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HomeMy WebLinkAboutORDINANCE 24-76,Th ç ORDINANCE NO.24 -76 AN ORDINANCE REPEALING AND REENACTING CHAPTER 17.60 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO,RELATING TO PLANNED UNIT DEVELOPMENTS. Pursuant to Title 24,Article 67 of Colorado Revised Statutes, 1973,as amended,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOJN OF ESTES PARK,COLORADO: Section 1.Chapter 17.60 of the Municipal Code of the Town of Estes Park,Colorado,is hereby repealed and reenacted to read as follows: 17.60.010 Purpose and Objectives of Planned Unit Deve1oppent. To encourage the total planning of land tracts consistent with the goals and objectives of the Town’s master plan; 2.To further the public health,safety and qeneral welfare in an era of increasing demand for housing of all types and design; 3.To encourage innovations in residential ,commercial and industrial development and renewal so that the growing demands of the popula tion may be met by a greater variety and type,design and layout of buildings and by the conservation and more efficient use of open space ancillary to ] said buildings; 4.To encourage a more efficient use of land and of public services; 5.To lessen the burden of traffic on streets and highways; 6.To provide a procedure which can relate the type,design and layout of residential ,commercial and industrial development to the par ticular site,thereby encouraging preservation of the site’s natural character istics; 7.To provide for planned unit developments as a use under the provisions hereof within a zoning district in which said developments are per mitted. 17.60.020 Zoning districts in which permitted.Planned unit develop ments which have been approved as provided in this charter shall be permitted in the R,R-l,R-2,R-3,C-l,C-2,E-l,E-2 and 1-1 zoning districts.The uses permitted in a planned unit development may be only the “permitted uses” or”uses permitted by special review”in the zoning district in which the planned unit development is to be located. 17.60.030 Certain requirements waived.The provisions of this title pertaining to yards,lot area and minimum lot width,except such pro visions set forth in this chapter,shall not apply to planned unit developments. 17.60.040 Initial conference.Prior to the filing of a conceptual plan or any documents provided for herein,the landowners or their duly author ized representative shall have a conference with the Town Administrator and Town planner in order for the landowners to become acquainted with the planned unit development procedures and related Town requirements. 17.60.050 Conceptual plan.Prior to the filing of a formal appli cation for approval of a planned unit development or any site plan or subdivision plat pertaining thereto,the landowners or their duly authorized representatives shall file with the Town Administrator twenty copies of a conceptual plan for the proposed planned unit development.The conceptual plan shall include the names and addresses of all abutting landowners;skematic drawings showing areas of primary use and proposed densities;and a statement of intent.The statement of intent shall set forth the objectives of the development including,but not in limitation,the followino: 1.Major earth movement; 2.Changes in the landscape or scenic views; 3.A concise description of how uses are intended to relate; 4.The design goals and criteria; 5.How various areas will be developed (individual sales of lots and construction by owners thereof,areas to be developed by subdivider,etc.) 6.How open spaces are to be owned and maintained; 7.Whether open spaces are to be open to public access and use, or limited to access and use by landowners and their invitees,or limited to a scenic easement; 8.Whether access to the improvements is to be by public or private ways and how such access is to be owned and maintained;and 9.A schedule of development. 17.60.060 Conceptual plan review.The following procedures shall be followed upon the filing of the conceptual plan for a proposed planned unit development: -2- •t’C’0 1.After the filing of such a conceptual plan,the Town Adminis trator shall refer it to the planning director.The planning director shall, at least fifteen days prior to the Planning Commission meeting at which the plan is to be considered,post the property described in the conceptual plan indicating that a planned unit development plan has been filed,and that mote detailed information may be obtained from the Town’s planning director.Further, the planning director shall notify by first class mail,postage prepaid,at least fifteen days prior to the Planning Commission meeting at which the plan is to be considered,the owners of abutting properties to the land proposed for the planned unit development,stating that a planned unit development plan has been filed and that they may review said plan during the planning depart ment’s regular office hours.Such written notice shall also alert such owners to the fact that a public hearing will be held before the Planning Commission at a stated date. 2.The Town Administrator shall publish notice of the Planning Commission meeting at which the plan is to be considered at least fifteen days prior to said meeting. 3.The planning director shall review the plan and submit an ad visory report to the Planning Commission for its consideration. 4.The Planning Commission shall then hold a public hearing,no later than sixty days subsequent to the filing of the conceptual plan.Any interested person may appear at such hearing and present his views and comments on said plan. 5.The Planning Commission sha]l,at the conclusion of such public hearing,or within thirty days subsequent thereto,either approve,disapprove or conditionally approve the conceptual plan.If disapproved or conditionally approved,the applicant may be given the opportunity by the Planning Commission to revise his conceptual plan and re-present it to the Planning Commission. 