HomeMy WebLinkAboutORDINANCE 18-02C C
ORDINANCE NO.18-02
AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE,
BLOCK FOUR AMENDMENTS
WHEREAS,the Estes Valley Planning Commission has recommended numerous
amendments to the Estes Valley Development Code,Block Four;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,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,
Block Four 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: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 /0 ‘DAY OF o4Lea,..Je,t1 2002.
TOWN OF ESTES PARK
ATTEST:a
Town Clerk
I hereby certify that the above Ordinance ws introduced and read at a regular meeting of
the Board of Trustees on the /0 day of ,‘LLta,,.£tc ,2002 and published in a
new aper of general circulation in the Town of Estes Park,Colorado,on the /3 day
of
__________________,
2002,all as requ ed by the Statutes of the State of Colorado.1 c.
Vickie O’Connor,Town Clerk
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ESTES VALLEY DEVELOPMENT CODE
BLOCK FOUR APPROVED CODE REVISIONS
ITEM I —SEPARATE LEGAL LOT DEFINITION
2.1 CODE ADMINISTRATION AND REVIEW ROLES
B.Table 2-1:Code Administration and Review Roles.
REVIEW AND DECISION-MAKING AUTHORITY
PROCEDURE
Staff EVPC Boards[1]BOA[1]
Code Text Amendments R R DM —
Zoning Map Amendments R R DM —
Comprehensive Plan R DM R -—
Adoption/Amendment
Subdivisions
Preliminary Plat R R DM —
Final Plat R —DM —
Planned Unit Developments
Preliminary Plan R R DM —
Final Plan R —DM —
Special Review Uses R R DM —
Development Plans R DM [3]DM A [3]A A
Minor Modifications DM [4]DM A [4]A [2]—
Use Classification (Ord.18-01 #4)DM —A —
Separate Lot Determinations DM —A —
Variances R ——DM
Administrative Appeals R ——DM
Temporary Use and Sign Permits DM ———
Code Interpretation DM ——A
FeesandCharges ——-DM —-
R =Review Body (Responsible for Review and Recommendation)
DM =Decision-Making Body (Responsible for Final Decision to Approve or Deny)
A =Authority to Hear and Decide Appeals of Decision-Making Body’s Action--See also §12.1,Appeals.”
3.13 SEPARATE LOT DETERMINATIONS
A.Purpose and Applicability.
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1.This Section shall be used to review all questions or disputes regarding
separate Lot determinations based on the definition set forth in 13.3.135.b.
In determining whether or not the individual parcel was intended at the
time of its creation to be separately owned,developed,and otherwise
used as a separate developable unit,the standards for review set forth in
3.13.C shall be considered,in addition to other relevant factors.
B.Procedures for Separate Lot Deterninations.
The procedure for an application for a separate lot determination shall be as follows:
1.Step 1:Pre-Application Conference.A pre-application conference is
voluntary for separate lot determinations.
2.Step 2:Staff Review and Action.Within thirty (30)days from the date a
complete application is submitted,the Staff shall:(a)review the application
according to the standards set forth in this Section;(b)consult with the Town or
County Attorneys and other staff,as necessary;and (c)make a final
determination as to whether the individual parcel in question is a Lot.
3.Appeals.Appeals from the Staffs separate lot determination shall be
made to the respective Boards.
4.Form of Determination.All final determinations by Staff or the Boards
shall be provided to the Applicant in writing and shall be filed in the official record
of separate lot determinations.
C.Standards for Review.
