PZC Packet 050311Memorandum
To: Planning and Zoning Commission Initials
From: Jared Barnes, Planner I
Thru: Sally Vecchio, Director of Community Development
Date: April 29, 2011
Re: Retaining Wall at 20 Nottingham Road
Summary
Craig Snowdon, Snowdon Hopkins, is requesting a modification to an approval condition for an
approved design. At their November 16, 2010 meeting the Planning and Zoning Commission
approved a final design with the condition that, "(5) Stone veneer will be removed and replaced with a
uniform keystone block wall (matching adjacent walls) across the back of the property."
Due to the difficulties of construction of an engineered MSE wall in front of the stone veneer wall,
Craig Snowdon is requesting a modification to the site plan that would leave the existing boulder
retaining wall in place and build a separate MSE wall to the west.
Policy Review
From the engineered drawing provided, it appears that there is enough space on the property to
construct the MSE wall as designed. There also appear to be alternative solutions that are
possible and could achieve the PZC condition of approval. A Right -of -Way permit may be
necessary if the construction of the wall requires work that extends beyond the property line. As
outlined in Attachment B, The applicant is requesting relief from the condition of approval.
Exhibit
A: Meeting Minutes from November 16, 2010 PZC Meeting
B: Letter from Applicant dated April 29, 2011
C: Photographs of the existing stone veneer wall
D: Plan Sets
Town of Avon Planning & Zoning Commission
Meeting Minutes for November 16, 2010
O Avon Town Council Chambers
Meetings are open to the public
Avon Municipal Building / One Lake Street
AY
R A D O
I. Call to Order
The meeting was called to order at 5:OOpm.
II. Roll Call
All Commissioners were present.
III. Additions & Amendments to the Agenda
There were no additions or amendments to the agenda.
IV. Conflicts of Interest
Commissioners Green and Prince disclosed potential or perceived conflicts with Item VI, and
decided to refrain from review.
V. Consent Agenda
• Approval of the October 19, 2010 Meeting Minutes
Action: Commissioner Green moved to approve the consent agenda, with Commissioner
Anderson seconding the motion. The motion passed with a 6-0 vote. Commissioner
Struve abstained due to his absence from the October 19, 2010 meeting.
VI. Master Sign Program
The Ascent
Property Location: Lot 1, Chateau St. Claire / 38390 Highway 6 & 24
Applicant/ Owner. Brian Wilson, Real Capital Solutions
Description: The Master Sign Program (MSP) proposes two monument signs, one real
estate sign, seven light pole banner signs, three directional sales center signs, and five
parking signs. All signs will be temporary with the exception of the monument signs.
Discussion: Jared Barnes presented the sign program on behalf of staff, and reiterated the
recommended conditions of approval. Landscaping must be provided at the freestanding
sign, and the temporary real estate sigh would need to be removed either: 1) before all sales
are complete; or 2) within 2 years.
Lissa Tyler, representing the owner, addressed the commission's questions regarding the 30
day timeframe.
Commissioner Goulding questioned if the 2 year timeframe is actually "temporary," and also
the material appropriateness of the vinyl banners. Discussions related to the temporary
freestanding real estate sign ensued.
Action: Commissioner Roubos moved to approve the MSP with the following conditions:
1. The application be revised to include a landscape plan that provides landscaping around
the base of the monument signs and freestanding real estate sales sign;
2. The Real Estate Sales sign be approved for a time period of thirty (30) days from date of
sale;
3. All temporary signs must come back to the PZC for review and approval no later than
November 16, 2011, or removed; and,
4. All parking signs shall be deemed "temporary signs."
Commissioner Struve seconded the motion. There was no further discussion and the vote
passed 4-1, with Commissioner Goulding opposing.
VII. Final Design
New Commercial Structure
Property Location: Lot 67, Block 1, Benchmark at Beaver Creek / 40 Nottingham Road
Applicant: Dominic Mauriello, MPG / Owner: Jim Pavelich, GPI, LLC
Description: The proposal is to demolish the existing Pizza Hut building and replace it with a
new structure which is to contain a restaurant and a retail space with a second -story back-of-
house/storage area for the primary restaurant and retail uses.
Discussion: Commissioner Goulding asked staff if internal landscaping must be provided.
Matt Gannett explained that given the existing conditions with the shared access, the project
still meets the zoning requirements. Commissioner Goulding also asked if anything was
located on the neighboring Lot 4. Mr. Gannett responded that this property is reserved for
future road improvements.
Commissioner Green wanted to see light fixtures and the color board.
Dominic Mauriello, Sherry Dorward, and Craig Snowden all presented a PowerPoint
presentation to the Commission.
The Commission was in general support of the design as revised since sketch review, with
some minor comments including: inadequacy of the drainage swale, dumpster design and
location, landscaping improvements on Lot 4, "gateway" property, railing design, rooftop
equipment design and location, and the new proposed clipped hip roof design. The
Commission asked the architect what his preference would be on the clipped vs. non -clipped
roof option. The architect.........
Other comments included the consistency of the keystone retaining wall behind the parking
area, and the necessity of an on-site mockup.
Action: Commissioner Green motioned to approve the final design application, including the
following finding:
1. The proposed application adheres to the applicable Town of Avon Residential.
Commercial, and Industrial Design Guidelines as further detailed in the staff report dated
November 12, 2010.
And subject to the following conditions:
1. PZC will review all rooftop mechanical penetrations (including screening details) prior
to the issuance of a building permit;
2. If for any reason applicant is unable to obtain enough stone from the existing building
and the stone changes, the revised stone must come back to PZC for review and approval;
3. An appropriately scaled on-site mockup, showing all materials and finishes, must be
approved by PZC for final approval of materials and colors; and,
4. The Applicant will work with staff to address and reduce the bear attracting plant
species identified on the Landscape Plan.
Commissioner Struve seconds the motion.
There was discussion on the motion. Commissioner Patterson suggested adding a condition
related to the coordinated landscaping improvements to Lot 4. Commissioner Goulding also
suggested adding a condition that the moss rock retaining wall across the back of the
property be consistent in materials.
5. Stone veneer will be removed and replaced with a uniform keystone block wall
(matching adjacent walls) across the back of the property
Signs are not approved and a formal sign application is required.
While not added as a condition of approval, Commissioner Green strongly encouraged Staff
to work with the applicant at the appropriate timing to embellish the landscaping for Lot 4.
All Commissioners were in favor of the motion and it passed unanimously.
VIII. Other Business
Final Design Extension
Property Location: Lot 7, Western Sage / 5771 Wildridge Road
Applicant: / Owner: Buzz Reynolds, The Reynolds Corporation
Description: An application for a one year extension to a Final Design approval for Lot 7,
Western Sage.
Discussion: Goulding questioned the 2 -year timeframe and its reasoning.
Action: Commissioner Green moved to approve the one year extension for Lot 7. The
motion was seconded by Commissioner Patterson, and it passed unanimously.
• Commissioner Prince updated on the Commission with his recent Village at Avon DRB
meeting. The Village DRB approved a sign for the new Verizon store at Traer Creek Plaza.
It was noted that the building did not have a Master Sign Program. He also mentioned that
the Home Depot property has been targeted for better upkeep and less clutter.
• Sally Vecchio reminded the Commission that the new Development Code is not active and
Staff will be coming back with revised applications and checklists for PZC review.
IX. Adjourn
The meeting was adjourned at 6:43pm
C2-1 A --
Chris ree Chairperson
P I S uve, ecretary
Snowdon and Hopkins • Architects, P.C.
Jared Barnes, Planner
Town of Avon
P.O. Box 975
Avon, Colorado 81620
April 29, 2011
Re: 20 Nottingham Road, Lot 67, Block 1, Benchmark at Beaver Creek, Avon
Dear Jared:
The applicant, GPI, LLC, requests that the Design Review Board reconsider one of their
conditions of approval that requires construction of a keystone block wall in front of an existing
7 -foot tall stone veneered wall on the project site. In consultation with the project structural
engineer, the contractor, and the manufacturer of the concrete block, we have found that the new
segment of block wall cannot be constructed snugly to the stone veneer wall as anticipated.
Because it would exceed four feet in height to fully screen the existing wall, the block wall
would have to be engineered with geotextile fabric between multiple lifts of backfill behind the
new wall. This would necessitate a separation of at least 6 feet between the walls for
constructability.
Elimination of the block wall segment in front of the existing wall would:
• Provide for better management of drainage from the slope above;
• Avoid the removal of an existing 20+ -foot tall spruce tree, which is not on the
applicant's property (landscape contractor does not feel the tree can be successfully
transplanted);
• Avoid loss of needed snow storage space;
• Avoid excessive cutting into the steep fill slope between the wall and Swift Gulch Road;
• Allow the new block wall to remain less than four feet in height, which means that over -
excavation and installation of geotextile fabric would not be necessary;
• Break up what would otherwise be a 255' length of block wall;
• Avoid encroachment of wall construction onto adjacent property.
The existing stone wall, approximately 32 feet long, is an attractive and well engineered feature
on the site. It would provide a desirable break between two very long sections of concrete block
wall, the existing portion of which (on the adjacent site) is a massive feature exceeding ten feet
in height. The concrete block and existing stone veneer are compatible in coloring. The stone
veneer on the new building will be as close a match as possible to that of the existing wall, so
we do not feel that the existing wall will seem out of place.
We appreciate your willingness to consider this request at the next DRB meeting so as not to
cause the contractor undue delay in site work.
Sincerely,
Craig N. Snowdon AIA
Snowdon and Hopkins — Architects, P.C.
PO Box 3340 • Vail, Colorado 81658 • Phone: 970 - 476 - 2201 • Fax: 970 - 476 - 7491
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NOTES: 1" = 10,
1. RE: TO SHEET RW1.0 FOR GENERAL NOTES & DETAILS.
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3. GEOGRID LENGTHS SHOWN SHALL BE CONSISTENT w/ ALL LAYERS.
