studio, professional; Options 12) University or college. rFrames c) Class three: 1) Aquaculture facility; Printable Format 2) Church, religious institution; Help 3) Community or senior center or recreational facility; 4) Recreation services, outdoor. d) Class four: 1) Adult establishment; 2) Automobile wash, laundry and/or polishing shop; 3) Body art establishment; 4) Bookstore; 5) Brew Pub; 6) Conference center, meeting hall; http://livepublish.municode.com/3/lpext.dll/Infobase8/1/6812/836e/83ce?f=templates&fn=... 07/29/2003 TABLE 9-4 REQUIRED PARKING RATIOS Continued SCHOOLS (Public or Private) Facilities for Grades K to 8 Facilities for grades 9 to 12 Facilities far amdes above 12 SHOPPING CENTERS An integrated group of corrunermal establishments plamed, developed, owned or managed as a unit SPORTS CENTERS Health clubs offering a variety of floes acdvf ies Indoorfinng ranges Roller or ice skating facilities Tennis or racquetball f edities VETERINARIAN Faces providing health care for animals WAREHOUSE Facilities devoted to the storage of various materials Mri-warehouses or self -storage taawities r Lakewood Zoning Ordinance January 10, 2002 0.1 spaces/seat 0.25 spaces/seat 1.0 spaces/seat 4.0 spaces/1,000 s.f. of gross leasable floor area 4.0 spaces/1.000 s.f. of grass floor area 1.5 spaces/firing stall 4.0 spaces/1,000 s.f. of gross floor area 4.0 spaces/1,000 s.f. of gross floor 3.0 spaces/1,000 s.f. of gross floor 1.0 spaces/1,000 s.f. of gross floor area 0.35 spaces/1,000 s f. of gross floor area 9-16 J HOTEL/MOTEL WITH CONVENTION Places of Iovng providing sleeping AREA OR ANCILLARY SERVICES morns, restaurants, lartges, meeting 1 Z spaces/room rooms and barxpuet rooms HOTEL/MOTEL Places of lodging With ancillary 1.0 spaces/room facilities that will accorrvnodate small INDUSTRIAL LIGHT, PARK, A mix of facilities for light industrial, I 1.5 spaces/1,000 s.f. of gross floor MANUFACTURING OR research, service and warehouse area LABORATORY tedlities JUNK YARD STORAGE AND/OR Facilities for the sales building 4.0 spaces/1,000 s.f. of gross floor DISMANTLING OF VEHICLES OR area EQUIPMENT KENNEL Facilities for the keeping of animals indoors 2.0 spaces/1,000 s.f. of grass floor LANDFILL Facflitv for disposal of waste any 4.0 site MARKET (Convenience) Market fe lifm with high customer 7.0 spaces/1000 s.f. of gross floor area turnover, open 15 to 24 hours/day, short-term parking MARKET (Supermarket) Market fad for sales of a complete 5.0 spaces/1,000 s.f. of gross floor assortment of food and food area 1preparation rents MORTUARY Facilities for burial preparation and/or 4.0 spaces/1,000 s.f. of gross floor services area plus 0.3 seat NURSERIESIGREENHOUSE Facilities for the sale of fawn and 1.0 spaces/1,000 s.f. of display area garden supplies induding trees OFFICE General Facilities for general office work 4.0 spaces/1,000 s.f. of gross leasable floor area Government or Medical Facilities that house city, state, county 4.0 spaces/1,000 s.f. of gross floor or federal agencies or, faaca'ities that area provide diagnostic and out patient care Facility for mail distribution and pickup Past Office 6.0 spaces/1,000 s.f. of gross floor area I RESTAURANT (Fast food, family, high turnover) Eating establishments wM tumover rates of less than 1 hour 10.0 spaces/1,000 s_f_ of gross floor area RESTAURANT (Full service, low Eating establishments with turnover I 12.5 spaces/1,000 s.f. of gross floor turnover) rates over 1 hour area 10 Lakewood Zoning Ordinance 9-15 January 10, 2002 Staff Report SPECIAL REVIEW USE HEART od the VALLEY C 0 L R A D O January 6, 2004 Planning & Zoning Commission meeting Report date Project type Legal description Zoning Address Introduction December 31, 2003 Caretaker Unit Tract Y, Mountain Star PUD Subdivision Industrial Commercial Metcalf Road (None Assigned) The applicant is requesting Special Review Use ("SRU") approval for a caretaker unit on Traci Y, Mountain Star. The request is consistent with the I/C zone district and a caretaker unit is encouraged throughout the governing rules, regulations, and Comprehensive Plan for the; To xvi. Staff has detailed the concerns in the Staff Report dated January 6, 2004 with the Sket;h Ph: 'i application on Tract Y and therefore, cannot support this SRU application based upon the established criteria until the design issues are resolved. Criteria for Review According to section 17.48.040 of the Avon Municipal Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the zoning code. The caretaker unit does not comply with zoning, because the parking requirements for o;'ficce and self-storage/warehouse have not been satisfied. There are additional concerns regarding parking and loading. 2. Whether the proposed use is in conformance with the town comprehensive plan. Subarea 4: Metcalf Road Light Industrial District — "Encourage new development that minimizes significant regrading, and provides for proper on -site parking and circulation." This project fails to provide on -site parking for the intensity proposed and may create problems with circulation for adequate maneuvering associated with the amount of delivery and office space. Town of Avon Community Development (970) 949-4280 Fax (97'0) 949-5749 Tract Y, Mountain Star Subdivision, Caretaker Special Review Use January 6, 2004 Planning & Zoning Commission meeting Page 2 of 2 Policy E1.2 "Commercial, public and other uses that generate employment and customer traffic should be located on transit routes, and linked by pedestrian and bicycle paths to minimize the need for automobile travel." There is no access to transit, pedestrian or bicycle paths associated with this project. Tract Y is a commercial project, which relies solely on automobile travel on Metcalf Road. Goal E2 "Provide an adequate supply of automobile parking, both public and private, to serve the needs of the community." As detailed in the Staff Report, the parking for warehouse/self-storage and office space is not adequate to support the proposed intensity. The expert testimony (attached) may support a parking variance based upon the zoning criteria and recommend the applicant pursue this alternative assuming other site related issues could be resolved. 3. Whether t he p roposed use i s c ompatible iv ith adjacent it ses. S uch c ontpatibility may b e expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. The proposed project on Tract Y is not compatible, because of the drainage issues associated with the placement of a building within a major drainage area; parking requirements; overall density is too large for the site and requires extensive excavation and retaining walls to create such intensity; and may farther create traffic and pedestrian conflicts on -site and on Metcalf Road. Staff Recommendation Staff recommends denial of the Special Review Use application for a caretaker unit on Tract Y, Mountain Star Subdivision until the issues outlined in the Staff Report for the Sketch Plan application for Tract Y, Mountain Star Subdivision are resolved. Recommended Motion I make a motion to approve Resolution 04-05 denying a Special Review Use Permit for Tract Y, Mountain Star Subdivision for a caretaker unit. If you have any questions regarding this or any other project or community development issue, please call me at 748-4030, or stop by the Community Development Department. es ectfully submitted,,, lZ 0"", uth O. r-ne, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-05 A RESOLUTION DENYING A SPECIAL REVIEW USE PERMIT TO ESTABLISH A CARETAKER UNIT ON TRACT Y, MOUNTAIN STAR SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Victor Mark Donaldson, applicant for the Wildridge Business Park and Warehouse Facility, has applied for a special review use for a caretaker unit, as described in the application dated October 21, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby denies a Special Review Use for a caretaker unit, as described in the application dated October 1, 2003, as stipulated in Title 17, of the Avon Municipal Code for Tract Y, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use does not conform to the requirements as imposed by the Town Zoning Code, particularly with respect to Sections 17.24.020 for parking of self - storage warehouse and office space. 2. That the proposed use does not conform to the Town Comprehensive Plan, particularly with respect to Policy E1.2 and Goal E2 and Subarea 4: Metcalf Road Light Industrial District design recommendations. 3. The proposed use is not compatible with adjacent uses as planned. Adopted this 6th day ofJaniiafy, 2004 Signed: Date: Chris Evans, Chairman Attest: Date: Terry Smith, Secretary F:\Planning & Zoning Commission\Resolutions\2003\Res 03-07 L13 B1 BMBC SRU Fiasco.doc Staff Report SPECIAL REVIEW USE C 0 L 0 R A D 0 January 6, 2004 Planning & Zoning Commission meeting Report date Propect type Legal description Zoning Ad6ress Introduction December 26, 2003 Drive-tlu-u bank Lot 6, McGra-ay Acres Subdivision Neighborhood Commercial 86 Post Boulevard The: -pplicant. End nbugh Corporation, is requesting,a Special Rf. Use (SRU) Permit fc. the operv,tion oft. drivf;-thru bank ;.or Mesa I rnk located a; 86 Post Boulevard just north of Hil:+sway 6 and. located immediately adjacent to the Eagle River. Phis application was tabl.d at the previous meet ngs o all. w the applicant sufficierit ti-M- to submit a complcae apl-lication, frost notably for staff to review a traffic study. Lot (, McGrady Acres was annexed to the Town ;n 20(: i as part of other annexa.iions associated with the Village at Avon and was zoned as Neighbonccod Commercial (NC). Staff has determined than the bank is a permissible use finder the definition of Nrighborhoa Commercial (NC) zone district. The special review use is limited in scope to the three drive-thru lanes_ on Lot 6, McGradv Acres. There i- no accompanying design review with this application. The application is limited in scope to the special reviev use of the drive-thru lams for banking purposes. A letter prepared by Carol Kruger, an Eaglebend residr-it has been received and is attached hereto for your review. Criteria for Review According to section 17.48.040 of the Avon Municipal -Code, the Planning & Zoning Commission shall consider the following criteria when evaluating an application for a Special Review Use permit: 1. Whether the proposed use otherwise complies with all requirements imposed by the Town Zoning Code. As proposed, the traffic study prepared by LSC Transportation Consultants, Inc (LSC) demonstrates that the level of service for Mesa Bank's proposed drive-thru. The potential development on the adjoining lot (Lot 3, McGrady Acres) served by this same entrance is not currently defined. It is possible that future restrictions may be placed on turning movements on this entrance as Lot 3 develops. Town of Avon Community Development (970) 949-4280 Fax (970) 949-5749 Lot 6, McGrady Acres Subdivision, Special Review Use for Drive-thru bank January 6, 2004 Planning & Zoning Commission meeting Page 2 of 3 A site plan has been submitted to address the stacking requirements and circulation on site. The parking regulations require five (5) storage spaces for a teller window or drop station as set forth in Section, 17.24.020(2). These requirements are satisfied by the site plan. The overall concept of three (3) drive-thru lanes on Lot 6, McGrady Acres works well and does not create adverse traffic impacts off -site as established by the LSC traffic study. A concern does arise with the actual site plan submitted, because there are conflicts with on -site circulation and pedestrian movement. Staff is confident these issues can be overcome through the design review process and recommends limiting the special review use to compliance with those requirements. 2. Whether the proposed use is in conformance with the Town Comprehensive Plan. Although not specifically addressed in the Comprehensive plan, the application for a drive -dire, bank located on Lot 6, McGrady Acres does comply with certain elements of the Town's overall goals and policies. , Goal Al Ensure a balanced system of land uses that maintains and enhances Avon's3 identity as a residential community, and as regional commercial, tourism, and entertainment center. Currently, the Town of Avon does not have any full service drive-thru b,:.nk.mg facilities in Avon. As a commercial component, Mesa Bank drive-thru r- ffers balance to provide banking services for both the existing community as well as regionally. Policy A3.1 Development should first be directed to areas within and adjacent 0 established neighborhoods and developed areas. Eaglebend and Eagle -Vail subdivisions are firmly established neighborhoods v, ith commercial areas along Highway 6 and Post Boulevard: The drive-thru bank -aill fit in well with this goal and the existing environment. Policy F1.3 The river corridor will be protected as an important riparian habitat. Lot 6, McGrady Acres is located directly on the Eagle River. The application currently includes buffering areas and specific provisions will be required through design review. Urban Design Theme Providing for vehicular access and parking is an important aspect of urban design and planning for future development in Avon. Any planning of vehicular access and parking must take into consideration the safe and convenient movement of pedestrians from parking to building entrances. The site plan as submitted does contain conflicts with the movement of pedestrians from the parking area to the proposed building entrance. As the application moves through the design review process, the details of the building, parking lot, building entrances, and pedestrian access will require resolution. The vehicular access from Post Boulevard is adequate in width to accommodate three lanes, which is a recommendation of the traffic study. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 6, McGrady Acres Subdivision, Special Review Use for Drive-thru bank January 6, 2004 Planning & Zoning Commission meeting Page 3 of 3 3. Whether t he proposed use is compatible with adjacent uses. Such compatibility may b e expressed in appearance, architectural scale and features, site design and the control of any adverse impacts including noise, dust, odor, lighting, traffic, safety, etc. As aforementioned, the use is compatible with the site with regard to off -site traffic impact and the vehicular movements. All of the proposed and existing zoning for The Village at Avon as well as the surrounding neighborhood provide a suitable environment for a bank and auspicated drive-thru. However, there are concerns with the on -site circulation that must be resolved through the design review process. Additionally, there have been public comments regarding the lighting on -site, which must be further evaluated at design review. As a special review use, the drive-thru is compatible with the site and the neighborhood commercial zoning. Recommended Motion Staff recommen4 approval of the Special Review Use Permit as set forth in Resolution 04-02 for Lot 6, McGrady Acres Subdivision to allow the operation of three (3) drive-thru. bank lanes with the following conditions: l : A revised site and circulation plan will be required at design review which addresses all of the design criteria for vehicular, pedestrian, and parking as set forth by the Town; 2. Specific attention to the Eagle River and the impact on the adjacent neighborhoods will be required through the design review process; 3. A three-lane.inters.ection will be required at Post Boulevard and the access easement to Lot;6, McGrady Acres Subdivision. 4. Additional restrictions may be placed on the turning movements from the entrance to Lot 6, McGrady Acres Subdivision to accommodate effective tuning movements. 5. In the event Mesa Bank does not commence construction on or. before January 6, 2006, then this special review use shall expire. If you have any questions regarding this or any other project or community development issue, please call me at 748-4030, or stop by the Community Development Department. Respectfully submitted, Ruth Borne, Director Community Development Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-02 A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT TO OPERATE DRIVE-THRU BANKING FACILITIES LOCATED ON LOT 6, MCGRADY ACRES, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Endinburgh Corporation, has applied for a special review use permit to establish a drive-thru banking facility, as described in the application dated Octob,. r 31, 2003, as stipulated in Title 17, of the Avon Municipal Code; and WHEREAS, a public hearing has been held by the Planning & Zoning Commission csf the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present cc.rtain information and reports regarding the proposed Special Review Use permit application; and WHEREAS, the Planning & Zoning Commission of the Town of Avon has considers d the following: A. Whether the proposed use otherwise complies with all requirements imposed by the zoning code; and B. Whether the proposed use is in conformance with the town comprehensive plan; and C. Whether the proposed use is compatible with adjacent uses. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado, hereby approves a Special Review Use for three (3) drive- thru banking lanes, as stipulated in Title 17, of the Avon Municipal Code for Lot 6, McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado, based upon the following findings: 1. That the proposed use otherwise complies with all requirements imposed by the zoning code. 2. That the proposed use is in conformance with the Town Comprehensive Plan. 3. The proposed use is compatible with adjacent uses. Subject to the following conditions: 1. A revised site and circulation plan will be required at design review which addresses all of the design criteria for vehicular, pedestrian, and parking as set forth by the Town; 2. Specific attention to the Eagle River and the impact on the adjacent neighborhoods will be required through the design review process; 3. A three lane intersection will be required at Post Boulevard and the access easement to Lot 6, McGrady Acres Subdivision. 4. Future restrictions may be placed on the turning movements from the entrance to Lot 6, McGrady Acres Subdivision to accommodate future development. 5. In the event Mesa Bank does not commence construction on or before January 6, 2006, then this special review use shall expire. 6. Except as otherwise modified by this permit approval, all material representations made by the_applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 6" DAY OF JANUARY, 2004 Signed: Attest: Chairman Secretary Date: Date: From: Carol Krueger [mailto:ckrueger@weartray.com) Sent: Thursday, December 04, 2003 9:48 PM To: Larry Brooks; Ruth Borne; Norman Wood; cevans@evanschaffee.com; andrewkarow@alpinebank.com; buz@vail.net; ronn@vailresorts.com; btrueblood@erwsd.org Cc: Tamra Underwood (E-mail); Kristi (E-mail) Subject: Bank special use permit on McGrady Acres Dear P & Z and staff: I will be out of town when the special use permit comes before you for the drive through lanes at the bank. I gave you some of my thoughts at the last meeting when this matter was tabled. I still remain opposed to this use. I have seen the application and it certainly is an improvement over the initial concept plan. At issue of course is whether the bank should have the drive through lanes. This means a more intense use since much of the use of the drive through would be at night when th-e bank would otherwise be closed. The result is more noise, light and other impacts in an area which was originally zoned residential and 'Was contemplated by the original town council to stay that way in light -of the Village at Avon. Since the commercial zoning went through, we in the neighborhood just want to maintain as much of the residential integrity as possible. We have already had unexpected impacts on the value of our homes by the zoning change. Granting additional uses not currently allowed by zoning does not have the best interests of the residents in mind. I was told that a drive through had to have room for 5 cars to) stand in each lane. Should I be happy that there is only room for 12 cars now instead of 15? That is still a lot of idling. Perhaps if the drive through lanes were not on the side of the bank closer to the residential properties, I would not be opposed to this use. As it stands, I am against it. I still feel that the Town maintains that we got our cul de sac so we should happy with any use that goes in a few feet from our homes. Recall that this "compromise" was one devised by the Town so they could give something to everyone. That was not our choice as shown in original petition which opposed commercial zoning but also requested that the street not cut through to the new Village. So please keep 'us in mind when you consider this issue. You do not have to say yes. If you are in favor of the drive through for some reason, is it possible to reduce the number of lanes so as to reduce the burden of traffic at night when we are trying to sleep? Thank you for your time as always. Carol Krueger 5200 Eaglebend Drive Staff Report VARIANCE HEART of the iEY C O L O R A U) 0 January 6, 2004 Planning & Zoning Commission meeting Report date Variance type Legal description Zoning Address Introduction January 2, 2004 Parking Requirements Lot 20, Block 2, Benchmark at Beaver Creek Subdivision (Benchmark Plaza) Town Center 48 East Beaver Creek Blvd., Suite 101 & 202 Narayan's Thai" The applicant is requesting carry out and delivery lunch service seven days a week at their establishment, `Narayan's Thai.' Currently, Narayan's is a dinner -only establishment due to parking constraints. Similar to Narayan's request, Vista Restaurant received a variance on fpu-il 15, 2003 for the operation of lunch service in addition to their dinner service. Restaurants are'a use by right' in this zone district, however, available parking is short of the requirements to permit the fiill use of a second restaurant in this location. Staff has evaluated the available parking at the Benchmark Plaza (Boat) building and has found that there are a total of 73 parking spaces provided for this building. Including the demand for - parking caused by the requested variance, the Town parking regulations require 81 parking spaces. Since the Commission approved Vista's parking variance, no complaints have been received in Community Development relating to lunch restaurant use on the property. Variance Criteria According to the Section 17.36.040, the Avon Municipal Code, the Planning & Zoning Commission shall consider the following factors with respect to the requested variance: 1. The relationship of the requested variance to other existing or potential uses aind structures in the vicinity; 2. The degree to which relief from the strict or literal interpretation and enforcement axe' a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of this title without grant of special privilege; 3. The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities, and public safety; Town of Avon Community Development (970) 748-4030 Fax (970) 949-55749 Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Narayan's Thai Parking Variance January 6, 2004 Planning & Zoning Commission meeting Page 2 of 3 4. Such other factors and criteria as the Commission deems applicable to the proposed variance. Findings Required According to Section 17.36.050 of the Avon Municipal Code, the Planning & Zoning Commission shall make the following written findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; B. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties of improvements in the vicinity; C. That the variance is warranted for one or more of the following reasons: 1. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title; 2. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; 3. The strict or literal interpretation and enforcement of the specified regulation deprive the applicant of privileges enjoyed by the owners of other properties in the same district. Staff Comments Narayan's Thai space currently operates as a dinner -only establishment. The requested variance is intended to reduce the Town parking code requirements to allow delivery and pick-up lunch service from their location in the Benchmark Plaza building. At one time there was a restaurant operating where Narayan's Thai currently operates, and that restaurant served lunch and dinner while the Vista space was only allowed to serve dinner service. The Vista applied for and received a variance approval to operated seated lunch service on April 15, 2003. The variance was approved for an initial one-year review period, and will be reviewed this April for renewal. To date, staff has not received any complaints about parking since the approval of lunch service for the Vista. According to staff's calculations, there are approximately 73 existing spaces available for parking at Benchmark Plaza (5 new surface spaces were created with the recent streetscape improvements). The total' demand for parking, based on the zoning code, appears to be 81 spaces. Since 1992, improvements in pedestrian circulation in the Town Center have made it easier for lunch traffic to walk to establishments such as the Vista or Narayan's. While dinner -only service avoids obvious conflicts with the use of office space in this building, staff recommends approval for one-year lunch service (subject to renewal) to discern whether or not a parking conflict exists. This i s p recisely what was g ranted t o t he V ista o n A pril 15, 2 003 t hrough R esolution 0 3-09. However, Narayan's SRU request is specifically limited to delivery and pick-up only, with no seated lunch service. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Narayan's Thai Parking Variance January 6, 2004 Planning & Zoning Commission meeting Page 3 of 3 Recommended Motion Staff recommends approval of Resolution 04-01 to allow pick-up and delivery lunch service on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision with the following conditions: 1. The variance is for a one-year period, subject to review and renewal for a longer term by the Planning and Zoning Commission on January 6, 2005. 2. The variance is specifically granted for the Narayan's Thai restaurant only. Any changes to the lunch service (pick-up and delivery) or a change in ownership without specifically seeking a formal approval from the Town of Avon will cause the variance to be void. 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions, regarding this or any other project or community development issue, please call me at 748.4030, or stop by the Community Development Department. Respectfully submitted, Matt Pielsti Planning Technician Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 TOWN OF AVON PLANNING & ZONING COMMISSION RESOLUTION NO. 04-01 A RESOLUTION APPROVING A PARKING VARIANCE FOR NARAYAN'S THAI ON LOT 20, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, UNITS 101 & 202 BENCHMARK PLAZA, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, Sanjay Manandhar has applied for a parking variance in order to operate pick-up an delivery lunch seven days a week on Lot 20, Block 2, Benchmark at Beaver Creek Subdivision, Units 101 & 202 of Benchmark Plaza as described in the application dated December 8, 2003 as stipulated in Title 17, of the Avon Municipal Code; and HEREAS, a public hearing has been held by the Planning & Zoning Commission of the Town of Avon, pursuant to notices required by law, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the proposed Variance application; and HEREAS, the Planning & Zoning Commission of the Town of Avon has considered the following: A. The relationship of the requested variance to other existing or potential uses and structures in the vicinity; and B. The degree to which relief from the strict or literal interpretation and enforcements of a specified regulations is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity or to attain the objectives of this title without grant of special privilege; and C. The effect of the requested variance on light and air, distribution of population, transportation and traffic; facilities, public facilities and utilities, and public safety; and D. Such other factors and criteria as the Commission deems applicable to the proposed Variance. NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission of the Town of Avon, Colorado hereby approves a Variance for Narayan's Thai, Lot 20, Block 2, Benchmark at Beaver Creek, Units 101 & 202 of Benchmark Plaza as FAPlanning & Zoning Commission\Resolutions\2004\Res 04-01 L20 B2 BMBC Narayan's Thai Variance.doc described in the application dated December 8, 2003 as stipulated in Title 17, of the Avon Municipal Code; and based upon the following findings: 1. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district; and 2. That the granting of the Variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and 3. That the Variance is warranted for one or more of the following reasons; and a. The strict literal, interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title, b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the Variance that do not apply generally to other properties in that same zone. c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. This application is approved with the following conditions: 1. The variance is for a one-year period, subject to review and renewal for a longer tenn by the Planning and Zoning Commission on January 6, 2005. 2. The variance is specifically granted for the Narayan's Thai restaurant only. Any changes to the lunch service (pick-up and delivery) or a change in ownership- without specifically seeking a formal approval from the Town of Avon will cause the variance to be void. 3. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. ADOPTED THIS 6th DAY OF January 6, 2004 Signed: Date: Chris Evans, Chair Attest: Date: Terry Smith, Secretary FAPlanning & Zoning Commission\Resolutions\2004\Res 04-01 L.20 B2 BMBC Narayan's Thai Variance.doc Staff Report MASTER SIGN PROGRAM AVON C 0 L 0 R A D 0 January 6", 2004 Planning & Zoning Commission meeting Report date January 2nd, 2004 Sign type Master Sign Program Legal description Lot 229 Block 2, Benchmark at Beaver Creek Subdivision Zoning Planned Unit Development (PUD) Address 240 Chapel Place Introduction This is a summary of review criteria, staff comments and recommendations regarding the proposed Master Sign Program (MSP) for the Avon Center building. A MSP acts as a sign code for a project and allows the sign administrator to approve specific signs that are in compliance with the MSP without requiring subsequent approvals by the Planning and Zoning Commission The MSP under review allows all existing signs that conform to the current Chapel Square MSP to remain in place and be accepted as conforming to this new program. The program under review includes signage criteria for five (5) monument signs, twenty-three (23) tenant identification signs, fifteen (15) arcade signs, and up to thirteen (13) directional banners. This MSP was incomplete as originally submitted and further detail was requested by staff. an order to complete the review of this application, the Town required that a survey be provided for the proposed monument signs due to their placement at or near traffic intersections. In addition, further detail was requested for the banner signs. The Town never received this information„ and therefore staff is recommending denial of these two sign types (A and D). Following is a summary of the program: Monument Signs (Type A): Five freestanding monument signs are proposed with this application. These signs are internally illuminated signs supported by stone base. As proposed the signs stand anywhere from 8 to 16.5 feet, with the exception of the existting Outback sign which already stands over 25 feet tall. Materials proposed include: storne veneer, aluminum, and limestone caps. The survey that staff required for this type of sign was never received. Therefore staff is recommending denial of this sign type until further information is received in order to determine whether or not these signs will affect sign distance at the intersections and existing utility easements. Tenant Identification Signs (Type B): Included with this MSP application is twenty- three internally illuminated building identification signs. All tenant signs are the same Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 22, Block 2, Benchmark at Beaver Creek Subdivision, Master Sign Program January Oh, 2004 Planning & Zoning Commission meeting Page 2 of 4 size (20 sq. ft.) and material (1/4" thick aluminum). The building identification signs are similar to the existing oval signs used for Chapel Square tenants, however, these signs allow for more individuality in terms of color, lettering, and use of symbols_ All tenant signs are oval shaped and measure approximately twenty square feet in size 2'x10') similar to the ones the existing sign program permits. However, any future tenants will have the ability to have sign elements such as logos extend beyond the oval shape of the sign frame to allow for flexibility in design. These signs are hanging signs and would be centered within the archways of each tenant space. Attached to this report you will find four design possibilities for this type of sign. Arcade Signs (Type C): There is a design for fifteen arcade signs with this submittal. Each tenant will have the ability to hang a maximum of one arcade sign per tenant entrance. These signs "should" be two sided, and the maximum size of this sign type is 6 square feet (IVx48"). All signs are to be perpendicular to the tenant storefront and centered within the arcade. Similar to the tenant identification signs, the color, lettering, and numbers or symbols within the sign face may vary to meet the needs of each lessee. The color and finish of the hanging hardware are to be metallic bronze. All arcade signs are to be un- illuminated. Directional Banners (Type D): The directional banners are to be mounted to various existing Town light poles in Chapel Square. The purpose of these signs is to direct both foot and vehicular traffic to retail shops, restaurants, and parking. These signs will not display any tenant business names. Intended for year round use, these banners are the responsibility of the owner. As proposed, the owner would retain the right to change out the banners for special events and holiday seasons. Staff would like to reserve the right to review any proposed banners as they change throughout the year. In order for this type of sign to be affixed to the existing light poles, the light poles would require modifications for the attachment method. The light poles can only accommodate triangular shaped banners as they exist today and the dimensions and detail of these signs do not appear to match the existing light poles in place. Staff is recommending denial of this sign type until further detail is provided for the reasons mentioned above. Design Review Considerations According to the Town of Avon Sign Code, Section 15.28.070, the Planning & Zoning Commission shall consider the following items when reviewing proposed designs: 1. The suitability of the improvement, including materials with which the sign is to be constructed and the site upon it is to be located. Type A: All materials are consistent with the already approved sign program and appear to be appropriate for this site. It is unclear at this time whether or not these signs will interfere with the line of sight and traffic movements. For this reason staff is recommending denial of this sign design. Type B: The materials are consistent with the already approved sign program and appear to be appropriate for this site. The proposed location of these signs is logical and staff is recommending approval of this sign type. Town of Avon Community Development (970) 748-4030 Fax (970) 949-5749 Lots 22, Block 2, Benchmark at Beaver Creek Subdivision, Master Sign Program January 6 h, 2004 Planning & Zoning Commission meeting Page 3 of 4 Type C: The materials and location of the arcade signs is appropriate for this project. Type D: These signs are not supportable by staff until staff receives further informa-tion. The material of these proposed signs (Tyvek or similar) is of high quality and supported, however, clarification is needed for the attachment method of these signs and the dimensions of the existing light poles and the resulting ground clearance. 2. The nature of adjacent and neighboring improvements. The immediate area consists of retail, residential, regional and neighborhood commercial land uses. 3. The quality of the materials to be utilized in any proposed improvement. Type A: The stone, stucco, and aluminum boxes are supported by the sign code. Type B: The Tenant signs are constructed of aluminum with a bronze finish. Aluminum is supported in the sign code. Type C: The material of this sign type is not specified in the application. Given the; location of these arcade signs and their limited size (4' by IV), staff is comfortable supporting this sign type with the goal of giving individual businesses more flexibility in sign design. Type D: The banner signs are proposed with a "Tyvek or similar" sign material. 4. The visual impact of any proposed improvement, as viewed from any adjacent Ow neighboring property. Type A: The visual impact of the monument signs is not known at this time. Until a survey is provided and reviewed, staff is recommending denial of this sign type. Some of thes! signs may impair vehicle traffic. Type B: This sign should have a beneficial effect as viewed from any adjacent properties Type C: Since the arcade signs are contained under the arcades and are proposed with minimum ground clearance of 8'6" from the ground, this sign type should not be visible from adjacent properties. Type D: These signs will have a visual impact from neighboring properties. 5. The objective that no improvement will be so similar or dissimilar to other signs in the vicinity that values, monetary or aesthetic, will be impaired. Type A: Staff does not feel that monetary values will be impaired with this sign type. Type B: This sign type is similar to the already approved tenant signs for Chapel Square. No values should be impaired. Type C: It is staff s opinion that no values, monetary or aesthetic, will be impaired. Type D: There are no similar signs in the vicinity. Aesthetic values may be impaired with this sign type. 6. Whether the type, height, size, and/or quality of signs generally complies with the sign code, and are appropriate for the project. Town of Avon Community Development (970) 748-4030 Fax (9760) 949-57149 Lots 22, Block 2, Benchmark at Beaver Creek Subdivision, Master Sign Program January 6'', 2004 Planning & Zoning Commission meeting Page 4 of 4 Type A: This construction and quality of these signs is supported. However, the height and size of these signs may be an issue with their relation to intersections. Tie B: These signs appear to comply with the sign code in terms of type, height, size, and quality. All signs are appropriate for the project. Type C: The type and size of these signs is supported. The quality of these signs and the materials are not specified in the application. Staff will review any of these proposed signstoensurethattheywillbeofqualityconstruction. Tie D: This sign type is appropriate and may help to bring attention to Chapel Square. Unfortunately, further information and clarification is needed in order to determine whether or not the location and size of these signs will be appropriate. 7. Whether the sign is primarily oriented to vehicular or pedestrian traffic, and whether the sign is appropriate for the determined orientation. The signs are oriented to vehicular traffic, with the exception of the arcade signs. This orientation is appropriate. Staff Recommendation Staff recommends the following approvals of the Master Sign Program for Chapel Square PUDlocatedonLot22, Block 2, Benchmark at Beaver Creek Subdivision: 1. Sign Type A is not approved A stamped survey/site plan must be provided for all proposed Monument Signs; including property lines, easements, setbacks, footprint of all signs, footprints of buildings and improvements, and the location of public right-of-waysindicatedonthesiteplan. 2. Sign Type B and Sign Type C are approved. 3. Sign Type D is not approved. Additional information is required for the Directional signs. The elevations submitted are incorrect. Clearance for the proposed 80-inch banners cannot be accommodated on the current streetlights. In addition, the current light poles are not able to accommodate this type of banner without modifications. The attachment method and/or how this sign type will be installed must be clarified. Staff would like to reserve the right to review any proposed banners (Type D) as they changethroughouttheyear. This must be included in the narrative. 4. Except as otherwise modified by this permit approval, all material representations made by the applicant or applicant representative(s) in this application and in public hearing(s) shall be adhered to and considered binding conditions of approval. If you have any questions regarding this project or any planning matter, please call me at748.4413, or stop by the Community Development Department. Respectfully submitted, Matt Pielsticker Town of Avon Community Development (970) 748-4030 Fax (970) J49-5749 CHAPEL SQUARE SIGN PROGRAM — SIGN DESIGN CRITERIA GENERAL INTENT These criteria have been established with the intent of assuring visual harmony for the mutual benefit of all tenant leases. Conformance to these criteria will be enforced by the Lessor and any nonconforming or unapproved signs will be brought into conformance at the expense of the Lessee. Existing signs which conform to the previous sign guidelines will still be considered to be conforming signs and will be accepted by this amended sign program. The purpose of these amended criteria is to allow tenants to have individual identity in their exterior signage, something which is critical to the success of their retail and/or restaurant businesses. GENERAL REQUIREMENTS A The Lessee shall be responsible for the fulfillment of all signage requirements and specifications. B All permits for signs and their installation shall be obtained and paid for by the Lessee. C The Lessee shall submit to the Lessor for approval two (2) copies of a detailed shop drawing, to scale, of all proposed signage and/or graphics prior to fabrication and prior to making application to the Town of Avon for review. These drawings shall indicate size and style of lettering, installation details, colors and logo design. The Lessor shall retain one (1) copy of the approved drawing and return the other to the Lessee. D All signage shall be approved by the Lessor and all local governing authorities prior to fabrication. Lessee shall be responsible for any and all permits if necessary. E Logo decals, hours of business, credit cards, emergency telephone numbers, etc shall be limited to a total of 144 square inches (one square foot) per single door entrance. Handwritten signs will not be permitted; these signs must be professionally produced and installed. F Advertising devices such as attraction boards, posters, banners and flags are not permitted. G Flashing, animated, audible, revolving signs or signs which otherwise create the illusion of animation are not permitted. H Signs with exposed bulbs or light sources are not permitted. I The Lessee shall be responsible for the installation and maintenance of all signs as well as the operations of their sign contractor. 