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PZC Packet 010312Staff Report To: Planning and Zoning Commission From: Matt Pielsticker,Planner l� Date: January 3, 2012 Meeting vv�� Re: PUBLIC HEARING to consider Resolution 12-01, recommending an amendment to the Avon Development Code (ADC), Table 7.24.1 Allowed Uses, to allow Child Care Centers as special review uses in the Industrial Commercial (IC) & Public Facilities (PF) zone districts, and to ADC, Sec 24.060(c) Use -Specific Regulations, to require additional standard related to the safety of the occupants and the external impacts of the facility. Summary This is a public hearing before the Avon Planning and Zoning Commission (PZC) to consider Resolution 12-01: Recommending an Amendment to Title 7 of the Avon Development Code, to include Commercial Child Care as a Special Review Use in the Industrial Commercial (IC) & Public Facilities (PF) zone districts, with additional Use -Specific Regulations for such facilities. (Exhibit A) Background On November 8, 2011, the Town Council initiated an amendment to the Avon Development Code (ADC) to include Child Care Centers as special review uses in the Industrial Commercial (IC), Public Facilities (PF), and Open Space, Landscaping, and Drainage (OLD) Zone Districts. Child Care Centers & Zoning > The ADC permits Child Care Centers as Special Review Uses in the Medium and High Density Residential Districts; as well as the Neighborhood Commercial (NC), Mixed -Use Commercial (MC) And Town Center (TC) Zone Districts. Child Care Centers are not permitted in the following zone districts: • Residential Duplex (RD) • Low -Density Residential (RL) • Light Industrial and Commercial (IC) • Parks (P) • Public Facilities (PF); and • Open Space (OLD). The ADC defines a Child Care Center as: " ..a facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated education purposes. The term includes, but is not limited to, facilities commonly known as day-care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, centers for developmentally disabled children and those facilities which give twenty- four hour per day care for dependent and neglected children, but specifically excludes any family -care home as defined in this Code. Child care centers are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term January 3, 2012 PZC Meeting Page 1 Child Care Amendments PUBLIC HEARING shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades so long as the school system is not also providing extended day services. > Commercial Child Care facilities must also comply with the following Use -Specific Regulations (ADC, Sec 24.060(c): a. All child care centers, regardless of type or size, shall meet the applicable licensing requirements of the Colorado Statutes (C.R.S. §26-6-102 et. seq.) and the Regulations of the Colorado Department Human Services (12 CCR 2509-9); and b. A child care center shall provide one off-street parking space per employee and a child loading/unloading area of adequate dimensions, preferably off-street. Proposed Amendments The Town Council has proposed to amend the ADC to allow Child Care Centers as Special Review Uses in following zone districts: Light Industrial and Commercial (IC); Public Facilities (PF); and Open Space, Landscaping and Drainage (OLD). Below is a brief synopsis of the three zone districts. The Avon Zoning Map is attached as Exhibit B. > Light Industrial Zone District The intent of the Light Industrial and Commercial (IC) Zone District is to "...provide for a variety of business, including warehouses, research and development firms, repair shops, wholesale distributors and light manufacturing. This district may include supporting office and commercial uses where appropriate." Uses permitted by right in the IC Zone District include: warehouses, material supply stores, vocational and trade schools, convenience retail and offices. Special Review Uses include: public and private utility facilities, sexually -oriented business, religious assembly, dog kennels, veterinary clinics and accessory dwelling uses that support primary industrial/commercial uses. > Public Facilities (PF) Zone District The PF district is intended to provide sites for public uses such as community centers, police and fire stations, and governmental facilities. Avon Town Hall, Recreation Center, Fire Station, Library, Swift Gulch Facilities, Avon Elementary School, and the Water and Sanitation District Facilities are all zoned Public Facilities. > Open Space, Landscaping, and Drainage (OLD). The OLD district is intended