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HomeMy WebLinkAboutORDINANCE 02-02C C ORDINANCE NO.2-02 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE,BLOCK TWO WHEREAS,the Estes Valley Planning Commission has recommended numerous amendments to the Estes Valley Development Code,Block Two;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 Two 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 BOA OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS DAY OF!&a47 ,2002. TOWN OF ESTES PARK ATTEST: By: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 12th day of February,2002 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the cR&icd day of Lk%LLtq,2002,all as required by the Statutes of the State of Colorado. a ________________ Vickie O’Connor,Town Clerk C 0 Amendments to the Estes Valley Development Code,Block Two 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:January 22,2002 TITLE:Amendments to the Estes Valley Development Code,Block Two 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 errors and omissions that have surfaced after the first year and a half of experience working with the Code.Other revisions clari&and modi&existing Code provisions to produce standards that are more workable. 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. 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 double strikethrough. 2.New text delineated with underline. 3.Revisions have been organized sequentially by chapter and section. ITEM 1-FAMILY HOME DAY CARE: §13.3 Definitions of Words,Terms,and Phrases 103.Family Home Day Care shall mean a facility for care in the permanent residence —YP.tuà, j.tp 0 0 of the provider for the purpose of providing day care and training for adults or children who are not related to the provider.The maximum number of persons for which care is provided shall comply with State of Colorado and the Colorado Department of Human Services rules and regulations. ITEM 2-APPENDIX D:ROAD DESIGN AND CONSTRUCTION STANDARDS: II.C —Private Streets and Driveways 2.A shared driveway may provide access to not more than four (4)single-family residential lots. 3.Multi-Family Developments.A driveway may provide access for not more than 100 vehicle trips per day. ITEM 3-ENFORCEMENT PROCEDURES: §12.7 Enforcement Procedures A.Non-emergency Matters.In the case of a violation of this Code that does not constitute an emergency or require immediate attention,written notice of the nature of the violation shall... ITEM 4—PRIVATE OPEN AREA SET-ASIDE AND MINIMUM LOT SIZE: §4.3 C.Density/Dimensional Standards (Page 4-7) 5.Table 4-2:Base Density and Dimensional Standards Residential Zoning Districts. Notes to Table 4-2: [1]a.See Chapter 4,§4.3.D,which allows a reduction in minimum lot size (area)for single-family residential subdivisions that are required to set aside private open areas per Chapter 4,§4.3.D.1. b.See Chapter 11,§11.3,which allows areduction in minimum lot size (area)for clustered lots in open space developments. §4.3 D.Additional Zoning District Standards (Page 4-8) 1.Private Open Areas;Applicability and Minimum Set-Aside Required.All residential developments and subdivisions containing five (5)or more 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. Table 4-3 Minimum Private Open Areas $7C ;Fctt2a ILust,ed Minimum Lot Size/Area RE-i 30 7.00 acres RE 30 1.75 acres E-i 15 0.85 acres E 15 0.43 acres R 15 0.21 acres R-i 15 4,250 square feet R-2 15 Single Family =15,300 square feet; Duplex =22,950 square feet RM 15 No Reduction in Minimum Lot Size 0 0 2.Lot Size. a.General Rule.Subject to the exceptions listed below,the minimum lot sizes for lots within single-family residential subdivisions that are required to set aside private open areas shall be as shown in Table 4-3 above. b.Exception for Lots with Private Water/Sewer.The minimum lot size for lots serviced by private wells or private septic systems shall be two (2)acres in all districts,except the RE-i zoning district. c.Exception for Development on Steep Slopes.Lots with an average slope of greater than twelve percent (12%)shall be subject to the lot area adjustment set forth in §7.1.A of this Code.The minimum lot areas set forth in this subsection shall be used as the base for any required increase in lot area due to steep slopes. ITEM 5-STREAM AND RIVER CORRIDOR SETBACKS: §4.3 C.Density/Dimensional Standards (Page 4-7) 5.Table 4-2:Base Density and Dimensional Standards Residential Zoning Districts. Notes