3 GENERAL SPECIFICATIONS A SIGN TYPE A: Monument Signs (by Lessor, not Lessee/Tenant) 1 See site map for proposed monument sign locations (Sign Type A). 2 Monument signs are internally illuminated and are provided and maintained by the Lessor. 3 Tenants will be allowed, on a space available basis, to have a sign placard identifying the Tenant included on a monument sign. Tenant to contact the Lessor to make such a request. RECEIVED G1G? 12/15/2003 15:16 970476? 5 ROBIN KEVIN DE BAN I PAGE 06/07 Dec.11. 2003 8:46PM ATLANTIS No.6460 P. 3 If space is available, Lessor will provide the Tenant with size parameters for the particular placard location that is available. Tenant shall submit to the Lessor two (2) copies of detailed drawings, to scale, of the proposed placard prior tofabricetinn. All tenant identification placards on monument signs to have a white sign face and a bold contrasting color for their logo/type. Refer to Sign Drawings S1, S2, S3, S4, S5 and S6 for details related to specific monument signs. B SIGN TYPE B: Tenant Identity Signs (by Lessee/Tenant) 1 Location of exterior signs must be centered within the archway of each location. 2 Identity signs will be made up of one cabinet (see enclosed drawings for shape). 3 A maximum of one (1) cabinet sign will be permitted per tenant entrance. 4 The size of the cabinet signs will be 2feat high and 10feet long (wide); see attached diagram. 5 Bottom of sign cabinet will be 8'-0" above the finished sidewalk. If any sign elements project beyond the elliptical boundary of the sign cabinet,thase elements will maintain a minimum clear distanr-e of 7'-6" above the finished sidewalk. Referto Diagram B attached. 6 Sign cabinets will be madefrom 1/8'thick aluminum. The color of the sign cabinetwill be metallic bronze to match existing sign cabinets. 7 The color of the sign face, individual letters, numbers or symbols within the sign face may varyto meet the individual needs and identity of the Lessee. Tenants are encouraged to develop a sign that clearly and creatively identifies their business— using bold and easily readable fonts /typefaces, eontresting colors, and logos or other graphic elements which visually describe their business and create an appealing sign to attract customers. 8 Identity Signs: Major Single Tenant— Identity Signs: Any future single -tenant occupying the previous WalMart space shall conform to Town size requirements (currently this refers to Gart Sports, of fice Depot and Pier 1 Imports), C SIGNTYPEC: Tenant Identity Signs —Arcade( Blade Signs (by Lessee/Tenant) Tenants with storefronts set back under arcades will be allowed a maximum of one (1) hanging arcade blade sign per tenant entrance. Blade signs should be 2-sided (readable from both directions). Maximum size of blade sign to be six (6) square feet. Dimensions of sign to be eighteen (18) inc;f7es high by forty-eight (48) inches widellong. Bottom of sign shall hang above the walkway at a c[Mr distance of 6'-6". Referto Diagram C attached. Blade signs shall be perpendicular to the tenant storefront and centered within the arcade width between the tenant storefront entrance and the arched colonnade of the arcade. The color of the sign face, individual letters, numbers or symbols within the sign face may vary to meet the individual needs and identity of the Lessee. Tenants are encouraged to develop a sign that uclearly and creatively identifies their business— using bold and easily readable fonts/typefaces, contrasting colors and logos or other graphic elements which visually describe their business and create am appoa€ing sign to attract customers walking along the arcade. The color/ finish of the hanging hardware to be metallic bronze. D SIGN TYPE D: Directional Signs (by Lessor, RotLessea/Tenant) Directional signs will be the responsibility of the Lessor and may be implemented asfabric baruners Tyvek or similar) mounted fin light posts. Referto Diagram D attached for directional banners.. Directional signs are intended to offer general direction to retail shops, restaurants and parking; these signs are not intended to be tenant ID signs and will not display any tenant names or logos. Lessor shall retain the rightto change outthe banners for special events and/or holiday seasoins:the banner designs submitted in this package are otherwise intended for permanent year-round display. 4 CONSTRUCTION REQUIREMENTS Sign Types A and B shall be internally illuminated. Sign Types C and O shall not be directly illuminated. Electrical service to all illuminated signs will be off the Lessee's electric meter. No exposed junction boxes, lamps,tubing transformers, raceways, neon or gas -filled tubes of anytype are permitted. All signs must be U.L. listed and bear the U.L. label. Installation must comply with all applicable building, electrical and sign codes. The Lessee's sign contractor must seal off and touch up all mounting holes and leave the premises free of debris after installation. The Lessor will be authorized to correct all such work at the expense of the Lessee. Lessee is responsible for the removal and repair of the premises to its original condition at Lessee's expense. If Lessee shall fail to the return the premises to its original condition, Lessor shall have the right to perform such work, and upon completion thereof, Lessee shall pay to Lessor as additional rent upon demand the cost of overhead attributable to the making of such repairs. CHAPELSQUARE INFORMATION / COMMUNICATION HIERARCHY IDENTIFICATIONAL Tenant ID Signs on Monument Signs EB U Identify key tenants in Chapel Square to draw people from outer areas, and help direct them as they approach ChSq) Identify key tenants in Chapel Square close to tenant facades, help direct people as they navigate Win ChSq) Identify tenants in arcade areas (of Chapel Square (blade signs at tenant storefronts in the arcades ) It, Direct people to key tenants and under- ground parking via monuments, banners on lightpoles, etc ... use arrows/'lights) CPO , 1 SPA[•E TEN ANT NAAIF VIIIARE FFEr Atilt P.t Clt, 4Ni:, A 111:. Vnr not 4.392 A 211 2 N r11111.r1. In IIIW uant 4,24-, H11 Idlp Li12 111 I: b 1 nill 1.4115 II1 I, 1: n`I he I h Hr, I.7111 lil1I, V.r-IIIt I IIH Fit I `I r`1r ..111 i III-- 1 l b.II.:r l .S.— hnIt— I All I,IY 10 I:r:irl IIn rL. I1,. ......... 1'i`HIy iC3III. IP."I.rrtl' it. j Into I'm 1 r[ —1 + 1 oah I.1111; i,il \--.Ilr.i Itn.lu_ I uh!i a._62 111 ua P4AP,xkl f . KEY Occupied Vacant _ n E C10D g c J; o 0 N t` Plan Sign Type Al B ELA5TOMEKIC PAINT ON STUCCO TO ALUMINUM CHAPEL h UNDER BUILDING AKCAO ON STOREFRON75 LIGHT BOX; SQUARE BRONZE FIN15H LOGO REMOVABLE BACKLIT 51G9NAGE; WHITE FACE WITH o LIME5TONE 8, 1„ COLOR TEXT CAP iv ALUMINUM LIGHT BOX; GAT BRONZE FINI H A6 " SPORTS r-- Office DEPOT to 0 5TONE TO TENANT TENANT ATCH EXISTING UILPINGS TENANT TENANT TENANT TENANT TENANT TENANT L _ a HD PIANO f TYPE HINGE w 01 I I I I I I o I r._ I------------------------ — I CONCKETEFOUNOATION I WALL AND TOOTER 10'-8 3/4 " 01 A Elevation Sign Type Al (one sided) Sheet No. Project No. 03.101.CSQ Issue Date: 11.10.03 Monument SignsOJEdwards, Revisions Chapel Square Main StIUnitW104A01v^' -I CCD 81632 v o s... 0r I CV N Plan Sign Type A2 B ALUMINUM CHAPEL LIGHT BOX; SQUARE BRONZE FIN15H LOGO STONE TO o ELASTOMEKIC PAINT ON STUCCO TO MATCH BUILD NG5 TING LIMESTONE UNDER BUILD NG ARC YELLOW ON STOREFRONTS CAP C Configuration Plan REMOVABLE BACKLIT SIGNAGE; WHITE FACE WITH COLOR TEXT ALUMINUM LIGHT BOX; BRONZE FIN15H I I I I I I o I CONCRETE FOUNDATION WALL AND FOOTEK L-I - - - - - - - - - - - - - - - - - - - - - - - - - 1 10'-8 3/4 " A Elevation Sign Type A2 (two sided) Sheet No. Project No. 03.101.CSQ Issue Date: 11.10.03 A/' II"/ Revisions Tvoc n'% Monument Signs Chapel Square 97 Main St. Unit W104 Edwards, CO 81632 5-2 1/2 " t Plan Sign Type A3 EI LIMESTONE ALUMINUM CHAPEL CAP — LIGHT BOX; SQUARE BRONZE FIN15H LOGO STONE TO ELASTOMERIC PAINT ON MATCH EXISTING STUCCO TO MATCH EXISTING YELLOWBUILDINGS UNDER bUILDING ARC5TOREFRADE 0 IT C Configuration Plan REMOVABLE BACKLIT 51GNAGE; WHITE FACE WITH COLOR TEXT AND DIRECTIONAL ARROWS ALUMINUM LIGHT BOX; BRONZE FINISH I CONCRETE FOUNDATION WALL AND FOOTEK I I I I A Elevation Sign Type A3 Sheet No. Project No. 03.101.CSQ Issue Date: 11.10.03 Monument Sign Revisions: Chapel Square 97 Main St. Unit W104 Edwards, CO 61632 R,'_d VA " 3D CUT LETTER5 PEGGED OUT FROM BACK EACH SIDE Plan Sign Type A4 B LIMESTONE ALUMINUM LIGHT BOX; CAP BRONZE FIN15H, STONE TO ARTWORK TO BE ELASTOMEKIC PAINT ON MATCH EXISTING PROVIDED BY DESIGNER ^ STUCCO TO MATCH EXISTING 6UILDING5 YELLOW ON STOREFRONTS Q- UNDER BUILDING ARCADE 0 SNOWFLAKE LOGO CARVED IN EIFS 12,./2 „ „_.` DIMEN510NAL LETTERS PINNED OUT FROM BACK; FONT TO 13E SPECIFIED DY DESIGNER; N ^ C L`\ v: i BRONZE FIN15H TO MATCH 245 EXISTING 51GN5 ni II. = CHAPEL PLACE j; ' CHAPEL SQUARE N I PROFESSIONAL BUILDING ZDNOTE: LIGHTING FOR DIMEN510NAL LETTERS TO BE PROVIDED IN LANDSCAPE AREA NEAR 13A5E OF 51GN R S:9„ I I I N CONCRETE FOUNDATION T WALL AND FOOTER I I I rI IA Elevation Sign Type A4 Sheet No. Project No. 03.101.CS0 Issue Date: 11.10.03 Adl Revisions: Monument Sign Chapel Square 97 Main St, Unit W104 Edwards, CO I$1632 C 12'-0" OUTBACK STEAKHOUSE V GART SPORTS E mice-DEF)0fi 71 Pier/4-Imports i d REMOVE EXISTING L...; EIF5 FROM STRUGTURE o I ji i I I I I I I I I I I LI I A Elevation of Freeway Sign Type A5 Sheet No. Project No. 03.101.CSQ Issue Date: 11.10.03 Revisions: Monument Sign Chapel Square EXISTING LIGHTBOX W1 TWO TENANT 51GN5 NEW LIGHT BOX W1 TWO TENANT 51GN5; BRONZE FRAME TO MATCH EXISTING; WHITE FACE W1 COLOR TEXF EIF5 WRAPPED LINTEL AND SIGN BASE; MATCH EXISTING EXISTING POCK FACED COLUMNS EXISTING FOOTING AND STEM WALL 97 Main St. Unit W104 Edwards, CO 81632 BRONZE FIN15H ON FRAME AND LIGHT BOX TO MATCH EXISTING 51GNAGE STONE VENEEK TO MATCH EXISTING BUILDINGS USE METAL TIES A5 REQUIRED --7 r— 4" GMU FASTEN FRAME OF CURVEK STRUCTURE AND LIGHT BOX TO CMU W1 3" EXPAN510N ANCHORS EVERY 2'-0" — 7 6" CMU 51GNAGE LIGHTDOX 2" TUBE METAL FRAME FOR CURVED STRUCTURE PROVIDE 1" L CK055 BRACING EVERY 2.'-0" 51GNAGE LIGHTDOX HD PIANO HINGE TO ACCE55 INTERIOR OF LIGHTI30X Detail @ C 7o- olumn A 1 Sheet No. Project No. 03.101.CSQ Issue Date: 11,10.03 A fp%i Revisions: Monument Sign Chapel Square 97 Main St. Unit VV104 Edwards, CO 81632 BOOKS MUSIC cc 10' -0" Elliptical sign cabinets to match existing sign cabinets: 2'-0" high by 10'-0" wide/long. Sign cabinets to be fabricated of 1/8" aluminum with metallic bronze finish. Sign assemblies to be UL rated and bear a UL label. Bottom of sign cabinet to hang at 8'-0" above the finished walkway. Any elements that extend beyond the elliptical boundary of the cabinet shall extend a maximum of 6" below the bottom of the sign cabinet (a minimum of 7'-6" above the finished walkway. See Section 3-B of the Tenant Sign Design Criteria for general specifications. Diagram B: SIGN TYPE B - TENANT IDENTITY SIGN - ELLIPTICAL bo 4' -0" 4811) The total area of an arcade / blade sign to be six (6) square feet per face. Arcade / blade signs should be 2-sided able to be read from either direction). Mounting hardware to be metallic bronze finish. Bottom of signs to hang a clear distance of 8'-6" above the finished walkway of the arcade and shall hang perpendicular to the tenant entry and centered in the arcade between the tenant storefront and the exterior arched colonnade. See Section 3-C of the Tenant Sign Design Criteria for general specifications. Diagram C: SIGN TYPE C - TENANT IDENTITY SIGN - ARCADE / BLADE E) Clli.,4ii+1 T.... * in cinnn - Cinn Ts, Q Retail Shops Restaurants Underground Parking Banner D1-A Retail Shops O Restaurants Underground Parking MIXU Banner D2-A Banner DI-B Banner D2-B Banner size: 32" wide x 80" tall Letter sizes: Upper case - 4" tall Lower case - 2-1/2" tall Font: ITC Off icina Sans Bold Colors: White Yellow - PMS 1225c Lt Purple - PMS 2726c Dk Purple - PMS 2735c PANMNE° 1225 C PANMNE° 2726 C PANTONE® 2735 C Sian Tvoe 0 - Directional Banners Restaurants 0 Underground Parking Where existing, horizontal metal bar to move up to be level and aligned w/lamp holder on opposite side of pole Letter heights: Upper Case - 4" high Lower Case - 2-1/2" high Banner size: 32" wide x 80" high T-T aff Sign Type D - Directional Banner on Light Pole Where existing, horizontal metal bar to move up to be level and aligned w/lamp holder an opposite side of pole as shown Letter heights: Upper Case - 4" thigh Lower Case - 2-1J2" high Banner size: 32" wide x 80" high 8'-3" aff Sign Type D - Directional Banner on Memo To: Planning & Zoning Commission VON C 0 L 0 R A D 0 From: Matt Pielsticker, Planning Technician L" Date January 2, 2004 Re: Proposed Lighting Ordinance Attached you will find examples of lighting ordinances that other municipalities have adopted. Please take the time to review these ordinances and any others you may find in order to get a general feel for how they are organized and exactly what they accomplish. You will find a broad range of detail in the attached samples. While most of these ordinances cater specifically to the municipality and can be quite detailed in that respect, there are similarities and universal themes that can be applied to any Town. When reviewing the ordinances, start to consider what the goal/purpose of our lighting ordinance should be. At the next scheduled meeting, there will be the first public hearing of a series for our new lighting ordinance. This meeting is intended as a time to discuss what other municipalities have done and the strength and weaknesses of the attached samples. The next meeting will act as an open discussion, however, the public is invited to work with staff and the Commission in formulating an "Intent and Purpose" and possibly an Applicability" section for our new code. Attached: A. Town of Eagle Lighting Standards (4.7.005) B. Aspen Outdoor Lighting Code (26.575.150) C. City of Boulder Revised Lighting Code (Ordinance No. 7297) D. Arapahoe County Lighting Standards (1 - 4700) E. Douglas County Lighting Standards (Section 30) F. Revised Flagstaff Arizona Outdoor Lighting Ordinance (10.08.002) Memo to Planning & Zoning — January 6, 2004 Page 1 of 1 4.07.005 LIGHTING STANDARDS A. Objectives The objectives of this Section are as follows: Provide quality, context -sensitive lighting for the Town of Eagle mountain environment; and 2. Sustain a pristine nighttime sky by controlling glare, light trespass and light pollution; and To provide for zero tolerance of light pollution and light trespass beyond property lines within and into residential areas; and 4. To minimize light pollution and light trespass beyond property lines within and into commercial and industrial areas; and To require proper shielding to eliminate glare at normal viewing angles from all high brightness sources; and 6. In facade, sign and retail applications, use lighting to create visual hierarchy, which facilitates circulation and way finding. B. Applicability Except as provided herein, the provisions of this Section shall apply to all subdivisions, planned unit developments, development permits, sign permits, and building permits finally approved on or after the effective date of this Section. 2. All lighting fixtures, devices, equipment, lamp sources and wattage, fixture locations, and shielding installed after the effective date of this Section shall comply with the requirements and standards of this Section. All lighting fixtures, devices, equipment, lamp sources and wattage, fixture locations, and shielding presently in use and existing as of the effective date of this Section, and not in conformance with the requirements and standards of this Section, shall be considered a legal non -conforming use and may continue in existence subject to the provisions of the following subsection. C. Abatement of Legal Non -Conforming All lighting fixtures, devices, equipment, lamp sources and wattage, fixture locations and shielding not in conformance with the requirements and standards of this Section, and existing and in use as of the effective date of this Section, shall be subject to the following, notwithstanding any other provision of this Title to the contrary: 4.07.005 A legal non -conforming lighting use shall not be changed to any other use except a lighting use conforming with the requirements and standards of this Section. Whenever a legal non -conforming lighting uses has been discontinued for a continuous period of one (1) year or longer, all lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding shall be in conformance with the requirements of this Section. All lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding presently existing and in use as of the effective date of this Section, and not in conformance with the requirements and standards of this Section, shall be brought into conformance with such requirements and standards no later than January 1, 2007. 4. The Board of Trustees, in its sole discretion, may institute a mandatory program for the elimination of legal non -conforming lighting fixtures, devices, equipment, lamp sources and wattage, as well as fixture locations and shielding, prior to the date set forth above by providing payments to property owners in accordance with adopted amortization schedules for the conversion of legal non -conforming lighting to lighting conforming with the requirements and standards of this Section. D. Submittal Requirements A lighting plan shall accompany all applications for development and preliminary subdivision plans and shall be submitted separately from other drawing information. The lighting plans and/or specifications shall show: the type of lighting equipment, the lamp source and wattage, fixture locations, mounting heights, shielding and all mounting details. Manufacturer catalog and/or specification materials with scaled drawings or photographs are also required for all lighting equipment. In addition, calculations shall be provided which show point -by -point horizontal illuminance at ground level for all commercial or industrial projects. Calculations for other project types shall be provided at the Town of Eagle's request. E. Prohibitions 1. All mercury vapor sources are outdated and are therefore prohibited. Existing fixtures should be modified to accommodate more current technologies such as metal halide or fluorescent lamp sources. 2. Any search light or laser light used for the purpose of advertising, or as a beacon, is prohibited. 3. Blinking, tracing, or flashing lights are prohibited. 4. High Intensity Discharge (HID) floodlighting is prohibited. 4.07.005 5. Fixtures with high brightness lamps and poor visual cutoff are prohibited. 6. Bollards or low -mounted luminaries (less than 12 feet above ground) are not to exceed 35 watts. 7. Exterior neon sources such that the source can be directly viewed are prohibited. Backlighted applications may be acceptable, and must conform to the same restrictions as cabinet signs. F. Exemptions 1. All lighting used for the purpose of aviation is exempted. 2. All temporary lighting used to identify hazards or roadway construction operating less than four months) is exempted. 3. All traffic signal lighting is exempted. 4. Low voltage, ornamental landscape lighting which meets Yard Lighting and Lamp Shielding requirements is allowed. 5. Low -brightness, seasonal holiday lighting is allowed. Note that the National Electric Code (Section 305-3) allows for temporary lighting installations for up to 90 days. 6. High intensity discharge floodlighting may be used for sports lighting applications (see Lamp Shielding Chart for restrictions). 7. Lighting for the purpose of security must meet the criteria of each application category but may be exempted from specific control requirements. G. GLOSSARY Cutoff Angle (of fixture) - The angle measured upward from the vertical at which the bare source is completely blocked from view. Discomfort Glare - Glare producing discomfort. It does not necessarily interfere with visual performance or visibility. Footcandle - The basic unit of illuminance (the amount of light falling on a surface). Full -Cutoff Fixture - A fixture that allows no emission of light above horizontal. Full Shielding - Refers to internal and/or external shields and louvers provided to prevent brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. 1,.,. +r A Al L'KIRIIIR Glare - The sensation of annoyance, discomfort, or loss in visual performance and visibility due to bright or uncontrolled light sources. IESNA - Illuminating Engineering Society of North America, an organization that establishes standards for the lighting industry. Illuminance - A measure of the amount of light incident on a surface, expressed in footcandles. Light Trespass - Any form of artificial illumination emanating from a light fixture or illuminated sign that penetrates another property. Luminance - The apparent brightness of a light fixture or lamp as viewed from a specific direction. The luminance of a fixture can vary as the viewing angle varies. Motion Sensor Device - A device that will sense motion electronically and switch on security lighting for a brief duration. Non -Cutoff Fixture - A fixture that includes no optics to prevent light emission above horizontal. Nuisance Glare - Glare that causes complaints. Semi -Cutoff Fixture - A fixture that emits some light above horizontal, but less than a non -cutoff fixture. Timing Device - A switching device, a part of which is a clock, set to the prevailing time, that will control the period of operation for outdoor lighting fixtures and signs. r11,. +., n 07 K11911F LAMP SHIELDING AND SPECIAL APPLICATION CHARTS Lamp Shielding Chart Refer to this chart for shielding instructions for all exterior lighting applications. Lamp Wattage Incandescent Fluorescent H.I.D. Less than 35 None None N/A 36-75 None None Low 76-100 Low Low Medium 101-150 Medium Medium Medium 151-250 Medium 251-500 Full 501-1000 Full 1001+ Full Legend: None No Shielding (IESNA non -cutoff) Low Low Shielding (IESNA semi-cutof Medium Medium Shielding (IESNA full -cutoff) Full Full Shielding (lamp shielded from view outside of property) Full Prohibited (see "Exemptions") 1. Requires a semi -cutoff fixture that emits sunlight above horizontal, but less than a non -cutoff fixture. * 2. Requires a full cutoff fixture that allows no emission of light above horizontal. 