HomeMy WebLinkAboutORDINANCE 05-18ORDINANCE NO.05-18
AMENDING THE ESTES VALLEY DEVELOPMENT CODE ADDING SCHOOLS TO
CERTAIN RESIDENTIAL AND NON-RESIDENTIAL ZONING DISTRICTS,
MODIFYING “SCHOOL”DEFINITIONS,AND ADJUSTING PROCEDURES FOR
SCHOOL REVIEWS
WHEREAS,on March 20,2018,the Estes Valley Planning Commission conducted a
public hearing on a proposed text amendment to the Estes Valley Development Code,ADDING
SCHOOLS TO CERTAIN RESIDENTIAL AND NON-RESIDENTIAL ZONING DISTRICTS,
MODIFYING “SCHOOL”DEFINITIONS,AND ADJUSTING PROCEDURES FOR SCHOOL
REVIEWS;and found that the text amendment complies with Estes Valley Development Code
§3.3.D Code Amendments,Standards for Rev/ew;and
WHEREAS,on April 10,2018,the Estes Valley Planning Commission voted to
recommend the approval of the text amendment;and
WHEREAS,the Board of Trustees of the Town of Estes Park finds the text amendment
complies with Estes Valley Development Code §33,D Code Amendments,Standards for Rev/ew
and has determined that it is in the best interest of the Town that the amendment to the Estes
Valley Development Code,as set forth on Exhibit A [Aquamarine],be approved;and
WHEREAS,said amendment to the Estes Valley Development Code is set forth on Exhibit
A [Aquamarine],attached hereto and incorporated herein by this reference:
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
Section 1:The Estes Valley Development Code shall be amended as more fully set
forth on Exhibit A [Aquamarine].
Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
PASSED AD ADOPTED by The Board of Trustees of The Town of Estes Park,
Colorado,This D-{h day of
_______________________,
2018.
TOWN OF EST SP RK,COLORADO
By:
Mayor
ATTEST:
-a -T Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the ID-l4.day of
_______________,
2018 and published in a
newspaper of general circulation in the Town of Estes’Park,Colorado,on the 7.74-{’day of
_____________
2018,all as required by the Statutes of the State of Coloradq.
Clerk
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CHAPTER 3,REVIEW PROCEDURES AND
STAN DARDS
§3.5 SPECIAL REVIEW USES
B.Standards for Review.All applications for a special review use shall demonstrate compliance
with all applicable criteria and standards set forth in Chapter 5,“Use Regulations,”of this Code.
Applications for Si or S2 Special Review shall provide a narrative that describes how the
proposed use fulfills the applicable requirements and standards for the use.In order to minimize
adverse impacts of the proposed use,an approval of Special Review Use may be conditioned
based upon information provided in the narrative and staff findings.
For purposes of the Special Review,the narrative shall describe the following,as applicable:
1.The proposed use and its operations;
2.Traffic generation including a Traffic Impact Study if determined necessary by the Decision-
Making Body;
3.Existing zoning compatibility;
4.Location of parking and loading,including size,location,screening,drainage,landscaping,and
surfacing;
5.Effect on off-site parking;
6.Street access points,including size,number,location and/or design;
7.Hours of operation,including when certain activities are proposed to occur;
8.Exterior lighting;
9.Effects on air and water quality;
10.Environmental effects which may disturb neighboring property owners such as;
a.Glare.This may be described in terms of location,design,intensity and shielding;
b.Noise;and
c.Dust;
11.Height,size,setback,and location of buildings and activities;
12.Any diking,berms,screening or landscaping,and standards for their installation and
maintenance;and
13.Other resources.This description shall include information on protection and preservation of
existing trees,vegetation,water resources,habitat areas,drainage areas,historic resources,
cultural resources,or other significant natural resources.
CHAPTER 13.DEFINITIONS
§13.2 -USE CLASSIFICATIONSISPECIFIC USE DEFINITIONS
AND EXAMPLES
C.Use ClassificationlSpecific Use Definitions and Examples.
42.Schools.
a.Genecal Definitions:
School:Any building or part thereof used for instructional purposes to
provide elementary,secondary,post-secondary or vocational education.
Public School:Any elementary or secondary school under the
jurisdiction of a public-school district or local board of education,organized
under the laws of the State of Colorado.Public Schools may include charter
schools and institute charter schools,as defined by the Cotorado Department
of Education.
Non-Public School:Any elementary or secondary school not under the
jurisdiction of a public-school district or local board of education.Parochial
Schools are Non-Public Schools.
b.Examples:This use classification includes:
(1)Educational institutions at the primary,elementary,
middle,junior or high school level.Examples include daytime schools,
boarding schools and military academies.
(2)Business,vocation and trade schools (at the secondary or
higher education levels).
c.Exceptions:This use classification does not include preschools,
which are classified as “Day Care Centers.”
§3.13 -Public FacilitylUse Location and Extent Review
C.Procedure for Location and Extent Review.
1.Public Uses.
a.A proposed development plan shall be submitted to the EVPC for
approval,pursuant to the development plan approval process set forth
in §3.8 of this Chapter,prior to the construction or authorization of any
public use that is subject to location and extent review.
b.Failure of the EVPC to act within thirty (30)days after the date of
official submission of the development plan shall be deemed an approval,unless
a longer period is granted by the submitting board,body or official.
c.If the EVPC disapproves the development plan,it shall
communicate its reasons to the Board of County Commissioners or Board of
Trustees,depending on the location of the proposed project.The respective
Board is authorized to overrule such disapproval by a majority vote of its entire
membership.Upon overruling,the Board may proceed with construction or
authorization of the project,as applicable.
d.If the project is not required to be authorized or financed by the
Board of County Commissioners or Board of Trustees,or other County or Town
official or board,the EVPC’s disapproval may be overruled by the body or official
having jurisdiction over the authorization and financing of the project.A vote to
overrule by such body shall be by a majority vote of its entire membership.In the
case of a utility owned by an entity other than a political subdivision,the EVPC’s
disapproval may be overruled by the Public Utilities Commission by not less than a
majority of its entire membership.