To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Tara Vargish, Director of Development Services
Title
Resolution Approving a Variance Pursuant to Section 9.16.070.E of the Castle Rock Municipal Code for Night Time Construction Activities Related to the Olinger Andrews Caldwell Chapel Project (407 Jerry Street)
Body
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Executive Summary
The Olinger Andrews Caldwell Chapel Project (Project), located at 407 Jerry Street, is requesting a variance to the Town’s noise ordinance to allow for night construction activities associated with water main connections to occur outside of the time periods currently permitted by the Town’s municipal code. The variance would permit the proposed night work to be scheduled during June 2021.
The Town’s noise ordinance prohibits construction activities that create noise disturbances between 7:00 p.m. and 7:00 a.m. Monday through Friday, and between 6:00 p.m. and 8:00 a.m. Saturday through Sunday, including holidays.
Strict adherence to the noise ordinance would require the work to be performed between 7:00 a.m. and 6:00 p.m. on weekdays or between 8:00 a.m. and 5:00 p.m. on weekends. The water main connection work requires the water main in the area to be shut down and will affect the following businesses:
• Angie’s Restaurant - 201 4th St
• Authentic Connections Counseling Center - 419 Jerry St
• Castle Rock Chamber Foundation - 420 Jerry St
• Castle Rock Chamber of Commerce - 412 Jerry St
• Colorado Carpet & Flooring, Inc, Unit 100 - 410 Jerry St
• Mazur Investments, Unit 103 - 410 Jerry St
• McClintock Defense, Unit 104 - 410 Jerry St
• Mile High Locksmith, Unit 102 - 410 Jerry St
• Tallgrass Kitchen & Bath - 203 4th St
• Yolanda W. Ragou, Healing Palms, Unit 105 - 410 Jerry St
By authorizing night work, impacts to the affected businesses and travelling public will be minimized. The night work, in general, will start at approximately 10:00 p.m. and be completed by 5:00 a.m., prior to peak morning traffic and businesses opening, and will be limited to Monday-Friday nights
The Resolution (Attachment A), if approved, gives discretion to the Development Services Director to extend the variance time period by one month in order to complete any remaining work, if unforeseen construction issues arise that change the proposed schedule.
Town construction inspection staff and the project contractors understand the importance of minimizing noise disturbances when adjacent to residential areas during night time activities. All night work scheduled will be approved by the Town to minimize resident disruption. The project team will conduct public outreach to provide residents and businesses with advance notice of scheduled night time work. Staff is recommending approval of the variance to the Town’s noise ordinance in order to minimize disruption to daytime businesses and the traveling public.
Notification and Outreach Efforts
Staff and the project team will communicate these work activities to the public, as appropriate. Public outreach will occur in numerous forms such as; 1) Town social media, 2) Door notification, 3) Town’s Web site and others. Residents and businesses will be notified of the specific dates that work is to be completed adjacent to their properties, and traffic control plans will be developed and managed to ensure worker and public safety.
Discussion
The Olinger Andrews Caldwell Chapel Project is currently under construction. Per the approved design plans, water line connections are required for a proposed fire hydrant and a waterline for the fire sprinkler system. In order to make these critical connections, the Town’s water main in this area will need to be isolated and shut down for 1 to 2 nights. This will impact 10 businesses, who operate during the daytime hours. To minimize the impact to these local businesses, CR Water has requested for this work to be conducted at night when these businesses will be closed. In order to perform night construction activities adjacent to residential, the developer must obtain approval from Town Council.
The Town Municipal Code 9.16.030.B.5 prohibits construction noise that will create a noise disturbance across a residential real property boundary between 7:00 p.m. and 7:00 a.m., Monday through Friday and between 6:00 p.m. and 8:00 a.m. Saturday through Sunday, including holidays. A noise disturbance is defined in the Code as a 50-decibel level or higher at the residential real property boundary. Per Town Municipal Code 9.16.070.E.2, Town Council may grant a variance to the noise ordinance if compliance is found to cause undue hardship and further finds that the activity, operation or sound device will be of temporary duration, and even with the application of the best available control technology cannot be done in a manner that would comply with the requirement.
The attached location maps (Attachment B) illustrate the location of residential zoned properties in relation to the construction limits of the project. The maps indicate there are residential zoned properties within a block of the project area. It is anticipated that the construction work will create noise disturbances. Affected residents will be offered hotel accommodations on the night or nights when the night work is scheduled. The Town typically offers residents hotel accommodations during night time construction activities for Town projects, and in this case the developer is offering to do the same. There were three requests from residents in the downtown area last year for these types of accommodations.
Due to the desire to limit disruption to businesses affected by the water shut down, the developer is requesting a variance to the noise ordinance to allow the water main connection work to occur within the restricted hours. Night work construction activities will be limited to Monday evening through Friday morning and are expected to be completed within 2 nights.
Financial Impact
There is no financial impact to the Town. The developer of the project will bear the cost of providing affected residents hotel accommodations on the night or nights when work is scheduled. Although overtime for Town staff is not anticipated for this work, the developer will bear the cost of any overtime incurred by the Town, if needed.
Staff Recommendation
Staff recommends the Town Council approval of the Resolution as introduced by title.
Proposed Motion
“I move to approve the Resolution as introduced by title.”
Attachments
Attachment A: Resolution
Attachment B: Location Maps