HomeMy WebLinkAboutORDINANCE 06-20ORDINANCE NO.06-20
AN EMERGENCY ORDINANCE AMENDING SECTION 3.1 OF THE ESTES VALLEY
DEVELOPMENT CODE REGARDING SUSPENSION OF TIME PERIODS FOR
REVIEW IN EMERGENCIES
WHEREAS,on March 18,2020,the Colorado Department of Public Health and
Environment generally forbade gatherings of ten or more people statewide;and
WHEREAS,on March 19,2020,a local emergency was declared for the Town of
Estes Park due to COVID-19;and
WHEREAS,the Larimer County Department of Health and Environment has now
confirmed a case of COVID-19 in Estes Park,assumes that far more cases generally
exist than the data shows,and the disease is expected to spread throughout the Town;
and
WHEREAS,holding a public hearing at this time,likely necessitating the
attendance of many people in one room,would be an unjustifiable risk to life and health;
and
WHEREAS,the Board of Trustees intends to hold all required hearings on
development code applications as soon as possible given the state of emergency,and
instructs Town staff to investigate the potential for virtual public hearings to be practical,
fair,and lawful.
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:Section 3.1(D)of the Estes Valley Development Code,as it relates to
development within the town limits of Estes Park,is hereby amended by the addition of
underlined material,read as follows:
§3.1 —General Provisions
D.Required Times for Action and Inaction.
5.Suspension of Time Periods for Review in Emergencies.Whenever the
provisions of this section or this code require that reviewers or the Decision-Making Body
take action on an application within a specified period of time,any declaration of
emergency or disaster under section 2.28.030 of the Estes Park Municipal Code shall
have the effect of nullifying and suspending any and all effects of the specified time
periods or deadlines for pending applications until the declaration has terminated.Such
time periods shall restart upon the termination of the declaration.If the relevant time
period relates to a deadline for holding a public hearing,and the Town Administrator
determines that a remote or virtual public hearing may be held in a practical,lawful,and
effective manner,the applicant may choose,in writing,to proceed with such a remote or
virtual public hearing or to delay the public hearing until the Town determines that an in-
person public hearing may safely be held.Without limitation,this paragraph specifically
applies to the 30-day deadline in section 3.2(F)(1).
Section 3:These amendments to the Estes Valley Development Code,as they
relate to development within the Town limits of Estes Park,shall continue in effect with
the adoption of the Estes Park Development Code,which comes into effect on April 1,
2020.
Section 4:The Board of Trustees hereby finds that this ordinance is necessary for
the immediate preservation of public health and safety,due to the pandemic facing the
Town and for the reasons enumerated in the introductory paragraphs of this ordinance,
which are incorporated into this section by reference.This ordinance shall take effect
immediately upon its adoption and signature by the Mayor.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ZLI day of -kPQcA&-7rsto
By:
Mayor
ATTEST:rk
TOWN 0 S PARK,COLORADO
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the dtff’day of /4 PL-c1k ,2020 and
published in a newspaper of general circulation in the Town of Estes Park,Colorado,on
the s27T day of M4eeJ4 2020,all as required by the Statutes of the
State of Colorado.
CTo%C Ie rk
APPROVED AS TO FORM:
Town Attorney