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NOTE:
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NOTES: 1" = 10,
1. RE: TO SHEET RW1.0 FOR GENERAL NOTES & DETAILS.
2. REFER TO SITE GRADING PLANS FOR TOP OF WALL & BOT. OF WALL LOCATIONS.
3. GEOGRID LENGTHS SHOWN SHALL BE CONSISTENT w/ ALL LAYERS.
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Memorandum
To: Planning and Zoning Commission Initials
From: Jared Barnes, Planner I
Thru: Sally Vecchio, Director of Community Development
Date: April 29, 2011
Re: Mountain Montessori School Expansion Review
Summary
A Special Review Use (SRU) was approved for the Mountain Montessori School located at 77 Metcalf Road by
the Planning and Zoning Commission on September 7, 2010 (Resolution 10-04, Exhibit B). As a condition of
approval, the PZC is required to review any enlargement to the pre-school.
The Applicant, represented by Todd Goulding of CDA, is requesting a minor amendment to the SRU approval
to: 1) Increase the size of the space occupied by the school from 1,553 sf to 2,361 sf; 2) Increase student
enrollment from 20 students to 40 students; and, 3) Expand drop off/pick up times by 20 minutes in the morning
and 45 minutes in the afternoon.
Policy Review
The property where Mountain Montessori is located is zoned Light Industrial and Commercial (IC). A
SRU permit for the school was originally approved in 2004, and has since been re -approved one time, in
2010. The Town has never received any complaints concerning this use.
SRU approvals are only valid for 2 years unless approved by Council Ordinance (Avon Development
Code, §7.26.090(f), Expiration and Preliminary Review). Accordingly, the Applicant has agreed to reduce
the approval period of the SRU to 2 years, and instead will request an amendment to the IC zone district
to allow a Pre-school/Nursery School to be permitted as a by -right use in the district. The Applicant
expects to make this application later this year.
Zoning Review
Parking. The expanded pre-school facility will require five (5) off-street parking spaces. The property has
a total of 46 off-street parking spaces; 34 of which accommodate the existing offices in the building and 3
which accommodate the existing warehouse space. (See Exhibit A).
Traffic. The additional 20 students and increased drop-off pick up times proposed by the Applicant will
not create a negative traffic impact on Metcalf Road or Nottingham Road. Both roads operate at a Level
of Service A at all times, and the potential increase of 20 vehicles at this location will have no impact on
that service level. The Applicant, however, must contain the drop-off/pick-up activities on the property at
all times. Vehicle stacking on Nottingham or Metcalf Roads will be considered a violation of the SRU.
Review Criteria
A minor amendment is subject only to review and approval by the Director. The Director may however
refer the application to the PZC if the amendment may result in material changes to the approved
application. In this case, the SRU approval required referral to the PZC if the pre-school proposed an
increase in the size of the facility.
The changes proposed do not increase the building size or the square footage of non-residential uses
within the building. The property can accommodate the parking requirements for the larger pre-school,
and additional traffic generated by the increased enrollment will have no effect on the Nottingham Road
and Metcalf Road Levels of Services. Moreover, the Applicant's agreement to reduce the expiration
period from 10 yrs to 2 years, and instead pursue an amendment to the IC zone district to allow the use
by -right, is a preferable approach to continuing this use on this property.
Staff supports the proposed changes to the Mountain Montessori SRU conditional upon:
1) Traffic, parking and vehicle stacking related to the drop-off and pick-up activities of the school
shall be entirely contained on the property.
2) The SRU shall expire 2 years after the date of approval.
3) Student enrollment is limited to 40 students.
4) The size of the school is limited to 2,361 sq. ft.
Recommended Motion
Staff recommends approving Resolution 11-04, to allow an increase in the size of the pre-school facility,
student enrollment, and the drop off/pick up hours of the Mountain Montessori Pre-school.
Exhibit
A: Letter from Applicant dated April 19, 2011
B: Approved Resolution 10-04
C: Resolution 11-04
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Construction & Exhibit
Development Memorandur__
Advisors
DATE: April 19, 2011
TO: Town of Avon Planning & Zoning Commissioners
TOA Planning Staff
FROM: Todd Goulding
RE: Mountain Montessori Preschool
SRU Revision
Mountain Montessori Preschool is requesting a revision to the existing SRU approved
September 7, 2010 to allow an expansion into an adjacent space. Although the existing SRU
does not specify a number of students, condition #1 stated;
"The use shall not be enlarged without prior review and approval
from the Planning and Zoning Commission"
Proposed Expansion
* Pickup and drop off times will be increased to handle the additional traffic and mitigate impact to
tenants, adjacent properties and Metcalf road.
History of Mountain Montessori
• A preschool is not listed as an allowed use or a special review use within the IC zone
district. At the time of the original application the Community Development Director
made a zoning interpretation that the preschool was compatible with other uses within
the Property.
• The uses within the preschool property and surrounding areas have not changed since
the original application.
• Sept 2004 — P&Z approved an SRU for 5 years
o There were no complaints during the 5 years.
• Sept 2010 — P&Z approved an SRU for 10 years
o There have been no complaints to date.
Current
Proposed
Exterior Changes
-
None
Student Enrollment
20
40
Square Footage
1,583sf
2,361sf
Drop Off Timing
8:20am-8:40am
8:00am-8:40am
Pick Up Timing*
3:15 m-3:45 m
3:15 m-4:30 m
* Pickup and drop off times will be increased to handle the additional traffic and mitigate impact to
tenants, adjacent properties and Metcalf road.
History of Mountain Montessori
• A preschool is not listed as an allowed use or a special review use within the IC zone
district. At the time of the original application the Community Development Director
made a zoning interpretation that the preschool was compatible with other uses within
the Property.
• The uses within the preschool property and surrounding areas have not changed since
the original application.
• Sept 2004 — P&Z approved an SRU for 5 years
o There were no complaints during the 5 years.
• Sept 2010 — P&Z approved an SRU for 10 years
o There have been no complaints to date.
Review Criteria - 7.16.100 (e)
The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state and federal regulations;
The applicant is proposing to continue the existing approved use.
2. The proposed use is consistent with the purpose and intent of the zoning district in
which it is located and any applicable use -specific standards in the Development Code;
The applicant is not proposing to change the use, but rather expand
the preschool.
3. The proposed use is compatible with adjacent uses in terms of scale, site design, and
operating characteristics;
The proposed expansion will not affect scale, site design or
operating characteristics, other than those identified below.
4. Any significant adverse impacts (including but not limited to, hours of operation, traffic
generation, lighting, noise, odor, dust, and other external impacts) anticipated to result
from the use will be mitigated or offset to the maximum extent practicable;
Lighting, noise, odors, and dust are not impacted by the proposed
SRU. The proposed change to the hours of operation will not have
an impact to tenants in the building, nor adjacent neighbors.
Increases in traffic will be handled by a commensurate increase in
the drop off and pick up time slots.
5. Facilities and services (including sewage and waste disposal, water gas, electricity,
police and fire protection, and roads and transportation, as applicable) will be available
to serve the subject property while maintaining adequate levels of service for existing
development, and
The facilities and services outlined above exist today and have
enough capacity to handle the expansion.
6. Adequate assurances of continuing maintenance have been provided.
Not applicable to this application.
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Plan Summary Table
Lot 22, Block 1 - Benchmark at Beaver Creek Subdivision
77 Metcalf Road, Avon, CO 81620
REVISED - April 27 2011 showing current usage
Owner: BBG Holding Corp PO Box 8266, Avon 970-845-0466
Building Code: 2003 IBC
Fire District: Eagle Rive Fire Protection District
Occupancies: B (Offices) E (Pre -School) Warehouse
Construction: Type V, Non -Rated Fully Sprinklered
Current Zoning: I/C - Industrial / Commercial
Site Area Summary
Lot Size: 39,026 5FArea > 40% Slope: 2,854 5F (7.3%)
Bldg. Lot Coverage: 6,466 SF (16.5%) Paved Area: 18,990 5F (48.7%)
Total Imperv. Area: 25,456 SF (65.2%) Landscaped Area: 13,570 5F (34.8%)
Snow Storage: 3,640 5F (19%)
Summary of B Occupancy (Office) Allowances - Increased for Fire Sprinkler
Floor Area (GLFA) Summary
Vt Floor
Per Zoning
Per 2003 IBC
Proposed
Total Height:
48 feet
60 feet
< 41 feet
Stories Allowed:
Within height limit
3 stories
3 stories
Floor Area per Floor:
19,513 5F per floor
18,000 SF per floor
I" Floor = 2,626 SF
Internal Circulation: 357 SF
235 SF
557 SF
2"d Floor = 5,648 SF
3rd Floor = 6,466 SF
Total Floor Area:
19,513 5F per floor
54,000 SF
14,740 SF
Floor Area (GLFA) Summary
Vt Floor
2"d Floor
3rd Floor
Total
B (Office): 1,988 5F
4,042 SF
5,900 5F
11,930 SF
E (Pre -School): 1,707 SF
0 5F
0 SF
1,707 SF
Warehouse: 1,401 SF
818 SF
0 SF
2,219 SF
Internal Circulation: 357 SF
235 SF
557 SF
1,149 SF
Parking Calculation Summary
Office
Pre -School
Warehouse
Per Avon Code: 3 / 1,000 5F GLFA
2 / 1,000 5F GLFA
1 / 800 SF GLFA
* 11,930 SF
* 1,707 SF
*2,219 5F
36 (35.79) Spaces
4 (3.41) Spaces
3 (2.77) Spaces
Required Parking: 43 Spaces
Existing Parking: 46 Spaces
Including 1 HC Space
Plan Summary Table
Lot 22, Block 1 - Benchmark at Beaver Creek Subdivision
77 Metcalf Road, Avon, CO 81620
REVISED - April 27 2011 with Expanded Pre -School
Owner: BBG Holding Corp PO Box 8266, Avon 970-845-0466
Building Code:
2003 IBC
Fire District:
Eagle Rive Fire Protection District
Occupancies:
B (Offices) E (Pre -School) Warehouse
Construction:
Type V, Non -Rated Fully Sprinklered
Current Zoning:
I/C - Industrial / Commercial
Site Area Summary
Lot Size: 39,026 SFArea > 40% Slope: 2,854 SF (7.3%)
Bldg. Lot Coverage: 6,466 SF (16.5%) Paved Area: 18,990 SF (48.7%)
Total Imperv. Area: 25,456 SF (65.2%) Landscaped Area: 13,570 SF (34.8%)
Snow Storage: 3,640 SF (19%)
Summary of B Occupancy (Office) Allowances - Increased for Fire Sprinkler
Floor Area (GLFA) Summary
1'' Floor
Per Zoning
Per 2003 IBC
Proposed
Total Height:
48 feet
60 feet
< 41 feet
Stories Allowed:
Within height limit
3 stories
3 stories
Floor Area per Floor:
19,513 SF per floor
18,000 SF per floor
I" Floor = 2,626 SF
Internal Circulation: 357 SF
235 SF
557 SF
2nd Floor = 5,648 SF
3rd Floor = 6,466 SF
Total Floor Area:
19,513 5F per floor
54,000 SF
14,740 SF
Floor Area (GLFA) Summary
1'' Floor
2nd Floor
3'd Floor
Total
B (Office): 1,237 SF
4,042 SF
5,900 SF
11,930 SF
E (Pre -School): 2,458 5F
0 SF
0 SF
1,707 SF
Warehouse: 1,401 SF
818 SF
0 SF
2,219 5F
Internal Circulation: 357 SF
235 SF
557 SF
1,149 5F
Parking Calculation Summary
Office
Pre -School
Warehouse
Per Avon Code: 3 / 1,000 SF GLFA
2 / 1,000 SF GLFA
1 / 800 5F GLFA
* 11,179 SF
* 2,458 5F
*2,219 SF
34 (33.54) Spaces
5 (4.91) Spaces
3 (2.77) Spaces
Required Parking: 42 Spaces
Existing Parking: 46 Spaces
Including 1 HC Space
110 iW[IlaMM
PLANNING & ZONING COMMISSION
RESOLUTION NO. 10-04
A RESOLUTION APPROVING A SPECIAL REVIEW USE PERMIT
TO PERMIT MOUNTAIN MONTESSORI PRESCHOOL IN SUITE
102 ON LOT 22, BLOCK 1, BENCHMARK AT BEAVER CREEK,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, Mountain Montessori, has applied for a Special Review Use (SRU) permit
to operate a Montessori preschool as described in the application dated July 30, 2010;
WHEREAS, a public hearing has been held by the Planning & Zoning Commission of
the Town of Avon on September 7, 2010, 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 SRU application;
WHEREAS, at their public hearing held on September 7, 2010, the Planning & Zoning
Commission voted to approve Resolution No. 10-04 thereby approving the subject
Special Review Use permit with two conditions; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following review considerations, as required by the Avon Municipal Code section
17.48.040:
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.