3. Requires a fixture containing internal and/or external shields and louvers to provide brightness from lamps, reflectors, refractors and lenses from causing glare at normal viewing angles. Commercial Light Level Criteria Maximum initial illuminance values in these areas must not exceed the range specified by the table. Values are taken from the IESNA's recommended illuminance values. Lower wattages and mountinR hei hts be implemented wheneverpossible. Area/Criteria Fast Food / Gas Station / Automotive General Walkways & Convenience Hotel Canopy Outdoor Retail Commercial Parkways Maximum Initial 1.5 — 3.0 20 - 30 20 - 30 1.5 — 3.0 0.2 — 1.0 Horizontal Illuminance fc) Value at Ground Level Note: Lighting for Residential and Industrial areas is covered under specific application categories in the ordinance. h,...r. A n-7 4.07.005 PARKING AREA LIGHTING Maximum Parking Area Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Wattages Height Residential Lighting Parking Lots are prohibited in Rural or Standard Residential areas. Compact fluorescent - 42 W max. Residential Multi -Family H.I.D. - 70 W max. 15 feet Incandescent - 100 W max. Lights on dusk to dawn. Compact fluorescent - 42 W max. Residential Medium H.I.D. - 70 W max. 15 feet Density Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Lights on dusk to Public Area H.I.D. - 175 W max. dawn. 15 feet Compact fluorescent - (2)42 W max. Commercial Limited H.I.D. - 175 W max. Lights on until one hour after closing or 25 feet Compact fluorescent - (2)42 W max. Commercial General H.I.D. - 175 W max. servicing. 25 feet Compact fluorescent - (2)42 W max. Central Business District H.I.D. - 100 W max. 30 feet Compact fluorescent - (2)42 W max. Lights on until one Industrial H.I.D. - 175 W max. I hour after closing 30 feet Notes: Dusk -to -dawn operation is allowed for 24-hour business operations. Mounting height may be increased for medium and fully shielded fixtures upon the Town of Eagle's approval. The following table lists recommended minimum maintained average illuminance values and maximum acceptable uniformity ratios. General Parking & Pedestrian Areas Non -pedestrian Driveways Parking Lot Activity Level Vehicle Entries & Exits Footcandles Uniformity Ratio Footcandles Uniformity Ratio Av .:Min.) Av .:Min.) High: Large shopping Malls 0.9 4:1 2 3:1 High -volume fast food Medium: Smaller shopping centers Office complexes Hotels & motels 0.6 4:1 1 3:1 Hospitals Community events Condominiums Fast food Low: (for security lighting) Neighborhood markets 0.2 4:1 0.5 4:1 Industrial facilities School or churches 4.07.005 YARD LIGHTING Yard Lighting Acceptable Lamp Types & Maximum Controls Maximum Allowable Wattages Mounting Height Residential Compact fluorescent - 32 W max. Incandescent - 75 W max. Lights on dusk 20 feet Compact fluorescent - 32 W max. Residential Multi -Family Incandescent - 75 W max. to 11:00 PM. 15 feet Compact fluorescent - 32 W max. Residential Medium Density Incandescent - 75 W max. 15 feet Compact fluorescent - (2)42 W max. Lights on dusk Public Area Metal halide - 70 W max. to dawn. 25 feet Compact fluorescent - (2)42 W max. Commercial Limited Metal halide - 70 W max. Lights on until one hour after 25 feet Compact fluorescent - (2)42 W max. Commercial General Metal halide - 70 W max. closing or servicing. 20 feet Compact fluorescent - (2)42 W max. Central Business District Metal halide - 100 W max. 25 feet Industrial Compact fluorescent - (2)42 W max. 50ig,hts on dusk H.I.D. - 175 W max. 1:00 PM. 30 feet Notes: The use of motion detectors and timers is encouraged to control specific fixtures for security and egress applications. The use of porch lights and egress lighting is encouraged. Dusk -to -dawn operation is allowed for these applications. Note that these fixtures must still meet the intent of the Lamp Shielding Chart. 4.07.005 FACADE LIGHTING Maximum Fagade Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Wattages Height Residential Fa ade Lighting is prohibited in Rural or Standard Residential areas. Residential Multi -Family Fa ade Lighting is prohibited in Residential Multi -Family areas. Residential Medium Density Fagade Lighting is prohibited in Residential Medium Density areas. Compact fluorescent - 42 W max. Lights on Public Area Linear fluorescent - 32 W max. dusk to H.I.D. - 70 W max. dawn Incandescent - 100 W max. Compact fluorescent - 42 W max. Commercial Limited Linear fluorescent - 32 W max. Lights on See H.I.D. - 70 W max. until one below Incandescent - 100 W max. hour after closing orCompactfluorescent - 42 W max. Commercial General Linear fluorescent - 32 W max. servicing H.I.D. - 70 W max. Compact fluorescent - 42 W max. Central Business District Linear fluorescent - 32 W max. H.I.D. - 70 W max. Industrial Fagade Lighting is prohibited in Industrial areas Notes (Mounting of Fagade Lighting): In all facade lighting, the source will be fully shielded from pedestrians and motorists. Sources should not be visible from inside the lighted building or from surrounding buildings. Uplighting must be shielded and/or fall completely on the facade. Downlighting of facade elements is preferred. 1 1 !''1,., t- n Al 4.07.005 SIGN LIGHTING Maximum Sign Lighting Acceptable Lamp Types & Maximum Controls Mounting Allowable Wattages Height Residential Sign Lighting is prohibited in Rural or Standard Residential areas Residential Multi -Family Sign Lighting is prohibited in Residential Multi -Family areas Residential Medium Density Sign Lighting is prohibited in Residential Medium Densityareas Public Area Compact fluorescent - (2)42 W max. Sign lights on Linear fluorescent - (2)32 W max. dusk to dawn Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Commercial Limited Linear fluorescent - (2)32 W max. H.I.D. - 70 W max. Incandescent - 150 W max. Sign lights on See notes belowCompactfluorescent - (2)42 W max. Commercial General Linear fluorescent - (2)32 W max. until one hour H.I.D. - 70 W max. after closing Incandescent - 150 W max. Compact fluorescent - (2)42 W max. Central Business District* Linear fluorescent - (2)32 W max. Incandescent - 100 W max. Compact fluorescent - (2)42 W max. Sign lights Industrial Linear fluorescent - (2)32 W max. on until H.I.D. - 70 W max. one hour Incandescent - 150 W max. I after closing Cabinet signs are prohibited in Central Business Districts. General Notes: The word "sign" refers to any objet attached to or apart from a structure intended to convey advertising, image, or identification. Note that the National Electric Code (Section 305-3) allows for temporary lighting installations for up to 90 days. Each proprietor is limited to one illuminated sign per establishment. In all sign lighting, the source will be fully shielded from pedestrians and motorists. Sources should not be visible from inside the associated building or from surrounding buildings. Externally Lighted Signs: Downlighting of signs is preferred. Uplighting must be shielded and/or fall completely on the sign. Internally Lighted Signs: Cabinet signs, or signs with interior lighting, are to have fluorescent lamps and will not exceed 130 watts. The use of sources other than fluorescent for cabinet signs is subject to the approval of the Town of Eagle. 1 7 ('1,., +- n 0-7 4.07.005 ROADWAY LIGHTING Roadway Lighting Allowable Lamp Types & Maximum Maximum Allowable Wattages Controls Mounting Height Residential* Compact fluorescent - (2)42 W max. H.I.D. 100 W max. 20 feet Residential Multi -Family* Compact fluorescent - 42 W max. H.I.D. 100 W max. Lights on 20 feet Residential Medium Density* Compact fluorescent - (2)42 W max. H.I.D. 100 W max. dusk to dawn 20 feet Public Area Compact fluorescent - (2)42 W max. H.I.D. 175 W max. 25 feet Compact fluorescent - (2)42 W max. Commercial Limited** H.I.D. 175 W max. 30 feet Compact fluorescent - (2)42 W max. Commercial General** H.I.D. 175 W max. 30 feet Compact fluorescent - (3)42 W max. Central Business District** H.I.D. 175 W max. 30 feet Compact fluorescent - (3)42 W max. Industrial H.I.D. 175 W max. 30 feet House -side shields should be used in all residential areas (to prevent roadway lighting from trespassing onto residential property). Mounting height may be extended to 40 feet for special cases such as large commercial developments only upon the Town of Eagle's approval. Amended 1/13/00 112 ('T—+or n Al Section 26.575.150 Outdoor L= 'sting. Cn tPage 1 of 7 Ch_ apte_r26-.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Section 26.575.150 Outdoor Lighting. A. Intent and Purpose. The City of Aspen has experienced a significant increase in the use of exterior illumination. City residents' value small town character and the qualities associated with this character, including the ability to view the stars against a dark sky. They recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, limits their ability to enjoy the nighttime sky, and results in unnecessary use of electric power. It is also recognized that some exterior lighting is appropriate and necessary. This Section is intended to help maintain the health, safety, and welfare of the residents of Aspen through regulation of exterior lighting in order to: a. promote safety and security; b. help preserve the small town character; c. eliminate the escalation of nighttime light pollution; d. reduce glaring and offensive light sources; e. provide clear guidance to builders and developers; f. encourage the use of improved technologies for lighting; g. conserve energy; and, h. prevent inappropriate and poorly designed or installed outdoor lighting. B. Applicability. The lighting standards of this Section shall be applicable to all outdoor lighting within the City of Aspen. Existing outdoor lighting shall be considered legal non -conforming lighting for one year from the adoption date of this ordinance. C. Definitions. a) Fully Shielded Light: light fixtures shielded or constructed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. The fixture must also be properly installed to effectively down direct light in order to conform with the definition. b) Foot-candles: a unit of illumination of a surface that is equal to one lumen per square foot. For the purposes of these regulations, foot-candles shall be measured at a height of 3 ft. above finished grade. c) Fixture Height: height of the fixture shall be the vertical distance from the ground directly below the centerline of the fixture to the lowest direct light emitting part of the fixture. d) High Intensity Discharge Light Source (HID): Light sources characterized by an arc tube or discharge capsule that produces light, with typical sources being metal halide, high pressure sodium, and other similar types which are developed in accordance with accepted industry standards. e) Point Light Source: the exact place from which illumination is produced (i.e., a light bulb filament or discharge capsule). http:// www.bpcnetcom/c /aspen/_ ATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor L; ',ting. Page 2 of 7 f) Light Trespass: the shining of light produced by a light fixture beyond the boundaries of the property on which it is located. D. Lighting Plans. a) An outdoor lighting plan shall be submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, special review application, and building permit application for a commercial or multi -family building. Such lighting plans shall be subject to establishment and approval through the applicable review processes. Said lighting plan shall show the following: 1) The location and height above grade of light fixtures; 2) The type (such as incandescent, halogen, high pressure sodium) and luminous intensity of each light source; 3) The type of fixture (such as floodlight, full -cutoff, lantern, coach light); 4) Estimates for site illumination resulting from the lighting, as measured in foot-candles, should include minimum, maximum and average illumination. Comparable examples already in the community that demonstrate technique, specification, and/or light level should be provided if available to expedite the review process; and 5) Other information deemed necessary by the Community Development Director to document compliance with the provisions of this Article. b) Single family and duplex building shall be in compliance with the standards of Section 26.575.090. E. Non -Residential Lighting Standards. The following lighting standards shall be applicable to all non-residential properties including mixed uses: a) Outdoor lighting used to illuminate parking spaces, driveways, maneuvering areas, or buildings shall conform to the definition for "fully shielded light fixtures" and be designed, arranged and screened so that the point light source shall not be visible from adjoining lots or streets. No portion of the bulb or direct lamp image may be visible beyond a distance equal to or greater than twice the mounting height of the fixture. For example, for a fixture with a mounting height of twelve (12) feet, no portion of the bulb or direct lamp image may be visible from twenty- four (24) feet away in any direction. The light level shall not exceed 10 foot-candles as measured three feet above finished grade. Exemptions may be requested for areas with high commercial, pedestrian, or vehicular activity up to a maximum of 20 foot-candles. b) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: Fully shielded with a non-adjustable mounting; or Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or Building mounted lighting directed back at a sign or building fagade; or Lighting on above grade decks or balconies which shall be fully shielded. c) All light sources which are not fully shielded shall use other than a clear lens material as the primary lens material to enclose the light bulb so as to minimize glare from that point light source. Exceptions m ay be a Ilowed w here t here i s a d emonstrated b enefit f or t he community http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor I -* -siting. Page 3 of 7 determined through the exemption process listed in this section. d) High Intensity Discharge (HID) light sources are allowed with a maximum wattage of 175 high pressure sodium (HPS) and 175 watt metal halide (coated lamp — 3,000 degrees Kelvin). Standards for other HID light sources may be established by the City for new technology consistent with the above restrictions. e) Spacing for security and parking lot light fixtures that are pole mounted shall be no less than 75 ft. apart. Decorative fixtures (which are also fully shielded) are allowed to maintain a 50 ft. fixture spacing. Wall mounted fixture spacing for security lighting shall be no less than 50 ft. measured horizontally. Decorative fixtures directed back toward a building face shall be exempt from this spacing requirement when shielded and shall not exceed 50 watts. Decorative fixtures that are not shielded shall maintain a minimum spacing of 25 ft. and shall not exceed 50 watts. Where security lighting is a combination of pole and wall mounted fixtures, minimum spacing shall be 75 ft. and a maximum of 150 ft. f) Pole mounted fixtures shall be limited to two light sources per pole. g) Mixed use areas that include residential occupancies shall comply with the residential standards on those floors or areas that are more than 50% residential based on square footage of uses. h) Up -lighting is only permitted if the light distribution from the fixture is effectively contained by an overhanging architectural or landscaping element. Such elements may include awnings, dense shrubs, or year-round tree canopies, which can functionally contain or limit illumination of the sky. In these cases the fixture spacing is limited to one fixture per 150 sq. ft. of area (as measured in a horizontal plane) and a total lamp wattage within a fixture of 35 watts. i) Up -lighting of flags is permitted with a limit of two fixtures per flag pole with a maximum of 150 watts each. The fixtures must be shielded such that the point source is not visible outside of a 15-ft. radius. Q) Outdoor vending, such as gas stations, require approval for lighting. Lighting shall not exceed a maximum of 20 candles under the canopy. F. Residential Lighting Standards. The following lighting standards shall be applicable to residential properties: a.) Outdoor lighting shall be 12 ft. or less in height unless it meets one or more of the following criteria: Fully shielded with a non-adjustable mounting; or Lighting for parking and vehicle circulation areas in which case heights up to a maximum of 20 ft. may be allowed; or Building mounted lighting directed back at a sign or building facade; or Lighting on above grade decks or balconies which shall be fully shielded. b.) Outdoor lighting with HID light s ources in excess of 35 w atts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed 50 watts. c.) All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source. d) Landscape lighting is limited to 35 watts per fixture per 150 sq. ft. of landscaped area (as measured in a horizontal plane). http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor I `-'sting. Page 4 of 7 e) Security lights shall be restricted as follows: 1. The point light source shall not be visible from adjoining lots or streets. 2. Flood lights must be controlled by a switch or preferably a motion sensor activated only by motion within owners property. 3. Timer controlled flood lights shall be prohibited. 4. Photo -cell lights shall be allowed under the following circumstances: a) At primary points of entrance (e.g. front entries) or in critical common areas for commercial and multi -family properties; b) b) where the light sources are fully -shielded by opaque material (i.e. the fixture illuminates the area but is not itself visibly bright); and c) c) the light source or fluorescent (or compact fluorescent) to eliminate excess electricity consumption. 5. Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to .1 of a foot candle as measured at the property line. 6. Light intensity shall not exceed 10 foot-candles measured 3 ft. above finished grade. 7. No light fixture shall be greater than 12 feet in height. Exceptions are: a.) Tree mounted fully shielded, downward directed lights using a light of 25 watts or less, and b.) Building mounted flood lights fully shielded, downward directed lights using a light of 50 watts or less. f) Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner' s property lines. g) Light trespass at property lines should not exceed .1 of a foot-candle as measured at the brightest point. G. Street Lighting Standards. All new lighting illuminating public right-of-ways and easements or private streets shall conform with the following standards: a) Street Light fixtures shall be approved jointly by the Community Development and Electric Department Directors and shall comply with the guidelines of this ordinance. H. Exemptions. The following types of lighting installations shall be exempt from the provisions, requirements, and review standards of this Section, including those requirements pertaining to Zoning Officer review. 1. Holiday Lighting. Winter holiday lighting which is temporary in nature and which is illuminated only between and including November 15 and March 1 shall be exempt from the provisions of this Section, provided that such lighting does not create dangerous glare on adjacent streets or properties, is maintained in an attractive condition, and does not constitute a fire hazard. 2. Municipal Lighting. Municipal lighting installed for the benefit of public health, safety, and welfare including but not limited to traffic control devices, existing street lights, and construction lighting. Any city projects built after November 22, 1999 shall comply with this ordinance. 3. Temporary Lighting. Any person may submit a written request to the http://www.bpenct.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor L : 'sting. Page 5 of 7 Community Development Director for a temporary exemption request. If approved, the exemption shall be valid for not more than fourteen (14) days from the date of issuance of a written and signed statement of approval. An additional 14 day temporary exemption may be approved by the Director. The Director shall have the authority to refer an application for a temporary exemption to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. A temporary exemption request shall contain at least the following information: a. Specific exemption or exemptions requested; b. Type, use and purpose of outdoor lighting fixture(s) involved; c. Duration of time requested for exemption; d. Type of lamp and calculated lumens; e. Total wattage of lamp(s); f. Proposed location on premises of the outdoor light fixture(s); g. Previous temporary exemptions, if any; h. Physical size of outdoor light fixture(s) and type of shielding provided; and, i. Such other information as may be required by the Community Development Department Director. 