HomeMy WebLinkAboutORDINANCE 18-01C)0
ORDINANCE NO.18-01
AN ORDINANCE AMENDING
THE ESTES VALLEY DEVELOPMENT CODE
WHEREAS,the Estes Valley Planning Commission has recommended
numerous amendments to the Estes Valley Development Code;and
WHEREAS,said amendments to the Estes Valley Development Code are set
forth on Exhibit ‘A’attached hereto and incorporated herein by this reference;and
WHEREAS,on October 15,2001,the Board of County Commissioners of
Larimer County,Colorado approved said amendments to the Estes Valley Development
Code set forth on Exhibit “A”;and
WHEREAS,the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town that the amendments to the Estes Valley
Development Code set forth on Exhibit “A”and recommended for approval by the Estes
Valley Planning Commission be approved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1:The Estes Valley Development Code shall be amended as more
fully set forth on Exhibit “A”.
Section 2:As the Larimer County Commissioners have approved said
amendments to the Estes Valley Development Code,and it is necessary to have these
code amendments effective at the same time to avoid different code requirements
between Larimer County and the Town;and in the opinion of the Board of Trustees an
emergency exists,this Ordinance shall take effect and be enforced immediately after its
passage,adoption and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 23 DAY OF October ,2001.
TOWN OF ESTES PARKa
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ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the 23 day of October ,2001 and
published in a newspaper of generl circulation in the Town of Estes Park,Colorado,on
the d ‘day of SZe&-1t,t},2001,all as required by the Statutes of
the State of Colorado.
Town
:07
(J ijbjt “A”
Amendments to the Estes Valley
Development Code,Block One
Estes Park Community Development Department
____________
Municipal Building,170 MacGregor Avenue
P0 Box 1200
Estes Park,CO 80517
Phone:970-577-3721 Fax:970-586-0249 www.estesnet.com
DATE:October 15,2001
TITLE:Amendments to the Estes Valley
Development Code,Block One
REOUEST:To make a number of changes
and corrections to the adopted Estes Valley
Development Code.
LOCATION:Estes Valley,inclusive of the
Town of Estes Park.
APPLICANT:Estes Valley Planning Commission
STAFF CONTACT:Bob Joseph
APPLICABLE LAND USE CODE:Estes Valley Development Code
PROJECT DESCRIPTION/BACKGROUND:These Code revisions address and
correct minor errors and omissions that have surfaced after the first year and a half of
experience working with the Code.Other minor revisions clarify and modify existing
Code provisions to produce standards that are more workable.
PLANNING COMMISSION RECOMMENDATION:The Estes Valley Planning
Commission reviewed these proposed changes on September 17,2001,and voted
unanimously (6-0,one absent)to recommend APPROVAL to the Board of County
Commissioners.
STAFF RECOMMENDATION:Staff recommends APPROVAL of the proposed
Code Amendments.
REVIEW CRITERIA:All applications for text or Official Zoning Map amendments
shall be reviewed by the EVPC and Board(s)for compliance with the relevant standards
and criteria set forth below and with other applicable provisions of this Code.
Development Code Changes,Block One p.1
C Q
1.The amendment is necessary to address changes in conditions in the areas
affected;
2.The development plan,which the proposed amendment to this Code would
allow,is compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns in the
Estes Valley;and
3.The Town,County or other relevant service providers shall have the ability to
provide adequate services and facilities that might be required if the application
were approved.
ORGANIZATION:
1.Text to be replaced delineated with strikethrough (Thc quick brown fox).
2.New text delineated with underline (The quick brown lox).
3.Revisions have been organized sequentially by chapter and section.
CHAPTER 1 —General Provisions
Q Item 1:
§1.9 D.Setbacks —Building and Structure Setbacks.
1.Building and Structure Setbacks from Lot Lines.
d.Obstruction of Sight Distances in Setbacks Prohibitod:_No essentially opaguo fence,
landscaping,wall or freestanding sign shall be maintained between three and one half (3
¼)and eight (8)foot above grade within one hundred (100)feet of the intersection of the
street centerlines.See Appendix D to this Code.Intersection and driveway sight
visibility shall comply with the requirements of Appendix D,Section IV.Streets and
Roads C.intersection and Driveway Visibility.