D. Whether the proposed use provides evidence of compliance with the Public
Purpose provisions outlined in the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves a SRU permit for Mountain Montessori
Preschool, as described in the application dated July 30, 2010; and as stipulated in Title
17, Avon Municipal Code, located in suite 102 on Lot 22, Block 1, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado.
SUBJECT TO THE FOLLOWING CONDITIONS:
The use shall not be enlarged without prior review and approval from the
Planning and Zoning Commission; and
2. The use is approved for a ten (10) year period to be re -reviewed no later
than September 7`h, 2020.
ADOPTED THIS 7`h DAY OF SEPTEMBER, 2010
At
Secretary:it Struve
Date: / o
N col yL,El] W., ALys] ►1
PLANNING & ZONING COMMISSION
RESOLUTION NO. 11-04
A RESOLUTION APPROVING A MINOR AMDENDMENT TO A
SPECIAL REVIEW USE PERMIT TO PERMIT MOUNTAIN
MONTESSORI PRESCHOOL AN EXPANSION OF SUITE 101 ON
LOT 22, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Mountain Montessori, has applied for a minor amendment to a Special
Review Use (SRU) permit to operate a Montessori preschool as described in the
application dated April 19, 2011;
WHEREAS, the Planning & Zoning Commission of the Town of Avon approved the
SRU permit through Resolution 10-04 on September 7, 2010;
WHEREAS, the condition of approval, as stated in Resolution 10-04, requires the
Planning & Zoning Commission to review any expansion of the area;
WHEREAS, at their regularly scheduled meeting held on May 3, 2011, the Planning &
Zoning Commission voted to approve Resolution No. 11-04 thereby approving the minor
amendment to the SRU permit with two conditions; and,
WHEREAS, the Planning & Zoning Commission of the Town of Avon has considered
the following review considerations, as required by the Avon Municipal Code section
7.16.020(g):
(1) Any change to any permit or other form of approval that was originally
subject only to administrative review and was approved by the Director,
provided such change would not have disqualified the original application
from administrative review under this Development Code had it been
requested at that time; and provided that the minor amendment does not result
in an increase of more than ten percent (1001o) in the amount of square footage
of a land use or structure and does not result in a change in the types of uses
in the project.
(2) Correction of any errors caused by mistakes that do not materially alter the
substance of the development plan or plat as represented to the Council.
(3) A Change to an approved design which results in a ten percent (10%) or less
increase to building height; adjustments to building footprints, access and
parking configurations which are less than ten (10) feet; alterations to the
landscaping plan or drainage plan which substantially comply with the
original approval; and, changes to doors, windows, roofs, or building
articulation which are less than two (2) feet and which do not alter or
diminish the overall design character as approved; as are all determined by
the Director.
(4) Changes to an approved development application which do not result in:
(i) An increase in the approved number of dwelling units;
(ii) An increase in the amount of square footage of a non-residential land use
or structure;
(iii)A change in the housing mix or use mix ratio; or,
(iv)A change in the character of the development.
NOW, THEREFORE, BE IT RESOLVED, that the Planning & Zoning Commission
of the Town of Avon, Colorado, hereby approves a minor amendment to the SRU permit
for Mountain Montessori Preschool, as described in the application dated April 19, 2011;
and as stipulated in Title 7, Avon Municipal Code, for 2,361 square feet located in Unit
101 on the ground floor of the building located on Lot 22, Block 1, Benchmark at Beaver
Creek Subdivision, Town of Avon, Eagle County, Colorado.
SUBJECT TO THE FOLLOWING CONDITIONS:
1. The use shall not be enlarged without prior review and approval from the
Planning and Zoning Commission;
2. The use is approved and must be re -reviewed no later than May 3rd, 2013;
All traffic, parking, and vehicle stacking related to the drop-off and pick-
up activities of the school shall be entirely contained on the property;
4. Student enrollment is limited to 40 students; and,
The size of the school is limited to 2,361 square feet.
ADOPTED THIS 3rd DAY OF MAY, 2011
Signed:
Date:
Chair: Chris Green
Attest:
Date:
Secretary: Scott Prince
Staff Report — Special Review Use AVON
May 3, 2011 Planning & Zoning Commission Meeting C 0 1, 0 R A D 0
Date April 27, 2011
Legal Description Lot 1, Filing 1, Village at Avon
Zoning Planned Unit Development (PUD)
Address Not Assigned - East Beaver Creek Boulevard
Prepared By Matt Pielsticker, Planner II
Summary of Request
The Public Service Company of Colorado (PSCo), dba Xcel Energy, is proposing to utilize two
areas for temporary construction staging purposes on the north and south side of East Beaver
Creek Boulevard near the intersection of Post Boulevard. The staging areas will support
construction of the Edwards -Meadow Mountain Natural Gas Pipeline Project (the Project), a
new 7.92 mile 16 -inch natural gas transmission pipeline and associated facilities located
partially within the Town of Avon. The Project was the subject of 1041 Permit that was
approved by the Avon Town Council on April 12, 2011.
The staging areas will be used on a temporary basis during the construction of the Project,
currently anticipated to begin on May 16, 2011 and ending on September 30, 2011. The staging
areas will be utilized for temporary storage and stockpiling of construction materials, including:
• A maximum of 3,000 feet of pipeline at any time, with deliveries of pipeline to be staged
throughout the construction timeframe;
• Up to four covered and closed portable metal containers (approximately 40 feet long, 8
feet wide, and 8 feet tall) to hold valves, fittings, and other miscellaneous pipeline
materials;
• Limited parking for employees; and
• A trailer to serve as a temporary construction office.
Improvements to the staging area will be limited to grading, with temporary buildings, fencing,
and storage structures. After construction, all materials would be removed and the site will be
restored to its prior condition.
The operation of the staging area will be limited to the hours of construction stipulated in the
1041 Permit: 7am to 7pm Mon -Sat, and 9am to 6pm Sundays and Holidays. Work will be
suspended for several special events and three (3) four-day holiday weekends.
Process
The staging areas are located on Lot 1 of the Village (at Avon) PUD. The PUD requires
temporary outdoor storage on Lot 1 to be reviewed by the Town as a Special Review Use. In
addition, the staging area must receive design approval from the Traer Creek Metro District
Design Review Board.
Property Description
The northern staging parcel, referred to as "TUA Parcel", is approximately eight (8) acres in size
and is unimproved. This parcel will be enclosed with a temporary fence and will include a
modular trailer/construction office, employee parking, laydown area for pipes, and storage of
various pipeline parts in four (4) shipping containers. This parcel is bordered by a ditch to the
north, Post Boulevard to the east, East Beaver Creek Boulevard to the south, and the recycling
center to the west. The Applicant is proposing one point of access into this staging area, which
will require a Right -of -Way permit from the Town's Public Works Department.
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Parcel 2." This area will also be enclosed with a temporary fence and used as an alternate pipe
laydown area. It is bordered by East Beaver Creek Boulevard to the north, Post Boulevard to
the east, the Union Pacific Railroad right-of-way to the south, and vacant land and an
aboveground facility to serve the gas line to the west.
TUA Parcel 2 will also be accessed from East Beaver Creek Boulevard, directly across from the
entrance to the TUA Parcel. A separate Right -of -Way permit will be required for this access
point.
Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
I
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Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
Planning Analysis
Hours of Operation. Xcel will adhere to the hours of operated requested by the Town of Avon in
the 1041 permit approval.
