HomeMy WebLinkAboutORDINANCE 21-19ORDINANCE NO.21-19
AMENDING THE ESTES VALLEY DEVELOPMENT CODE §7.12 TO PROHIBIT
GATED RESIDENTIAL COMMUNITIES IN MULTIPLE-LOT SUBDIVISIONS AND
MULTI-FAMILY DEVELOPMENTS
WHEREAS,on July 16,2019,the Estes Valley Planning Commission conducted
a public hearing on a proposed text amendment to the Estes Valley Development Code
to prohibit gated residential communities in multiple-lot subdivisions and multi-family
developments,and found that the text amendment complies with Estes Valley
Development Code §3.3.D Code Amendments,Standards for Review;and
WHEREAS,on July 16,2019,the Estes Valley Planning Commission voted to
recommend 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 §3.3.D Code Amendments,
Standards for Review 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,be
approved;and
WHEREAS,said amendment to the Estes Valley Development Code is set forth
on Exhibit A,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 AS FOLLOWS:
Section 1:The Estes Valley Development Code shall be amended as more fully
set forth on Exhibit A.
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 jr’”day of ?ccy )rF ,2019.
o
OFK3 COLORADO
ATTEST:
I hereby certify that the abovOrdinance was introduced at a regular meeting of the Board
of Trustees on the 15 day of Ar\uk 2019 and published in a
newspaper of general circulation in the Towntdf Estes Park,Colorado,on the Ii a4h
day of
____________
2019,all as required by the Statutes of the State of Colorado.
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EXHIBIT A
[Chapter 7 General Development Standards -§7.12.C,Adequate Public Facilities]
C.General Requirements.
1.Approval Conditioned Upon Adequate Public Facilities.
The approval of all development shall be conditioned upon the provision of adequate public
facilities and services necessary to serve the new development.No building permit shall be
issued unless such public facilities and services are in place or the commitments described in
this Section have been made.
2.Level of Service Standards.
a.This Section establishes level of service standards for the following public facilities:sewage
disposal,water,drainage,transportation,fire protection and electricity.(Ord.8-05 #1)
b.No development plan or building permit shall be approved or issued in a manner that will
result in a reduction in the levels of service below the adopted level of service standard for the
affected facility.
3.Vehicular Access to Public Streets and Private Driveways.
a.No public right-of-way or public access easement shall be gated,have security-personnel
stations or facilities,or have similar barriers installed,so as to restrict free vehicular access
thereupon.This provision shall not apply to:(a)gates or barriers,temporary or permanent,
installed under authority of public safety agencies;(b)temporary street closures under special
event permits;(c)permits granted by the Town;or (d)temporary closures required to perform,
infrastructure work or similar public-property maintenance duties.
b.Gate-restricted access and similar physical access-control barriers and facilities shall be
permitted across private driveways associated with non-residential developments;provided that:
(a)no gates or other access-restriction measures shall be installed across public right-of-way or
access easements.
c.Gates capable of closure and similar barriers shall be specifically prohibited from installation
or operation on the primary entrance of a private driveways accessing multi4amily dwelling
sites.Multi-family dwelling sites shall include private driveways accessing multiple single-family
dwellings or driveways accessing apartment complexes.These driveways shall be maintained
with unobstructed vehicular access between the dwelling entrance(s)and the public street
access.However,additional accessways to a such developments may be created with
emergency-access-only gates or barriers,provided the design,installation and operation shall
be approved by appropriate public-safety review entities,including the Estes Valley Fire
Protection District (EVFPD)Fire Marshall,for that purpose.
d.Temporary closures of private right-of ways to prevent adverse possession claims for public
use shall be allowed.
[Appendix D.Street Design and Construction Standards]
II.STREETS
D.Private Streets.
Where private streets are used,they shall meet all design and construction standards of this
Section,including right-of-way widths and surfaced widths.The entire street width shall be deed
restricted for street purposes.When private streets are used,the subdivider shall submit written
documentation,acceptable to the Town,that the streets will be properly maintained.The
recorded plat of any subdivision that includes a private street shall clearly state that each street
is a private street.Private streets shall not be allowed where a public street connection to
adjacent property may be required for existing or future access and traffic flow purposes.Private
streets shall have a primary entrance that is not restricted to vehicular traffic.Refer to Section
7.12.0.
J.Street Dedication.
1.All streets that dead-end at the subdivider’s property line,but will not connect with a
street dedicated to public use,shall be dedicated to public use to the property line.
2.All subdivisions shall provide for street construction and right-of-way connections to
adjoining properties,and shall not use gate-controlled access to restrict to vehicular
traffic.Refer to Section 7.12.0.
3.All right-of-way dedications to Larimer County for the purpose of streets shall be in
accordance with the Larimer County Transportation Plan Functional Road
Classification System.
Ill.GENERAL SITE ACCESS:
A.Access to Public Streets.All new lots,however created,shall have access to a
dedicated public road.If the approved plat provides for indirect access (i.e.,over
intervening private drives),access easements and driveway/drainage maintenance
agreements,benefiting all lots with indirect access,shall be provided and recorded at
the same time the plat is recorded.Refer to Section 7.12.H.
B.Driveway Access—General Standards.
1.Safe Access Required.Safe,convenient and adequate access to individual
buildings by driveways shall be provided.Driveway access to collector and arterial
streets shall be discouraged.No driveway shall be so located as to create a hazard
to pedestrians or motorists,invite or compel illegal or unsafe traffic movements or
block or alter access to adjoining properties or uses.To the maximum extent
feasible,new driveways shall align directly across from existing driveways.
2.Backing Prohibited.All multi-family and nonresidential off-street parking spaces
shall be accessible without backing into or otherwise reentering a public right-of
way,unless it is physically impossible to provide for such access.See Chapter 10,
Subdivision Standards,for flagpole lot requirements.
3.Access to Streets Required.Driveways to a nonresidential building site shall
have access to an approved public or private street or private right-of-way.Gates
across single-access private driveways shall be allowed,but no gate shall block a
public right-of-way.Refer to Section 7.1 2.C.3.b,
4.Grade Requirements.[...]
5.Limits on Number of Driveway Curb Cuts.[...j
Shared Driveways.(Ord.8-05 #1)Private residential driveways shared by two or
more dwelling units shall be maintained with unobstructed vehicular access between
the dwelling entrance(s)and the public Street access.Refer to Section 7.12.C.3.c.
a.Shared driveways are strongly encouraged.
b.Shared driveways may be used on adjoining properties.
c.Shared driveways require submittal of a maintenance agreement for recordaUon.
d.Single-family.Driveways may be shared by up to four (4)single-family residential
units.
e.Multi-family Developments.A driveway may provide access for not more than one
hundred twenty (120)vehicle trips per day.
f.Nonresidential.Driveways may be shared by two (2)or more principal
nonresidential uses.
7.Driveway Opening Requirements.(Ord.8-05 #1)
a.Nonresidential and Multi4amily residential driveway openings shall not exceed
thirty (30)feet in width at the street line.Refer to Section 7.11 .K.2 for
minimum driveway openings.(Ord.8-05 #1)
b.Single-family residential and duplex driveway openings shall not exceed a
cumulative width of thirty (30)feet at the street.
c.The primary entrance for driveway openings shall not have gated access or
other security barriers installed,with the exception of private single-family
driveways where gated access is not restricted by Section 7.12.C.