Item 2:
§1.9.E.HEIGHT.
2.Measurement of Maximum Building Height on Slopes.The maximum height of
buildings on slopes may be adiusted up to a maximum of 40-feet using the
following calculation (see figure 1.4).This adiustment requires submittal of a site
plan containing the following information:building elevations,roof design,
finished floor elevation,and grading plan with existing and proposed contours.
M=30+[.50(a-b)]where:
M=Maximum height in feet at any given point above original grade
Development Code Changes,Block One p.2
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a=Elevation at highest point of natural grade of proposed building location
b=Elevation at any given point
Mb4O’
%-33.{XI D);?43C*[X29)]
Original ground surface
Figure 1.4
3.Exemptions from Height Standards.
CHAPTER 2 —Code Administration and
Review Roles
Item 3:
§2.1 CODE ADMINISTRATION AND REVIEW ROLES
A.Relevant Administering Bodies.
The following entities shall have roles in administrating the provisions of this Code:
3.Tho Town of Estes Park Board of Adjustmont and the Larimer County Board of
At-fl,efmnnt (r.nllpt’fk,alt.rnfnrrnrl tn-itS “tho flflAc-”\-,nd
3.The Estes Valley Board of Adjustment [BOA1;and
Development Code Changes,Block One p.3
Item 4:
C C
Table 2-1:Code Administration and Review Roles.
Use Classification
NOTES TO TABLE 2-1
[1]The Boards and the BOAs--..
DM A IA
CHAPTER 3
Item 5:
§3.2.F.
—Review Procedures
Summary Table—Standard Development Review Process by Application Type.
Item 6:
V =Voluntary =Mandatory A”=Applicable =Not Applicable
APP =Appeals BOK =Board of Adjustment SR =Special Reouirements (Refer to Text)
REVIEW AND DECISION-MAKING AUTHORITY
PROCEDURE
Staff EVPC Boards Ii]BOA III
pi
Pre-Application
Conference
II-
Step 2
Application?
Completeness
Certification
Ann,xaUpnz
SteD 3
Staff Review &
Report
frnnces M A A WA BOA
Minor Subdivision M a a A A
Step 4
EVPC Action
Sten 5
Board Action
M a A ?AA a
Development Code Changes,Block One p.4
CI
§3.8 DEVELOPMENT PLAN REVIEW
Table3-3
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Development Plan Review Requirements
Determining Factor Staff Review [1]EVPC Review
All Nonresidential Developments In the CO,CH,and I-I Zoning Districts
Item 7:
Item 9:
Item 10
Add the 0”district to this chart.
§3.9 SUBDIVISIONS
D.Minor Subdivisions.
1.Defined.Minor subdivisions shall be defined as follows:
b.Frontage Lots.Division of one (1)or more lots,tracts or parcels of land
into a total of not more than four (4)lots shall be considered a minor
subdivision,provided that each resulting lot fronts onto an existing
dedicated public street,and that the subdivision entails no extension of
municipal water or sanitary sewer facilities.No more than a total of four (4)
lots shall be created out of a lot,tract or parcel or set of contiguous parcels
in the same ownership using the minor subdivision procedure.
2.Hazard Areas.Areas with hazards as defined by Section 7.7 of this code shall
not be eligible for the Minor Subdivision process.
Number of Dwelling or Guest units
All Rcsidcntial or (‘oninwrcial Accommodations Development Inc idin”RV P2-’—_——amoroun
3—10 II or more
Item 8:
Maior alterations that also entail
alteration to the number of parking
spaces,the configuration of 3-10 RV pad/campsHe 11 or more RV pad/campsiteparking,egress,water,sewer,
drainage,or lighting on the
premises
Development Code Changes,Block One p.5
C C
3.Procedure for Approval of Minor Subdivisions.Applications for minor
subdivision approval shall follow the standard development approval process
set forth in §3.2 of this Chapter.,oxcept that no preliminarj plat chall be
roguircd.