Traffic Generation. Increased or delayed traffic may occur in the vicinity of the staging areas
when deliveries are made, equipment is picked up, and when employees are moving to and
from the temporary construction office. A single point of access to each staging area is
proposed off of E Beaver Creek Blvd. The increase in traffic is not expected to be significant
and will be transitory in nature, occurring only when vehicles are arriving and departing from the
stating areas. Xcel is preparing a ROW permit for the Town of Avon, which will address when
and where traffic control is needed.
Lighting_ Lighting will be limited to porch -style lights on the office trailers. No nuisance impact
due to lighting is anticipated.
Noise. Construction of the Project may cause short-term unavoidable noise impacts at the
staging areas. Construction activity will conform to the noise provisions of the Avon Municipal
Code §8.24.085, Limitation of Construction Activity. In addition, the Applicant has
recommended the following mitigation measures to reduce the potential for temporary noise
impacts:
1.PSCo has established a Project website and hotline and will implement a complaint
resolution program whereby residents can contact PSCo direction with their noise
concerns.
2. Noise construction activity at the staging areas, which causes off-site annoyance as
evidenced by the filing of a legitimate noise complete, would be restricted to daytime
hours unless nighttime construction is requested by CDOT, Eagle County or the Town of
Avon.
3. All equipment will have sound control devices no less effective than those provided on
the original equipment; and
4. All internal combustion engines will be fitted with appropriate muffler systems.
Odors. Odors related to the staging areas will be short-term, transient, and limited to the
construction period. These odors are expected to be adequately dispersed by diurnal winds.
Dust. Vegetation clearing, grading, operation of vehicles, and restoration activities in the
staging areas may produce fugitive dust or exhaust emissions during the construction phase of
the Project Mitigation measures include:
1. Construction vehicles and equipment would be shut off when not in use to limit the
amount of exhaust emissions.
2. Dust suppression would be conducted during construction. Water for dust
suppression would be obtained from sources approved by Eagle County and/or the
Town prior to construction.
Hazardous Materials. Excavated material or other construction material will not be stock piled
or deposited near or on stream banks or water courses where they could be washed away by
high water or storm runoff. No vehicle maintenance or fueling of vehicles will be conducted in
the staging areas and no hazardous materials will be stored on site. Upon completion of
construction the staging areas will be restored and construction material and debris removed.
Water Quality. Earth -disturbing activities at the staging area will include grading and stockpiling.
Sediment control and stockpile containment BMPs for these activities includes usage of erosion
Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
and sediment control logs, silt fences, sweeping, temporary berms, vehicle tracking control, and
inlet and culvert protection.
Public Facilities. The temporary construction staging areas will not require sewage, waste
disposal, water, gas, or electric services.
Engineering Analysis
The Engineering Department will issue a grading permit for this project as a condition of the
1041 permit. A cash security deposit will be required to ensure compliance with the
Revegetation and Weed Management Plan, and Stormwater Management Plan, and any other
conditions of the Grading Permit.
Review Criteria
A Special Review Use application must meet the criteria set forth in Sec. 7.16.100 of the Avon
Development Code:
(1) The proposed use is consistent with the Comprehensive Plan and all applicable
provisions of this Development Code and applicable state and federal regulations;
(2) The proposed use is consistent with the purpose and intent of the zoning district in
which it is located and any applicable use -specific standards in the Development Code;
(3) The proposed use is compatible with adjacent uses in terms of scale, site design,
and operating characteristics;
(4) Any significant adverse impacts (including, but not limited to, hours of operation,
traffic generation, lighting, noise, odor, dust, and other external impacts) anticipated to
result from the use will be mitigated or offset to the maximum extent practicable;
(5) Facilities and services (including sewage and waste disposal, water, gas, electricity,
police and fire protection, and roads and transportation, as applicable) will be available
to serve the subject property while maintaining adequate levels of service for existing
development; and
(6) Adequate assurances of continuing maintenance have been provided.
Recommendation
Staff recommends approval of the Special Review Use application for temporary construction
staging on two parcels of land located on Lot 1, Village at Avon Subdivision, with the following
conditions:
1. Construction and excavation activity which produces audible noise shall be limited to
between the hours of 9am and 6pm on Sundays, and between the hours of 7am and
7pm on all other days, pursuant to AMC, Section 8.24.085, Limitation of Construction
Activity. Exceptions to these hours include:
a. Twenty -Four (24) Hour boring activities related to the Avon Road & Post
Boulevard intersections with Highway 6 & 24.
b. The Town Manager may grant additional exceptions(s) to the above work hours.
The grant of exception(s) may be conditioned upon compliance with rules and
conditions as specified by the Town Manager, or his or her designee, to minimize
impacts of the construction activities.
c. Work will be suspended on:
i. Sunday, July 3, Salute to the USA Fireworks
ii. Saturday July 9, and Sunday July 10, Triple Bypass Bicycle Tour
iii. Saturday, July 16, XTERRA Triathlon
Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
iv. Saturday, July 23, Colorado River Ride (if any portion of work zone is
operating west of Avon Road)
v. Saturday, August 8, Bec-TRI Triathlon
vi. Thursday, August 25, and Friday, August 26, U.S. Pro Cycling Challenge
vii. Four (4) days for each three (3) day holiday weekend, including: Memorial
Day, Fourth of July, Labor Day, Columbus Day.
2. A Grading permit, including full restoration plan and security deposit must be obtained
from he Town prior to starting work.
3. A Right -of -Way permit must be obtained from the Public Works Department prior to
accessing the properties for any work.
4. Approval from the Village (at Avon) Design Review Board must be provided to Staff prior
to utilizing the sites for construction staging pursuant to this SRU approval.
5. Outdoor lighting for the temporary trailer(s) must conform to the Outdoor Lighting
Ordinance and be fully downcast and shielded.
This recommendation is based on the following findings:
1. The application is in general conformance with the review criteria for a SRU permit in
§7.16.100(e), Special Review Use, Avon Development Code.
2. Conformance with the Revegetation and Weed Management Plan and Stormwater
Management Plan will mitigate runoff concerns as well as noxious weed abatement.
3. Noise concerns will be mitigated by conforming to §8.24.085, Limitation of Construction
Activity, Avon Municipal Code, and the conditions of the 1041 approval related to work
hours.
4. Fugitive Dust will be mitigated with best management practices including but not limited
to implementing recommended vehicle drive surface materials, and the use of water
trucks as necessary.
Exhibits
A: Vicinity Map
B: Application Materials (excluding Revegetation Plan & Stormwater Mangement Plan)
Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
Exhibit A
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Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
<
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Exhibit A
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Town of Avon Planning & Zoning Commission May 3, 2011 Meeting
Exhibit B
Edwards -Meadow Mountain Gas Pipeline
Project
Town of Avon
Special Review Use Application
April 2011
Prepared for: e;� XcelE, ergy� u
PUdtOC 911VPCE COMPAoir
1123 West 3rd Avenue
Denver, Colorado 80223
Prepared by: Q h l RA r I C:H I :.IN(
1099 18th Street, Suite 580
Denver, Colorado 80202
Avon Community Development Department
One Lake Street
Avo N POB 975
Avon, Colorado 81620
website: www.avon.org
LAND DEVELOPMENT APPLICATION
❑ Comprehensive Plan Amendment
❑ Code Text Amendment
❑ Rezoning
❑ Administrative Subdivision
❑ Minor Subdivision
❑ Major Subdivision — Prelim Plan
❑ Major Subdivision — Final Plat
❑ Location, Character, & Extent
Edwards -Meadow Mountain Gas
❑ Administrative PUD Amendment
❑ Preliminary PUD
❑ Final PUD
❑ Annexation
❑ Minor Development Plan
❑ Major Development Plan
❑ Major Development Plan (TC)
❑ Minor Amendment
Traer Creek Staoinq Area
❑ Design Review
X Special Review Use
❑ Variance
❑ Alt. Equivalent Compliance
❑ Right -of -Way Vacation
❑ Vested Property Right
❑ Sign Design
❑ 1041
Street Address: NW and SW corners of Beaver Creek Road/Post Blvd. Intersection. Map enclosed.
Legal Description: Northern Area - NE 1/4 SW 1/4, Section 7, T5S R81W; Southern Area — SE 1/4 SW 1/4, Section 7, T5S R81W
Parcel Number(s): 210307330001
Name: Public Service Company of Colorado, dba Xcel Energy: Richard 1. Grady, Supervisor, Right -of -Way and Permits
Mailing address: 123 West 3rd Avenue
City: Denver I State: CO ZIP Code: 80223
Phone: 303-571-3135
Email: Rick.grady@xcelenergy.com I Fax: 303-571-3101
Name: Traer Creek, LLC (Dan Leary, Trustee)
Mailing address: PO Box 640
City: Vail State: CO Zip Code: 81658
Phone: 970-748-4987 or 970-949-6776
FEE PAID ►
DATE RECEIVED
Have you included the following?
1. Pre -application conference summary
2. Signed Fee Agreement
3. Dimensional Requirements Form
4. Submittal Requirements
Email: danlearv�traercreek.com I Fax:
Date: 14//,9/) 0 J
APPLICATION #
CASE MGR
Exhibit B
XcelEnergysm
PUBLIC SERVICE COMPANY
April 20, 2011
Matt Pielsticker
Planner
Town of Avon, Community Development
P.O. Box 975
Avon, CO 81620
Exhibit B
Right of Way & Permits
1123 West 3`d Avenue
Denver, Colorado 80223
Telephone: 303.571.3135
Fax: 303.571.3826
rick.grady(d)xcelenerpy.com
Re: Edwards—Meadow Mountain Gas Pipeline Special Use Review Application
Dear Mr. Pielsticker:
Public Service Company of Colorado (PSCo), dba Xcel Energy, is proposing to utilize two areas near the
intersection of Beaver Creek Road and Post Boulevard roundabout (Attachment 1) for temporary staging
areas. The staging areas would support construction of the Edwards -Meadow Mountain Natural Gas
Pipeline Project (Project), a new 7.92 -mile 16 -inch natural gas transmission pipeline and associated
facilities located partially within the Town of Avon. The pipeline and associated facilities are the subject of
an Areas and Activities of State Interest (AASI) Permit (also referred to as a 1041 permit) that was
approved by the Town Council of Avon on April 12, 2011. This Special Review Use Permit application
covers only the temporary staging areas near the intersection of Beaver Creek Road and Post Boulevard,
shown in Attachment 1.
