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Home My WebLink AboutORDINANCE 14-21ORDINANCE NO.14-21 AN ORDINANCE AMENDING CHAPTERS 4 AND 11 OF THE ESTES PARK DEVELOPMENT CODE REGARDING MAXIMUM BUILDING HEIGHT IN THE DOWNTOWN COMMERCIAL (CD)ZONING DISTRICT AND RELATED DESIGN STAN DARDS WHEREAS,on August 17,2021,the Estes Park Planning Commission conducted a public heating on a proposed text amendment to the Estes Park Development Code to change the allowable height to forty-two (42)feet from the existing thirty (30)feet,to incorporate design standards for buildings over 30 feet,and to make other related minor adjustments in Downtown Commercial (CD)Zoning District development standards;and WHEREAS,on August 17,2021,the Estes Park Planning Commission voted to recommend approval of the text amendment;and WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado finds the text amendment complies with Estes Park Development Code section 3.3.D and has determined that it is in the best interest of the Town that the amendment to the Estes Park Development Code,as set forth on Exhibit A,be approved. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS: Section 1:Section 4.4 and Chapter 11 of the Estes Park Development Code are hereby amended by the addition of underlined material and deletion of stricken material as set forth on Exhibit A,attached hereto and incorporated herein by reference.In Exhibit A,ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ZSday of 2021. TOWN OF ESTES PARK,COLORADO By: Mayor ATTEST: TjCIerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the Zday of ‘-2O21 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the day of c *tb4l,2021,all as required by the Statutes of the State of Colorado. APPROVED AS TO FORM: T Town Attorney EXHIBIT A §4.4 -Nonresidential Zoning Districts (...) C.Density and Dimensional Standards. (...) 4.Table 4-5:Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts Zoning Minimum Land Minimum Lot Size [7]Minimum Building/Structure Max.Max.Lot District Area per Setbacks [4][8]Bldg Coverage Accommodation Height (%) or Residential (ft.)[9] Unit (sq.ft.per unit)Area (sq ft)Width (ft.)Front Side (ft.)Rear (ft.) (ft.) A Accommodation 40,000 [2](Ord.700 [3]Arterial =15 [61 10 [6]30 50 Unit =1800 15-11 §1)25 [51;All (Ord.15- [1J;Residential other 11 §1) Units:SF =streets = 9,000;2-Family =15 6,750;MF =5,400 fOrd.16-1051; Ord.19-10 §1) A-i 10,890 [10]fOrd.15,000 [21 fOrd.50 [3]Arterial =15 fOrd.10 30 30 19-10 Si;Ord.15-li Si)25 [5];15-11 §1) 16-10 51)All other streets = 15 CD Accommodation Accommodation SF &2 Minimum If lot If lot 3 n/a Units Only =uses =20,000 Family =8 abuts a E abuts a SE 42i 1,800;SF &2-5Q (standalone)Maximum residential residential building Family All other uses ==-25i =16 property =property =s higher (standalone)=n/a 10;10;than 30 9,000;(standalone)All other All other feet are Dwelling Units =-1-0O cases =0 cases =0 subject (1 St Floor)1 unit Ai-oh [ijJ L1iJ to 511.: per 2,250 square uses —n/a feet of gross land area Dwelling Units Zoning Minimum Land Minimum Lot Size [7]Minimum Building/Structure Max.Max.Lot District Area per Setbacks [4][8]Bldg Coverage Accommodation Height (%) or Residential (ft.)[9] Unit (sq.ft.per unit)Area (sq ft)Width (ft.)Front Side (ft.)Rear (ft.) (ft.) (2nd Floor or higher floors)No minimum gross land area per unit (Ord.15-03 §3) CO n/a Lots fronting Fronting Arterial =15 [6]15 [6]30 65 arterials =arterials =25 [5]; 40,000 [2];200;All other Outdoor All other streets Commercial lots =50 =15 Recreation! Entertainment = 40,000 [2] All other lots = 15,000 [2] 0 Residential Units 15,000 [2]Fronting Arterial =15 [6]15 [6]30 50 (2 Floor)Arterials’=25 [5]; 1 unit 2,250 sq.200;All other ft.GEA of All other streets = principal use lots 50 15 CH n/a 6,000 [2]50 15 0 [6]0 [6]30 80 n/a 15,000 [2]Fronting Arterial =10 [6]10 [6]30 80 Arterials =25 [5]; 200;All other All other streets = lots=50 15 Notes to Table 4-5 (...) [111 For purposes of these cells,the term “SF residential property”means any property whose use (whether occupied or vacant)is in accord with §13.3.92 of this Code at the time the relevant building permit(s)are issued for development of the subject CD-zoned property.provided that the relevant building permit(s)entail a change in the setback distance adjoining the single-family property use.Notwithstanding any development approval under this Code for a lesser setback,this footnote may require an additional setback as provided in these cells if an adjacent single-family use is established prior to issuance of the relevant building permit(s)at the CD-zoned property. Otherwise.the relevant building permit(s)shall not be issued. CHAPTER 11.—INCENTIVES AND DEVELOPMENT PROVISIONS IN THE CD ZONING DISTRICT (...) §11.5 BUILDING HEIGHT EXCEPTION FOR RESIDENTIAL DEVELOPMENTS IN THE CD ZONING DISTRICT [Reserved for Future Use] A.Purpose.This Section is intended to provide clear and transparent design guidelines for proiects seeking to build above 30 feet in height in the CD Zoning District through construction of new buildings or additions to existing buildings. The section is also intended to encourage reinvestment in downtown buildings and encourage upper-story workforce housing in a walkable,mixed-use context. B Eligibility.Proposed developments in the CD (Downtown Commercial)zoning district are eligible to build to a maximum height of 42 feet,if consistent with the guidelines of this Section.This Section’s height allowance for downtown residential proiects shall not be available and shall not be applied in any zoning district except the CD zoning district. C Development and Design Standards. 1.Short-Term Rentals Prohibited.Housing units approved under provisions of this Section shall not be rented,leased,or furnished for tenancies of less than thirty (30)days.(see 5.1.B).This prohibition shall be memorialized in a note on the face of any development plan approved pursuant to this Section. 2.The highest floor shall include a step-back of no less than 8 feet from the building façade on any portion of the building facade facing a street right of way,river corridor,trail corridor and any other public open area. 3.Blank walls shall not exceed 10’in height by 15’in length without a window or doorway when visible from a public street,open space or pedestrian oriented space or pathway. 4.Building projects shall demonstrate that they are meeting the design guidelines below: a.To encourage horizontal articulation,and to modulate the apparent size and scale of a building,a portion(s)of the street facing façade should be stepped forward or backward from the predominant facade plane of the building. b.Storefronts and other buildings with non-residential uses on the ground level shall include a minimum of two of the following articulation features for every 30 feet or additional fraction thereof on continuous building frontage to create a human scaled fapade pattern: (jJ Windows. ()Entries. ()Use of weather protection features such as a canopy. (4)Change in roofline of a least 12 inches in depth.)Change in building material or siding style. (.)Articulation of a single building material through varying colors,textures,or incorporating joints or an integrated trim pattern. ()Vertical elements such as a trellis with plants,green wall,art element.