4. Approved H istoric L ighting F ixtures. N on -conforming lighting fixtures which are consistent with the character of the historic structure or district may be exempted with approval from the Historic Preservation Officer or Historic Preservation Commission. Approved fixtures shall be consistent with the architectural period and design style of the structure or district and shall not exceed 50 watts. 5. Decorative lighting elements, such as shades with perforated patterns and opaque diffusers, may be exempted from the fully -shielded requirement provided they do not exceed 50 watts. 6. If a proposed lighting plan or fixtures are proposed that do not meet this code but that have demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information to adequately assess the community benefit for approval by the Community Development Director. I. Prohibitions. The following types of exterior lighting sources, fixtures, and installations shall be prohibited in the City of Aspen. 1. Light sources shall not be affixed to the top of a roof or under a roof eave, except where required by building code. 2. Lighting for the purpose of illuminating a building facade shall be prohibited when such lighting is mounted to the ground or poles, or is mounted on adjoining/adjacent structures. 3. Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity, and changing color I ights and i nternally illuminated s igns s hall be prohibited, except f or temporary holiday displays, lighting for public safety or traffic control, or lighting required by the FAA for air traffic control and warning purposes. 4. Mercury vapor and low-pressure sodium lighting shall be prohibited due to their poor color rendering qualities. 5. Linear lighting (including but not limited to neon and fluorescent lighting) primarily intended http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor L` ',ting. Page 6 of 7 as an architectural highlight to attract attention or used as a means of identification or advertisement shall be prohibited. 6. Unshielded flood lights and timer controlled flood lights shall be prohibited. 7. Lighting directed toward the Roaring Fork River or its tributaries. 8. No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any fixed light not designed for roadway illumination that produces direct light or glare that could be disturbing to the operator of a motor vehicle. b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal, or City government. 9. No beacon or search light shall be installed, illuminated, or maintained. 10. Up -lighting is prohibited, except as otherwise provided for in this Section. J. Nonconforming Lighting. Unless otherwise specified within this ordinance, within one (1) year of the effective date of this ordinance, all out door lighting fixtures that do not conform to requirements of this ordinance must be replaced with conforming fixtures or existing fixtures must be retrofitted to comply. Violations shall be corrected within 60 days of being cited. Until that time, all existing outdoor lighting fixtures that do not already comply shall be considered legal nonconforming fixtures. K. Review Standards. 1. Height. Outdoor residential and commercial lighting shall be twelve (12) feet or less above grade in height. Special review by the Planning and Zoning Commission may allow lighting of a greater height under the following circumstances: a. A fixture at a greater height is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. Lighting for commercial parking and vehicle circulation areas may have a maximum height of 20 feet above grade and shall be fully shielded, or c. Lighting on above -grade decks or balconies, which shall be fully shielded. 2. Foot Candles. Outdoor Non -Residential (26.575.070), Sign (26.575.080), and Residential 26.575.090) Lighting Standards shall not exceed the foot candles designated in their respective sections. Special review by the Planning and Zoning Commission may allow lighting of a greater intensity under the following circumstances: a. A fixture of a greater light intensity is required due to safety, building design, or extenuating circumstances in which case the light shall be fully shielded with a non adjustable mounting; or b. An architectural or historical feature requires greater illumination, in which case the light shall be fully shielded with a non adjustable mounting. L. Procedures. Administrative Review Procedures Lighting plans submitted in conjunction with applications for subdivision, planned unit development, development within any environmentally sensitive area, or special review application shall be reviewed by the Planning and Zoning Commission. http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 Section 26.575.150 Outdoor I ' 'Zting. Page 7 of 7 Lighting plans submitted as a part of a building permit application for a commercial or multi- family structure shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate. Appeals Any appeals related to decisions regarding outdoor lighting shall be made to the Board of Adjustment compliant with the procedures in the Appeals Section 26.316 of this Land Use Code. Ord. No. 47-1999, §1) http://www.bpcnet.com/codes/aspen/_DATA/Title_26/575/150.html 11/25/2003 ATTACHMENT D ORDINANCE NO. 7297 AN ORDINANCE AMENDING TITLE 9, "LAND USE REGULATION," B.R.C. 1981, BY REPEALING AND REENACTING THE CITY'S ILLUMINATION STANDARDS, ADOPTING DIFFERENT LIGHTING STANDARDS FOR LAND DEVELOPMENT WHICH INCLUDES, WITHOUT LIMITATION, MAXIMUM LIGHTING LEVELS, LIGHT UNIFORMITY RATIOS, THE COLOR OF LIGHT PERMITTED, AND LIGHT SHIELDING REQUIREMENTS FOR RESIDENTIAL AND NON- RESIDENTIAL LIGHTING FIXTURES; AND AN AMORTIZATION PROGRAM THAT REQUIRES THE REMOVAL AND REPLACEMENT OF LIGHTING FIXTURES FOR EXISTING LAND USES THAT DO NOT MEET THE NEW OUTDOOR LIGHTING STANDARDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. Section 9-1-3, B.R.C. 1981, is amended by the addition of the following definitions, to read: Control" means a fully automatic device, which can turn on, off, or dim lights at predetermined times. A control includes, without limitation, an astronomical time clock, photocell, motion detector, and dimmer. Footcandle (fc)" means a unit of illuminance equivalent to one lumen per square foot. Full cutoff light fixture" means a light fixture with a light distribution pattern that results in no light being projected at or above a horizontal plane located at the bottom of the fixture. Fully shielded light fixture" means a light fixture that provides internal or external shields or louvers that prevents light being emitted by the fixture from causing glare or light trespass impacts. Fully shielded from view" means that the light emitted by a light fixture is not visible from adjacent streets and properties. K 1PLC U\o-7 297. a hf. wpd LIA AGE0AffEM #"7 i1 _PAGE_ 1 Glare" means the sensation produced by light within the visual field that is sufficiently greater than the light to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance or visibility. Illuminance" means the amount of light that falls on a surface measured in footcandles. IESNA" means the Illuminating Engineering Society of North America. Light bulb" means the component of the light fixture that produces the actual light. A bulb includes, without limitation, a lamp or tube. Light fixture" or "luminaire" means the complete lighting unit consisting of one or more of the following: the lamp, ballast, housing, and the parts designed to distribute the light, to position and protect the lamps, and to connect the lamp to the power supply. Light fixtures also include any electric sign as defined in Section 10-11-2, "Definitions," B.R.C. 1981. Light pollution" means any light that is emitted into the atmosphere, either directly or indirectly by reflection against any exterior surface, including, without limitation, the ground, buildings, cars, glass, or windshields, that alters the appearance of the night sky, interferes with astronomical observation, or interferes with the natural functioning of vegetation or wildlife. Light trespass" means light projected onto a property from a light source located on a different property. Lumen" is a measure of light energy generated by a light source. The lumen rating of a light bulb or lamp is provided by the bulb manufacturer. Maximum allowable light level" is the maximum initial horizontal illuminance for exterior areas measured at one hundred hours of operation, in footcandles at grade level, anywhere within the property including areas under canopies, balconies or other non -enclosed or partially enclosed areas. Maximum lumen rating" means the maximum initial light output measured in lumens as established by the lamp manufacturer. If a light fixture has multiple lamps, this rating refers to the combined total lumens of all lamps within the fixture. String of lights" means a series of lights attached to a wire, race, or inserted in transparent tubing in such a way that it can be moved about or hung in various ways, and whose bulbs are not light fixtures permanently attached to a building or other structure. Uniformity ratio" means the ratio between the maximum and the minimum light level within a specific use area such as a parking lot. K:\PLCU\o-7297.ehfwpd AGENDA )('J Ivf _ I _i`r _ ];'AGE d White light source" means a spectrum of light produced by, but not limited to, incandescent, halogen, metal halide, induction, and fluorescent lamps having a color temperature between 2,650 and 4,000 degrees Kelvin and a minimum Color Rendering Index (CRI) of 65. Section 2. Section 9-3.3-17, B.R.C. 1981, is repealed and reenacted to read: 9-3.3-17 Outdoor Lighting. a) Purpose: The purposes of the outdoor lighting standards are to: 1) Provide adequate light for safety and security; 2) Promote efficient and cost effective lighting and to conserve energy; 3) Reduce light pollution, light trespass, glare, and offensive light sources; 4) Provide an environmentally sensitive nighttime environment that includes the ability to view the stars against a dark sky so that people can see the Milky Way Galaxy from residential and other appropriate viewing areas; 5) Prevent inappropriate, poorly designed or installed outdoor lighting; 6) Encourage quality lighting design; light fixture shielding, establish maximum uniformity ratios and establish maximum light levels within and on property lines; and 7) Establish an amortization program to remove or replace light fixtures that exceed the requirements permitted by this section. b) Legislative Findings Regarding the Amortization Provisions: The city council adopts the following findings regarding the amortization provisions of this section: 1) On balance, that the burdens created to individual property owners by the amortization provisions of this section are greatly outweighed by the benefits that will provided to all of the citizens in and visitors to the City of Boulder and areas that are in close proximity to the City of Boulder. The value of the fixtures required to be replaced by this ordinance are minimal, and that on balance, the burden placed on the property owner is minimal, given the value of such fixtures against the benefits gained by such replacement, which is a substantial decrease of unnecessary light pollution. KAPL.CU%o-7297.ehf.wpd A.GMA M # _- - PAGE 20 2) The amortization period, based upon the formula that is used by the United States Internal Revenue Service to depreciate fixtures attached to real property over a fifteen year period is reasonable and provides a rational basis for the amortization schedule set forth in this section. 3) The adopted amortization periods, together with an opportunity for extensions beyond the time periods set in this section will allow the property owner to recoup or recover costs or otherwise reap the benefits of the useful life of such improvements in a manner that is consistent with the generally accepted methods of depreciating fixtures utilized by the United States Internal Revenue Service. c) Scone: This section shall apply to all exterior lighting including illumination from outdoor signs that impact the outdoor environment. No person shall install any light fixture unless such fixture meets the requirements of this section. 1) Conformance at the Time of Building Permit Application: Compliance with the requirements of this chapter shall be required for all new development. The following outdoor lighting improvements shall be installed prior to a final inspection for any building permit for any redevelopment which exceeds the following thresholds: K APL.0 U\o-7297. eh f. wpd A) When development or redevelopment, exceeds twenty-five percent of the Boulder County Assessor's actual value of the existing structure then all existing unshielded exterior light fixtures shall be retrofitted with shielding to prevent light trespass. B) When development or redevelopment exceeds fifty percent of the Boulder County Assessor's actual value of the existing structure then: i) All exterior lighting, except existing parking lot lighting, shall be brought into conformance with the requirements of this section: and ii) All existing parking lot light fixtures shall be retrofitted with shielding to prevent light trespass. C) When development or redevelopment exceeds seventy five percent of the Boulder County Assessor's actual value of the existing structure then all exterior lighting fixtures shall be brought into full conformance with the requirements of this section. AG)i1 DAffEM ___l. 1_1Ctyl7 i. 2) Replacement of Fixtures: If an existing light fixture is removed, it shall only be replaced with a conforming light fixture. d) Design Standards: No person shall install or maintain any exterior lighting that fails to meet the requirements of this section: 1) Maximum Light Levels at Property Line: The maximum light level at any point on a property line shall not exceed 0.1 footcandles within or adjacent to a residential zone or 0.2 footcandles in non-residential zones except as follows: A) The light emitted by light fixtures mounted on a structure built within five feet of a public street right-of-way or sidewalk, shall not exceed the maximum allowable light levels for "pedestrian areas" specified in subsection e) for the underlying zoning district or use. The maximum allowable light level shall include any existing or proposed street or pedestrian lighting located within the right of way. In no case shall the maximum allowable light level within the right-of-way, excluding street lights, exceed 0.2 footcandles when measured at the curb line. B) In non-residential zoning districts, unless a variance has been granted, light levels exceeding 0.2 footcandles at the property line may be approved by the city manager upon finding that the increased light levels will not adversely affect an adjacent property owner. Evidence that the light will not adversely affect an adjacent property owner may include, without limitation, a statement from such property owner that it will not be adversely affected by the increased light levels. The maximum allowable light levels specified in subsection (e) shall not be exceeded when measured on the property line. 2) White Light Source Required: White light sources that include, without limitation, metal halide, fluorescent, or induction lamps, but excluding incandescent and halogen lamps, shall be required for any light fixture which exceeds 2400 lumens that is within a parking lot, vehicular circulation, or pedestrian use area. 3) Use of High Pressure Sodium Lamps: Full cut-off high pressure sodium lamps, not exceeding a maximum lumen rating of 16,000 lumens, may be used in outdoor storage areas and other similar use areas not accessible to the general public and the need for good color rendering capabilities for safety and security is not necessary. 4) Architectural Lighting of Building Facades: The lighting of a building facade for architectural, aesthetic, or decorative purposes is permitted subject to the following restrictions: K APLC U\o-7297.ehf. wpd AGUMAMk 4-PAGE eU - A) Upward aimed building facade lighting shall not exceed 900 lumens. All upward aimed light shall be fully shielded, fully confined from projecting into the sky by eaves, roofs or overhangs, and mounted as flush to a wall as possible. B) Building facade lighting exceeding 900 lumens shall be fully shielded, aimed downward, and mounted as flush to a wall as possible. C) Building facade lighting shall be fully contained within the vertical surface of the wall being illuminated. D) Building facade lighting that is measurable at the ground level shall be included in the maximum allowable light levels. 5) Unshielded Lighting Activated by a Motion Sensor: Unshielded lighting that emits more than 900 lumens but less than or equal to1200lumens is permitted provided that it is activated by a motion sensor and provided it is aimed and located in such a manner as to prevent glare and light trespass. The light shall only go on when activated and go off within five minutes of activation. Motion sensor activated lighting shall not be triggered by any movement or activity located off the property on which the light is located. 6) Signs: All exterior signs shall be required to meet the standards for this section. In addition, all exterior signs are also subject to the requirements set forth in Chapter 10-11, "Signs on Private Property," B.R.C. 1981. 7) Standards for Lights Adjacent to Residential Zoning Districts, Residential Uses or Public Right -of -Ways: Any light fixture located within ten feet of a property line, of a residential zoning district, an existing residential use, or within ten feet of a public right-of-way, except as permitted in subsection (d)(1)(A) shall be: A) Aimed away from the property line, residential zone, residential use, and/or right-of-way; B) Classified as a IESNA Type III or Type IV light fixture; and C) Shielded on the side closest to the property line, residential zone, residential use, or public right-of-way. 8) Canopy Lighting: Lighting fixtures mounted under canopies used for vehicular shelter shall be aimed downward and installed such that the bottom of the light KAPLCUb-7297.ehfwpd A,GMAflW O -PAGE/-23- fixture or its lens, whichever is lower, is recessed or mounted flush with the bottom surface of the canopy. A full cut off light fixture may project below the underside of a canopy. All light emitted by an under -canopy fixture shall be substantially confined to the ground surface directly beneath the perimeter of the canopy. No lighting, except that permitted by the sign ordinance, shall be permitted on the top or sides of a canopy. 9) Flag Poles: A flagpole meeting the requirements of Chapter 10-11, "Signs on Public Property," B.R.C. 1981, may be illuminated by one upward aimed fully shielded spotlight light fixture which shall not exceed 3500 lumens. The light fixture shall be placed as close to the base of the flagpole as reasonably possible. 10) Strings_of Lights: No person shall use a string of lights on property with non- residential uses except as follows: KAPL.0 Ub-7297.ehf. wpd A) Strings of lights may only be used if they are approved by the city manager as part of an outdoor lighting plan or landscape plan. The plan must comply with all of the standards of this subsection. The purpose of such lighting is intended to create pleasing pedestrian spaces, such as an outdoor dining or patio areas, utilizing low lighting levels. B) Strings of lights permitted under this subsection shall be displayed in compliance with the following standards: i) The string of lights contains only low wattage bulbs that are not greater than 50 lumens per bulb (equivalent to a seven watt C7 incandescent bulb); ii) The string of lights shall be located within a pedestrian way, plaza, patio, outdoor dining area, or the primary entry into a building; iii) The string of lights is not placed in any required landscape setback adjacent a street; iv) The string of lights shall be displayed on a building, wall, fence, trees, and shrubs; and v) The string of lights shall not suspend horizontally between any buildings, walls, fences, trees, or shrubs (for the purposes of this paragraph, "horizontally" means any portion of the suspended string which dips less than forty-five degrees below the horizontal). AGIRM) 11A1C.W...AA_MGE.9Y 11) Parking Lot Lights and Trees: Parking lot light fixtures and poles shall be located such that trees located within the parking lot do not obscure the operation of the light fixture. 