to Table 4-2: [3]See Chapter 7,§7.6,which requires,generally,that all buildings and accessory structures shall be set back 30 feet from the delineated edge of stream corridors and 50 feet from the delineated edge of river corridors and wetlands. §4.4 C.Density And Dimensional Standards (Page 4-21) 4.Table 4-5:Density and Dimensional Standards for the Nonresidential Zoning Districts. Notes to Table 4-5: [4]See Chapter 7,§7.6,which requires,generally,that all buildings and accessory structures shall be set back 30 feet from the delineated edge of stream corridors and 50 feet from the delineated edge of river corridors and wetlands.In the CD zoning district,building/structure setbacks from the edge of a stream/river corridor may be reduced to 20 feet and the parking lot setback may be reduced to 12 feet.See §7.6.E.1.a.(2). §7.6 Wetlands And Stream Corridor Protection (Page 7—27): B.Applicability. This Section shall apply to all new development,except for the following development or activities: D.Boundary Delineation. 2.Strewn and River Corridor Boundaries.Stream and river corridors shall be delineated at the annual high-water mark,or if not readily discernible,the defined bank of the stream or river,as those terms are defined in Chapter 13 of this Code._Regulated stream and river corridors shall include only those streams and rivers as identified on the Stream and River Corridor Resource Map found in Appendix A.The rivers delineated on the Stream and River Corridor Resource Map are the Big Thompson and Fall River.Streams delineated on the Map include various named and unnamed streams and minor drainages,some of which are intermittent. E.Buffer/Setback Areas. 1.Stream or River Corridors. a.Building/Structure Setbacks. (1)Stream Corridors (Except in the CD Zoning District). All buildings and accessory structures shall be set back at least thirty (30)feet horizontally (plan view)from the annual high-water mark of stream corridors or if 0 0 not readily discernible,from the defined bank of the stream.Where defined banks are not readily discernible,the setback shall be measured from the thread of the stream.See Figure 7-10. (2)River Corridors (Except in the CD Zoning District). (a)General Rule.All buildings and accessory structures shall be setback at least fifty (50)feet horizontally (plan view)from the annual high-water mark of river corridors or if not readily discernible,from the defined bank of the river. (b)Exception for Lots Developed Prior to the Adoption of this Coda All buildings and accessory structures shall be set back at least thirty (30)feet horizontally (plan view)from the annual high-water mark of river corridors or if not readily discernible,from the defined bank of the river.See Figure 7-10. (3)Stream and River Corridors In the CD Zoning District. In the CD district,all buildings and accessory structures shall be set back at least twenty (20)feet horizontally (plan view)from the annual high-water mark of stream or river corridors,or if not readily discernible,from the defined bank of the stream or river.Where defined banks are not readily discernible,the setback shall be measured from the thread of the stream.Where a principal building in the CD district provides public access,including a primary entrance,on the side of the building facing a stream or river corridor,the setback maybe reduced to ten (10) feet with the approval of the Decision-Making Body. 2.Wetlands. b.All buildings,accessory’structures and parking lots shall be set back at least fifty (50) feet horizontally (plan view)from the delineated edge of a wetland.See Figure 7-10 above.Development on lots of record that were approved for single-family residential use prior to the adoption of this Code shall be exempt. §13.3 Definitions Of Words,Terms And Phrases Thread shall mean the centerline of THE low-flow course of a stream. rcwn.xnmxn Note to Table 4-5: a.