HomeMy WebLinkAboutORDINANCE 08-91a C
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ORDINANCE NO.8-91
AN ORDINANCE AMENDING CHAPTER 17
OF THE MUNICIPAL CODE OF THE
TOWN OF ESTES PARK REGARDING ZONING
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
Section 1.Section 17.16.060 Special C—O district
requirements shall be amended to read as follows:
A.No principal use shall be allowed outside of a building,
except those permitted uses approved through special review.
B.All outdoor material and storage areas shall be
separated from street and property lines by a planting area atleastfivefeetwide,containing dense planting,and optionally,
a sight—impervious fence or wall.
C.Outdoor material and storage areas shall not be
permitted on lots abutting an arterial street.
Section 2.Section 17.20.010(B)(1)Parking Area Location
and Design shall be amended to read as follows:
B.Parking Area Location and Design.
1.Location.Required parking shall be either on the
same premises as the activity it serves,or on a separate parceliftheparcelislocatedwithinthreehundredfeetofthe
building entrance to be served and is in a zoning district
allowing the activity it serves.All parking areas shall be
separated from arterial street lines by a planting area at least
twenty-five feet wide and from other street lines by a planting
area at least fifteen feet wide,and property lines by a planting
area at least five feet wide,containing dense planting and,
optionally,a fence or wall.Separating materials shall be at
least two feet high initially,and shall be arranged and
maintained to protect visibility at any driveways.All parking
areas shall be set back ten feet from the high water mark of all
river banks and walls.
Section 3.Section 17.24.020 (C)(I)&(J)Planting
requirements shall be amended as follows:
C.Street Planting Area.Street planting is required forallpremisesabuttinganarterialstreet,but not in the C—D
District.Property abutting an arterial street shall provide a
planting buffer of not less than twenty—five feet in depth along
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the entire street frontage.In addition,property in the R-M and
C—O Districts abutting a non—arterial street shall provide astreetplantingbufferofnotlessthanfifteenfeetindepth
along the entire street frontage.Berming shall also be
incorporated in the planting buffer.Within the street planting
buffer,there shall be no development,parking or drives,except
for access to the portion of the site not in the buffer,which is
approximately perpendicular to the right—of—way,undergroundutilityinstallation,pedestrian and bicycle paths,allowable
signs,and necessary lighting.
I.Maintenance.All plant materials required by this title
shall be maintained in a healthful condition.Dead limbs shall
be promptly removed,and dead plants shall be replaced at theearliestappropriateseason.All landscaped areas shall beirrigated.
J.Installation.All required planting shall be installedpriortoissuanceofaCertificateofOccupancy,or theinstallationguaranteedwithanapprovedimprovementguarantee.
Section 4.Section 17.36.030 (B)(D)&(F)Special Review
Procedures shall be amended to read as follows:
B.Submittal.All applications for a use permitted by
special review shall be submitted in writing to the Town planner
on an application furnished by him.The applicant shall submit a
written statement of intent specifically addressing the criteria
in Section 17.36.030,F.,1 through 5.The burden shall be on
the applicant to demonstrate to the Planning Commission and Board
of Trustees that the development as proposed meets all of the
applicable criteria in Section 17.26.030,F.,1 through 5.The
application will be reviewed by the Planning Commission at its
next meeting if submitted twenty—one or more days prior to then,
and if submittals are determined by the Town Planner to be
complete prior to that meeting.
D.Planning Commission Review.The Planning Commission
shall review the application and shall report to the Board of
Trustees regarding each of the considerations cited in subsection
F of this section,subdivisions 1 through 5,not later than
thirty—five days following the meeting at which the application
is first reviewed.The Planning Commission may recommend
approval,approval with conditions,or denial of the application.
F.Board of Trustees’Action.The Board of Trustees shall
take action on the application following its hearing considering
the report of the Planning Commission and the testimony received
at the hearing.The Board shall approve,approve with
conditions,or disapprove the application within sixty days
following transmittal of the Planning Commission’s report.
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Applications shall be approved only upon the Board of
Trustees’determination that the proposal’s benefits to the Town
will outweigh any adverse effects for the Town or the vicinity,after consideration of the following:
1.Suitability of the proposed location for this
proposal,taking into consideration the following wherever
germane:
a.Nearby land uses,and whether they would be
supported or damaged by having the proposed use nearby.
b.Adequacy of roads,water,sewerage and
drainage facilities serving the location.
c.Environmental characteristics of the site and
related areas,and the consequences of the development as
proposed for public safety and the natural environment.
2.The building and site design,and how well they:
a.Avoid visual,noise,or other intrusion into
adjacent premises or departure from the established character of
the vicinity.
b.Avoid unnecessary damage to the natural
environment through design adaptation to the particularities of
the site.
3.The social,economic,or community needs which are
served by the proposal;
4.Consistency with district objectives as stated in
this title;
5.Suitability of the specific proposed development
relative to the areas containing historic resources to minimize
damage to those resources for future use.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 9th DAY OF APRIL,1991.
TOWN OF ESTES PARK
By:____
Mayor
ATTEST:
Town Clerk
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I hereby certify that the above ordinance was introduced and
read at a meeting of the Board of Trustees on the 9th day of
April,1991,and published in a newspaper of general publication
in the Town of Estes Park,Colorado on the lhday of April,
1991.
Town Clerk
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