In determining whether or not the individual parcel was intended at the time of its
creation to be separately owned,developed,and otherwise used as a separate
developable unit,the following factors shall,where relevant,be considered,in addition
to other relevant factors:
1.Shape,size,and physical character of the parcel.For example,if the
parcel in question will comply with the adequate public facilities
requirements set forth in Section 7.12 of this Code and a principal
structure can be built meeting all apphcable setbacks,the individual parcel
may have been intended to be separately owned,developed,and
otherwise used as a separate developable unit.Also,for example,if the
shape,size,or physical character of the parcel in question is not similar to
lots in the same neighborhood,the individual parcel may not have been
intended to be separately owned,developed,and otherwise used as a
separate developable unit.Also for example,if the shape of the parcel
indicates that it was intended to be used for physical access or for the
provision of utilities,the individual parcel may not have been intended to
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be separately owned,developed,and otherwise used as a separate
developable unit;
2.Historic use of the parcel in question.For example,if a principal structure
was built over the boundary line in question,the individual parcel may not
have been intended to be separately owned,developed,and otherwise
used as a separate developable unit;
3.Historic property ownership patterns.For example,if no portion of the
parcel in question has been individually deeded into separate ownership
from the remaining portion of the parcel at any time prior to May 5,1972,
the individual parcel may not have been intended to be separately owned,
developed,and otherwise used as a separate developable unit;
4.Private restrictions in effect at the time the parcel was created.For
example,if private covenants in effect at the time of conveyance
prohibited the creation of more than one lot,the individual parcel may not
have been intended to be separately owned,developed,and otherwise
used as a separate developable unit;
5.If no portion of the parcel in question was ever taxed separately by the
Ladmer County Tax Assessor,the individual parcel may not have been
intended to be separately owned,developed,and otherwise used as a
separate developable unit;
6.If the parcel in question is divided by a municipal or county boundary line,
the individual parcel may have been intended to be separately owned,
developed,and otherwise used as a separate developable unit;and
7.If the parcel in question was delineated on an unrecorded subdivision plat
and created in conformance with the applicable subdivision and zoning
regulations,if any,in effect at the time of creation,the individual parcel
may have been intended to be separately owned,developed,and
otherwise used as a separate developable unit.
D.Official Record of Separate Lot Determinations.
An official record of separate lot determinations shall be kept on file in the office of the
Town of Estes Park Community Development Director.The record shall be available
for public inspection in the Estes Park Community Development Department during
normal business hours.
12.1 APPEALS.
Appeals from Final Decisions by Staff.A party-in-interest may appeal a final
decision made by Staff in administrating or interpreting this Code.All such appeals
shall be taken to the Board of Adjustment,except that appeals from Staff decisions on
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use classifications and separate lot determinations shall be taken to either the Board of
County Commissioners or Board of Trustees,as applicable.
13.3 DEFINITIONS ON WORDS,TERMS AND PHRASES.
135.Lot shall mean one of the following:
1.An individual parcel of land which was intended at the time of its creation
to be separately owned,developed,and otherwise used as a separate
developable unit that was platted by a subdivision plat created in
conformance with the applicable subdivision and zoning regulations,if
any,in effect at the time of creation and recorded in the office of the
Larimer County Clerk and Recorder.
2.An individual parcel of land which was intended at the time of its creation
to be separately owned,developed,and otherwise used as a separate
developable unit that was created by a legal conveyance of said parcel
prior to May 5,1972 and created in conformance with the applicable
subdivision and zoning regulations,if any,in effect at the time of creation.
In determining whether or not the individual parcel was intended at the
time of its creation to be separately owned,developed,and otherwise
used as a separate developable unit,the procedure and standards for
review set forth in §3.13 shall be used.
3.Any parcel of 35 acres or more which when created was located within
unincorporated Larimer County,Colorado,and did not cause a parcel of a
less than 35 acres to remain.
APPENDIX B
X.SEPARATE LOT DETERMINATION -SUBMITTAL REQUIREMENTS.
A.Submittal Requirements.
1.A complete application form provided by the Staff.
2.All applicable fees as set forth in the adopted Schedule of Fees.
3.A written statement of how the parcel in question meets the criteria for
review,as set forth in §3.13 of this Code.Attach any relevant supporting
documents,research,analysis or reports.
4.Any other information deemed necessary by the Staff to make a fully
informed and deliberate decision on the application.
Note:All references in the EVDC to “lots of record’shall be removed and replaced with
“lots”
ITEM 2—REQUIREMENT FOR PRE-APPLICATION CONFERENCE.
A.Step 1:Pre-Application Conference.
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1.Purpose.The purposes of the pre-application conference are to provide
an opportunity for the Applicant and the Staff to discuss the review
process schedule and submittal requirements,the scope of the project
and compliance with this Code.
2.Applicability.A pre-application conference is mandatory for the following
applications:
a.Special review uses;
b.Development plans:
c.Rezoning applications;
d.Preliminary subdivision plat;
e.Preliminary P.U.D.plans;
f.Variances;
g.Minor Subdivisions;and
h.Annexations.
Staff may waive the pre-application conference on the ground that the proposed
Development is not complex and will not have any significant impacts on services,
roads,natural resources or adjacent property.
ITEM 3—MAXIMUM BUILDING HEIGHT.
E.Height.
