HomeMy WebLinkAboutORDINANCE 05-20ORDINANCE NO.05-20
APPROVING THE ELKHORN LODGE PRELIMINARY PLANNED UNIT DEVELOPMENT
(PUD),A MIXED USE PUD OVERLAY ON LAND ZONED CO (OUTLYING COMMERCIAL),
LOCATED ON A PROPERTY ADDRESSED AS 600 WEST ELKHORN AVENUE,
DESCRIBED AS BEING WITHIN PORTIONS OF SECTIONS 25 AND 26,TOWNSHIP 5
NORTH,RANGE 73 WEST OF THE 6TH P.M.,TOWN OF ESTES PARK
WHEREAS,the subject property,18.58±acres in size,is located in portions of Sections
25 and 26,Township 5 North,Range 73 West of the 6th P.M.,Town of Estes Park,with the
same property also proposed to be the Elkhorn Lodge Subdivision;and
WHEREAS,the Estes Park Development Code,Chapter 9 Planned Unit Developments,
allows a Mixed-Use PUD overlay on land located in CO (Outlying Commercial)Zoning
Districts,with the uses permitted in the PUD being limited to those uses allowed in the
underlying CO zoning,Residential uses,and/or Accommodations uses;and
WHEREAS,an application for the Elkhorn Lodge Preliminary PUD has been submitted;
and
WHEREAS,the proposed Elkhorn Lodge Preliminary PUD is a Mixed-Use PUD overlay
on land located in a CO (Outlying Commercial)Zoning District,with the uses proposed limited
to those allowed in the underlying CO zoning,Residential uses,and Accommodations uses;
and
WHEREAS,the Estes Valley Planning Commission has recommended approval of the
Elkhorn Lodge Preliminary PUD;and
WHEREAS,the Board of Trustees of the Town of Estes Park has determined that the
Elkhorn Lodge Preliminary PUD complies with applicable standards set forth in the Estes Park
Development Code.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:The Elkhorn Lodge Preliminary PUD Plan and Development Plan are hereby
approved,subject to the following conditions of approval:
1)No increase in the number of accommodations or resident units shall be permitted
without a PUD review as described in the Development Code.
2)The Developer will bear the risk of constructing improvements in the floodplain prior
to obtaining the necessary post-construction letter of map revision (LOMR)from the
Federal Emergency Management Agency (FEMA).Should FEMA not approve the
LOMR application as submitted,the Developer will be responsible for any redesign
and reconstruction to achieve the No-Rise condition.No Certificate of Occupancy
for the Event Center Barn or the Elkhorn Lodge addition will be issued until the
Developer obtains LOMR approval from FEMA.
3)The Developer will add additional parking lot perimeter landscaping adequate,in the
Community Development Director’s determination,to appropriately screen the lot
from neighboring residents.
Section 2:The land described in Exhibit A hereto is hereby designated as a PUD-M,a
Planned Mixed Use District,as an overlay to the underlying CO (Outlying Commercial)zoning
district,effective upon the approval by the Town Board of the Elkhorn Lodge Final PUD Plan
for all such land.The PUD-M designation shall lapse and become null and void if the
Preliminary PUD Plan lapses under the Development Code.
Section 3: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 25 day of tuc’i ,2020.
