COUNCIL COMMUNICATION Meeting Date:

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1 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Work Plan # Legal Review: _X_ 1 April 25, 2017 Action Item st Reading 2 nd Reading Subject: An ordinance amending Section of the Thornton City Code to expand the authorized hours for construction activities and the use of domestic and commercial power equipment in certain limited circumstances. Recommended by: Jason O Shea Approved by: Jeff Coder Ordinance previously Presenter(s): Robin Brown, Code Compliance Supervisor introduced by: SYNOPSIS: This ordinance expands the authorized hours for construction activities and the operation of power equipment for projects of economic significance in certain limited circumstances. The current City Code restricts such activities to the hours of 6 a.m. to 9 p.m., except for industrial districts. The proposed changes would allow construction activities and the use of power equipment regardless of the time of day, provided the activities/usage occurs at least 400 feet from an occupied residential dwelling. Construction activities must still comply with the maximum decibel levels specified in the Code. Sound from power equipment may not exceed 88 decibels, which is the existing maximum level authorized during the day in all zoning districts, except industrial. The proposed changes will provide flexibility for unforeseen construction delays, such as weather, and by allowing work related to a project of economic significance to continue at night if the specified requirements are met. Several neighboring jurisdictions offer similar options via a permitting process. RECOMMENDATION: Staff recommends Alternative No. 1, approval of the ordinance as drafted. BUDGET/STAFF IMPLICATIONS: No budgetary or staff implications are anticipated. ALTERNATIVES: 1. Approve the ordinance as drafted. 2. Approve the ordinance with changes directed by Council. 3. Do not approve the ordinance. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): City Council discussed this item at a Council Update on March 28, 2017 and directed staff to prepare an ordinance for their formal consideration. Section of the City Code authorizes administrative development review for projects of economic significance. This process shortens the development timeline for primary employment and other approved projects, ensuring that businesses can be constructed/reconstructed and thus open more quickly. Qualifications for the administrative development review process include:

2 COUNCIL COMMUNICATION PAGE 2 1. Automatic designation of land uses such as an industrial business, convention center, hospital, general office facility, multilevel parking garage, office showroom/warehouse, and warehouse. Applications may also be considered for other nonresidential developments and for mixed use developments where at least 50 percent of the development is nonresidential. 2. The application does not require a zone change. If a zone change is required, a concurrent application for administrative review may be submitted. 3. The application meets the requirements for the zoning district in which it is located. 4. The use will not be a detriment to the public health, safety, or welfare. 5. The use will significantly increase sales, use, or property taxes or other revenue to the city; or significantly increase employment; or advance the redevelopment of property; or provide other significant benefits as determined by the City Council. Staff reviewed the noise regulations for neighboring jurisdictions as they relate to construction activities and power equipment. Arvada, Aurora, Brighton, and Northglenn have permitting options that would allow a variation from the code standards for noise. Broomfield, Commerce City, Federal Heights, and Westminster do not have a variance/permitting process, so the maximum decibel level of construction activities or power equipment must comply with the existing standards in their codes.

3 INTRODUCED BY: AN ORDINANCE AMENDING SECTION OF THE THORNTON CITY CODE TO EXPAND THE AUTHORIZED HOURS FOR CONSTRUCTION ACTIVITIES AND THE USE OF DOMESTIC AND COMMERCIAL POWER EQUIPMENT IN CERTAIN LIMITED CIRCUMSTANCES. WHEREAS, the City currently regulates nuisances in Chapter 38 Article X of the Code; and WHEREAS, the Code currently prohibits construction activities and the use of domestic or commercial power equipment between the hours of 9:00 p.m. and 6:00 a.m. except for industrial districts; and WHEREAS, Section of the Code specifies circumstances under which a development can be designated as a project of economic significance and can therefore proceed under administrative development review; and WHEREAS, the City desires to expand the authorized hours for construction activities and the use of domestic and commercial power equipment for uses authorized for administrative development review and therefore amendments to Section of the Code are necessary; and WHEREAS, the City finds these Code amendments are necessary to promote the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. Subsections (c)(5) and (c)(7) of the Thornton City Code are hereby amended by the addition of the words double-underlined and the deletion of the words stricken to read as follows: Sec Noise disturbances prohibited. (c) Noise sound level standards. (1) Sound pressure levels shall be measured at the approximate location of the property line or, for motor vehicles, at least 25 feet from the motor vehicle, at a height of at least four feet above the immediate surrounding grade, on a sound level meter of standard design and operated on the A network. (2) The maximum permissible sound pressure levels of any continuous source of sound is given in subsection (c), Table A, Sound Pressure Level Limits. Sound pressure levels in excess of the limits for the district in which the source is located are considered an unreasonable noise and are prohibited.