for areas that will be public or private undeveloped open spaces. There are two large tracts of open space north of 1-70 with this zoning designation. The Avon West Parcel (470 acres) is part of the USES Land Exchange and will likely be encumbered by a conservation easement prohibiting development on the site. The other tract of OLD land is north of Nottingham Rd and Buck Creek. This was designated as opens space with the original Benchmark PUD. Portions of the Eagle River and Eco -trail are also zoned OLD. PZC Recommendations The PZC reviewed the proposed amendment at two work sessions held on December 6 and December 20, 2011. The PZC determined that child care should not be included as a special review use in the OLD Zone District because this district is intended for undeveloped open space. The PZC agreed that January 3, 2012 PZC Meeting Page 2 Child Care Amendments commercial child care should be a special review use in both the Industrial Commercial and the Public Facilities zone districts in order to encourage more opportunities and options for child care in the community. Use Specific Regulations for Child Care Given the potential conflicts between child care facilities and some industrial and commercial uses; the PZC also agreed to include additional Uses -Specific Regulations (ADC, Sec 24.060(c)) that related to the safety of the occupants of the facility and the external impacts of the facility: C. As a principle Use, the facility must meet the following standards: (1) Outdoor recreation (i) Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area; (ii) Not be within a required building setback; (iii) Not be closer than 15 feet to the edge of a vehicular public right-of-way. (iv) Not be within a parking area. (2) Parking areas and vehicular circulation patterns (A) Enhance the safety of children as they arrive at and leave the facility. (ii) Include a traffic management plan which includes a designated pickup and delivery area. (iii) Locate all vehicle stacking lanes on site with an on-site turnaround or have separate points for vehicle ingress and egress. (3) Outdoor play activities are subject to PZC approval and must be compatible with surrounding land uses. d. If not located in a stand-alone building: (i) The facility shall be located on the first floor of a principal structure; and (ii) The facility shall be separated (including restrooms) by a physical barrier from the remaining portion of the building in which it is located. e. As an Accessory Use the facility must meet the standards above, plus: (i) Comply with Section 7.24.070, Accessory Uses and Structures; and (ii) Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking and similar considerations. Zoning Text Amendment — Review Criteria Pursuant to ADC Section 7.16.040, Code Text Amendments, the PZC and Town Council shall use the following review criteria as the basis for recommendations and decisions on applications to amend the text of the ADC: 1. The Text amendment promotes the health, safety and general welfare of the Avon Community, Staff Response: Allowing child care centers to operate in a variety of locations throughout the community will provide greater options for employers that may want to offer day care to their employees, and more conveniently -located child care near existing residences and businesses. The SRU process will continue to provide a reasonable regulatory framework for the management of child care facilities on private property and will help assure the protection of the public interest. 2. The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; January 3, 2012 PZC Meeting Page 3 Child Care Amendments PUBLIC HEARING Staff Response: Policy C.1.6 (Land Use): "Include sufficient land for public uses such as schools, recreation, community facilities (such as childcare), and government services near the people who use them." Including child care centers in the Public Facility Zone District supports this comprehensive plan policy. Goal EA (Economic Development): "Ensure that there is a positive environment for small U11 d[ iuw. 3. The text amendment promotes or implements the purposes stated in the Development Code; Staff Response: This text amendment is intended to provide assurance to the community that child care centers will be compatible with their locations and surrounding land uses; and Will further the purposes of the ADC. This text amendment is specifically endorsed by Section 7.04.030 (g), Purposes, ADC, by promoting "sufficient, economical and high-quality public services and public facilities." 4. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Resoonse: In response to changing conditions and the proven compatibility of existing child care facilities in the IC and PF zone districts, this amendment will provide additional options for child care facilities in the community. Exhibit A: Resolution 12-01 'Singer Penny, "Caring for Children at the Work Site." New York Times. August 5, 1990. January 3, 2012 PZC Meeting Page 4 Child Care Amendments PUBLIC HEARING Exhibit A TOWN OF AVON, COLORADO PLANNING AND ZONING COMMISSION RESOLUTION 12-01 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7 OF THE AVON DEVELOPMENT CODE; TO ALLOW CHILD CARE CENTERS AS SPECIAL REVIEW USES IN THE INDUSTRIAL COMMERCIAL (IC) AND PUBLIC FACILITIES (PF) ZONE DISTRICTS, WITH ADDITIONAL USE -SPECIFIC REGULATIONS WHEREAS, on November 6, 2011 the Town Council initiated an amendment to the Avon Development Code (ADC) to allow Child Care Centers as Special Review Uses in the Industrial Commercial (IC), Public Facilities (PF), and Open Space, Landscaping, and Drainage (OLD) zone districts, in accordance with Section 7.16.040, Zoning TextAmendments, ADC; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public hearing on January 3, 2012 after publishing notice of such hearing in accordance with the requirements of the ADC, and considered all comments provided before taking action to make a recommendation to the Town Council; and WHEREAS, it is the Planning and Zoning Commission's opinion that the amendments will promote the health, safety and welfare of the citizens of the Town of Avon; and WHEREAS, the Planning and Zoning Commission has considered the following review criteria set forth in Section 7.16.040(c), Code Text Amendments, ADC: 1. The Text amendment promotes the health, safety and general welfare of the Avon Community; 2. The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; 3. The text amendment promotes or implements the purposes stated in the Development Code; or 4. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the following amendments to Title 7 of the Avon Municipal Code: 7.24.060 Special Review Uses (c) Public and Institutional Uses — Child Care Center (1) All child care centers, regardless of type or size, shall meet the applicable licensing requirements of the Colorado Statutes (C.R.S. §26-6-102 et. seq.) and the Regulations of the Colorado Department Human Services (12 CCR 2509-9). 2) As a DrinciDle Use, the Child Care facilitv must meet the followine standards (A) Outdoor Recreation Use. G) Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area, (ii) Not be within a required building setback-, Table 7.24-1 Allowed Uses P=PennittedUse S =Special ReviewUse Districts in GREYare retired and not available for rouoning Use Category Use Ty Residential Non-Residential Use-Specific Regulations RD RL R111 PH C 11C hic TC SC P PF IC OLD Residential Uses Household Living Dn-Ring: Single -Family Detached P P Dwelling, Two-Famly, Duplex P P P Dwelling, Townhouse P P P P P Dwelling, Multi-family P[l] P P P P [1] Limited to eight units per binding in Rini Dwelling, Lne'Work S S S S S S AccessoryDU S S S Group Living Group Homes S S S S S S 724.060 Retirement home, nmsmg home, of assisted living facility S S S S S S Accommodation Bed audbreakfastimu S 5 S S S P P P -rwging P P P Public and Institutional Uses Community Art gallery or museum P P P P P Services Community centers S S S P P P P P P Lubrary P 724.050(a) Govemmmt seances, offices and &Clines P P 724.050(a) P Post office branches P Religious assembly S S S S S S S S S S Day Care Preschool, Nursery School S S S S S S S 714.060(c) Child care, in home S S S S S S 724.060 c Child care center S S S S S S S 724.060(c) Educational Facilities College or university (non- exempt) S P S P P 724.050(a) School,K 12 (public and pm-&) P P P P P P P 724.050(a) Scliool'tocationg-w-hincti and trade P P P 724.050(a) Padcs and en Ar�rm or botanical garden S P P P I 724.050 7.24.060 Special Review Uses (c) Public and Institutional Uses — Child Care Center (1) All child care centers, regardless of type or size, shall meet the applicable licensing requirements of the Colorado Statutes (C.R.S. §26-6-102 et. seq.) and the Regulations of the Colorado Department Human Services (12 CCR 2509-9). 