12) Full Cut Off Fixtures: Full cut off fixtures shall be installed in a horizontal position as designed. e) Maximum Light Standards: No person shall operate any device which makes light in excess of the levels specified in this section. Light from any fixture shall not exceed any of the limits for the applicable zoning district or use classification in Tables "A" and `B." In the event an applicant utilizes light levels at the highest level permitted for a specific use area, such lighting shall be substantially confined to that particular use area. Table A Zoning District Requirements Residential Zoning Districts Commercial, Office, and Public Zoning District not including public uses) Industrial Zoning Districts and Public Uses in Residential Zones Maximum allowable light levels 5.0 at building entries 5.0 at building entries 5.0 at building entries measured in footcandles) 3.0 in parking areas 5.0 in parking areas 5.0 in parking lots 3.0 along pedestrian 3.0 along pedestrian walkways 3.0 along pedestrian walkways walkways 2.0 in common open space 2.0 in outdoor storage areas areas max. uniformity ratio requirements are not applicable) Maximum Uniformity Ratio (max. n/a 10:1 (except as noted above) 10:1 to min.) Maximum lumen rating for a full 8,500 - parking areas of six or 14,000 14,000 cut-off luminaire shielded from more spaces view of adjacent streets and properties 4,000 - walkway lights and 23,500 on 35 foot pole when common areas permitted 1,800 stairways and 16,000 for High Pressure Sodium entryways when permitted Maximum lumen rating for an 900 1,250 1,250 IESNA cutoff or semi cut-off fixture Maximum lumen rating for an 900: except no lamp or bulb, 900 900 unshielded light fixture other than for seasonal displays and landscape ornamental lighting, shall be visible beyond the property line. K:\PLCU\o-7297.ehf.wpd AGENDA X't"lEM k "W._ "Aiiig o' Controls Motion sensors required for Recommended after close of Recommended after close all unshielded fixtures in business of business excess of 900 lumens Maximum allowable pole height includes base, pole and luminaire) 20 feet in parking lots 25 feet in parking lots 20 feet in parking lots within or adjacent to residential zones, otherwise 25 foot maximum 15 feet in all other areas 35 feet for contiguous parking lots of 5 or more acres in size 20 feet in all other areas Table B Special Use Requirements Parking Structures and Private Recreation Public Recreation Use Service Stations, Covered Parking Below Use Automobile Dealerships, a Building Drive -Up Windows Maximum allowable light levels 5.0 within structure and in structure and The lesser of 30 footcandles or the The IESNA recommended standards for the specific 5.0 in building entries and drive -up windows measured in footcandles) pedestrian entries IESNA recommended sports venue standards for the specific sports venue 5.0 for uncovered upper 5.0 in parking lots 5.0 in parking lot 20.0 under service station levels canopies 5.0 for exterior 4.0 in pedestrian areas 4.0 in pedestrian areas 15.0 within vehicular pedestrian circulation display areas areas 5.0 in parking lots 3.0 along pedestrian walkways Maximum uniformity ratio 5:1 within parking 3:1 on sports field or 3:1 on sports field or court 10:1 max. to min) structure court 10:1 remainder of site 10:1 remainder of site 10:1 remainder of site Maximum lumen rating for a 14,000 23,500 107,000 14,000 full cut-off light fixture field or court area sports field shielded from view of adjacent streets and properties 8,500 parking and pedestrian areas 23,000 courts 13,500 parking areas 8,500 pedestrian areas K:\PLCU\o-7297.ehf.wpd AGENDA fSM # . Maximum lumen rating for 1,800 1,250 4,000 1,800 an IESNA cut-off or semi cut-off light fixture Maximum lumen rating for 900 900 900 900 an unshielded light fixture Sports shielding n/a internal and external internal and external n/a Light fixture aiming angle n/a Wit not greater than 60 degrees n/a from nadir Controls Automatic daylight Field or court lights Field or court lights shall Service station canopies adaptation controls shall be turned off be turned off within 30 and vehicular display light required within 30 minutes of minutes after the last event shall not exceed 5.0 the last event or 12:00 footcandles within 1 hour midnight whichever is of the close of business earlier Maximum allowable pole 12 feet for uncovered 20 feet in residential 20 feet in parking lots 20 feet when adjacent to height includes base, pole, and upper level parking zones within or adjacent to residential zones, residential zones, otherwise 25 feet in parking lots light fixture) otherwise 25 feet 25 feet in all other 35 feet for sports lighting 20 feet in all other areas zones or as approved by the city manager per Section 9-4- 11, "Site Review," B.R.C. 1981 f) Prohibitions: No person shall install any of the following types of outdoor lighting fixtures: 1) Mercury vapor lamps; 2) Low pressure sodium lamps, unless within six hundred feet of an existing astronomical observatory, which is owned or operated by a governmental entity; 3) Blinking, flashing, moving, revolving, flickering, changing intensity or color, and chase lighting, except lighting for temporary seasonal displays, lighting for public safety or required for air traffic safety; 4) Any light fixture that may be confused with or construed as a traffic control device; 5) Any upward oriented lighting except as otherwise provided for in this section; 6) Searchlights, beacons, and laser source light fixtures; 7) Exposed linear lamps that include, without limitation, neon, Light Emitting Diode L.E.D.), and fluorescent lighting, primarily intended as an architectural highlight to attract attention or used as a means of identification or advertisement except as permitted by Chapter 10-11, "Signs on Private Property," B.R.C. 1981; and K:\PLCU\o-7297.ehf.wpd AnA+Lli A ULU If, V VA¢ .1_ 8) Any lamp or bulb not within a light fixture (except for seasonal displays and landscape ornamental lighting) visible beyond the property line on which it is located. g) Lighting Plans Required: A lighting plan shall be submitted with any building permit application except for a single detached dwelling unit on an individual lot, in which outdoor lighting is proposed or required. The lighting plan shall include: 1) A site plan showing the location of all buildings and building heights, parking, and pedestrian areas on the lot or parcel; 2) The location and description including mature height of existing and proposed trees and the location of light fixtures on adjacent properties or the street right -of- way within ten feet of the subject property; 3) The location and height above grade of all proposed and existing light fixtures on the subject property; 4) The type, initial lumen rating, color rendering index, and wattage of each lamp source; 5) The general style of the light fixture such as cut-off, lantern, coach light, globe, and a copy of the manufacturers catalog information sheet and IESNA photometric distribution type, including any shielding information such as house side shields, internal, and/or external shields; 6) Control descriptions including type of controls (timer, motion sensor, time clock, etc.), the light fixtures to be controlled by each type, and control schedule when required; 7) Aiming angles and diagrams for sports lighting fixtures; and 8) A light calculation which shows the maximum light levels on a grid not to exceed ten feet by ten feet across the entire site and a minimum of ten feet beyond the lot or parcel property line. The grid shall also indicate maximum to minimum uniformities for each specific use area such as parking and circulation areas, pedestrian areas, and other common public areas. h) Final Inspection and Certification: Prior to a building permit final inspection or the issuance of a certificate of occupancy, the applicant shall provide certification that the outdoor lighting as installed complies with the approved illumination plan and the requirements of this section unless waived or amended by the city manager in writing. The certification shall be_ K APLCUb-7297.ehf.wpd 0(0AW,MAXT&W#*_I?AGE "' submitted in a format prescribed by the city manager. The certification shall be completed by the architect, electrical engineer, electrical contractor, or lighting consultant responsible for the plans or the final installation. i) Exceptions: The standards of this section shall not apply to the following types of exterior lighting: 1) Ornamental Lighting: Low voltage (12 volts or less), low wattage ornamental landscape lighting fixtures, and solar operated light fixtures having self contained rechargeable batteries, where any single light fixture does not exceed 100 lumens. 2) Strings of Light: Strings of light, not exceeding a maximum of 50 lumens per lamp, equivalent of a seven watt C7 incandescent light bulb) on properties located in all residential zoning districts or on properties that are used exclusively for residential uses shall be exempt from the requirements of this chapter. 3) Aviation Lighting: Lighting used exclusively for aviation purposes. All heliport lighting, except lighting associated with emergency facilities, shall be turned off when the heliport is not in use. 4) Right -of -Way Lighting,: Public lighting that is located within the right-of-way. 5) Seasonal Lighting Displays: Lighting displays from November 15 through January 30 of the following year. j) Variances and Exemptions: The city manager is authorized to grant variances to this section in accordance with the following standards: 1) Equivalent Material: The provisions of this section are not intended to prevent the use of any design, material or method of installation not specifically prohibited by this article provided any such alternate has been approved by the city manager. The city manager may approve any such alternate provided that the proposed design, material or method provides an approximate equivalent method of satisfying the standards of this section. 2) Variance: The city manager may grant a variance from the provisions of this section if the city manager finds that one of the criteria of subparagraphs (A), (B) or (C), and subparagraphs (D) and (E) have been met: K APLC U\o-7297.ehf. wpd A) There are special circumstances or conditions applying to the land, buildings, or outdoor light fixtures for which the variance is sought, which circumstances or conditions are peculiar to such land, buildings or outdoor_ AGENDAMNW4 '-PAGF"2Y— light fixtures and do not apply generally to the land, buildings or outdoor light fixtures in the neighborhood; B) For non-residential uses, there are occupational safety lighting requirements for activities or processes that occur outdoors that are required by another governmental agency; or C) Upon a finding by the city manager that outdoor lighting in specific areas of the community, that otherwise meets the requirements of this section is not adequate and additional lighting is necessary to improve safety or security for the property or its occupants; and D) The granting of the variance will generally be consistent with the purpose of this section and will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and E) The variance is the minimum variance that provides the relief required. 3) TemporM Lighting Exemption: The city manager may grant an exemption from the requirements of this section for temporary outdoor activities that include, without limitation, fairs, carnivals, sporting events, concerts, and promotional activities, if the city manager finds the following: A) The length of time that the temporary lighting is to be used is not longer than thirty days; B) The proposed lighting is designed in such a manner as to minimize light pollution, light trespass, and glare as much as feasible; and C) The proposed lighting will comply with the general purpose of this section. k) Amortization: All exterior lighting fixtures which do not conform to the following standards shall be brought into conformance no later than fifteen years from the date of adoption of this section. 1) Extension of Amortization Period: The city manager may extend the amortization period of this section. The city manager shall provide a compliance date for the meeting the requirements of this section under a plan whereby the owner's actual investment in the improvements before the time that the use became non-standard under this section can be amortized within a definite time period. The city manager shall consider the following factors in determining a reasonable amortization period: KAPL.0 Ub-7297.ehf. wpd A) The owner's investment in improvements and other assets on the property before the time the improvements became non-standard. B) Any costs that are directly attributable to the establishment of a compliance date, including demolition expenses, and reconstruction expenses. C) Any return on investment since inception of the use, including net income and depreciation. D) The anticipated annual recovery of investment, including net income and depreciation. 2) Compliance Requirement: If the city manager establishes a compliance date for a non -conforming use, the use must cease operations on that date and it may not operate thereafter unless it meets the lighting standards of the Boulder Revised Code. 3) Appeal: A property owner that requested the extension of an amortization period under this section that is aggrieved by any decision of the city manager denying such an extension may appeal to the Board of Zoning Adjustment by providing a notice to the city manager of the owner's intent to appeal with fourteen days after receiving notice of the city's decision. The hearing shall be held in conformance with the requirements of Subsection 9-3.6-2(d), B.R.C. 1981. 4) Exempt from Amortization Requirements: The following shall be exempt from the amortization provisions, but not the shielding requirements, of this section: A) Existing high pressure sodium and metal halide light fixtures which do not exceed the maximum allowable light levels of subsection (e) by more than twenty percent; B) Existing high pressure sodium and metal halide light fixtures mounted on poles which exceed the maximum allowable pole heights of subsection (e), but do not exceed thirty-five feet in height, and do not exceed the maximum allowable light levels of subsection (e); C) Existing high pressure sodium and metal halide light fixtures which exceed the maximum lumen ratings of subsection (e), but comply with the maximum allowable light levels of subsection (e). 5) Special Amortization Requirements: Notwithstanding the fifteen year amortization period set forth above, the following types of fixtures or bulbs shall be replaced sooner, as follows: - K AP LMo-7297.ehf. w pd G aIAl1 #% LI ..._PA, E o3/ A) Replacement of Unshielded Mercury Vapor Light Fixtures: Existing unshielded mercury vapor light fixtures shall be removed or replaced with a light fixture that meets the requirement of this section by September 1, 2005. B) Replacement of Bulbs: To the extent that compliance with this section can be achieved by replacement of a light bulb, the light bulb shall be replaced with one that meets the requirements of this section upon its failure or on September 1, 2004, whichever is earlier. C) Aiming of Fixtures: To the extent that compliance with this section can be achieved by reaiming a fixture, such fixture shall be reaimed by September 1, 2004. Section 3. The city council orders that this ordinance be applied to all building permit applications made to the city after the effective date of this ordinance. Section 4. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 5. The council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. K:\PLCU\o-7297.ehfwpd Arapahoe County Land Development Code PART 1 ZONING REGULATIONS SECTION 1-4700 LIGHTING STANDARDS 1-4701 INTENT To provide lighting standards that ensure adequate visibility for vehicle drivers and pedestrian users; that enhance personal safety and protection against assault, theft and vandalism; that ensure comfort levels of property owners and patrons and minimize the negative effects of light pollution and trespass. Lighting should effectively augment and enhance good site and building design. 1-4702 APPLICABILITY These lighting standards apply for all developments exclusive of single family detached developments. All uses that require Arapahoe County approval of a Final Development Plan, Master Development Plan, Administrative Site Plan, Subdivision Development Plan or Use by Special Review shall conform to these lighting standards. 1-4703 SUBMITTAL PROCESS When a lighting plan is necessary through a FDP, MDP, ASP, SDP or USR, the submittal requirements are determined by those regulations. When an approved PDP, ADP, FDP, SDP or USR does not adequately address lighting, these regulations shall govern. When an application is not part of a formal subdivision or zoning application and is being processed through the building permit process, the following standards and process will be required. 1-4704 SUBMITTAL REQUIREMENTS These requirements may be modified as deemed necessary by the Planning Division Manager or designee. Submit a lighting plan with all lighting fixtures (pole, ground and building mounted) including location, type and height of lighting devices at a scale approved by staff. Rev Date 4.2.01 Section 1-4700 Page 1 Lighting Standards Arapahoe County Land Development Code Submit lighting specification cut sheets from the manufacturer for all existing and proposed fixtures. Submit a photometric plan consisting of a point -by -point analysis of the lighting plan in accordance with the IES Publication LM-64. Other supporting information may be required. 1-4705 OUTDOOR LIGHTING DESIGN STANDARD 1-4705.01 All lighting shall be shielded such that the source of illumination (bulb or direct lamp image) is not visible from the property line thereby reducing glare and interference with boundary streets and adjacent properties 1-4705.02 Except as otherwise allowed for herein, all lighting (including, but not limited to street, parking lot, security, walkway and building) shall conform with the Illuminating Engineering Society of North America (IES) criteria for full cut-off fixtures (100% of light output below 90 degrees, and 90 % of light output below 80 degrees from a vertical line through the fixture). 1-4705.03 Lighting fixtures that illuminate landscape plantings, pedestrian walkways, signage, or product display areas shall also conform to the full cut-off fixture. 1-4705.04 The lamp cannot extend below the housing of the fixture. 1-4706 SITE LIGHTING Light levels measured at the property line shall not exceed 0.5 foot-candles and 20' beyond the site's property line (adjacent to residential development) shall never exceed 0.2 foot-candles as a direct result of the on -site lighting. All fixtures mounted within 15' of a residential property line or public right-of-way boundary shall be classified as IES Type III or Type F (asymmetric forward throw). Rev Date 4.2.01 Section 1-4700 Page 2 Lighting Standards Arapahoe County Land Development Code These fixtures shall be fitted with a "house side shielding" reflector on the side facing the residential property line or public right-of-way. 1-4707 DESIGN REQUIREMENTS The style, color and design of the fixtures shall be compatible with the over-all design concept and use of materials for the building, site and area of the lighting plan. 1-4708 HOURS OF OPERATION Through the review of a development proposal, (or building permit when applicable) the hours of operation may be restricted based upon but not limited to: location to residential development, topography, proposed use of the property, security and traffic interference. 1-4709 PROHIBITED LIGHTING All lighting of signage shall comply with the adopted Signage Regulations (Section 3700). No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: Any fixed light not designed for roadway illumination that produces incident or reflected light that could impair the operator of a motor vehicle. The installation, illuminations or maintenance of beacons or searchlights. Lights, which are mounted on the ground or poles for the purpose of illuminating the building facade, will be reviewed by the DSIM Department on a case -by -case basis for compliance with the intent of these regulations. 1-4710 INSTALLATION AND MAINTENANCE STANDARDS Operation and maintenance cost of the lighting system will be the responsibility of the property owner. Rev Date 4.2.01 Section 1-4700 Page 3 Lighting Standards Arapahoe County Land Development Code Requirements for maintenance shall include replacement of bulbs and light fixture, regular cleaning and replacement of light fixtures as needed. Rev Date 4.2.01 Section 1-4700 Page 4 Lighting Standards k SECTION 30 Pagel of 3 SECTION 30 I.,IGHTING STANDARDS 3001 Intent To provide lighting standards that prevent motorized vehicle and pedestrian conflicts, provide personal safety and protection against assault, theft and vandalism; to provide convenience and comfort levels to the users of sites and minimize the negative effects of light pollution and trespass. 3002 Lighting Standards All outdoor lighting shall meet the following standards: 3002.01 All lighting shall be shielded such that the source of illumination (bulb or direct lamp image) is not visible from any adjacent property. 3002.02 Except as otherwise allowed for herein, all lighting (including, but not limited to street, parking lot, security, walkway and building) shall conform with the Illuminating Engineers Society (IES) criteria for true cut-off fixtures (90% of fixture light out put within the 0-60' range from vertical). No portion of the bulb or direct lamp image may be visible beyond two mounting heights from the fixture. If the bulb position within a fixture is vertical, any or all of the following may be required: A high socket mount, A translucent fixture lens, An opaque coating or shield on a portion of the perimeter of the lens, or Other industry accepted measures, to ensure that the fixture IES classification as a true cut-off is not compromised. 3002.03 All lights must be retrofitted with shielding in a manner such that the light conforms with IES criteria for true cut-off fixtures as noted in 3002.02 herein. 3002.04 All lights, except those required for security as provided herein, must be extinguished within one hour after the end of business hours and remain extinguished until one hour prior to the commencement of business hours. For reasons of security, a maximum of 1.5 foot-candles at entrances, stairways and loading docks, and 0.5 foot-candle on the rest of the site is permitted. 3002.05 Lights which are mounted on the ground or poles for the purpose of illuminating the building facade are prohibited. 3002.06 Non IES approved cut-off fixtures which use incandescent bulbs of 150 watts or less may be used to illuminate landscape plantings, pedestrian walkways, signage, or product display areas. All signage lighting shall be extinguished within one hour of the end of business hours and remain extinguished until one hour prior to commencement of business hours. http:// douglas.co.us/ C/planning/documents/Zoningres/section30.htm 11/25/2003 4 SECTION 30 Page 2 of 3 3002.07 Blinking, flashing or changing intensity lights and lighted signs shall be prohibited, except for temporary holiday displays or lighting required by the FAA for air traffic control and warning purposes. 