PZC Packet 122011Memorandum
To Planning and Zoning Commission
Fr Sally Vecchio, Community Development Director
Date December 20, 2011
RE Work Session: Proposed Amendment to Avon Development Code (ADC) Table 7.24-1
Allowed Uses, to Permit Commercial Day Care Uses as Special Review Uses (SRU) in the
Light Industrial and Commercial (IC), Public Facilities (P) and Open Space (OLD) Zone
Districts.
The Planning and Zoning Commission (PZC) held a work session on Dec 6, 2011 to discuss a proposed
amendment to the Avon Development Code (ADC) to include commercial day care facilities as special
review uses in the Industrial (IC) Zone District, Public Facilities (P) Zone District, and the Open Space
(OLD) Zone District.
Given the potential conflicts between day care facilities and some industrial and commercial uses; the
PZC directed staff to provide additional development standards for commercial day care facilities. The
PZC also wanted more information on the Town's regulations for adult entertainment uses in the
Industrial Zone District.
Adult Entertainment Uses
The Town of Avon regulates adult entertainment uses pursuant to Avon Municipal Code (AMC) Chapter
8, Health and Safety, Sec 8.26 Nude Entertainment Establishments. Nude entertainment establishments
are permitted by special review in the Industrial (1) Zone District. Such establishments must be at least
200 ft. from any residential zone district or use, and 500 ft. from any school or church property.
Use Specific Regulations for Commercial Day Care
In addition to the general zone district requirements, a Commercial Child Care must comply with the
following Use -Specific Regulations (ADC, Sec 24.060(c)):
a. All child care centers, regardless of type or size, shall meet the applicable
licensing requirements of the Colorado Statutes (C.R.S. §26-6-102 et.
seq.) and the Regulations of the Colorado Department Human Services
(12 CCR 2509-9); and
b. A child care center shall provide one off-street parking space per employee
and a child loading/unloading area of adequate dimensions, preferably off-
street.
Use Specific Regulations for child care facilities should not be overly burdensome and should be related
to the safety of the occupants of the facility and the external impacts of the facility. Accordingly, staff
recommends the following additional regulations for child care facilities:
As A Principal Use, the facility must meet the following standards:
A. outdoor recreation area:
1. Be enclosed by a fence which allows air and light to penetrate it and be capable of
containing each child using the area;
2. Not be within a required building setback;
3. Not be closer than 15 feet to the edge of any public right-of-way; and
4. Not be within a parking area.
B. Parking Areas and Vehicular Circulation Patterns:
1. Enhance the safety of children as they arrive at and leave the facility.
2. Include a designated pickup and delivery area, providing at a minimum one stacking
space per 20 children, and
3. Locate all vehicle stacking lanes on site with an on-site turnaround or have separate
points for vehicle ingress and egress.
C. Outdoor Play Activities shall not be conducted before 8 a.m. or after 8 p.m.
D. If not located in a stand-alone building:
1. The facility shall be located on the first floor of a principal structure, and
2. The facility shall be separated (including the restrooms) by a physical barrier from the
remaining portion of the building in which it is located.
Staff Comment: These standards are consistent with the Avon Building Code requirements for
child care facilities. The ground floor requirement ensures that infants and small children can be
safely and quickly removed from a building in the event of an emergency.
II. As an accessory use the facility must meet the standards above plus:
A. Comply with ADC Section 7.24.070, Accessory Uses and Structures; and
B. Be compatible with adjacent land uses in terms of hours of operation, noise, lighting, parking
and similar considerations.
To The Avon Planning and Zoning Commission
Fr Jared Barnes, Planner I
Date December 16, 2011
RE: Resolution 11- 12, A Resolution Recommending The Town Council Initiate Amendments
To Title 7 Of The Avon Municipal Code, Section 7.16.080, Development Plan, And Table
7.16-1, Development Review Procedures And Review Authority, Concerning The Town
Council Review Of Town Core Major Development Plans
Summary
The Avon Development Code includes a new provision which authorizes the Town Council to render the
final decision on a major development plan in the Town Core. The Planning and Zoning Commission
(PZC) has referral authority in this case. A copy of ADC §7.16.080(e)(1), Major Development Plan, and
Table 7.16-1, Development Review Procedures and Review Authority are included in this memo.