2) As a DrinciDle Use, the Child Care facilitv must meet the followine standards (A) Outdoor Recreation Use. G) Be enclosed by a fence which allows air and light to penetrate it and be capable of containing each child using the area, (ii) Not be within a required building setback-, iii) Not be closer than 15 feet to the edge of a vehicular nublic richt-of- way. (iv) Not be within a parking area. (3) Parking Areas and Vehicular Circulation Patterns: (i) Enhance the safety of children as they arrive at and leave the facilit. (ii) Include a traffic management plan which includes a designated pickup and delivery area. (iii) Locate all vehicle stacking lanes on site with an on-site turnaround or have separate points for vehicle ingress and a ess. (4) Outdoor Play Activities are subject to PZC approval and must be compatible with surrounding land uses. (5) If not located in a stand-alone building: (i) The facility shall be located on the first floor of a principal structure; and (ii) The facility shall be separated (including restrooms) by a physical barrier from the remaining portion of the building in which it is located. (6) As an accessory use the facility must meet the standards above, plus: (i) Comply with Section 7.24.070, Accessory Uses and Structures; and (ii) Be compatible with adjacent land uses in terms of hours of operation, noise, lighting parking and similar considerations. (27) A child care center shall provide one off-street parking space per employee and a child loading/unloading area of adequate dimensions, preferably off-street. (3) Home day cares shall an adequate and safe drop off area which may be private driveway or on the street providing that the drop off does not impede normal neighborhood traffic flow or parking. ADOPTED THIS 3rd DAY OF JANUARY, 2012. SIGNED: Chris Green, Chair ATTEST: Scott Prince, Secretary Staff Report — Major Design and Development Plan/AEC January 3, 2012 Planning & Zoning Commission Meeting A Report date December 30, 2011 Project type New Residential Construction — 1 Single Family Residence Legal description Lot 9, Block 5, Wildridge Subdivision Zoning Planned Unit Development (PUD) — 8 Units Address 1015 W Wildwood Road Prepared By Jared Barnes, Planner I Summary of Requests The Applicant, Michael Pukas, representing WildAvon Enterprises LLC (the Owner), has submitted a Major Design and Development application, and an Alternative Equivalent Compliance (AEC) application for a new single-family residence on Lot 9, Block 5 of the Wildridge Subdivision, also described as 1015 W Wildwood Road (the Property). The Owner is proposing to develop Phase III of the Wildstar Development, which includes one (1) single-family residence with vehicle access from a shared private driveway. An AEC application has also been submitted for a modified roof pitch. The Planning and Zoning Commission (PZC) has previously approved three (3) single-family units in Phases I and four (4) single-family residences in Phase II of the development. The PZC also approved an AEC requests for reduced building separation, reduced landscaping units, and waived the bicycle parking requirement. Property Description The Property is 1.539 acres with frontage on W. Wildwood Road on both the eastern and western property lines. The Property slopes uphill from west to east with the steepest portions of the lot adjacent to both property lines and public ROWs. In addition to typical setbacks and easements, development is restricted by a Roadway Cut and Fill Slope Easement that runs parallel to the property lines on the east and west sides of Lot 9, Block 5, Wildridge Subdivision. The surrounding uses are all multi -family structures, with the exception of the Eagle River Water and Sanitation District (ERWSD) property to the east of the Property along W. Wildwood Road. The shared driveway and five (5) of the seven (7) single-family structures in Phase I and II of this development are under construction. Planning Analysis Allowed Use and Density. The Property is zoned for eight (8) residential dwelling units, seven (7) of which have been previously approved. The Wildstar Development was approved by the PZC for eight (8) single-family residences on a condominium plat. This application complies with the zoning and approved development plan for the Property. Lot Coverage, Setback and Easements: This unit complies with the maximum lot coverage, by providing nineteen percent (19%), and the building is located within the required setbacks. The Roadway Cut and Fill Slope Easement is for the Town's benefit for the purpose of maintaining W Wildwood Road, all development activity is prohibited and has been removed from that easement. Building Height: The maximum building height permitted is thirty-five feet (35'). The proposed building height is thirty-two feet and ten inches (32'-10"). January 3, 