Item 11:
4.Submittal Requirements.Applications for minor subdivision aDDroval shall
conform to submittal requirements for a preliminary plat as set forth in Appendix
B,Section C for purposes of Staff and Planning Commission review.The plat
forwarded to the Governing Body shall conform to submittal requirements for a
final plat as set forth in Appendix B,Section 0.
CHAPTER 4—Zoning Districts
Item 12:
§4.1 ESTABLISHMENT OF DISTRICTS
E.Special Purpose and Overlay Zoning Districts
4.SH Stanley Historic Overlay District
Item 13:
§4.3 RESIDENTIAL ZONING DISTRICTS
Table 4-1 Permitted Uses:Residential Zoning Districts
Zoning Districts Additional
Regulations
“P”=Permitted by Right (Apply in All
Use Classification Specific Use “5”=Permitted by Special Review Districts
SI—I’=Prohibited Unless
Otherwise
RE-1RE E-IIE R R.1R-2IRM Stated)
RESIDENTIAL USE CLASSIFICATIONS
In RE1 R-l,Single-family P P P P P p p p §4.3.D.4HouseholdLivingdwellingapplies
Development Code Changes,Block One p.6
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Item 14:
§43 TABLE 4-2
Base Density and Dimensional Standards,Residential Zoning Districts.
Minimum I
Minimum Lot Building/Structure Setbacks
Standards III 121
Max.Mm.
Max.Net I Building Building Mn.Lot
Zoning Density Area (sq Width ISide Rear Height Width Coverage
District (units/acre)It)(It)Front (ft.)(ft.)(ft.)(ft.)(ft.)(%)
Residential
Uses:5,400 sq.60;
40,000,
ft/unit LotsMax=8 and
Miii =3
[4][5][ffl Greater 25-artedals;10 Multi
RM .Senior than 15-other 10 30 20 [7]family=Senior Institutional 100,000 streets [6]50%Institutional
Living Uses:Living sq.ft.:
Uses:V2 200Max=24 Ac.
Notes to Table 4-2:
[81 Single Family and Duplex developments shall have minimum lot areas of 18,000 s.f.and
27,000 s.f.,respectively.
Item 15:
§4.3.D Additional Zoning District Standards.
Private Open Areas;Applicability and Minimum Set-Aside Required.All residential
developments and subdivisions containing five (5)or more dwelling units shall set
aside a minimum percentage of total gross land area for the purpose of private
open areas in the amount shown in Table 4-3 below.See §7.4 for additional
private open area standards.
Item 16:
§4.5 SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS
B.Estos Valley fljoinn Stngdprdn and Guidelines (RESERVED)
B.Downtown Design Overlay District -RESERVED
C.Highway Corridor Overlay District -RESERVED
Development Code Changes,Block One p.7
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D.Stanley Historic Overlay District.
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1.All development in the Stanley Historic Overlay District shall comolv with the
Stanley Historic District Procedures and Standards for Development set forth in
Chapter 17.44 of the Town of Estes Park Municipal Code,as amended from time
to time.
CHAPTER 5—Use Regulations
Item 17:
§5.2 ACCESSORY USES
B.Accessory Uses!Structures Permitted in the Residential Zoning Districts.
2.Additional Requirements far Specific Accessory Uses/Structures Permitted in the
Residential Zoning District.
c.Family Home Day Care.Defined.A facility for care in the permanent residence of
the provider for the purpose of providing day care and training for not more than
four (4)adults or children who are not related to the provider.The maximum
number of children cared for shall comply with State of Colorado and the Colorado
Item 18:
Department of Human Services rules and regulations.