[7]See Chapter 7,§7.1, development on steep slopes. ITEM 7—CONDOMINIUM PROCESS §1O.5.H.Condominiums,Townhouses,and Other Forms of Airspace Ownership (Page 10- 7) 3.Exemptions.This subsection shall not apply to condominium projects of two (2)units or less.The number of units shall include any units reserved for future development. ITEM 8-BARNS AND STABLES MAXIMUM SIZE 0 0 ITEM 6-MINThUJM LOT SIZES FOR ATTAINABLE HOUSING DEVELOPMENT AND DEVELOPMENT OF STEEP SLOPES §4.3 C.Density/Dimensional Standards (Page 4-7) 5.Table 4-2:Base Densir and Dimensional Standards Residential Zoning Disti-icts. Notes to Table 4-2; [1]b.See Chapter Il,§11.3,which allows a reduction in minimum lot size (area)for clustered lots in open space developments. c.See Chapter 11,§11.4,which allows a reduction in minimum lot size (area)for attainable housing. d.See Chapter 7,§7.1,which requires an increase in minimum lot size (area)for development on steep slopes. §4.4 C.Density/Dimensional Standards (Page 4-21) Table 4-5 Density and Dimensional Standards Nonresidential Zoninq Districts I Minimum.Land Minimum Building/Structure :: Area per Minimum Lot Size [7]Setbacks II Max. Accommodation or Building Max.Lot Zoning Residential Unit Area Width Front Side Rear Height Max.Coverage District (sq.ft.per nail)£t (SLI ft)(ft.)(ft.)(ft.)(ft.)i (It.)FAR (%) Lots fronting arterials = 40,000 [2]; Outdoor Commer-Fronting Arterial cial arterials =25 [5];50COn/a Recrea-200;All other 15 [6]15 [6]30 25 Lion!All other streets Entertain-lots 50 15 •ment= 40,000 [2] All other I lots 15,000 [2] Fronting Arterial .Arlerials =25 [5);60I_I nb 15,000 [2]200;All other 10 [6]10 [6]30 .30 All other streets = lotsSO 15 which requires an increase in minimum lot size (area)for §5.2 Accessory Uses 0 0 B.Accessory Uses/Structures Permitted in the Residential Zoning Districts. 2.Additional Requirements for Specific Accessory Uses/Stmcwres Permitted in the Residential Zoning District. b.Barns and Stables.The cumulative total ground floor area of all barns or stables shall not exceed two percent (2%)of the gross area of the lot or parcel or 2,400 square feet whichever is less. ITEM 9-ATTAINABLE HOUSING §11.4 Attainable Housing Density Bonus A.Purpose.This Section is intended to create an incentive to provide a variety of attainable housing for persons living and/or working in the Estes Valley. B.Eligibility.All residential subdivisions and developments in residential zoning districts are eligible for the attainable housing density bonus set forth in this Section. C.“Attainable”Defined.For purposes of this Code and Chapter,“attainable housing units”shall mean the following: 1.Renter-Occupied Attainable Housing Units. a.Housing units that are attainable to households earning sixty percent (60%)of the Ladmer County Area Median Income or below,adjusted for household size. b.To qualift’as attainable units,housing costs (i.e.rent and utility expenses) must not exceed thirty percent (30%)of the maximum income for an imputed household size based on sixty percentj60%)of the Larimer County area median income.The imputed household size is equal to 1.5 times the number of bedrooms in the unit.For example,rent on a two (2) bedroom unit would be equal to thirty percent (3 0%)of the monthly income limit of a three person family;for a three (3)bedroom unit the rent should not exceed thirty percent (30%)of the monthly income of a 4.5 person family---the midpoint of the range of a four (4)and five (5)person family. If the property owner does not pay all utility expenses,then a utility allowance,computed by the Estes Park Housing Authority,must be subtracted from the housing cost to determine the maximum rent. 2.Owner-Occupied Attainable Housing Units. a.Housing units that are attainable to households earning eighty percent (80%)of the Larimer County Area Median Income or below,adjusted for household size. b.To quali as attainable units,housing costs must not exceed forty percent (40%)of the eighty percent (80%)Larimer County Area Median Income, adjusted for household size. 3.“Larimer County Area Median Income”Defined. The Larimer County area median income is the current applicable area median income for Larimer County published by the U.S.Department of Housing and Urban Development. §13.3 Definitions Of Vords,Terms And Phrases Attainable Housing Units shall mean the following: a.Renter Occupied Attainable Housing Units.See §11 .4.C. b.Owner-Occupied Attainable Housing Units.See §1l.4.C. 0 0 ITEM 10-BED AND BREAKFAST §13.2C.Use Classification/Specific Use Definitions and Examples 2.ft Accommodations,Low-Intensity Examples (1)Bed and Breakfast Inn:An establishment operated in an owner-occupied,single- family detached dwelling unit,or portion thereof (excluding accessory buildings), that provides lodging,with or without the service of a morning meal only,and where the operator lives on the premises.No more than six (6)guests may be accommodated at any one (1)time.Accessory buildings shall not be used for guest quarters or amenities beyond a gazebo or similar outdoor room.