17.60.070 Formal application.An application for a planned unit development shall be filed with the Town Administrator no later than six months following approval by the Planning Commission of the conceptual plan;provided, however,should the applicant request an extension of time in which to file said application,the Planning Commission shall have the authorit.y to grant said re quest up to an additional six months in consideration of the complexity of the plan.If said application is not filed within said six months (or within the time limits set by the Planning Commission as aforesaid)the conceptual plan —3— procedures herein must again be complied with.The application shall be made on a form provided by the Town Administrator,and must be signed and consented to by all of the owners and lienholders of the property to be included in the planned unit development.The application must be accompanied by a site plan and a written statement.A final subdivision plat in the form required by Title 16 of the Municipal Code of the Town of Estes Park,may be filed there with or may be submitted to the Planning Commission at the Planning Commission meeting at which the formal application,site plan and statement is reviewed by the Planning Commission.If there is to be a subdivision of the property,as defined by Section 16.08.250 of this Code,included within the planned unit development,a subdivision plat in the form provided by Title 16 of this Code must be filed before any sale of said property is completed.The following information shall be shown on said site plan and contained in said statement: 1.Site plan -A complete site plan showing the details of the proposed planning unit development,prepared at scale of not less than one inch equal one hundred feet.The site plan must contain,insofar as applicable, the following minimum information: a.The existing topographical character of the land. b.All proposed land uses. c.The location and size of all existing and proposed buildings, structures and improvements,or,in the alternative,an envelope within which a proposed building may be constructed. If the development is to be completed in staoes,only said buildings,structures and improvements to be included in the first stage need to be shown. d.The maximum height of all buildings. e.The total number of dwelling units;the number of units per building;and the natLire of the units (i.e.single family, duplex,four—plex,lodging unit,etc.) f.The internal traffic circulation systems;off—street parking area;service area;loading areas and major points of access to public rights-of-way.Even if the development is to be completed in stages,the internal traffic circulation system must be shown for the entire project. g.Designation of all rights-of-viay,whether public or private, for the entire project. h.The location,height and size of proposed signs,lighting -4- * 2. six copies of and site plan, and advertising devices.If the development is to be completed in stages,only the signs,lighting and advertising devices to be included in the first stace need be shown,with signs,lighting and advertising devices for subsequent stages to be presented for approval prior to the development of said subsequent stage or stages.All signs shall be subject to approval pursuant to the Estes Park Sign Code. i.All areas which are to be conveyed,dedicated or reserved as common open areas or scenic areas,including public parks, scenic and recreational areas,and as sites for schools or other public buildings. j.All areas subject to a 100-year flooding cycle. k.A general landscaping plan showing the approximate areas for screening,ornamental or other types of landscaping;and a detailed landscaping plan showing spacing,sizes and specific types of landscaping material which detailed landscaninci plan shall be approved prior to the issuance of any building permits. If the development is to be completed in stages,only the land scaping to be included in the first stage need be shown. 1.A legal description of all the land to be included in the planned unit development. m.A general utility plan,including water,sewer,power,tele phone and drainage,for the entire area.A detailed utility plan for the area being developed.All planned unit develop ments shall be served by a public or private sanitary sewer system which has been approved by the Town,The Larimer County Health Department and the Sanitation District when the property is to be served by such a district. n.The applicants shall submit a reproducible original and six copies of the site plan. Written statement -The applicant shall submit the original and a written statement with the planned unit development application which written statement must contain the following information: a.A statement of the owners and lienholders of all the land included in the planned unit development. b.A list of the owners of abutting properties and properties located within 300 feet of the property lines of the land included in the planned unit development,and their addresses. -5— © c.An explanation of the intent of the planned unit development, including building descriptions,sketches or elevations which may be required to describe the intent and objectives.If the development is to be completed in stages,it shall not be necessary to include building descriptions,sketches or elevations for that part of the development to be completed in later stages. d.A development schedule indicating the date when construction of the planned unit development or stages of the planned unit development will begin and be completed. e.Copies of any special agreement;conveyances;restrictions; covenants;the certificate,article of incorporation and by laws of the non-profit owner corporation which will govern the use,maintenance and continued protection of the planned unit development and of any of its common areas. 