Table 5-1:Accessory Uses and Structures Permitted in the Residential Zoning
Districts
Home Occupation
Item 19:
Yes Yes Yes Is Yes Yes Yes Yes §5.2.B.2.e f
Table 5-2:Accessory Uses Permitted in the Nonresidential Zoning Districts
INonresidential Zoning District I
I“Yes”=Permitted “No”=Not Permitted I
besso Use A-i CD CO 0 CH I-i Additional Conditions
Residential Zoning District
“Yes”=Permitted “No”=Not Permitted Additional
Accessory Use RE-I RE E-1 E R R-I R-2 RM -Requirements
Development Code Changes,Block One p.8
a C
Employee Housing Yes Yes Yes Yes Yes Yes Yes §5.2.Bc.2.a
(Including Caretaker
Quarters)
Item 20:
§5.3 TEMPORARY USES AND STRUCTURES
C.General Standards.All temporary uses or structures shall meet the following
requirements:
7.Temporary uses shall comply with building/structure setbacks established for the
zone district in which the temporary use is located.Staff may waive or adjust
this provision.
CHAPTER 7 —General Development
Requirements
Item 21:
§7.IIOFF-STREET PARKING AND LOADING
M.Bicycle Racks.For premises requiring forty (40)twenty (20)or more vehicular
parking spaces,bicycle racks facilitating locking shall be provided to
accommodate one (1)bicycle per twenty (20)parking spaces required or fraction
thereof.
CHAPTER 10 -Subdivisions
Item 22:
§10.2 APPLICABILITYISCOPE
B.Minor Subdivisions.Minor Subdivisions are subiect to full review and compliance
with the standards set forth in Chapter 10,and the submittal requirements set forth in
Appendix B.
Development Code Changes,Block One p.9
•0 C
1.Boundary Adjustments.Boundary Adjustments.Division of one (1)or more lots,
tracts or parcels of land for the purpose of adjusting boundary lines.
Item 23:
2.Frontage lots.Division of one (1)or more lots,tracts or parcels of land into a total of
not more than four (4)lots shall also be a minor subdivision,provided that each
resulting lot fronts onto an existing dedicated public street,and that the subdivision
entails no extension of water or sanitary sewer facilities.No more
Item 24:
§10.3 REVIEW PROCEDURES
A.All subdivisions,including Minor Subdivisions,shall be reviewed in accordance with
the procedures set forth in Chapter 3 of this Code.
CHAPTER 13 -Definitions
Item 25:
§13.3 DEFINITIONS OF WORDS,TERMS AND PHRASES
Barn/Stable.Barn/Stable shall mean a building,used exclusively to store farm
implements,grain,hay,and other farm products and/or to shelter and feed livestock:or.
a building having stalls or compartments used exclusively to shelter and feed livestock.
Building Envelope.An area within the property boundaries of a lot or property within
which an allowed building or structure may be placed.No portion of the building.
including cornices,canopies,eaves,landings,or attached decks,shall extend outside
the bounds of a building envelope.
Floor Area,Gross shall mean the combined sum of the gross building floor area of all
principal and accessory buildings on a lot,including basement gross floor area except as
specifically excluded herein,as measured along the outside enclosing walls,but not
including:
c.Attainable housing bonus units meeting the reguirements of §11.4.
Only bonus units shall be exempt:
Development Code Changes,Block One p.10
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Garage Sale.The sale or offering for sale to the general public of more than five items
of personal property on any portion of a lot in a residential zoning district,whether within
or outside any building.Sales of programs and food and beverage items at school
athletic events shall not be deemed to constitute garage sales.Shall be limited to no
more than four (4)consecutive calendar days and occur not more than twice within a 12-
month period.
Statement of intent shall include the following unless waived by Staff at the pre
application meeting:existing condition,development reguest,any requests for
modifications or exceptions to the Code,and a proiect description to include:vehicular
and pedestrian access,vehicular and pedestrian circulation system,density,number
of units,number of lots,acreage,land use,landscaping and maintenance plan,utilities.
stormwater drainage and erosion control,and type and amount of impervious
coverage.All points of non-compliance with applicable code provisions shall also be
noted,and iustification provided.