4 Table A. Sound Pressure Level Limits District db(a) During the Day, 7:00 a.m. to 7:00 p.m. db(a) During the Night, 7:00 p.m. to 7:00 a.m. All Residential Districts Nonresidential Districts Except Industrial Industrial Districts (3) The repairing, rebuilding or testing of any type of motor vehicle and the operation of machinery, equipment, pump, air conditioning apparatus or similar mechanical device shall be subject to the maximum permissible sound pressure levels in subsection (c), Table A, for the district in which the source is located. (4) The standards in subsection (c), Table A, do not apply to any sources of sound that have their own set of standards in this section. (5) Construction activities as defined in Section 38-1 are subject to the following requirements: a. Construction activities are prohibited within any zoning district between the hours of 9:00 p.m. and 6:00 a.m. unless specifically authorized in paragraph (5)c or (5)d, below. b. Construction activities occurring between 6:00 a.m. and 9:00 p.m. shall comply with the sound pressure level limits for industrial districts given in subsection (c), Table A. c. Construction activities in industrial districts are allowed at all times of the day, subject to the sound pressure level limits for that district in subsection (c), Table A. d. Construction activities associated with the development of property that has been authorized for administrative development review in Section of the Code, and which are located at least 400 feet from an occupied dwelling unit, may occur at any time of day and shall comply with the sound pressure level limits in subsection (c), Table A. prohibited within any zoning district, except an industrial district, between the hours of 9:00 p.m. and 6:00 a.m. At all other times, construction activities are subject to sound pressure level limits for industrial districts given in subsection (c), Table A. (6) Within enclosed places of public entertainment, when individuals are subject to sound levels and exposure durations exceeding those shown in subsection (c), Table B, all feasible administrative or engineering controls shall be utilized to protect against the effects of such noise exposure. 2

5 Table B Exposure Duration Per Day (hours) Sound Level db(a) Slow Response or less 115 (7) No person or entity shallit shall be unlawful to operate or permit to be operated on private property or in the public right-of-way any domestic or commercial power equipment unless in compliance with the following standards within any zoning district, except for an industrial district: a. The operation of Ddomestic or commercial power equipment is prohibited between the hours of 9:00 p.m. and 6:00 a.m., unless authorized in paragraph (7)d or (7)e, below.; or b. The operation of Aany commercial power equipment which exceeds a sound pressure level of 88 db(a) between the hours of 6:00 a.m. and 9:00 p.m. is prohibited.; or c. The operation of Aany domestic power equipment which exceeds a sound pressure level of 80 db(a) between the hours of 6:00 a.m. and 9:00 p.m. is prohibited. d. The operation of domestic or commercial power equipment is allowed at all times of the day in industrial districts. e. The operation of domestic or commercial power equipment is allowed at all times of the day when associated with the development of property that has been authorized for administrative development review in Section of the Code, when the sound pressure level does not exceed 88 db(a), and when the operation of the equipment occurs at least 400 feet from an occupied dwelling unit. 2. If any portion of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. 3

6 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portions hereof are hereby repealed to the extent of such inconsistency or conflict. 4. The repeal or amendment of any provision of the Code by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 5. This ordinance shall take effect upon final passage. INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on, PASSED AND ADOPTED on second and final reading on, CITY OF THORNTON, COLORADO ATTEST: Heidi K. Williams, Mayor Kristen N. Rosenbaum, City Clerk 4

7 THIS ORDINANCE IS ON FILE IN THE CITY CLERK S OFFICE FOR PUBLIC INSPECTION. APPROVED AS TO LEGAL FORM: Luis A. Corchado, City Attorney PUBLICATION: Posted in six (6) public places after first and second readings. Published in the Northglenn-Thornton Sentinel after first reading on, 2017, and after second and final reading on,