17.60.080 Formal application review.The following procedures shall be followed upon the filing of a formal application,site plan and statement: 1.The planning director shall review the application,site plan and statement,and submit an advisory report to the planning commission for its consideration.The report shall state whether or not the application is in compliance with the original conceptual plan and recommendations made by the Planning Commission,if any,thereon. 2.The Planning Commission shall consider such advisory report, final application,site plan and statement no later than sixty days subsequent to the filing of said final application,site plan and statement.The Planning Commission shall,at the conclusion of such meeting,or within thirty days sub sequent thereto,either recommend to the Board of Trustees that it approve, disapprove or conditionally approve the planned unit development. 3.The Planning Commission meeting at which the application,site plan and statement is reviewed shall not constitute a public hearing,but any interested person present may present his views and comments. 4.The Board of Trustees shall hold a public hearing on said final application,site plan and statement within sixty days following receipt of the recommendation from the Planning Commission.The Town Administrator shall notify by first class mail,postage prepaid,at least fifteen days prior to the Board of Trustees meeting,the owners of abutting properties stating that a final planned unit development plan has been filed,and that it will be -6- given final consideration by the Board of Trustees at a public hearing to be held at a stated date.Further,the Town Administrator shall publish a notice of said public heating at least fifteen days prior thereto. 5.At the public hearing,the Board of Trustees shall consider the Planning Commission’s recommendations,and any interested person may appear at such hearing and present his views and comments on said plan.The Board of Trustees shall ,at the con clusion of said heating,or within thirty days subsequent thereto,or ata scheduled continuation of the heating,either approve,disapprove or conditionally approve of the plan.If the plan is disapproved or conditionally approved,in the sole discretion of the Board of Trustees,the applicant may be given the opportunity to revise his appli cation,site plan and/or statement,and represent it to the Board of Trustees at a subsequently called public hearing. 6.A certificate by an attorney licensed to practice in Colorado that all persons or entities having any record interest in the land described upon the appli cation and site plan have signed the application shall be presented to the Board of Trustees by the Applicant at the public hearing. 7.All planned unit developments shall be approved by the Board of Trustees by written,dated resolution which shall include a finding that such planned unit development is in general conformity with the master plan of the Town.The resolution and approved application,site plan and statement shall be filed with the Town Adminis trator.The Town engineer shall indicate on the zoning district map that a planned unit development has been approved for the area included within the site plan. 17.60.090 Standards.A planned unit development shall implement the pur poses of this title and,in addition,shall meet the following standards and require ments: 1.The planned unit development shall be consistent with the purposes and the policies of the master plan of the Town. 2.The planned unit development’s relationship to its surroundings shall be of a nature so as to avoid adverse effects caused by traffic circulation,building height or bulk,lack of screening or intrusions on privacy. 3.Residential densities for the entire site shall not exceed the sum of the total gross residential acreage times the density permitted in the district in which it is located,nor exceed the following: a.R residential district,three dwelling units per acre; b.R-l residential district,three dwelling units per acre; c.R-2 residential district,thirteen dwelling units per acre; d.E—l estate district,two dwelling units per acre;and e.E-2 estate district,one dwelling unit per acre. -7- 4.The planned unit development shall contain common open space as hereinafter provided;except that the Board of Trustees may increase or decrease the required amount of open space by a maximum of 10%of the total area of the planned unit development,in consideration of the following factors:The maxi mum density of the planned unit development;the needs of the occupants and visitors of the planned unit development for open space in order to maintain a well-planned environment;and the effects upon and the need to protect the environment of property abutting the planned unit development. a.The common open space shall be not less than thirty percent of the total area of a planned unit development located within an R,R-l,R-2, R-3,E-l and E-2 zoning district.For residential developments in the C-l C—2 and 1—1 zoning districts that are not combined with other uses in a mixed development,the required open space shall be not less than thirty percent. b.For nonresidential uses or buildings with mixed residential and business or other uses located in the C—l,C-2 and 1-1 zoning districts, the maximum floor area ratio of building area to land area shall be not more than .5 to 1,except in such developments located within the following described area where the maximum floor area ratio shall not apply.All lands zoned C-i commercial district located in Blocks 1,2,3,4,5,6,7,8,9 and 11,Town of Estes Park,according to second amended plat thereof;Lot 28 of Block 10,Town of Estes Park,according to second amended plat thereof;that certain tract of land platted on the second amended plat of the Town