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HomeMy WebLinkAboutORDINANCE 03-20ORDINANCE NO.03-20 AN ORDINANCE CONVERTING THE ESTES VALLEY DEVELOPMENT CODE TO THE ESTES PARK DEVELOPMENT CODE WHEREAS,the Town of Estes Park and the County of Larimer have heretofore established a joint Estes Valley Development Code pursuant to an intergovernmental agreement effective February 1,2000,and subsequently amended six times; WHEREAS,the Sixth Amendment authorized by the Town and the County extended the term of the intergovernmental agreement to April 1,2020,at which point it will expire; WHEREAS,the Board of Trustees has determined to retain the provisions of the Development Code as they apply to the jurisdictional limits of the Town,effective upon the expiration of the intergovernmental agreement,until the code can be further amended; and WHEREAS,because the services of the joint planning commission and board of adjustment are set to expire upon the expiration of the intergovernmental agreement,the Board here provides for such a commission and board to serve the Town of Estes Park. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS: Section 1.In this ordinance,ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2.The Estes Valley Development Code shall be amended by adding underlined material and deleting stricken material,to read as follows: §1.1-Title The regulations of this Land Development Code shall be officially known and cited as the “Land Development Code of the Town of Estes Park,Colorado,”although it may be referred to hereafter as the “Estes Valley Development Code,”“EVDC”or “this Code.” §1.13-Transition to Estes Park Development Code All references in this Code to the Estes Valley Development Code or the EVDC shall be construed as references to this Code.Notwithstanding any statement in the Code to the contrary,this Code shall apply only to land and development located within the incorporated limits of the Town of Estes Park,or proposed to be annexed into the Town.Accordingly,no matters addressed by this Code shall require action by the Board of County Commissioners of Lañmer County,or the staff,boards,or commissions of the County.All references to the Estes Valley Planning Commission or EVPC shall be construed as references to the Estes Park Planning Commission.All references to the Estes Valley Board of Adjustment or BOA shall be construed as references to the Estes Park Board of Adjustment.All references to both Town and County officials shall be construed as references solely to the Town counterpart.The Town Board intends that these references all be updated in a subsequent ordinance. §2.1 -Code Administration and Review Roles C.Estes Park Planning Commission The Planning Commission of the Town of Estes Park shall be organized pursuant to part 2 of article 23 of title 31 of the Colorado Revised Statutes.It shall consist of five members who are residents of the Town.For both new terms and vacancies, members shall be appointed by the Board of Trustees.Bylaws for the Planning Commission must be approved by the Board of Trustees.Removal of a member from the Planning Commission for inefficiency,neglect of duty,or malfeasance in office shall be only by the Board of Trustees. D.Estes Park Board of Adjustment The Board of Adjustment of the Town of Estes Park shall be organized pursuant to part 3 of article 23 of title 31 of the Colorado Revised Statutes.It shall consist of three members who are residents of the Town.For both new terms and vacancies, members shall be appointed by the Board of Trustees.Bylaws for the Board of Adjustment must be approved by the Board of Trustees.Removal of a member from the Board of Adjustment for inefficiency,neglect of duty,or malfeasance in office shall be only by the Board of Trustees.The respective terms of the members first appointed shall be for one,two,and three years. §5.1 -SPECIFIC USE STANDARDS B.Vacation Home. 1.All vacation homes shall be subject to the following: a.Annual Operating Registration. (6)Effective December 16,2016,vacation home operating registrations in residential zoning districts (designated herein as zoning districts E,E-1,R,R-1, 2,RE,RE-i1 and RM)shall be held at a maximum total (‘cap”)of registrations in effect at any given time.This cap shall be reviewed annually by the Planning Commission and governing Boards,in or near the month of April beginning in or near April 2017.Applications received at any time such that their approval would cause the cap to be exceeded shall be held and kept on file in the order they are received and deemed complete by the Town Clerk’s Office.Registrations held on such list (the “waitlist”)shall be issued during the calendar year as operating registrations may become available. (6.1)Effective at the end of the business day as determined by the Town Clerk,April 1,2020: (I)The number of the cap shall be reset to the number of registrations in effect at such time within the Town limits.The number shall include registrations within the Town limits that have been accepted off the waitlist due to availability within the preexisting cap,even if further information,inspection,or other confirmation is necessary before the registration becomes complete and effective as an operating registration. (U)The cap shall no longer apply to registrations not within the Town limits.Management of registrations outside the Town limits,including registrations in effect and those held on the waitlist,shall no longer be the responsibility of the Town,and the Town Clerk shall transmit the information regarding such applications to Larimer County. (üi)Henceforth the waitlist as managed by the Town shall only include those registration applications for properties within the Town limits. (iv)The Town Clerk shall communicate the re-established cap number to the Board. Section 3.This Ordinance shall take effect and be in force beginning April 1,2020. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this \4k..day of _______________, 2020. TOWN OF STES PARK Mayor ATTEST: oc l’6n Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the i.day of Winq ,2020 and published in a newspaper of general publication in the Town of-Eâtes Park,Colorado,on the ________ day of ?4ow2AJa%c4 ,2020. TWn Clerk ci