The staging areas would be used on a temporary basis only during the construction time period, currently
anticipated to be May 16 through October 31, 2011. The staging areas would be utilized for the following
temporary uses:
• Stockpiling of a maximum of 3,000 feet of pipeline at any time, with deliveries of pipeline to be staged
throughout the construction timeframe
• Up to six covered and closed portable metal containers (approximately 40 feet long, 8 feet wide, and
8 feet tall) to hold valves, fittings, and other miscellaneous pipeline materials
• Limited parking for employees
• Two metal trailers to serve as a temporary construction offices
Improvements to the staging areas would be limited to grading and installation of a chain-link fence
around the perimeter of both sites. Existing contours are shown in Attachment 2. A site plan is provided in
Attachment 3. No permanent buildings, lighting, fencing, or other structures would be constructed. After
the construction timeframe, all materials would be removed and the site would be restored to its prior
condition per the Project's Revegetation and Weed Management Plan (Attachment 4). The landowner of
Matt Pielsticker Exhibit B
Town of Avon
Page 2 of 24
the land to be used for the staging areas is Traer Creek, LLC. Negotiations for an agreement between
Traer Creek and PSCO for temporary use of the land are in the final stages.
This Special Review Use Permit application is submitted pursuant the Town of Avon's Development Code
§ 7.16.100, which requires a permit and hearing procedure to approve uses allowed by special review.
Special review uses are assigned for each zone category within the Town of Avon. The staging areas are
in the Village at Avon PUD zone, in portions of planning areas H, I, and J (The Village (at Avon) PUD
Development Plan Formal Amendment Number One map). According to The Village (at Avon) PUD
Guide (1998), and confirmed by Matt Pielsticker on April 12, 2011:
• "Building materials sales and lumber yard" is considered a Special Review Use for Planning Area H.
• "Building materials sales and lumber yard" is considered a Use by Right for Planning Area I.
• "Building materials sales and storage" is considered a Special Review Use for Planning Area J.
The following sections provide responses to mandatory review criteria for Special Review Uses listed in
the Town of Avon Development Code § 7.16. 1 00(e).
1. The proposed use is consistent with the Comprehensive Plan and all applicable provisions of this
Development Code and applicable state and federal regulations;
PSCo is proposing to build the proposed Project to meet rapidly growing needs in the Avon/Eagle-
Vail region. The proposed Project is a system upgrade that would supply the demands currently
served by an existing 6-, 8-, and 12 -inch natural gas transmission pipeline located in Eagle County.
The existing pipeline was installed in 1972, and is currently the primary gas supply pipeline serving
the communities of Avon, Minturn, and Vail, including the Vail, Beaver Creek, and Bachelor's Gulch
Ski Areas. This pipeline also provides supply to communities in Summit, Grand Lake, and Chaffee
Counties. Between 1970 and 2010, the population of Eagle County has increased 615 percent from
7,498 to 53,653. The Edwards Micropolitan Statistical Area as defined by the U.S. Census Bureau
experienced a 20 percent increase in population between 2000 and 2010 (U.S. Census Bureau
2010).This existing growth as well as expected continued growth throughout these communities has
provided the need for additional capacity.
By helping to ensure a continued and reliable supply of natural gas to the Town of Avon and
surrounding communities, the overall Project supports the vision identified in the Town of Avon
Comprehensive Plan (Revised 2008):
To provide a high quality of life, today and in the future, for a diversity of people and
interests; and to promote their ability to live, work, visit, and recreation in the community.
In the Comprehensive Plan, future use of the staging areas is identified as a mixture of Neighborhood
Commercial, Regional Commercial, Residential High -Density, and Park. The definitions describing
the intent of each land use designation are provided in the Comprehensive Plan:
• Neighborhood Commercial—These areas are intended to provide neighborhood -focused retail
and service uses (such as markets, childcare, restaurants, and cafes) that are conveniently
located near and connected with surrounding residential neighborhoods.
Matt Pielsticker
Town of Avon
Page 3 of 24
Exhibit B
• Regional Commercial—The regional commercial areas are intended to serve both local and
regional shoppers with a wide variety of commercial uses, including discount retailers, offices,
supermarkets, and other similar uses.
• Residential High Density—Areas designated for residential density are intended to provide sites
for multifamily dwellings no less than 15 and no greater than 20 dwelling units per acre.
• Parkland—Parks are intended to provide for the passive and active recreation needs of the
community or region. Where possible, they should be located and designed to take advantage of
natural features and amenities.
Because the staging areas are currently vacant, would only be used temporarily, would be restored to
prior condition after use, and it would not impact, deter, or preclude desired future uses of these
areas, the proposed use is consistent with provisions of the Comprehensive Plan.
PSCo has complied or is in the process of complying with all local, state, and federal regulations
associated with the environmental review and permitting of the Project and all associated facilities,
including the staging areas. PSCo would operate and decommission the temporary staging areas
consistently with applicable state and federal regulations and the AASI permit granted by the Town of
Avon.
Table 2.2-1 in the AASI Permit application has been revised to update the status of approvals, grants,
or permits necessary for the Project.
Ta le
Federal State of olorado and Local urisdiction Per it Approval oordination Re uire ents and Status
Status as of April
Agency Regulation Study Per it oordination Status
Federal Agencies
U.S. Department of
Public Law (P.L.) 96-487 and
Right -of -Way (ROW) Grant'
PSCo submitted this application
Agriculture, Forest
Federal Register Notice 5-22-95
on February 9, 2011. ROW Grant
Service (Forest
expected to be issued by the end
Service)
of April 2011.
U.S. Army Corps of
Section 404 of the Clean Water
Consultation with the USACE may
PSCo received a response from
Engineers (USACE)
Act
be required for potential impacts to
the USACE that the Project will
jurisdictional waters of the United
not result in the discharge of
States
dredged or fill materials within
waters of the United States and
does not involve work in
navigable waters of the United
States. A permit is therefore not
required.
U.S. Fish and Wildlife
Section 7 of the Endangered
Consultation with the USFWS may
Informal consultation with the
Service (USFWS)
Species Act
be required for potential impacts to
USFWS Western Colorado
Bald and Golden Eagle
threatened and endangered
Ecological Service Field Office
Protection Act
species, bald and golden eagles,
was conducted in October 2010
Migratory Bird Treaty Act
and migratory birds
to understand any potential
Project -related impacts to lynx, or
suitable lynx habitat, and
federally listed plant species.
Matt Pielsticker
Town of Avon
Page 4 of 24
Ta le
Federal Stateof olorado and Local urisdiction Per it Approval oordination Re uire ents and Status
Status as of April
Exhibit B
Agency Regulation Study Per it oordination Status
State Agencies
Colorado Public
U.S. Code of Federal
Inspection and monitoring activities
PSCo is regulated by the
Utilities Commission
Regulations (CFR), Title 49
of intrastate gas pipeline systems
Colorado PUC and CFR Title 49,
(PUC)
"Transportation," Parts 190-199.
would be adhered to for
60105 Agreement with the U.S.
construction and operation of the
Department of Transportation
Project.
(DOT), Pipeline and Hazardous
Materials Safety Administration
(OPS)
Colorado Oil and Gas
Colorado Revised Statutes
COGCC has broad statutory
PSCo would adhere to all state
Conservation
(CRS) 34-60-106 (2)(d)
authority with respect to impacts on
regulations and statutes during
Commission
any air, water, soil, or biological
construction and operation of the
(COGCC)
resources resulting from oil and
Project.
gas operations
Colorado Division of
CRS 33-1-101(1)
Consultation with the CDOW to
Informal consultation with Bill
Wildlife (CDOW)
Identify Special Status Species
Andree (District Wildlife
Manager) in November 2010
regarding potential of the Project
to affect any state sensitive
species or habitats.
Colorado Department
Clean Air Act and amendments,
Land Development Permit
PSCo submitted the Air Pollution
of Public Health and
various state laws and
Application
and Emission Notice (APEN) and
Environment
regulations for air quality
Air Pollution Emission Notice or
Application for a General
(CDPHE) Air
General Development Permit2
Construction Permit on February
Pollution Control
Division
Fugitive Dust Control Plan
14, 2011.
Tetra Tech spoke with Paul
Rusher, CDPHE Air Pollution
Division, on February 16, 2011.
Since this is a general
construction permit, the Project is
considered covered once the
application has been submitted
to the Air Division. The Air
Division will eventually issue a
general construction permit to the
permittee. Work can begin at any
time after submission.
CDPHE Water
Clean Water Act, Safe Drinking
Stormwater General Permit
A Construction Stormwater
Quality Control
Water Act, various state laws and
Application
Management Plan was prepared
Division
regulations for water quality
Stormwater Management Plan
for the Project in November
2010. The stormwater
management contractor, Olsson
Associates, has filed a permit
application for the Colorado
Discharge Permit System
(CDPS) General Permit for
Stormwater Discharges.
Matt Pielsticker
Town of Avon
Page 5 of 24
Ta le
Federal Stateof olorado and Local urisdiction Per it Approval oordination Re uire ents and Status
Status as of April
Exhibit B
Agency
Regulation
Study Per it oordination
Status
Permit No. COR -030000,
effective July 1, 2007) authorizes
stormwater discharges from
construction activities that result
in a total land disturbance of
1 acre or greater or if a project is
less than an acre but part of a
larger common plan of
development.
Colorado Office of
Section 106 of the National
Consultation for compliance with
A Class I file search through the
Archaeology and
Historic Preservation Act
state and federal historic
Colorado Historic Society Office
Historic Preservation
Colorado Statutes Title 24,
preservation requirements
of Archaeology and Historical
(OAHP)
Article 80, Part 4
Preservation Cultural Records
Colorado Statutes Title 24,
online database (Compass) was
Article 80, Part 13
conducted on December 7, 2010.
The Class I file search report was
provided to the State Historic
Preservation Office for
concurrence on February 25,
2011. The Class I file search
report was also provided to
CDOT for their review on
March 8, 2011 for their review.