2011 PZC Meeting Parking: The parking requirement for this unit is three (3) on-site parking spaces. The applicant is proposing four (4) spaces (two (2) in the garage and two (2) outside the garage). Due to the number of parking space provided off the private drive, the development requires four (4) guest parking spaces. The applicant has provided four (4) guest parking spaces across the drive from Units 2 and 3 to comply with this regulation. Outdoor Lighting: The unit has two (2) exterior light fixtures types, recessed can fixtures and full cut-off wall sconce fixtures (Attachment B). Seven (7) recessed can light fixtures will be provided above the entry door and garage. Two (2) full cut-off wall sconce fixtures are being proposed for the south elevation's patio doors. The proposed wall sconce fixture utilizes a forty (40) watt bulb and complies with the outdoor lighting requirements. Engineering Analysis Driveways: The proposed driveway configuration, grading and drainage all meet the Town's minimum standards. Due to the proximity of the parking for Unit 4 to the hammerhead turnaround for emergency vehicles, a no parking sign will be installed. Retaining Walls: A series of boulder retaining walls extend from the northwest side of the proposed structure and connect into the retaining walls on the northeast side of the drive for Phase II. In addition, a single boulder retaining wall is proposed to the northeast of the structure and three boulder walls are proposed to the south of the residence. The retaining walls vary in height from one-half (0.5) of a foot to six (6) feet. All retaining walls over four (4) feet must be structurally engineered, prior to the issuance of a building permit (§7.28.070(b)(5)). Subdivision Requirements: The project is being developed as a common -interest (condominium) community; with each home or unit being subdivided as condominium unit surrounded by common element open space and access from a private driveway. A condominium plat will be prepared for administrative approval after the foundations for each unit are completed. Design Standards Analysis Landscaping: The approved landscape plan addressed the entire development, including the area for Unit 4. This application proposes a slight modification to the approved plan, with a total reduction of six hundred and thirty (630) square feet in the area provided for native grasses. The trees and shrubs remain as previous approved. Building Materials and Colors: The primary exterior building material is stucco. The proposed stucco colors are: "Sandia" (STO 1616), "San Juan" (STO 2088), and "Suede" (STO 01006). Horizontal wood siding is incorporated into every elevation with a Porter Stains "Dark Oak" (#725) color. Other building materials include wood fascia trim, stucco belly bands, asphalt shingles ("Hickory" color), cedar wood decking, and aluminum clad windows and garage doors ("Gray" color). A photograph of the color/material board is provided as Attachment C and the board will be available for review at the meeting. Roofs: All roof pitches are six -in -twelve (6:12), with the exception of a shed roof located on the west elevation that has a two -in -twelve (2:12) pitch. The six -in -twelve (6:12) roof forms comply with the Design Standards and the Applicant has provided an AEC application for the two -in -twelve (2:12) roof. The location of the shed below a second story window prohibits a four -in -twelve (4:12) roof pitch or greater. A roof pitch in this location is desirable to protect the garage entrance from January 3, 2011 PZC Meeting 2 snow and ice shedding. All overhangs are a minimum of one and one-half (1.5) feet which also complies with the Design Standards. Review Criteria §7.16.080(f), Development Plan (1) Evidence of substantial compliance with the purpose of the Development Code as specified in §7.04.030, Purposes; (2) Evidence of substantial compliance with the §7.16.090, Design Review. (3) Consistency with the Avon Comprehensive Plan; (4) Consistency with any previously approved and not revoked subdivision plat, planned development, or any other precedent plan or land use approval for the property as applicable; (5) Compliance with all applicable development and design standards set forth in this Code, including but not limited to the provisions in Chapter 7.20, Zone Districts and Official Zoning Map, Chapter 7.24, Use Regulations, and Chapter 7.28, Development Standards; and (6) That the development can be adequately served by city services including but not limited to roads, water, wastewater, fire