Chairman Green requested a work session discussion with the PZC on this new provision for the
purposes of understanding how it would be implemented. At the November 15th meeting, the PZC
directed staff to prepare an amendment to the regulation removing the Town Council's review authority
for major development plans within the Town Core. At the December 6th meeting the PZC directed staff
to prepare a Resolution requesting that the Town Council initiate a code text amendment to the following
code sections:
§7.16.080(e)(1) Major Development Plan. The Director shall review and provide
a recommendation to the PZC on all major development plan applications. The
PZC shall render the final decision on a major development plan, unless the
ap is le . ;T n the Town Coro The decision of the PZC may be
appealed to the Town Council pursuant to §7.16.160, Appeal. if an app fiGat on i
leGated .,;thin the Town Gore, the Dir,,Gter shag and preWde a
FeGGngmendatien to— the —RZG. The PZG shag reWew and roWdo—a
Table 7.16-1: Development Review Procedures and Review Authority
Procedure
Director
PZC
TC
Comprehensive Plan Amendment (§7.16.030)
R
H -R
H -D
Code Text Amendment (§7.16.040)
R
H -R
H -D
Rezoning (§7.16.050)
R
H -R
H -D
Planned Unit Development (§7.16.060)
Administrative PUD
D
A
Preliminary PUD R
H -R
H -D
Final PUD R
H -R
H -D
Administrative Subdivision (§7.16.070)
D
A
Minor Subdivision (§7.16.070)
R
H -D
Major Subdivision (§7.16.070)
Preliminary Plan
R
H -R
H -D
Final Plat R
H -D
Annexation (§7.36)
R
H -R
H -D
Minor Development Plan (§7.16.080)
D
A
Major Development Plan (§7.16.080)
R
H -D
A
Major Development Plan in Town Core (§7.16.080)
R
H -R
H -D
Design Review (§7.16.090)
R
H -D
A
Special Review Use (§7.16.100)
R
H -D
A
Variance (§7.16.110)
R
H -D
A
Alternative Equivalent Compliance (§7.16.120)
R
H -D or H -R
A or H -D
Right -of -Way Vacation (§7.16.130)
R
H -D
Vested Property Right (§7.16.140)
R
H -R
H -D
Location, Character, and Extent (§7.16.150)
R
H -D
A
Appeal (§7.16.160)
H -D
R=Review/Recommendations; H=Public
Hearing;D=Decision; A=Appeal
Recommendation
Staff recommends that the PZC approve Resolution 11-12, a resolution requesting the Town Council
initiate a code text amendment to Section 7.16.080(e)(1), Major Development Plan, and Table 7.16-1,
Development Review Procedures and Review Authority.
Attached:
A. Town Core Map
B. Resolution 11-12, A RESOLUTION RECOMMENDING THE TOWN COUNCIL INITIATE
AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, SECTION 7.16.080,
DEVELOPMENT PLAN, AND TABLE 7.16-1, DEVELOPMENT REVIEW PROCEDURES AND
REVIEW AUTHORITY, CONCERNING THE TOWN COUNCIL REVIEW OF TOWN CORE
MAJOR DEVELOPMENT PLANS
EXHIBIT A
1
--4
A
TOWN OF AVON, COLORADO
PLANNING AND ZONING COMMISSION RESOLUTION 11-12
SERIES OF 2011
A RESOLUTION RECOMMENDING THAT THE AVON TOWN COUNCIL INITIATE
AMENDMENTS TO TITLE 7 OF THE AVON MUNICIPAL CODE, SECTION 7.16.080,
DEVELOPMENT PLAN, AND TABLE 7.16-1, DEVELOPMENT REVIEW PROCEDURES AND
REVIEW AUTHORITY, CONCERNING THE TOWN COUNCIL REVIEW OF TOWN CORE
MAJOR DEVELOPMENT PLANS
WHEREAS, the Town Council adopted the Avon Development Code (ADC) requiring Town
Council approval for Major Development Plans located in the Town Core; and
WHEREAS, Table 7.16-1, Development Review Procedures and Review Authority, and Section
7.16.080(e)(1) specify that "...The Town Council shall render the final decision on a major development
plan within the Town Core"; and
WHEREAS, the Avon Planning and Zoning Commission is appointed to serve as the design review
board for the Town of Avon in accordance with Section 7.12.040(a)(5), ADC; and
WHEREAS, the PZC finds that the addition of the Town Council review in the Town Core would
create an undue burden on an applicant to submit to two separate design review processes and review
bodies; and
WHEREAS, the Town Council may appeal any design review approval by the PZC pursuant to
Section 7.16.160, Appeal, ADC; and
WHEREAS, the inclusion of the Town Council in the design review process may marginalize the
PZC's duty as the design review board; and,
WHEREAS, the removal of Town Council review of major development plans in the Town Core
would respond to current development conditions and planning concepts and encourage development of
vacant parcels in the Town Core.
NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby
recommends that the Town Council of the Town of Avon initiate a Code Text Amendment to Section
7.16.080, Development Plan, & Table 7.16-1, Development Review Procedures and Review Authority, to
remove the Town Council authority to render the final decision on major development plans in the Town
Core.
ADOPTED THIS 20th DAY OF DECEMBER, 2011.
SIGNED: ATTEST:
Chris Green, Chair
Scott Prince, Secretary