Colorado Department
Code of Colorado Regulations
Utility/Special Use Permit
Correspondence has been
of Transportation
(CCR) 601, 602, 603, 605, CRS
Application
ongoing throughout the Project to
(CDOT)
43-1-225(1), various state and
Traffic Control Plan
facilitate CDOT approval of
federal laws and regulations
Route Survey
permits to construct within the
U.S. Highway 6 and U.S.
Highway 24 ROW.
PSCo submitted Standard Form
299 with the Forest Service on
February 9, 2011. The Forest
Service has entered into a
Memorandum of Understanding
(MOU) with the Bureau of Land
Management (BLM), and CDOT
to coordinate permitting activities.
The CDOT will issue the utility
permit for the Project after all
other agencies have issued
necessary permits. The utility
permit from the CDOT is
expected to be issued prior to
construction in early May 2011.
Colorado State Board
Constitution of the State of
ROW Grant application for
PSCo submitted a ROW Grant
of Land
Colorado, Article IX, Section 9
crossing state trust lands
application to the Northwest
Commissioners
Colorado State Board of Land
District office of the Colorado
Commissioners Policy # 92-3
State Land Board on March 11,
2011.
Matt Pielsticker
Town of Avon
Page 6 of 24
Ta le
Federal Stateof olorado and Local urisdiction Per it Approval oordination Re uire ents and Status
Status as of April
Exhibit B
Agency
Regulation
Study Per it oordination
Status
The District Manager of the State
Land Board approved the ROW
Grant application on March 28,
2011. PSCo expects to receive
the signed ROW Grant from the
Colorado State Board of Land
Commissioners on May 6, 2011.
agle ounty Local urisdictions
Eagle County
Eagle County Code Section 5-
Special Use Permit
Submitted to Eagle County for
Planning Department
250
approval on January 21, 2011.
CRS 30-28-110 and Section C of
Location and Extent Permit
Submitted to Eagle County for
the Eagle County "Location and
approval on January 21, 2011.
Extent' Guide
Eagle County
Floodplain Development Permit
PSCo expects to submit to Eagle
Engineering
County by April 20, 2011.
Department
Eagle County
Permit to Construct in the Public
PSCo expects to submit to Eagle
Engineering
Way
County by April 22, 2011.
Department
Eagle County
Building Permits
PSCo would be replacing three
Engineering
buildings at regulator stations in
Department
unincorporated Eagle County.
PSCo expects to submit building
permit applications for these
facilities by April 29, 2011.
Town of Avon
Regulations for Areas and
1041 Permit
Approved with conditions, April
Activities Designated as Matters
15, 2011.
of State and Local Interest (Avon
Municipal Code Section 7.40)
Avon Municipal Code Section
Permit for Construction Work within
PSCo expects to file an
12.04.050
Public Ways for construction within
application for Construction Work
all public ROW and easements,
within Public Ways by April 29,
walkways and sidewalks, streets,
2011.
roads, highways, and utility
easements
Avon Municipal Code Section
Grading Permit
If required for grading of a
7.28.070 (c)(2)
staging area, PSCo expects to
file an application for a Grading
Permit for the staging area within
the Town of Avon prior to
construction.
Private wnership
Union Pacific
n/a
Utility Crossing Permit
PSCo received a Utility Crossing
Railroad
Permit on March 28, 2011.
(UPRR)
The Forest Service has entered into an MOU with the BLM, CDOT, and Colorado State Land Board to coordinate activities affecting
the state transportation system and lands administered by the Forest Service and BLM within the state of Colorado.
Matt Pielsticker
Town of Avon
Page 7 of 24
2. The proposed use is consistent with the purpose and intent of the zoning district in which it is
located and any applicable use -specific standards in the Development Code;
Planning Areas H and I are zoned "Neighborhood Center." The purpose of the Neighborhood Center
zone is "To provide sites for a variety of neighborhood oriented commercial, residential, educational,
recreational and service oriented use" (Town of Avon 1998). Planning Area J is zoned "Regional
Commercial." The purpose of the Regional Commercial zone is "to provide sites for a variety of
regionally -oriented commercial, residential, lodging and service oriented uses and activities in order
to serve the needs of residents and guests of the Upper Eagle River Valley.
Although the staging areas are zoned Neighborhood Center and Regional Commercial, the lots are
currently vacant with no development onsite. Use of this land as temporary staging areas during the
construction timeframe would not impact, deter, or preclude future uses provided for in the
Neighborhood Center and Regional Commercial zones. Use of the land as a temporary staging area,
therefore, is consistent with the purpose and intent of the zoning district.
3. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating
characteristics;
Exhibit B
Adjacent land uses include residential to the south/southwest, commercial to the east (Wal-Mart), and
vacant land to the north/northwest. Hours of operation would be consistent with the overall hours of
construction stipulated in the Town of Avon's AASI permit (pending receipt of final permit from CDOT)
to avoid impacts to residential areas. Because use of the staging areas would be temporary with no
permanent onsite development, the proposed use is compatible with adjacent land uses.
4. Any significant adverse impacts (including, but not limited to, hours of operation, traffic
generation, lighting, noise, odor, dust, and other external impacts) anticipated to result from the
use would be mitigated or offset to the maximum extent practicable;
Hours of Operation: Final work hours are pending decisions by other permitting agencies.
PSCo will adhere to the hours of operation requested by the Town of Avon in the AASI Permit
conditions detailed in a letter from the Town of Avon dated April 15, 2011:
• Construction and excavation activity shall be limited to between the hours of 9 a.m. and 6 p.m. on
Sundays and national holidays, and between the hours of 7 a.m. and 7 p.m. on all other days,
pursuant to the Avon Municipal Code, Section 8.24.085, Limitation of Construction Activity.
Approved exceptions to these hours are:
o Twenty -Four (24) hour boring activities are permitted at the Avon Road and Post Boulevard
intersections with U.S. Highways 6 and 24.
o The Town Manager may grant additional exception(s) to the above work hours. The grant of
exception(s) may be conditioned upon compliance with the rules and conditions as specified
by the Town Manager, or his or her designee, to minimize impacts of the construction
activities.
• Work on the Project will be suspended on the following dates to accommodate previously
scheduled special events:
o Sunday July 3, Salute to the USA Fireworks
o Saturday July 8, and Sunday July 10, Triple Bypass Bicycle Tour
o Saturday, July 16, XTERRA Triathlon
Matt Pielsticker
Town of Avon
Page 8 of 24
o Saturday, July 23, Colorado River Ride (if any portion of work zone is operating west of Avon
Road)
o Saturday, August 8, Bec-TRI Triathlon
Exhibit B
o Thursday, August 25, and Friday, August 26, U.S. Pro Cycling Challenge
o Four days for each three-day holiday weekend, including Memorial Day, Fourth of July, Labor
Day, and Columbus Day
Traffic Generation: Increased or delayed traffic may occur in the vicinity of the staging areas when
deliveries are made, equipment is picked up, and when employees are moving to and from the
temporary construction office. A single point of access to each staging area is proposed off of East
Beaver Creek Boulevard. The increase in traffic is not expected to be significant and will be transitory
in nature, occurring only when vehicles are arriving and departing from the staging areas. PSCo is
preparing a ROW use permit for the Town of Avon Public Works Department for areas of the Project
within the Town of Avon where traffic will need to be controlled. A Method of Handling Traffic (MHT)
plan was submitted with the AASI Permit application. This plan will be revised for specific areas within
the Town of Avon with input from the Public Works Department and CDOT.
Lighting: Lighting will be limited to porch -style lights on the office trailers. These lights are not
anticipated to be different from other residential and commercial lights in the immediate area, and no
nuisance impacts due to lighting are anticipated.
Noise: Noise is considered a public nuisance if the maximum permissible noise levels are exceeded
at a distance of 25 feet or more from the property line where the sound is originating from. The
daytime and nighttime maximum permissible noise levels are provided according to zone in Table
2.8-4 as provided in the AASI Permit application.
The noise limits given in Table 2.8-4 may be exceeded by 10 decibels on the A -weighted scale (dBA)
for a period of no greater than 15 minutes within a one-hour period between 7:00 a.m. and 7:00 p.m.
Periodic, impulsive, or shrill noises are considered a public nuisance when at a sound level of 5 dBA
less than the noise limits in Table 2.8-4. In addition, the statute states that construction projects would
be subject to the maximum permissible noise levels specified for industrial zones for the duration of
the construction period.
Ta le
olorado a i u Per issi le Sound Levels y one
one
a i u
Per issi le oise Level d A
ayti a
a p
ightti e
p a
Residential
55
50
Commercial
60
65
Light Industrial
70
75
Industrial
80
85
Sound levels are expressed in A -weighted decibels (dBA), which compensates for the frequency response of the human auditory
system.
Construction of the proposed Project—and use of the staging areas—is anticipated to begin on
May 16, 2011, with an in-service date of September 30, 2011. Major activities in the staging areas will
include grading, installation of metal containers, delivery of materials, pick-up of materials for delivery
Matt Pielsticker
Town of Avon
Page 9 of 24
to construction site, and operation of heavy trucks. Grading would occur within the staging areas for
the pipe laydown areas, parts trailers, and office trailers. The remainder of the areas would not need
to be graded. Excessive noise from the staging areas is expected to be transitory, occurring only
during site construction and delivery/pick-up of construction materials. Other typical day-to-day
activities such as employee parking would not cause significant noise.
Estimated equipment types for each phase of construction are presented in Table 2.8-5 of the AASI
Permit application, shown also below. The composite site noise level was evaluated at the edge of
the 50 -foot ROW (edge of road on either side), considering all of the equipment operating
simultaneously at maximum 100 percent load rating usage, to ensure a conservative screening level
assessment. Equipment that could be expected to be used in the staging areas includes equipment
listed in Phase 1 and pipe/material hauling trucks and crew trucks (Phase 2).
Ta le
Representative a i u LmaX onstruction oise Levels y onstruction Phase
Conservatively assumes equipment a usage factor of 100 percent; i.e., all equipment operating concurrently at the maximum
rated level.