of Estes Park,as a park; also,that unnamed tract of land bounded on the west by the easterly line of Block 11,on the south by Elkhorn Avenue,and on the north and east by the corporate limits of the Town of Estes Park;also,that unnamed tract of land located in the Town of Estes Park and bounded on the west by the east line of Block 4,on the north by Elkhorn Avenue,on the south by the Big Thompson River, and on the east by the intersection of Elkhorn Avenue with the Big Thompson River,all as shown by the second amended plat of the Town of Estes Park;First Resubdivision of Buenna Vista Terrace,as shown by the recorded plat thereof; Riverside Subdivision;Moccasin Addition;Lee and Alps Addition;and Tracts 1 and 3 of Stanley Addition. c.The common open space shall be used and be suitable for scenic purposes,landscaping or recreational purposes,at the discretion of the Board of Trustees. -8- d.The common open space shall be land which is accessible and available to all occupants for whose use the common open space is intended. e.The common open space shall not be used for parking or driveways. 5.The number of off-street parking spaces in each planned unit development must not be less than the requirements of this title for the zoning district in which such development is located,except that the Board of Trustees may adjust the required number of off-street parking spaces in consideration of the following factors:probable number of cars owned by occupants of dwellings in the planned unit development;parking needs of any nondwelling uses;and varing time periods of use,whenever joint use of common parking areas is proposed. 6.The Board of Trustees must be satisfied that the site plan for the planned unit development has met each of the following criteria,or determine that one or more of them is not applicable,and that a practicable solution consistent with the public interest has been achieved for each of these elements: a.That there is an appropriate relationship to the surrounding area,and there is a minimum thirty-foot buffer zone in any planned unit develop ment that is adjacent to a one—or two-family residential district.The buffer zone shall be kept free of buildings,structures and parking areas,and must be landscaped,screened or protected by natural features,so that adverse effects on surrounding areas are minimized; b.That the internal street circulation system is designed for the type of traffic which will be generated by the planned unit development. Safety,separation from living areas,convenience,access,noise and exhaust control shall all be considered in the design.Bicycle traffic shall be con sidered when the site is used for an area for livinq purposes.Safety, convenience,separation and screening shall be considered reqarding parking areas. c.That open space preserves natural features,including trees, drainage areas and views,and shall take into consideration recreation possi bilities,density relief,and convenience. U.That privacy is considered. -9- Q e.That safety,separation,convenience,access and attrac tiveness is considered with respect to the pedestrian traffic. f.That density,site relationship and bulk is considered with respect to building type. g.That orientation,spacing,materials,color,texture, storage,signs and lighting are considered with respect to building design. h.That screening,maintenance and attractiveness including the total effect on the neighborhood,is considered with respect to landscaping of the total site. 7.Transfer of density -In computing the amount of area to arrive at the maximum permissible density in a planned unit development,slopes in excess of 30 percent;bodies of water;flood plains and rock outcropings which ate unbuildable may be included or excluded by the Board of Trustees. In making its findings,the Board shall be guided by: a.The extent of these areas in relation to the total area to be developed,and the resulting density of development on the buildable areas; and b.Whether an excessive burden will be placed on the existing public facilities or rights-of-way from the resultant density factor. 8.There shall be no private streets located within a planned unit development. 9.All private walkways shall be constructed and maintained in accordance with the requirements of this code pertaining to sidewalks and curbs. 17.60.100 Ownership and maintenance of common open space.The land owners within a planned unit development shall provide for and establish a Colorado non-profit corporation for the ownership and maintenance of any common open space and use areas within such development,including,but not limited to, the construction and maintenance of all walkways located therein,in accordance with standards and materials approved by the Town.Further,the developer shall include within the protective covenants for the planned unit development a statement that any unpaid assessment for operation of the non-profit corpora tion pursuant to the bylaws thereof shall become a lien against the property within the planned unit development owned by the individual or individuals whom fail to pay the assessment,with such lien subject to foreclosure pursuant to the mechanic lien foreclosure laws of the State of Colorado.Said non-profit corporation shall have been formed and said protective covenants drafted by -10- Q the time the applicant’s formal application,site plan and statement is con sidered by the Board of Trustees.At said time,the Board of Trustees shall have a right to refer said non-profit corporate documents,including certifi cate of incorporation,articles of incorporation and bylaws,together with the proposed protective covenants,to the town attorney for his review. Furthermore,in the event that the organization established to own and main tain common open space,fails at any time after establishing the planned unit development to maintain the common open space and walkways located therein in reasonable order and condition in accordance with the plan and with the materials and standards approved by the Town,the Town may enforce the main tenance of the same pursuant to Colorado Revised Statutes 1973,24-67-105(6), as amended;and pursuant to any other applicable law,reoulation or ordinance. 