3002.08 No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: 3002.08.01 Any fixed light not designed for roadway illumination that produces incident or reflected light that could be disturbing to the operator of a motor vehicle. 3002.08.02 Any light that may be confused with or construed as a traffic control device except as authorized by a State, Federal, or County government. 3002.09 No beacon or search light shall be installed, illuminated or maintained. 3 002. 10 All stadium and all other exterior sports arena lights used for the purpose of illumination of the playing area must be extinguished by 10:00 p.m. or immediately after the conclusion of the final event of the day. The remainder of the facility lighting, except for reasons of security, must be extinguished at 10:00 p.m. or within one hour after the event, whichever is later, and remain extinguished until one hour prior to the commencement of the next event. For reasons of security, however, a maximum level of 1.5 foot-candles at entrances and stairways, and 0.5 foot-candle on the rest of the site is permitted. 3002.11 Maximum fixture height for all lighting shall be: 24' when fixture is located within 75' of the site's boundary; and 40' when the fixture is located beyond 75' from the site's boundary provided that for mounting heights in excess of 24', the distance of the fixture to the site's boundary be not less than three times the mounting height. 3002.12 All fixtures mounted within 15' of any residential property line or public right-of-way boundary of the site shall be classified as IES Type III or Type F (asymmetric forward throw) and shall be fitted with a "house side shielding" reflector on the side facing the residential or public right- of-way property line. 3002.13 Acceptable bulb types: High Pressure Sodium Metal Halide (coated preferred) Incandescent 3002.14 Maximum on -site foot-candles shall not exceed 10 foot-candles. In areas adjacent to buildings, said 10 foot-candle maximum shall include light spillage from within the building as well as light from signage. 3002.15 Minimum maintained on -site foot-candles shall be 0.5 http://www.douglas.co.us/DC/planning/documents/Zoningres/section3 O.htm 11 /25/2003 SECTION 30 Page 3 of 3 3002.16 Light levels measured 20' beyond the site's property line (adjacent to residential or public right- of-way) shall never exceed 0.1 foot-candles as a direct result of the on -site lighting. http://www.douglas.co.us/DC/planning/documents/Zoningres/section30.htm 11/25/2003 Flagstaff Arizona Light Polluf i Code Page 1 of 13 Updated: Revised agsta Arizona 07-,Tarr-2003 Outdoor Lighting Ordinance HOME Flagstaff Lighting Code -- Division 10-08-002 of the Land Development Code Calendar of (LDC) Events 2003 Officers First Flagstaff outdoor lighting restrictions: 1958 First Flagstaff comprehensive outdoor lighting code: 1973 Maps Major revision and update (LPS; lumens/acre): November 1989 I}rect`ons Land Development Code revision: April 1991 Members Updated (Canopy caps): June 1999 MerP7ii7ersht i3 DIVISION 10-08-002. DEVELOPMENT LIGHTING REGULATIONS Telescopes and Observatories 10-08-002-0001. INTENT AND PURPOSE Imams & Photos It is the intent of this Division to encourage lighting practices and systems which will ATM Croup minimize light pollution, glare, light trespass; conserve energy and resources while Deep Sky maintaining night-time safety, utility, security and productivity; and curtail the degradation of the night time visual environment. It is recognized that since Shallow Sky topographic and atmospheric conditions surrounding the City of Flagstaff are Lunar / Solar uniquely suited for astronomical observation and since observatories have been established in the City's vicinity, the City of Flagstaff, through the provisions hereinASONIC contained, promotes the reduction of light pollution which interferes with the Astrometry successful operation of such observatories. The effects of outdoor lighting on the ligh L ht Pollution pollution over the observatories is strongly dependent on the distance of those lights from the observatories; therefore, three Astronomical Zones are hereby established, Web Links allowing increased flexibility in the uses of outdoor lighting farther from the Classifieds observatories. Cochise cou"t 10-08-002-0002. APPLICABILITY Feedback Newsletter A. NEW NEW USES, BUILDINGS AND ADDITIONS: All proposed new land uses, Constitution buildings, structures, or building additions of twenty-five (25) Non -Profit Inc. percent or more in terms of additional dwelling units, gross floor area, seating Treasurer capacity, or other units of measurement specified herein, either with a single Report addition or cumulative additions subsequent to the effective date of this provision, August 5, 1999, shall meet the requirements of this Division for the Update entire property. This includes additions which increase the total number of required parking spaces by twenty-five (25) percent or more. For all building Yoi.i are esteemed additions of less than twenty-five (25) percent cumulative, the applicant shall visitor only have to meet the requirements of this Division for any new outdoor lighting provided. http://c3po.cochise.cc.az.us/astro/pollutionO6p.htm 11/24/2003 Flagstaff Arizona Light Pollute" Code Page 2 of 13 since May 18, 2000 CHANGE OF USE/INTENSITY: Except as provided in subsection C below, whenever the use of any existing building, structure, or premises is changed to Contact s At: a new use, or the intensity of use is increased through the incorporation ofail: email: l i a additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein, and which change of use or intensification of asttronomy ClubAstronomy Mailing Address: use creates a need for an increase in the total number of parking spaces of 2310 E. Suma Drive twenty-five 25 percent or more either with a single change or cumulativeY- ( ) p g g Sierra Vista, AZ changes subsequent to the effective date of this provision, August 5, 1999, then 85650 all outdoor lighting facilities shall meet the requirements of this Division for the entire property, to the maximum extent possible as determined by the President: Planning Director. For changes of use or intensity which require an increase in Frank Zizza parking of less than twenty-five (25) percent cumulative, the applicant shall only have to meet the requirements of this Division for any new outdoor Webmaster: lighting provided. Doug Snyder 520)366-5788 C. NONCONFORMING USES, STRUCTURES OR LOTS: Whenever a nonconforming use, structure or lot is abandoned for a period of one hundred eighty (180) consecutive days and then changed to a new use according to the requirements of Sections 10-10-005-0003 and 0004 of this Code, then any existing outdoor lighting shall be reviewed and brought into compliance as necessary for the entire building, structure or premises, to the maximum extent possible as determined by the Planning Director. 10-08-002-0003. APPROVED MATERIALS AND METHODS OF CONSTRUCTION OR INSTALLATION / OPERATION: A. C. Preferred Source - Low-pressure Sodium (LPS) lamps are the preferred illumination source throughout the city; their use is to be encouraged, when not required, for outdoor illumination whenever its use would not be detrimental to the use of the property. Uses that can turn off their outdoor lighting during night hours are to be encouraged in Astronomical Zone I (Section 10-08-002-0004); those which require all night illumination are to be discouraged. The provisions of this Division are not intended to prevent the use of any design, material or method of installation or operation not specifically prescribed herein, provided any such alternate has been approved by the Planning Director. The Planning Director may approve any such proposed alternate provided he/she finds that it: 1. Provides at least approximate equivalence to the applicable specific requirements of this Division; and 2. is otherwise satisfactory and complies with the intent of this Division. 10-08-02-0004. ESTABLISHMENT OF ASTRONOMICAL ZONES: http://c3po.cochise.ec.az.us/astro/pollutionO6p.htm 11/24/2003 Flagstaff Arizona Light Pollut ,. Code Page 3 of 13 k OB Three Astronomical Zones are hereby established: Zone I is in two parts centered at the observatories located on Anderson Mesa (Lowell Observatory) and west of Flagstaff (Naval Observatory); the outer boundary of Zone I is set at approximately two and one-half (2.5) miles from these observatories. Zone I' extends from the outer boundary of Zone I to approximately seven miles from the observatories. Zone III is all remaining property within the City limits. These Zones are shown in Illustration 10-08-002-0004, the Astronomical Zone Map, and by this reference made a part hereof. A parcel located in more than one of the described Zones shall be considered tc be only in the more restrictive Zone. 10-08-002-0005. GENERAL REQUIREMENTS, ALL ZONES: 01 a Ito E. F. G. Outdoor floodlighting by flood light projection above the horizontal plane is prohibited. All light fixtures that are required to be shielded shall be installed in such a manner that the shielding is effective as described in Chapter 10-14, Definitions, for fully or partially shielded fixtures. All light fixtures, except street lights, shall be located, aimed or shielded so as to minimize stray light trespassing across property boundaries. The installation, sale, offering for sale, lease or purchase of any mercury vapor light fixture or lamp for use as outdoor lighting is prohibited, except that until 1 January 1996, the provisions of this Subsection shall not apply to any replacement bulb. Search lights, laser source lights, or any similar high -intensity light shall not be permitted, except in emergencies by police and fire personnel or at their direction; or for meteorological data gathering purposes. Class 1 lighting may continue only until 9:00 pm or for as long as the area is in active use. See Table 10-08-002-0005 and Chapter 10-14, DEFINITIONS, for an explanation and use of the different classes of lighting. Any lamp type that has been determined to emit substantial non -visible radiation, as determined from manufacturer's specifications or photometric test, requires a filter that blocks this non -visible radiation. Examples of such lamps include, but are not limited to, Quartz -Halogen and fluorescent. For infrared security lighting, see Section 10-08-002-0010. http://c3po.cochise.ce.az.us/astro/pollution06p.litm 11/24/2003 Flagstaff Arizona Light Pollux , Code Page 4 of 13 a I. J. la L. Illumination for outdoor recreation facilities must conform to the shielding requirements of Table 10-08-002-0005 below, except when such shielding would interfere with the intended activity. For such facilities, partially -shielded luminaires are permitted. Examples of activities where partially -shielded luminaires are permitted include, but are not limited to, baseball, softball, and football. Specifically, tennis, volleyball, raquetball and handball courts and swimming pools must utilize fully -shielded luminaires. Where fully -shielded luminaires are required, the light fixtures must also conform to the requirements of Subsection C above regarding light trespass. Multi -class lighting must either conform to the lamp -type and shielding requirements of the most strict class, as shown in Table 10-08-002-0005, or conform to the time limitations of the least strict class. External illumination for signs shall conform to the provisions of this Division. On projects where an engineer or architect is required, the developer shall verify in writing to the City that all outdoor lighting was installed in accordancc with the approved plans. Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance with sections 10-08-002-0006A, -0007A and -0008A of this Division, the light emitted from outdoor light fixtures is to be included in the total output as follows: 1. Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides of buildings or other structures, when not shielded from above by the structure itself as defined in paragraphs 2 and 3 below, are to be included in the total outdoor light output by simply adding the lumen outputs of the lamps used; 2. Outdoor light fixtures installed under canopies, building overhangs, or roof eaves where the center of the lamp or luminaire is located at least five (5) feet but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one -quarter (1/4) of the lamp's rated lumen output; 3. Outdoor light fixtures located under the canopy and ten (10) or more feet from the nearest edge of a canopy, building overhang, or eave are to be included in the total outdoor light output as though they produced only one -tenth (1/10) of the lamp's rated lumen output. Service Station Canopy Lighting. In addition to the calculations for paragraph http://c3po.cochise.cc.az.us/astro/poIlution06p.htm 11/24/2003 Flagstaff Arizona Light Pollute- Code Page 5 of 13 N. L.2 and 3 above, the following requirements apply to service station canopies: 1. All luminaires mounted on the under surface of service station canopies shall be fully shielded and utilize flat glass or flat plastic (acrylic or polycarbonate) covers. 2. The total light output used for illuminating service station canopies, defined as the sum of all under -canopy initial bare -lamp outputs in lumens, shall not exceed forty (40) lumens per square foot of canopy in Zones II and I11, and shall not exceed twenty (20) lumens per square foot in Zone I. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface of the canopy and auxiliary lighting within signage or panels over the pumps, is to be included toward the total. Neon lighting is permitted, so long as lumen calculations from such lighting arf included in the total lumen calculations for the site, required by this section. Lumens are calculated on a per foot basis, rather than per "fixture." Such lighting shall also be subject to the shielding requirements of this section, unless exempted by Table 10-08-002-0005. Table 10-08-002-0005 TABLE OF LAMP SOURCE AND SHIELDING STANDARDS IR901MVISM Class 1 lighting (Color Rendition): ZONE I ZONE II ZONE III Low-pressure Sodium above 4,050 lumens F F F Others above 4,050 lumens X F F All types below 4,050 lumens F* F P Class 2 lighting (General Illumination): Low-pressure Sodium above 4,050 lumens F F F Others above 4,050 lumens X X*** X*** All types below 4,050 lumens F*/** F** F** Class 3 Lighting (Decorative): Low-pressure Sodium above 4,050 lumens F F F Others above 4,050 lumens X F F All types below 4,050 lumens F* A A Use Code: A = Unshielded lights allowed; shielding not required but highly recommended. (Unshielded and/or partially shielded lights limited to a maximum of 5,500 lumens per net acre). F = Allowed, fully shielded P = Partially shielded lights allowed. (Partially and/or unshielded lights limited to a maximum of 5,500 lumens per net acre). X = Prohibited, except as noted. Non-LPS lights in Zone I are limited to a maximum of 5,500 http://c3po.cochisc.cc.az.us/astro/pollutionO6p.litm 11/24/2003 Flagstaff Arizona Light Polluti, Code Page 6 of 13 lumens per net acre. Exception: lamps emitting no more than 4,720 lumens used for each single-family dwelling or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirement. This is equivalen to four (4) 75-watt incandescent bulbs. Single -Family attached units (e.g. townhouses), and multi -family residential units are limited to 50% of this amount, or 2360 lumens of unshielded lights per unit. Non-LPS lights are permitted if outdoor light fixtures are full, shielded and located under and five (5) or more feet from the nearest edge of a canopy, building overhang, or eave. Examples of lamp types of 4050 lumens and below are (the acceptability of a particular light is decided by its lumen output, not wattage; check manufacturer's specifications): 1. 200 Watt Standard Incandescent 2. 150 Watt Tungsten -Halogen (quartz) 3. 50 Watt High Pressure Sodium 4. 50 Watt Cool White Fluorescent 5. 30 Watt Low Pressure Sodium 10-08-002-0006. SPECIAL REQUIREMENTS, ZONE I: A. Total outdoor light output (excluding streetlights used for illumination of public rights -of -way) of any development project in Zone I shall not exceed 25,000 lumens per net acre, averaged over the entire project. Non-LPS lighting permitted in Table 10-08-002-0005 is limited to a total of 5,500 lumens per net acre, except that lamp(s) emitting no more than 4,7201umens per single family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 10-08-002-0005, though they must conform to all other applicable restrictions. Single -Family attached units (e.g. townhouses), and multi -family residential units are limited to 2360 lumens of unshielded lights per unit. LOU Outdoor recreational facilities are not subject to the lumens per net acre limit set in this Subsection. However, no such facility in Zone I shall be illuminated after 9:00 pm, except to conclude a scheduled recreational or sporting event in progress prior to 9:00 pm. C. Outdoor internally illuminated advertising signs shall be constructed with an opaque background and translucent letters and symbols. (Opaque means that the material must not transmit light from an internal illumination source.) Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in this Section. Such signs shall be turned off at 9:00 pm or when the business closes, whichever is later. rol http://c3po.cochise.ce.az.us/astro/pollutionO6p.htm 11/24/2003 Flagstaff Arizona Light Pollute Code Page 7 of 13 Class 3 lighting must be extinguished at 9:00 pm or when the business closes, whichever is later, except that low -wattage holiday decorations may remain on all night from November 15 through January 15. 10-08-002-0007. SPECIAL REQUIREMENTS, ZONE II: A. C. In Total outdoor light output (excluding streetlights used for illumination of publi( rights -of -way) of any development project in Zone II shall not exceed 50,000 lumens per net acre, averaged over the entire project. Furthermore, no more than 5,5001umens per net acre may be accounted for by lamps in unshielded or partially -shielded fixtures permitted in Table 10-08-002-0005, except that lamp s) emitting no more than 4,720 lumens per single family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 10-08-002-0005, though they must conform to all other applicable restrictions. Single -Family attached units (e.g. townhouses), and multi -family residential units are limited to 2360 lumens of unshielded lights per unit. Outdoor recreational facilities are not subject to the lumens per net acre limit set in Subsection 10-08-002-0007.A. However, no such facility in Zone II shall be illuminated after 11:00 pm, except to conclude a scheduled recreational or sporting event in progress prior to 11:00 pm. Outdoor internally illuminated advertising signs shall be constructed with an opaque background and translucent letters and symbols, or with a colored (not white, cream, off-white, or yellow) background and lighter letters and symbols. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in this Section. Such signs shall be turned off at 11:00 pm or when the business closes, whichever is later. Class 3 lighting must be extinguished at 11:00 pm or when the business closes, whichever is later, except that low -wattage holiday decorations may remain on all night from November 15 to January 15. 10-08-002-0008. SPECIAL REQUIREMENTS, ZONE III: a Total outdoor light output (excluding streetlights used for illumination of publi( rights -of -way) of any development project in Zone III shall not exceed 100,000 lumens per net acre, averaged over the entire project. Furthermore, no more than 5,500 lumens per net acre may be accounted for by lamps in unshielded or partially -shielded fixtures permitted in Table 10-08-002-0005, except that lamp s) emitting no more than 4,720 lumens per single family dwelling unit or duplex dwelling unit for residential outdoor lighting purposes are exempt from the shielding requirements of Table 10-08-002-0005, though they must conform to all other applicable restrictions. Single -Family attached units (e.g. townhouses), and multi -family residential units are limited to 2360 lumens of http://c3po.cocliise.cc.az.us/astro/pollutionO6p.htm 11/24/2003 Flagstaff Arizona Light Pollutj- , Code Page 8 of 13 LOU C. unshielded lights per unit. Outdoor recreational facilities are not subject to the lumens per net acre limit set in Subsection 10-08-002-0008.A. However, no such facility in Zone III shall be illuminated after 11:00 pm except to conclude a scheduled recreational or sporting event in progress prior to 11:00 pm. Outdoor internally illuminated advertising signs shall either be constructed witl an opaque background and translucent letters and symbols or with a colored not white, cream, off-white or yellow) background and lighter letters and symbols. Lamps used for internal illumination of such signs shall not be included in the lumens per net acre limit set in the Subsection. Such signs shall be turned off at 11:00 pm or when the business closes, whichever is later. 10-08-002-0009. AIRPORT LIGHTING: Airport lighting which is required for the safe and efficient movement of aircraft during flight, takeoff, landing, and taxiing is exempt from the provisions of this Division. Lighting used for illumination of aircraft loading, unloading, and servicing areas is exempt from the lumens per acre limits of Subsections 10-08-002-0006.A, - 0007.A,-0008.A, although it must conform to all other requirements of this Division. All other outdoor lighting at airport facilities shall comply with the provisions of this Division. 