2 The maximum sound level (Lmax) is used to quantify the maximum instantaneous sound pressure level generated by a source
and is often used in establishing regulatory noise limits.
Exhibit B
a i u L a uip ent
o posite oise
Phase
onstruction
onstruction
oise Level at
Level at
o
Phase
uip ent
feet d A
feet d A
1
Establishing
Dump Truck
84
92
Laydown Areas
Loader
80
Trackhoe
80
Motor Grader
85
Crew Truck
85
Service Truck
85
Inspection Vehicle
85
2
Pipeline
Pipe/material Hauling Truck
88
94
Trenching,
Truck and Lowboy Trailer
88
Welding and
Crew Truck
85
Installation
Sideboom
78
Horizontal Directional Drill
89
Welding Truck
74
X-ray Truck
55
3
Padding and
Dump Truck
84
92
Backfilling
Loader
80
Trackhoe
80
Crew Truck
85
Test Water Transport
85
2000 Gallon Water Truck
88
4
Re -grading and
Motor Grader
85
92
Re -paving
Reclamation Vehicle
85
Asphalt Paver
77
Crew Truck
85
Street Sweeper
80
Inspection Vehicle
85
Conservatively assumes equipment a usage factor of 100 percent; i.e., all equipment operating concurrently at the maximum
rated level.
2 The maximum sound level (Lmax) is used to quantify the maximum instantaneous sound pressure level generated by a source
and is often used in establishing regulatory noise limits.
Exhibit B
Matt Pielsticker
Town of Avon
Page 10 of 24
The construction of the proposed Project may cause short-term unavoidable noise impacts at the
staging areas. The noise impacts at receptors from construction would depend on the type of
equipment used, the mode of operation of the equipment, the length of time the equipment is in use,
the amount of equipment used simultaneously, and the distance between the sound source and
receptor. All of these factors are expected to vary regularly throughout the construction period,
making the calculation of a specific received sound level value at receptor locations difficult.
Construction activity would conform to noise provisions of Avon Municipal Code Section 8.24.085
(Limitation of Construction Activity).
The following recommended mitigation measures would reduce the potential for temporary adverse
noise impacts:
• PSCo has established a Project website and hotline and will implement a complaint resolution
program whereby residents can contact PSCo directly with their noise concerns. Throughout
Project construction and operation, PSCo would document, investigate, and attempt to resolve
legitimate Project -related noise complaints.
• Noisy construction activity at the staging areas, which causes offsite annoyance as evidenced by
the filing of a legitimate noise complaint, would be restricted to daytime hours (i.e., 7:00 a.m. to
7:00 p.m.) unless construction during nighttime hours is requested by CDOT, Eagle County, or
the Town of Avon.
• All equipment would have sound -control devices no less effective than those provided on the
original equipment.
• All internal combustion engines would be fitted with appropriate muffler systems
Odor: An odor is the property of a substance to stimulate chemical sense receptors that sample the
air in and around a human or animal. Existing odors near the staging areas may include the odor of
smoke from wood burning stoves or open burning, and exhaust from vehicles traveling along
U.S. Highway 6. Odors due to use of the staging areas would be limited to the six-month construction
period, and may include vehicle and equipment exhaust. These odor emissions are expected to be
short-term and transient in nature, and would be adequately dispersed by diurnal winds.
Dust: Impacts to air quality in the staging areas be short term, transient, and limited to the
construction period of approximately six months. Vegetation clearing, grading, operation of vehicles,
and restoration activities in the staging areas may produce fugitive dust or exhaust emissions during
the construction phase of the Project.
PSCo submitted an application for a General Construction Permit from the Colorado Department of
Public Health and Environment (CDPHE) and prepared a Fugitive Dust Plan and Air Pollution
Emission Notice (APEN) on February 14, 2011. Because this is a general permit, the Project is
considered covered once the application has been submitted to CDPHE. The Air Pollution Control
Division will eventually issue a General Construction Permit.
Exhibit B
Matt Pielsticker
Town of Avon
Page 11 of 24
Mitigation measures to protect air quality include:
• Construction vehicles and equipment would be shut off when not in use to limit the amount of
exhaust emissions.
• Dust suppression would be conducted during construction. Water for dust suppression would be
obtained from municipal sources approved by Eagle County and/or the Town of Avon prior to
construction.
Hazardous Materials: Construction activities would be performed by methods that prevent entrance
or accidental spillage of solid matter, contaminants, debris, and other pollutants and wastes into
flowing streams or dry watercourses, lakes, and underground water sources. Construction staging
areas are located and arranged in a manner to preserve trees and vegetation. Excavated material or
other construction materials would not be stockpiled or deposited near or on stream banks or other
watercourse perimeters where they could be washed away by high water or storm runoff or could
encroach upon stream banks.
No vehicle maintenance or fueling of vehicles would be conducted in the staging areas. No
hazardous materials would be stored on site.
Upon completion of the construction, construction materials and debris would be removed from the
site. Work areas would be re -graded, as required, so that surfaces would drain naturally, blend with
the natural terrain, and be left in a condition that would facilitate natural revegetation. Disturbed areas
where vegetation was removed by construction activities to an extent that it caused potential soil
erosion would be treated with seedbed preparation techniques, re -seeded with an approved seed
mixture, and mulched, if necessary, during the planting season per the Project's Revegetation and
Weed Management Plan (Attachment 4).
The Project Stormwater Management Plan (SWMP) (Attachment 5) further specifies the specific
BMPs that would be employed to protect water resources from potential releases of hazardous
materials or other contamination. No hazardous materials or fueling of vehicles would occur in the
staging areas.
Water Quality: Earth -disturbing activities at the staging areas will generally include grading and
stockpiling. Sediment control and stockpile containment BMPs for these activities includes usage of
erosion/sediment control logs, silt fence, sweeping, temporary berms, vehicle tracking control, inlet
and culvert protection. Erosion Control BMPs may include surface roughening, mulch/mulch tackifier
application, erosion control blankets, seeding and mulching, temporary slope drains and a vegetative
buffer zone. Administrative controls would include phased construction to reduce the amount of open
area at any given time and limiting the number of stockpiles.
The movement of vehicles from disturbed areas to paved streets during all phases of construction
activities can disturb area soils and contribute to sedimentation and erosion. Sediment control BMPs
for these activities may include stabilized construction entrances (rock, geotextiles, or mud mats),
street sweeping, and inlet and culvert protection.
Exhibit B
Matt Pielsticker
Town of Avon
Page 12 of 24
Potential water quality impacts to surface and ground water would be avoided through the use of
stormwater protection BMPs listed in Table 2.13-2. PSCo would adhere to the Colorado construction
stormwater permit and stormwater management plan requirements for this Project. The SWMP
includes specific mitigation measures and BMPs that would be followed to protect surface water
quality and to prevent erosion and is attached as Attachment 5.
The CDPS General Permit allows the following non-stormwater discharges in combination with
stormwater discharges associated with construction sites, provided that the non-stormwater
component of the discharge is identified in the SWMP:
• Discharges from fire -fighting activities
• Natural springs
• Landscape irrigation return flow
• Discharges to the ground of concrete washout water from washing of tools and concrete mixer
chutes are allowed under this SWMP, provided that the washout water is confined in a concrete
washout area and does not leave the site as surface runoff or to surface waters and does not
enter groundwater
• Certain construction dewatering discharges
The CDPHE Water Quality Control Division's General Permit for Stormwater Discharges from
Construction Activities allows for dewatering of groundwater and stormwater to the ground surface to
allow for infiltration on the site. No groundwater from construction dewatering would be discharged as
surface runoff or to surface waters on the site. It is not anticipated that dewatering activities would be
required during this Project.
5. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire
protection, and roads and transportation, as applicable) would be available to serve the subject
property while maintaining adequate levels of service for existing development; and
The temporary staging areas would not require sewage, waste disposal, water, gas, or electric
service, nor would it burden police and fire protection services.
6. Adequate assurances of continuing maintenance have been provided.
Exhibit B
After the use of the land as a staging area, no maintenance would be required at the site except for
revegetation. PSCo would monitor the staging areas, along with other areas of the proposed Project
where vegetation would be disturbed, for revegetation and to manage for noxious weeds according to
the Revegetation and Weed Management Plan developed for the Project (included as Appendix F in
the AASI Permit application).
Matt Pielsticker
Town of Avon
Page 13 of 24
Exhibit B
If you have any questions concerning the response to your questions please do not hesitate to call myself
or John MacDonald (Permitting Project Manager, Tetra Tech EC, Inc. ph: 970-206-4330, email:
john.macdonald@tetratech.com).
Sincerely,
Richard J. Grady
Public Service Company of Colorado
Supervisor, Right of Way & Permits
303-571-3135 office
rick.grady@xcelenergy.com
Attachments (5):
1. Sheetmap 3 from AASI Permit Application, showing staging area locations
2. Existing Site Contours
3. Site Plan
4. Revegetation and Weed Management Plan
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To Planning and Zoning Commission
Fr Sally Vecchio, Ass't Town Mgr/Community Development
Date May 3, 2011
RE Public Hearing - Amendment to Title 7 — Avon Development Code Text Amendment To
Establish Regulations for Temporary Uses
Request
Earlier this year, the Avon Town Council initiated an amendment to the Avon Development Code to
establish regulations that would expand the town's scrutiny of temporary uses and special events in the
town. The proposed regulations (attached as Resolution 11-05) allow for the establishment of certain
temporary uses for limited duration, provided that such uses comply with general and specific review
criteria.
The proposed language is a text amendment to Title 7 and is subject to Title 7 Avon Development Code
Zoning Text Amendments, §7.16.040(c) Review Criteria.
Background
The proposed regulations provide for several types of temporary uses: Temporary Uses and Structures
for activities not already approved by permit, including activities that are not normally allowed in the zone
district; Temporary Construction Activities, such as construction -material storage and employee parking
for off-site construction activities; Temporary Outdoor Sales and Events; and Temporary Parking for
Special Events or Other Purposes.