protection, and emergency medical services. §7.16.090(f), Design Review (1) The design relates the development to the character of the surrounding community; or, where redevelopment is anticipated, relates the development to the character of Avon as a whole; (2) The design meets the development and design standards established in this Development Code; and (3) The design reflects the long range goals and design criteria from the Avon Comprehensive Plan and other applicable, adopted plan documents. §7.16.120, Alternative Equivalent Compliance (1) The proposed alternative achieves the intent of the subject design or development standard to the same or better degree than the subject standard; (2) The proposed alternative achieves the goals and policies of the Avon Comprehensive Plan to the same or better degree than the subject standard; (3) The proposed alternative results in benefits to the community that are equivalent to or better than compliance with the subject standard; and (4) The proposed alternative imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this ordinance. Staff Recommendation Staff recommends approval of the Major Design and Development Plan and the Alternative Equivalent Compliance applications, for Lot 9, Block 5, Wildridge Subdivision, Phase III, with the following conditions: 1. Retaining walls over four (4) feet in height shall be designed and certified by a Colorado licensed professional engineer prior to building permit submittal. §7.28.070(b)(5). Exhibits A: Vicinity Map B: Light Fixture Cut Sheet C: Color and Material Board D: AEC Materials E: Reduced Plan Sets January 3, 2011 PZC Meeting Attachment A ity Map - Lot 9, Block 5, WR Residential Streets Property Boundaries t'roaUCT ueTall Tor 4YUbYUL i HLE LIGHTING Available Finishes: Brushed Nicket, Olde Bronze Technical Information Type Style Finish Group Weight Body Height Width Extension Height from Junction Box Outdoor Lights Lodge / Country Bronze 0.5 LBS 7.5 IN 8 IN 9.25 IN 2.5 IN Attachment B Ripley - Outdoor Wall 1 Lt 49059OZ Outdoor Wall 1 Lt Dia./Width: 8.0 IN Body Height: 7.5 IN Bringing clean lines to a rustic look, the Ripley collection of outdoor lighting features an Olde Bronze finish that warms the smooth cone shape of this 1 light outdoor sconce. 8 inch width. Height 7.5 inches. Extension 9.5 inches. Rises 2.75 inches above the center of the wall opening. Uses 1 - 40W max (type R) or 1 - 60W (G type) bulb. UL listed for wet locations. Dark sky compliant With use of R14 40W bulb. Backplate Dimensions Bulb Included Primary Bulb Count Primary Max Watt Primary Lamp Type Voltage UL CSA Listed Body Material 5.125 DIA IN N 1 60W A15 120 Y` ALUMINUM http://www.kichler.com/products/printDetail.do?prod_id=49059&order_id... 8/31/2011 Attachment C Attachment 0 Alternative Equivalent Compliance m -s PO Box 288 095 Willowstone Place Gypsum, CO 81637 c 970-390-4931 michael@mip[pdesicinshoip.com December 09, 2011 Town of Avon Community Development PO Box 975 Avon, CO 81620 Attention: Jared Barnes Tel: (970) 748-4413 Fax: (970) 748-5749 ibarnes@avon.org Regarding: Alternative Equivalent Compliance Application Wildstar Residences by Dantas Builders Phase 3 - Building 4 We are submitting an Alternative Equivalent Compliance Application along w/ the Major Development Application for the following items; The Avon Municipal Code Section 07: Development Code, Chapter 7.28.090(d) (3) (i) which states "All residential buildings shall have pitched roofs with a rise of not less than four (4) inches in twelve (12) inches of distance. " a. A shed roof over the garage door with a pitch of 2:12 is proposed. b. In order to comply w/ the Avon Municipal Code Section 07: Development Code, Chapter 7.28.090(c) (5) (i) (C), which states "Roofs shall be designed to protect doorways, exterior stairs, balconies, garage entrances, bicycle parking and pedestrian sidewalks and walkways from snow and ice", the shed roof that is above the garage door must a 2:12 pitch to fit between the top of the garage door at the lower level and the bottom of the windows at the main level. Approximately 1/4 - 1/3 of the building's roof are pitched such that water, snow and ice will shed in front of the garage door. c. The proposed shed roof does not cover any interior space. It is an exterior shed roof intended to shelter the garage door from water, snow and ice. It is also as a design element integral to the building massing. Thank you for your consideration. SIGNED: Michael RECEIVED DEC 0 9 2011 Community Development 1003_Dantas-WT1dstar-0_AEC_12-09-1 Ldtl Page 1 of 1