10-08-002-0010. INFRARED SECURITY LIGHTING: Lights emitting infrared radiation used for remote security surveillance systems are exempt from the filtration requirements of Subsection 10-08-002-0005.G. Such lighting is permitted in all zones with the following restrictions: 0 Is Fixed lights must be fully -shielded. Moveable lights, such as spot lights attached to infrared -sensitive cameras, must be mounted such that the lights cannot be directed higher than twenty degrees below the horizontal, measured from the center of the light beam. 10-08-002-0011. APPLICATION REQUIREMENTS: FA Whenever a person is required to obtain a building permit, electrical permit for outdoor lighting or signage, a Conditional Use Permit, subdivision approval, or development plan approval by the City, including all City projects, or wheneve a person requests annexation or rezoning, the applicant shall, as a part of said application, submit sufficient information to enable the Planning Director to determine whether the proposed lighting will comply with this Division. The application shall include the following: http://c3po.cochise.ce.az.us/astro/pollutionO6p.htm 11/24/2003 Flagstaff Arizona Light Pollute - Code Page 9 of 13 C. 1. a site plan indicating the proposed location of all outdoor lighting fixtures and signs; 2. a description of each illuminating device, fixture, lamp, support and shield. This description may include, but is not limited to, manufacturer's catalog cuts and drawings (including sections where required), lamp types and lumen outputs; 3. photometric data, such as that furnished by manufacturers, or similar, showing the angle of cut-off of light emissions for the proposed luminaire(s); 4. such other information as the Planning Director may determine is necessary to ensure compliance with this Division. If the Planning Director determines that the proposed lighting does not comply with this Division, the permit shall not be issued or the plan approved. 10-08-002-0012. TEMPORARY LIGHTING PERMITS: a N The Planning Director may grant a permit for temporary lighting, as defined herein, if he/she finds the following: 1. The purpose for which the lighting is proposed is not intended to extend beyond thirty (30) days; 2. The proposed lighting is designed in such a manner as to minimize light pollution and trespass as much as is feasible; 3. The proposed lighting will comply with the general intent of this Division; 4. The permit will be in the public interest. The application for the Temporary Lighting Permit shall include the following information: 1. Name and address of applicant and property owner; 2. Location of proposed fixtures; 3. Type, wattage and lumen output of lamp(s); 4. Type and shielding of proposed fixtures; 5. Intended use of the lighting; 6. Duration of time for requested exemption; 7. The nature of the exemption; 8. Such other information as the Planning Director may request. The Planning Director shall endeavor to rule on the application within five (5) business days from the date of submission of the request and notify the applicant in writing of his/her decision. The Planning Director may grant one 1) renewal of the permit for an additional thirty (30) days if he/she finds that, because of an unanticipated change in circumstances, a renewal would be in the public interest. The Planning Director is not authorized to grant more than one 1) temporary permit and one (1) renewal for a thirty (30) day period for the same property within one (1) calendar year. 10-08-003-0013. NONCONFORMING USES: A. http://c3po.cochise.cc.az.us/astro/pollution06p.htm 11/24/2003 Flagstaff Arizona Light Pollute' Code Page 10 of 13 Mercury vapor lamps in use for outdoor lighting in Zones I, II and III on the effective date of this ordinance shall not be so used after 1 May 1996. B. Any construction permit which invokes Certificate of Occupancy requirements shall specify and require that any nonconforming sign, as to lighting, located within the boundaries of the development site authorized by said permit shall be brought into conformance with the provisions of this Division. Ca W No outdoor lighting fixture which was lawfully installed prior to the enactment of this ordinance shall be required to be removed or modified except as expressly provided herein; however, no modification or replacement shall be made to a nonconforming fixture unless the fixture thereafter conforms to the provisions of this Division. In the event that any nonconforming sign, as to lighting, is abandoned or is damaged, and the damage exceeds fifty (50) percent of the reproduction value, exclusive of foundations, to replace it, the sign shall be brought into conformance with the provisions of this Division. 10-08-002-0014. VARIANCES: Any person desiring to install an outdoor lighting fixture in violation of this Division may apply to the Board of Adjustment for a variance from the regulation in question, as provided for in Chapter 10 of this Code, as amended. 10-08-002-0015. CONFLICTING REGULATIONS: In the event of conflict between the regulations set forth in this Division and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern. 10-08-002-0016. VIOLATIONS AND ENFORCEMENT: It shall be unlawful to install or operate an outdoor light fixture in violation of this Division. Any person violating any provisions of this Division shall be guilty of a misdemeanor. Each and every day during which the illegal erection, maintenance and use continues is a separate offense. 10-08-002-0017. SEVERABILITY: If any of the provisions of this Division or the application thereof is held invalid, suct invalidity shall not affect other provisions or applications of the Division which can be given effect, and to this end, the provisions of this Division are declared to be severable. CHAPTER 10-14. DEFINITIONS: Abandonment. The discontinuation of use for a period of six months. Acreage, Net. The remaining ground area after deleting all portions for proposed and http://c3po.cochise.cc.az.us/astro/pollutionO6p.litiii 11 /24/2003 Flagstaff Arizona Light Pollut' Code Page 11 of 13 existing streets within a development or subdivision. Class 1 Lighting. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where COLOR RENDITION IS IMPORTANT to preserve the effectiveness of the activity. Class 2 Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where GENERAL ILLUMINATION for safety or security of the grounds is the primary concern. Class 3 Lighting. Any outdoor lighting used for DECORATIVE effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc. Development Project. Any residential, commercial, industrial or mixed use subdivision plan or development plan which is submitted to the City for approval. Direct Illumination. Illumination resulting from light emitted directly from a lamp o luminaire, not light diffused through translucent signs or reflected from other surface: such as the ground or building faces. Filtered Light. Light from a light source that is covered by a glass, acrylic or other cover that restricts the amount of non -visible radiation (infrared, ultraviolet) emitted by the luminaire (quartz glass does not meet this definition). Fully Shielded Fixture. An outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected below the horizontal as determined by photometric test or certified by the manufacturer. Installed Lighting. Attached, or fixed in place, whether or not connected to a power source. Lumen. The unit used to measure the actual amount of light which is produced by a lamp. Luminaire. The complete lighting assembly, less the support assembly. For purposes of determining total light output from a luminaire, lighting assemblies which include multiple unshielded or partially shielded lamps on a single pole or standard shall be considered as a single unit. Multi -class Lighting. Any outdoor lighting used for more than one purpose, such as security and decoration, such that its use falls under the definition of two or more classes as defined for Class 1, 2 and 3 Lighting. Opaque. Opaque means that material must not transmit light from an internal illumination source. http://c3po.cochise.cc.az.us/astro/pollutionO6p.htm 11 /24/2003 Y Flagstaff Arizona Light Pollute Code Page 12 of 13 Outdoor Light Fixtures. Outdoor electrically powered illuminating devices, outdoor lighting or reflective surfaces, lamps and similar devices, either permanently installed or portable, which are used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot and flood lights for: a. b. C. d. e. f. 9. buildings and structures recreational areas parking lot lighting landscape and architectural lighting billboards and other signs (advertising or other) street lighting product display area lighting Outdoor Light Output, Total. The maximum total amount of light, measured in lumens, from all outdoor light fixtures. For lamp types that vary in their output as they age (such as high pressure sodium), the initial output, as defined by the manufacturer, is the value to be considered. For determining compliance with sections 10-08-002-0006A, -0007A and -0008A of this Division, the light emitted from outdoor light fixtures is to be included in the total output as follows: 1. Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides of buildings or other structures, when not shielded from above by the structure itself as defined in paragraphs 2 and 3 below, are to be included in the total outdoor light output by simply adding the lumen outputs of the lamps used; 2. Outdoor light fixtures installed under canopies, building overhangs, or roof eaves where the center of the lamp or luminaire is located at least five (5) feet but less than ten (10) feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one -quarter (1/4) of the lamp's rated lumen output; 3. Outdoor light fixtures located under the canopy and ten (10) or more feet from the nearest edge of a canopy, building overhang, or eave are to be included in the total outdoor light output as though they produced only one -tenth (1/10) of the lamp's rated lumen output. Outdoor Recreation Facility means an area designed for active recreation, whether publicly or privately owned, including, but not limited to, baseball diamonds, soccer and football fields, golf courses, tennis courts and swimming pools. Partially Shielded Fixture. An outdoor light fixture shielded in such a manner that more than zero (0) but less than ten (10) percent of the light emitted directly from the lamp or indirectly from the fixture is projected at angles above the horizontal, as determined by photometric test or certified by the manufacturer. http://c3po.cochise.cc.az.us/astro/pollutionO6p.htm 11 /24/2003 r V lagstaff Arizona Light PollutCode Page 13 of 13 Person. Any individual, lessee, firm, partnership, association, joint venture, corporation, or agent of the aforementioned groups or the State of Arizona or any agency or political subdivision thereof. Planning Director. The Director of the Planning Division for the City of Flagstaff. Sign. Any medium, including its structure and component parts, which is used or intended for advertising purposes other than the painting on the surface of a building. Sign, Indirectly Illuminated. Any sign the facing of which reflects light from a source intentionally directed upon it. Sign, Internally Illuminated. Any sign which has the source of light entirely enclosed within the sign and not directly visible to the eye. Temporary Lighting. Lighting which does not conform to the provisions of this ordinance and which will not be used for more than one thirty (30) day period within a calendar year, with one thirty (30) day extension. Temporary lighting is intended fo uses which by their nature are of limited duration; e.g. holiday decorations, civic events, or construction projects. Use, Abandonment of. The relinquishment of a property, or the cessation of a use or activity by the owner or tenant for a period of six months, excluding temporary or short term interruptions for the purpose of remodelling, maintaining, or otherwise improving or rearranging a facility. A use shall be deemed abandoned when such use is suspended as evidenced by the cessation of activities or conditions which constitute the principle use of the property. Watt. The unit used to measure the electrical power consumption of a lamp. Huachuca Astronomy Club of Southeastern Arizona - Sierra Vista, Arizona http:// c3po.cochise.cc.az.us/astro/poIlLitionO6p.htm 11/24/2003 f: . Memo To: Planning and Zoning Commissioners From: Tambi Katieb, AICP, Community Development Ruth Borne, Director, Community Development Date December 28, 2003 Re: Review and Scheduling of Zoning and Design Review Application: Background: Staff has prepared this memo to clarify scheduling and :staff review time required for ,: ] applications, including design review, zoning, SRU, variances, etc. It is important to -note that both the Zoning Code and the Town of Avon Residen-.:ial, Commercial, and Industrial Design Review Guidelines set minimum review times, allowing staff to conduct a thorough and complete review of all applications prior to scheduling them for hearing. Similarly, all applications that ara tabled typically require a 're -review' for completene ., and sufficiency, which means they must be tabled a minimum of two Commissir_-n meetings or thirty (30) days, unless staff specifically recommends otherwise. Though we work hard to process all applications in an &xpeditious manner, the increase in active applications, the additional scrutiny with which we evaluate projects and overall scope of the projects prevent us from 'fast tracking' any applications To summarize, our review schedule is as follows: Zoning Applications Section 17.12.100(A) of the Town Zoning Code provides that all filed applications be scheduled for hearing "not more than thirty (30) days after filing of the application". Tc clarify, all applications are scheduled within this time frame on l r after they have been reviewed and accepted as complete applications. The completeness review averages seven (7) days. Although some reviews are purely administrative, the week time frame for completeness is necessary to review and communicate in writing deficiencies in the submitted applications. Completeness review is not to be confused with sufficiency of the applications. When a filed application has been accepted as complete and scheduled for a hearing date, the sufficiency review of the application may cause staff (and/or the applicant) to request a tabling in order to review or verify information contained within the application. Likewise, when an application is tabled at a hearing by the Commission to change and resubmit plans, the standing practice is to table it for two meetings ahead. In other words, if the application is tabled for the next meeting it only allows the applicant and staff one day to amend the plans, submit, and review the revisions. Design Review Applications Section 7 of the Town of Avon Residential Commercial, and Industrial Design Review Guidelines states: The length of the design review process, from the acceptance of a complete application by Staff to the actual hearing, shall provide the Town with a minimum review time of 21 working days. Scheduling requirements, timelines, and commitment goals ... may be updated periodically." The former practice of allowing two weeks (10 working days) for design review applications can no longer be met by the Community Development Department. This former practice and the "Tuesday submittal" schedule have not formally existed since the adoption of our new design guidelines in 2001. We continue reviewing designs on increasingly difficult properties. As a result, staff must strictly adhere to the scheduling allowances provided for in the guidelines. Likewise, with all zoning applications, the standing policy is to table applications for hvo meetings to allow sufficient time for staff review and revisions or until otherwise determined complete. Minor projects or minor modifications will continue to be processed by staff and the Commission with shorter timelines where possible. Summary: It is essential we begin to enforce the scheduling requirements of both the Zoning Code and the Design Review Guidelines. It is equally important to allow staff a realistic review opportunity to evaluate revised applications when tabling an application. Our current planning work continues to dramatically increase and with the addition of the Comprehensive Plan update over the next year, we will be especially busy. We want to avoid any confusion on scheduling that may result in costly delays to the construction and development community. At the same time, we do not want to 'rush' applications through the process and create developments that detract from the community. 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BOX 97 P:\T,- WI\\:'PI'\f••4;—,rarling-0.dwg, 'i/25/i10.i T:55:'6 PM, HP I51,i—I :ma;ral'.•c.i 7445. E ............................... I I I 7yy 7445. 7 ........ I f ,. xI1551I II R 7445.8 _8... _ N F a I D n y 7446.0... 5t mlll N 7446,8 i ; Lk, 0 g ole O 8 i ols o g o 744 .0 ..,... I O I R 111 Z0D Di F o 7N 6 ........... 1 Nrm0 j) C $ Ill s ' 7441, ;.........: J_...f _..._.F._...K. ... m 8g 7441, 6 o e7441. E 8 k I N m DESICCED LCW DRAWD LCW CHECKED CDP JOB 00. 84259 DATE 10-31-03 00. DATE REV151005 BY MO TRUCK SITE 1 11-20-03 REVISED SKETCH PLAD LCW 2 12- 3 REVISED SKETCH PLAO LCw 3 3- 12-23-03 REVISED SKETCH PLAD LCW P:\ \:iPI'\P1,.—,rrelin._I—D.dwj! T:40:91 PH, HP IruPr,let 5Si—I,in d;rrgP.l'• 3 DESIGNED LCW cn DRAWN LCW m m CHECKED GDP JOB NO. 84259 DATE 10-31-03 8o0 Vol Z R R o y3 0 O 808 DATE REVISIONS BY MOUNTAIN CENTERRVIKTHPLANW R VISKETCH P AN W 23-03 REVISED K T H PLAN TRUCK LOADINQ. DOCK ADDITION WB50 TRUCK TURNING MOVEMENTS (SEAL) ENGINEERING i ru i/i3/7773')':44:43 PIA, HP Ios-r.lF't SSi—IcuTd.; al•.::3 co 0 D r m DESIGNED LCW N1 DATE REVISIONS By MOUNTAIN CENTER111-20-03 REVISED SKETCH PLAN LCW A DRAWN LCW 2 12-9-03 REVISED SKETCH LAN LCW n = CHECKED GDP 3 12-23-03 REVISED SKETCH PLAN LCW TRUCK LOADING DOCK ADDITIONm roe NO. 84259 ENGINEERING INC WB62 TRUCK TURNING MOVEMENTSDATE11-20-03 ( SEAL) 1 1 I I 1 I I t I I I 11 I I 1 I I 1 I m mTT 1 rr 1 I 111 0 B I I 4- WON` To-ml nnu 0 0 MASTER PLANNING FOR a MOUNTAIN CENTER VAIL RESORTS DEV. CO. o a OD Q C AVON COLORADO 81620 o ® o 0 4 t ' rNti it o I, 0 m rri I co 0 II I II I I I I III II Lill" I - - N fit I I MASTER PLANNING FOR 7E' MOUNTAIN CENTER VAIL RES ORTS DEV. CO. AVON COLORADO 81620 a. IIIIII I III ® d ro ti ism es w ws E, PWA LINE WpfI tot - co O • I SDI MASTER PLANNING FOR MOUNTAIN CENTER3 VAIL RESORTS DEV. CO. AVON COLORADO 81620 m 1 T b •Qi N o a a Q K I T IIII IIII II II o o. — o e, a o g A. il MASTER PLANNING FOR MOUNTAIN CENTER VAIL RESORTS DEV. CO. AVON COLORADO 81620 II IIIIII II m O s O _ rn Qw cn c r m z n O O Z n O 710 cn n 0 v C n m r n A O Z N IV b W rn rn m2-4 a9 s MASTER PLANNING FOR MOUNTAIN CENTER VAIL RESORTS DEV. CO. AVON COLORADO 81620 II IIIiilll ll _ e T o IIII IIIII ti a to cry eNs e. N fR 0 0 0 0 1 i 4 i D 1 i1 glagR' E 31f a i>[ gi Pjj HN !!! 111111111 Fj aa===a s8'e rAlzp s a•Kl e;atlad';p8 saa aa aaQ 9 6lE;i!=a a;5 N will 1P.41111t,110liq 'I'll) a I a I I I I a it 41 r Jill i ae t i; pr 0000000 r ooQ44o4 r ^ Nu Z Z 2Z WIJ WN Z DD >> m X m m m 0 A C z_ cn ( C) O-m- I z : Is ( 3 O n ' Z O ®/ m r- Z > Z C 0<; 0 0 O m O Z <, M c r z O s) m MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT T d. •O O TRACT STORAGE FACILITY o AVON COLORADO 81620 IIIIIIIIII e m e ti o M L, vo C coo Z T y y C P -. 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LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 o. R7 3.0o $ D o e "'omS Q I 8 Q 8 ® m MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 0 o> c T 6 fA C-0 CS O O b ® O 0I I 11 I 1 I I II 1 I I I 11 I I 11 I 1 I II II F- I I I 11 1 1 I I II I I 1 I I I II I 1 I 1 11 I t 1 I I I I I m LJ MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT STORAGE FACILITY AVON COLORADO 81620 I I I I I I I I I I I I I I I I V 1 I I 1 I o lluu e MOUNTAIN STAR FILING No. 3 s LUND / 1CL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 1 I 0 A mh LIKE e MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 m i 1'r1 o MEMO tl Ir e MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 I I I I I I L- I II I I I 1 I I I I I I 1 I 015 I I I UuU Q ^o UUu K MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 e0 o. o e O m 0 y CJ n U3 s c— r — rn i Q a D 1 rn cn 4 m r— m 1> 4 O z L.T gel 1; 4 Q AAil a rn to Rj 4 o 111 11 1 MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 II IIIIII II o a o. n a T O. f0 o =cam m C.,o o00®m®®®®®®®® Q ga H I rn GIs I k a Z 11 il H I I to, MOUNTAIN STAR FILING No. 3 LUND / 1CL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 0 03 u I' II I I 1 I II I I I III it I I I II I I I 1 I II I I I I I II I I I I I I u I III 1 I I I II I I I II III I I I 11 I I 1 I I II I I I I I I I I I I I I MOUNTAIN STAR FILING No. 3 LUND /TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 I I I 0 o e MOUNTAIN STAR FILING N0.3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY ei AVON COLORADO 81620 N 0 o e MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT g TRACT'Y' STORAGE FACILITY e: AVON COLORADO 81620 w B I I I I I I 1 I I I I os s.s N SNo a O y R 1 LJ I I I 0 C Qo r e MOUNTAIN STAR FILING No. 3 LUND / 1CL REALTY DEVELOPMENT TRACT Y' STORAGE FACILITY e: ` AVON COLORADO 81620 Gv 0 0 e MOUNTAIN STAR FILING No. 3 LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 g u m T T I r rn I I I m I------- I I I I 000®®0®®0®1*64) 0 MOUNTAIN STAR FILING No. 3 s LUND / TCL REALTY DEVELOPMENT TRACT'Y' STORAGE FACILITY AVON COLORADO 81620 ti o