Temporary uses, structures and construction activities that do not exceed ten (10) days in a calendar year
and special events that do not exceed one hundred (100) persons in a single day may be approved by
the Community Development Director. All other applications will be reviewed by the Planning and Zoning
Commission (PZC).
Permits for special events on public property (i.e., streets, sidewalks, public buildings, or public parks) will
not be subject to these regulations unless the Town Council determines that such an event must apply for
a temporary use permit, in which case Council shall also determine if such application should be
processed administratively or before the PZC.
The review criteria for considering temporary use applications is intended to ensure that such temporary
uses or structures will not cause unreasonable negative impacts to properties, residents, business or
public uses in the vicinity, including: visual, noise, vibration, trash, hours of operation, traffic congestion,
parking, and safety.
Zoning Text Amendment Review Criteria
A zoning text amendment must meet the criteria set forth in Section 7.16.040(c) of the Avon Development
Code:
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 this Development Code; or
the text amendment is necessary or desirable to respond to changed conditions, new planning
concepts, or other social or economic conditions.
Analysis
• The proposed regulations provide a reasonable regulatory framework for the management of
temporary uses on private property and will help assure the protection of the public interest.
• The Avon Comprehensive Plan encourages flexible zoning that allows more effective
development, provides a benefit to the community, and is compatible with surrounding
development.
• The Avon Development Code promotes the planned and orderly use of land, buildings and opens
space.
Recommendation
Staff recommends that Title 7 — Avon Development Code be amended to establish regulations for
temporary uses.
Attachments
Resolution 11-05 Recommending Approval of Amendments to Title 7 of the Avon Municipal Code.
2
Attachment A
TOWN OF AVON, COLORADO
PLANNING COMMISSION RESOLUTION 11-05
SERIES OF 2011
A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 7
OF THE AVON MUNICIPAL CODE
WHEREAS, the Town Council initiated an amendment to the text of the Town of Avon
zoning code in accordance with Section 17.28.020 of the Avon Municipal Code; and
WHEREAS, the Planning and Zoning Commission of the Town of Avon held a public
hearing on May 3,2011 after posting notice of such hearing in accordance with the requirements
of the Avon Municipal Code, and considered all comments provided before taking action to
make a recommendation to the Town Council; and
WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and
welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of
these text amendments to the Town of Avon zoning code; and
WHEREAS, the Planning and Zoning Commission finds that the application to change the
Development Code text meets the criteria set forth in Section 7.16.040(c) of the Avon
Development Code.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission
hereby recommends the that the Town Council of the Town of Avon approve the following
amendments to Title 7 of the Avon Municipal Code:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2 Amendment to Chapter 7.24 Use Regulations. Section 7.24.080 Temporary
Uses and Structures is hereby repealed and reenacted in its entirety to read as follows:
7.24.080 Temporary Uses and Structures
(a) Purpose. This Development Code allows for the establishment of certain temporary
uses for limited duration, provided that such uses comply with the general and specific standards
of this section.
(b) Applicability. A Temporary Use permit is required for any temporary use or structure
that may be allowed in each zone district as listed in Section 7.24.080 Temporary Uses and
Structure unless such Temporary Use is an Exempt Temporary Use as defined in 7.24.080(g)
Exemptions below.
(c) Review Procedures. Applications for a temporary use permit shall follow the general
review procedures set forth in §7.16.020, General Procedures and Requirements. Applications
for temporary use permit may be initiated by the owner or lessee of the property for which a
temporary use or structure is desired. A temporary use permit may be extended or renewed by
applying for a new temporary use permit in accordance with the procedures and review criteria
in this §7.24.080.
(d) Review Authority.
(1) Administrative temporary use permit.
An administrative temporary use permit may be issued for any Temporary Use Permit as
defined in 7.24.080(e) below provided that the temporary use or structure shall not
exceed ten (10) days in calendar year and the temporary use shall not include events
exceeding one hundred (100) persons in a single day. Administrative Temporary Use
Permits shall not exceed one (1) year in duration. No notice or public hearing shall be
required for Administrative Temporary Use Permits. The Director may determine that
the character of the requested Minor Temporary Use requires review as a Major
Temporary Use Permit. The decision of the Director may be appealed to the Town
Council pursuant to §7.16.160, Appeal.
(2) Temporary use permit.
A temporary use permit may be issued by the PZC for any temporary use or structure not
allowed as a use by right, or as an accessory use or special review use in the applicable
zone district where the proposed temporary use or structure exceeds ten (10) days in a
calendar year. The PZC shall review and render a decision on an application for a
temporary use after conducting a public hearing. Mailed notice of the public hearing
shall be provided in accordance with §7.16.020(d)(2). The decision of the PZC may be
appealed to the Town Council pursuant to §7.16.160, Appeal.
(e) Temporary Uses. The following uses shall be classified as temporary uses:
(1) Temporary Structures. Temporary structures includes, but is not limited to,
temporary real estate offices, construction trailers, classroom, office, model home, including
manufactured or mobile units or similar portable structures.
(2) Construction -related Activities (including construction trailers, storage of
materials and equipment, and employee parking) for off-site construction activities that are
not related to a building permit for the subject property.
(3) Outdoor Sales or Events. The temporary outdoor display/sales of merchandise
(e.g., parking lot or sidewalk sales); seasonal sales (e.g. (Christmas Trees, Halloween
Pumpkins, Civic Group Merchandise); special events (e.g. fairs, festivals, or similar outdoor
events, amusement rides, animal shows, arts and crafts exhibits, auctions, carnivals, circuses,
concerts, fairs, festivals, flea markets, food events, and outdoor entertainment/sporting
events, rodeos); and farmer's markets.
(4) Temporary Parking for Special Events or Other Purposes.
(5) Other. Other temporary uses of a similar nature as determined by the Director.
2
(f) Exemptions. The regulations in this section shall not apply to the following uses:
(1) Construction activities located on a subject property, including the storage of
construction materials and construction equipment and construction related parking
associated with a valid building permit for such property;
(2) Funeral processions;
(3) Garage or estate sales;
(4) Private parties for fewer than fifty (50) people;
(5) Weddings of immediate family of the homeowner, not to exceed one -hundred and
fifty (150) guests;
(6) Regularly scheduled school events such as athletic events that use existing parking,
traffic controls, and public safety support;
(7) Natural disasters and emergencies, staging and assembly grounds; and
(8) A governmental agency acting within the scope of its functions.
(g) Permits for Special Events on Public Property. Permits for special events on any
street, alley, sidewalk, public building, or public park shall not be subject to the procedures and
standards in this Chapter 7.24.080 unless the Town Council determines by motion that a special
event must apply for a temporary use permit, in which case Town Council shall also determine if
such application should be processed administratively or by public hearing. Special events on
public property shall otherwise be subject to the following provisions of the Avon Municipal
Code, including but not limited to:
(1) Alcoholic beverage permits (Chapter 5.08, Liquor Licenses);
(2) Amplified Sound (Chapter 5.24, Amplified Sound Permits);
(3) Public Parks and Special Event Areas (Chapter 9.40, Public Parks and Special
Event Areas).
(h) Review Criteria. The following review criteria are the basis for a decision on an
application for a temporary use permit.
(1) The temporary use or structure shall not cause unreasonable negative impacts to
properties, residents, business or public uses in the vicinity, which cannot be mitigated
through the imposition of conditions on such temporary use or structure, such negative
impacts to consider include, but are not limited to: visual, noise, vibration, trash, hours of
operation, traffic congestion, parking, safety, soil and vegetation disturbance, natural
resource impacts and reasonable expectations of enjoyment of property based upon zone
district designations and community planning documents;
3
(2) Facilities and services (including sewage and waste disposal, water, gas, electricity,
police and fire protection, roads and transportation, as applicable) will be available to serve
the proposed temporary use or structure while maintaining adequate levels of service for
existing development;
(3) The temporary use shall comply with all applicable general and specific regulations
of this Section, other Town ordinances, and state and federal law unless otherwise expressly
stated;
(4) The applicant has demonstrated that he or she possesses the requisite skills and
experience to ensure that the particular activity will be conducted in a safe and orderly
manner;
(5) The temporary use or structure is not of a nature that will become impractical to
ceases or remove over time;
(6) Adequate plans or sureties are proposed to guarantee restoration of the property
after the temporary use or structure ceases;
(7) All temporary signs associated with the temporary use or structure shall be properly
permitted pursuant to Chapter 15.28, Sign Code and removed when the activity ends or
permit expires, whichever occurs first;
(8) The temporary use or structure shall not violate any applicable conditions of
approval that apply to a principal use on the site;
(9) The temporary use regulations of this section do not exempt the applicant or
operator from any other required permits, such as food service or building permits;
(10) The temporary use or structure, including any associated parking and traffic
circulation, shall not disturb sensitive or protected resources, including required buffers, 100 -
year floodplains, and required landscaping and the applicant shall agree to restore all
disturbed areas of the site to the condition that existed prior to the temporary use or structure;
(11) Tents and other temporary structures shall be located so as not to interfere with the
normal operations of any permanent use located on the property, shall be anchored, and meet
the requirements of the building official, including fire rating;
(12) Off-street parking shall be adequate to accommodate the proposed temporary use or
an acceptable parking plan shall be approved with the temporary use or structure;
(13) The temporary use will not result in excessive demands for police, ambulance, fire,
or other essential public services which may negatively impact the capacity of existing public
services provides to meet existing public service demands;
(14) The size, nature, or location of the temporary use or structure is not reasonably
likely to cause a clear and present danger of injury to persons and property;
4
(15) Another temporary use permit application has not been received prior in time or has
already been approved for the same time and place requested by the applicant or so close in
time and place to that required by the applicant that the issuance of both permits would case
undue traffic congestion; and
(16) The location of the temporary use or structure will not substantially interfere with
any construction or maintenance work scheduled to take place upon Town streets; and
(17) The temporary use or structure shall be for a duration which is appropriate
considering the location, use, planned development and activities in the vicinity and impact
on nearby properties; however, in no event shall a temporary use be granted for more than
three (3) years.
ADOPTED THIS 3rd DAY OF MAY, 2011
Signed:
Chris Green, Chair
Attest:
Scott Prince, Secretary
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