ATTEST:
T Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the O3 day of ,2020 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the 2&day
of T1AJJE ,2020,all as required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
Town Attorney
TOWN OF ESTES
Clerk
EXHIBIT A
LEGAL DESCRIPTION
THE PORTIONS OF THE NE 1/4 OF THE NE 1/4 OF SECTION 26 AND THE NW 1/4 OF THE NW
1/4 OF SECTION 25,TOWNSHIP 5 NORTH,RANGE 73 WEST OF THE 6TH P.M.,COUNTY OF
LARIMER,STATE OF COLORADO,DESCRIBED AS FOLLOWS;BEGINNING AT A POINT ON
THE EAST LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 26,FROM WHICH POINT
THE NE CORNER OF SAID SECTION 26 BEARS N 1 DEGREES 11’WA DISTANCE OF 373
FEET,AND WHICH IS THE CENTER OF THE FALL RIVER ROAD AS DESCRIBED IN THE
DESCRIPTION OF THE ELKHORN PROPERTY FOUND IN DEED RECORDED IN BOOK 696 AT
PAGE 463,LARIMER COUNTY RECORDS;THENCE WESTERLY AND NORTHWESTERLY
ALONG THE CENTERLINE OF FALL RIVER ROAD AS FOLLOWS:N 84 DEGREES 30’W,A
DISTANCE OF 321 FEET;THENCE 5 88 DEGREES 03’WA DISTANCE OF 154 FEET;THENCE
5 68 DEGREES 04’W,A DISTANCE OF 311 FEET;THENCE N 84 DEGREES 26’W A DISTANCE
OF 114 FEET;THENCE LEAVING SAID ROAD,5 3 DEGREES 15’WA DISTNCE OF 877 FEET
TO A POINT ON THE SOUTH LINE OF THE NE 1/4 OF THE NE 1/4;THENCE S 89 DEGREES 47’
E A DISTNACE OF 944.9 FEET TO THE SE CORNER OF THE NE 1/4 OF THE NE 1/4;THENCE
N 1 DEGREES 11’WA DISTANCE OF 52 FEET TO THE SW CORNER OF THE PARCEL
DEEDED FROM EDWARD J.WALSH AND DE H.SIMMONS TO JAMES AND ELEANOR
HONDIUS RECORDED IN BOOK 501 AT PAGE 72,LARIMER COUNTY RECORDS;THENCE N
27 DEGREES 02’E A DISTANCE OF 235.5 FEET;THENCE N 18 DEGREES 34’E A DISTANCE
OF 71.2 FEET ALONG THE EAST LINE OF PARCEL DEEDED FROM ELIZA E.WHITEHEAD TO
MRS.ELLA JAMES RECORDED IN BOOK 77,AT PAGE 143,LARIMER COUNTY RECORDS,
SAID POINT BEING MARKED WITH A 1 INCH STEEL PIPE SET BY ORIGINAL SURVEY;
THENCE N 68 DEGREES 34’E A DISTANCE OF 82.3 FEET TO THE SW CORNER OF PARCEL
DEEDED FROM FLORA AND J.R.STANLEY TO EDNA JAMES AND A.N.MCKEIRMAN
RECORDED IN BOOK 639 AT PAGE 314;THENCE S 75 DEGREES 26’E A DISTANCE OF 273.3
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 34 FROM
WHICH POINT THE NE CORNER OF SECTION 26 BEARS N 25 DEGREES 32’W A DISTANCE
OF 1153.7 FEET;THENCE N 2 DEGREES 14’E A DISTANCE OF 207 FEET TO THE CENTER OF
FALL RIVER;THENCE WESTERLY AND NORTHWESTERLY ALONG THE CENTER OF FALL
RIVER ALONG THE FLORA AND J.R.STANLEY PARCEL DEEDED TO EDNA JAMES AND AN.
MCKEIRMAN AND THE PARCEL DEEDED FROM FRANK W.GORE TO WILLIAN E JAMES
RECORDED IN BOOK 110 AT PAGE 302,LARIMER COUNTY RECORDS TO THE WEST LINE
OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25;THENCE N 1 DEGREES 11’WA DISTANCE
OF 65 FEET,MORE OR LESS,TO THE POINT OF BEGINNING;
EXCEPT ANY PORTION THEREOF CONTAINED IN THE AMENDED PLAT OF ELKHORN CLUB
ESTATES,ACCORDING TO THE RECORDED PLAT THEREOF;EXCEPT THAT PARCEL
CONVEYED IN DEED RECORDED SEPTEMBER 16,1936 IN BOOK 639 AT PAGE 314;EXCEPT
THAT PARCEL CONVEYED IN DEED RECORDED JULY 26,1971 IN BOOK 1469 AT PAGE 785
EXCEPT RECORDED PLATS OF ELKHORN PLAZA LODGES CONDOMINIUMS,BUILDINGS A
AND B.EXCEPT THAT PORTION DESCRIBED IN DEED RECORDED FEBRUARY 9,1987 AT
RECEPTION NO.87007530 EXCEPT THOSE PARCELS DESCRIBED IN DEEDS RECORDED
AUGUST 27,1947 IN BOOK 839 AT PAGE 334,335 AND 338
FOR INFORMATION ONLY THE LARIMER COUNTY ASSESSOR ALSO INCLUDES IN THEIR
LEGAL A PARCEL DESCRIBED IN DEED RECORDED JANUARY 25,1979 IN BOOK 1924 AT
PAGE 745 WHICH HAS NEVER BEEN CONVEYED TO CURRENT OWNER.