1.Measurement of Maximum Building Height.Height shall be established by
a plane measured vertically above the existing natural terrain elevation
prior to grading.Height shall be measured as the vertical distance in feet
from the original natural terrain within the building footprint to the highest
point of the finished roof situated directly above the point of measurement.
Small areas of rugged terrain inconsistent with this plane shall not
increase or reduce building height.“Small areas”are those features with a
maximum width of twenty-five (25)feet.See Figure 1-3,
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Figure 1-3
,flEMTLNfl FXLOtttIM
Ø((14100)ITU4M.Ca*C*
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as&
——.ee loGnufc
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lag
Table 4-2
Base Density and Dimensional Standards
Residential Zoning Districts
Minimum Lot Minimum BuildingfStwcture Max.
Max.Net ‘r-Building Mm.Max.Lot
Zoning Density Area (sq Width Skie Rear Height Building Coverage
District (nits/acre rontiti (ft.):’(ft.)
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iJ[1oj’..
Notes to Table 4-2
[10]See Chapter 1,§1.9.E,which allows an increase in the maximum height of
buildings on slopes.
Table 4-5
Density and Dimensional Standards
Nonresidential Zoning Districts
Minimum.Land Minimum Building/Structure
Area per MinImum Lot Size 17].Setbacks 41181
Accommodation Max.
or Building Max.Lot
Zoning Residential Unit Area Width Front Side Rear Height Max.Coverag
District (sq.ft.per unit)(sq if)(ft.)(ft.)(ft.)(ft.)(ft.)[9]FAR a (%)
Notes to Table 4-5
[9]See Chapter 1,§1.9.E,which allows an increase in the maximum height of
buildings on slopes.
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ITEM 4—TIMEFRAME FOR VARIANCE APPLICATIONS.
3.6 VARIANCES.
A.Applicability.Staff Note:No proposed change.
B.Procedure for Approval of Variances.Applications for approval of variances
shall follow the standard development approval process set forth §3.2 of this Chapter,
except for the following modifications:
1.Step 2:Application Timing.Applications for variances shall be submitted
thirty4ive (35)days prior to a regularly scheduled meeting of the BOA.
ITEM 5—SUBMITTAL REQUIREMENTS FOR VARIANCES.
APPENDIX B.VII.A SUBMITTAL REQUIREMENTS.
12.Site Notice.The applicant shall be responsible for posting the Estes Valley
Board of Adjustment sign on the lot ten (10)working days prior to the Board of
Adjustment public hearing.
ITEM 6—CRIMINAUCIVIL REMEDIES AND ENFORCEMENT POWERS.
12.4 REMEDIES AND ENFORCEMENT POWERS.
The Community Development Director and relevant Decision-Making Bodies shall have
the following remedies and powers to enforce this Code:
A.Civil Remedies and Enforcement Powers.
1.Deny/Withhold Permits.Staff Comment:No changes to EVDC proposed.
2.Revoke Permits.Staff Comment:No changes to EVDC proposed.
3.Stop Work Order.Staff Comment:No changes to EVDC proposed.
4.Injunctive Relief.Staff Comment:No changes to EVDC proposed.
5.Abatement.Staff Comment:No changes to EVDC proposed.
6.Guilty of Municipal Code Violation.A person shall be guilty of an Estes Park
Municipal Code violation upon conviction in any case where a violation of this
Code exists within the Town of Estes Park,where notice of violation,including
any stop work order,has been properly served,and where such person fails
to comply with such notice or stop work order.
7.Penalty.Persons found guilty of a violation pursuant to this Section,within
the Town of Estes Park,shall be subject to the fines and penalties
established in the Estes Park Municipal Code.
B.Criminal Remedies and Enforcement Powers in the Unincorporated Larimer
County.
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1.Guilty of Misdemeanor.A person shall be guilty of a misdemeanor upon
conviction in any case where a violation of this Code exists,where notice of
violation,including any stop work order,has been properly served,and where
such person fails to comply with such notice or stop work order.
2.Penalty.Persons found guilty of a misdemeanor pursuant to this Section
shall be punishable by a fine of not more than one thousand dollars
($1,000.00)or by imprisonment for not more than ten (10)days,or by both
such fine or imprisonment for each such violation.
3.It shall be the responsibility of the County Attorney to bring any criminal
enforcement action.At the discretion of the Board of County Commissioners,
it may appoint the District Attorney to perform such enforcement duties in lieu
of the County Attorney.
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