APPENDIX B —Submittal Requirements
Item 26:
II.SUBDIVISION SUBMITTAL REQUIREMENTS
A.General Submittal Requirements
4.Statement of Intent.All applications for a preliminary subdivision plan and final plat
shall include a written Statement of Intent explaining how the proposed subdivision
meets the applicable standards for review as set forth in Chapter 10 and Chapter 7
of this Code.
Item 27:
C.Preliminary Subdivision Plans
5.Contents.
n.A proposed delineation of the limits of disturbance (LODs)for each lot,as
required in §7.3 2.0 of this Code.
z.Names and Addresses.The names and addresses of all owners of land
Development Code Changes,Block One p.11
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immediately adiolning the platted land as their names appear in the records in
the office of the County Clerk and Recorder and their addresses as they
appear on the tax records of the County.
Item 28:
D.Final Subdivision Plats.
21.Small Scale Piat.One copy of plat at 1=600’scale.This copy shall include the lot
lines,section.township,and range,and tie to an established Larimer County
survey monument.
Item 29:
24;22.Plan Contents.
m.Surveyor.A certificate by the licensed land surveyor responsible for the survey
and final map or plat.The signaturc of such surveyor,unless accompanied by his
or her seal,must be attested.The signature of such surveyor must be stamped
with his or her seal.
Item 30:
III.DEVELOPMENT PLAN SUBMITTAL REQUIREMENTS
A.General Submittal Requirements
4.Statement of Intent.All development plan applications shall include a written
Statement of Intent explaining how the proposed subdivision meets the applicable
standards for review as set forth in Chapter 4 and Chapter 7 of this Code.
Item 31:
B.Sketch Plan Submittal Requirements.
Development Code Changes,Block One p.12
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3.Contents.
h.Final site specific lot survey for Iota with olopoc thirty (30’X.)or steeper.(Soc
II.D.21 .c above.)
Item 32:
C.Development Plan Submittal Requirements.
5.As-built Plans.As-built plans (1 Mylar +1 paper copy +1 digital copy)shall be
submitted at the time construction of the improvements is completed.As-built plans
shall include utilities,parking,building footprints,and building square footage.Final
certficate of occupancy shall not be issued prior to submittal of as-built plans.
6.Development Plan Submittal Package Contents.
Item 33:
VII.VARIANCES AND ADMINISTRATIVE (MINOR)
MODIFICATIONS--SUBMITTAL REQUIREMENTS
A.Submittal Requirements.
11.Field Staking.The lot corners and building corners of the proposed structure
shall be field staked ten (10)business days prior to the scheduled Board of
Adiustment hearing.
APPENDIX D —Road Design and
Construction Standards
Item 34:
IV.STREETS AND ROADS
C.Intersection and Driveway Visibility.
Development Code Changes,Block One p.13
a C,
1.Intersections.No fence,wall,hedge,landscaping,sign or other material or structure
that will obstruct vision between a height of three (3)feet and eleven (11)feet shall be
erected,placed or maintained within the triangular area sight visibility triangle formed by
an imaginary line starting at the point of intersection of property lines and extending thirty
(30)feet from their point of intersection,as shown on the following illustration:
Sight Visibility Triangle at Intersection
Item 35
Line
3.Driveways.On the front property linoc,no structuro,fonco,wall,hedgo,or planting
will obotruct vision between a height of throo (3)foot and eight (8)feet shall be
erected,placed or maintainod within tho triangular area formed by the odgo of the
driveway and the front lot line as shown on the following diagram:No fence,wall,
hedge,landscaping,sign or other material or structure that will obstruct vision
between a height of three (3)feet and eight (8)feet shall be erected,placed or
maintained within the sight visibility triangle,as shown on the following illustration:
Not
Sight Visibility Triangle at Driveway
--
-
Pakway=
8 ft.or less
Sbeet
Development Code Changes,Block One p.14
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The provisions of this Section shall EY be waived for fences,walls,hodges or other
plantings if it can be shown that visibility will not be restricted either because of a
turnaround driveway or a parkway (tree lawn)greater than (8)feet.
Development Code Changes,Block One p.15