17.60.110 Plan -Amendment.A planned unit development plan may be amended by the addition of adjacent land,or the original design may be amended;provided that all procedures followed are the same as those required for initial approval (except that only owners and lienholders within the area being amended need sign the application),and provided that the basic concept of the plan is preserved. 17.60.120 Development in stages and completion requirements.All approved planned unit developments must be completed within the time schedule shown on the site plan pertaining to such developments.The time for comple tion shall begin on the date the Board of Trustees gives final approval to said plan.If such developments are to be developed in stages,construction on each stage must be started and completed within the time schedule shown on the site plan pertaining thereto.If the applicant does not begin and substantially complete a planned unit development or any stage thereof within the foregoing time limits,the planning director shall review the planned unit development and may recommend to the planning commission and the Board of Trustees that time for completion thereof be extended,that the approval of the planned unit development be revoked,or that the planned unit development site plan be amended. 17.60.130 Changes.Minor changes in location siting,or character of buildings may be authorized by the Town Administrator if requited by en gineering or other circumstances not foreseen at the time of unit development approval.No change may increase the size of any building or structure or change the location of the building,parking,or access roads by more than ten —11— Q feet.Such changes must be requested in writing with the basis for the change given.Any change shall be recorded on the file copy of the unit development with the Town Administrator’s signature and the date.The request shall be kept on file also.Notification of such actions shall be made to the Town Planning Commission in writing at their next meeting. 17.60.140 Construction review.Once every four months,the planning director shall review all building permits which have been issued for each planned unit development,and shall examine the construction which has taken place on the site.If he finds a violation of any of the provisions of this chapter,or of the terms and conditions of the planned unit development’s approval,he shall forward a report of this information to the Board of Trustees. The Board of Trustees shall hold a hearing on the report of violations submitted by the planning director,having first given 15 days’written notice by mail thereof to the planned unit development’s applicant and all owners of abutting property.Upon review of the alleged violations,the Board of Trustees may, if it deems necessary,require that appropriate action be taken to remedy the violations,amend or modify the planned unit development,or revoke approval of the planned unit development. 17.60.150 Completion of a planned unit development--Certificate. The planning director shall issue a certificate certifying the completion of each planned unit development,and shall note the issuance of the certificate on the site plan filed with the Town Clerk.After completion,the use of land and the construction,modification or alteration of any buildings within the planned unit development will be governed by the approved site plan. 17.60.160 Subdivision and resale.A planned unit development may be subdivided or resubdivided for purposes of sale or lease.An application for approval of the subdivision or resubdivision must be made if the subdivision or resubdivision will create a new lot line.The procedures applicable to the initial approval of a conceptual plan followed by formal application of a planned unit development are also applicable to the approval of a subdivision of a planned unit development.The subdivision or resubdivision may be approved if it does not increase the dwelling unit density of the planned unit develop ment and if the planned unit development,following the subdivision or resubdivision,is in compliance with the standards for planned unit developments provided in this chapter. -12- ::. 17.60.170 Fee.The Board of Trustees shall establish a fee schedule for planned unit development applications,to cover costs of processing and review. l7.60.lD Definitions. 1 .Landscaping.“Landscaping”means the preservation of the existing trees,shrubs,grass and decorative materials on a lot,tract or parcel of land,or the rearrangement thereof or the modification thereof by planting or installing more or different tress,shrubs,grass or decorative materials. 2.Common open space.“Common open space”means a parcel or parcels of land,an area of water,or a combination of land and water within the site designated for a planned unit development,designed and intended primarily for the use or enjoyment of the residents,occupants and owners of the planned unit development. Section 2.The Board of Trustees of the Town of Estes Park,Colorado, herewith finds,determines and designates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for the control of land affects the public peace,health and safety;and whereas,tn the opinion of the Board of Trustees,an emergency exists,this ordinance shall take effect and be in force after its final passage,adoption and the approval and signature of the mayor. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS ?7’4 DAY OF _________________ 1976. Ma’o r TOWN OF ESTES PARK,COLORADO (SEAL) ATTEST: Town Clerk —13—