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Home My WebLink AboutORDINANCE 06-06C) __C ORDINANCE NO.6-06 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, BLOCK NINE AMENDMENTS WHEREAS,the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code,Block Nine;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 Nine 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 shaH 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 pcO DAY OF ,2006, ,J,..,TOWN OF ESTES PARK,COLORADO By:aL .2,2c4J&cL 0 tA’Aayorcz c_’, t,.,.Th._aQs p .,.._ tIrnn Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the Z.to4’-day of5epre.....aet ,2006 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the day of ,2006,all as required by the Statutes of the State of Colorado.às icaZc t...S O JJcie Williamson,Town Clerk 0 0 EXHIBIT “A”Amendments to the Estes Valley Development Code,Block Nine Estes Park Community Development Department Town Hall,170 MacGregor Avenue POBox 1200 ____________ Estes Park,CO 80517 Phone:970-577-3721 Fax:970-586-0249 www.estesnet.com Section 13.2 Use ClassificationslSpecific Use Definitions and Examples 13.2.C.#TBD.Family Home Day Care shall mean a facility in them etresidence of Thcprovider,for the p,rpose of providing less than twenty-four (24)hour care for two (2) or more adults or children who are not related to the caregiver and none of whom are receiving on-site medical or psychological treatment,therapy or counseling,but some or all of whom may be receiving on-site physical assistance with day-to-day living activities. A family home day care for children is a facility that is required to be licensed as such by the State of Colorado,Department of Human Services. a.Erni&Hcme Day Care,Small shall mean facility licensed by the State of Colorado to serve eight (8)or fewer adults or children with no more than one nonresident caregiver onsite at any time. b.Family Home Day Care.Large shall mean a facility licensed by the State of Colorado to serve more than eigj(8)adults or children and may include nonresident ccesiyf.s.The maximum number of children permitted in a famUy_ye home shall_be maximum allowed by the State of Colorado,Department of Human Serves. The maximum number of adults permitted in a family day care home shall be twelve U21 13.2.C.16,Day Care Center shall mean a facility a nonresidential facility for the purpose of providing less than twenty-four (24-hour)care for children or adults,none of whom are receiving on-site medical or psychological treatment,therapy or counseling,but some or all of whom may be receiving on-site physical assistance with day-to-day living activities. A4y..care center for children is a facility that is required to be licensed as such by the State of Colorado,Department of Human Services. C PERMITTED PRINCIPAL USES Section 4.3.B Table 4-1:Permitted Uses:Residential Zoning Districts 0 Use Classification Family Home Day care,L?we Specific Use S Zoning Districts “P”=Permitted by Right “5”=Permitted by Special Review =Prohibited S Additional Regulations (Apply in All Districts Unless Otherwise Stated) §5.1.1 Group Living Facility,Large Group Living Facility,Small INSTITUTIONAL,CIVIC &PUBLIC USES Day Care Center P P P §5.1.1; Treatment facilities are prohibited P P P S P S S §5.1.1 S S S S S §5.1.F S §5.1.F S S S As acccLy to a principal residential use 2 0 Section 4.4.B Table 4-4:Permitted Uses:Nonresidential Zoning Districts Nonresidential Zoning Districts “P”=Permitted by Right “5”=Permitted by Special Review “—“=Prohibited Additional Regulations (Apply In All Districts Use Classification Specific use A A-i CD CO 0 CH II Unless Otherwise Stated) RESIDENTIAL bs pLASSIFICA110NS Aj A-Il CD [COOCH(M Group Living Treatment ——5Facility,Large Facility ———§ §5.1] ‘In CD,such use shall notLivingpppP———be located on the ground“floor of a building having frontage on Elkhom Avenue INSTITUTIONAL,CIVIC &PUBLIC USES §5.1.F ————‘In CD,such use shall notDayCareCenterpp p P be bc ted pn.thnrptari— —flQLQLai.LiDflvinn frontage on Elkhom Avenue §5.1.F 5.2.B.2.d Home Qc.cvpgipn Family Home Day s S As accessory to aCar&Large princiQal residential use only. 3 C PERMITTED ACCESSORY USES 0 Section 5.2.B.I Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District “Yes”=Permitted —“No”=Not Permitted Additional Accessory Use RE-I RE E-1 R R-I R-2 RM Requirements Day Care Center No No No No No No No Yes §5.1.0;as accessory to a permitted religious assembly use eniy §5.1 .F; Family-Home-Day Yes Yes Yes Yes Yes Yes Yes Yes §&2&2e Car: Occupation Family Home Day As accessory to aCare,Small principal residentiala 4 0 0 Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District “Yes”=Permitted “No”=Not Permitted Accessory Use A A-I CD_j_CO 0 CH j I-I Additional Conditions Day Carc,Ccnter No No No Yes Yes Na Yes rcrmitted-ffi-e-fleipal building as an-ecccssorj usc not occupying more than 25%of the gross floor area,or in a frccstanding building in a mixed uso— FemIy-Hemc Day Yes Yes Yes No No No No *S-2-B-2-c Care 5%B%dHqni Occupations Family Home Day Care,Small •As accessory tpprincipal .rcsid ?nti.a p 0 Home Occupation Yes Yes Yes No No No No •As accessory to a principal residential use only. •5.2.B.2.d Home Qccupatio ns Section 5.1.F Specific Use Standards -Day Care Centers and Large Family Home Day Care Day Care Centers and Large Family Home Day Care.Day care centers and large family home day care shall be subject to the following standards: 1.The minimum building lot area for a day care facility center in a residential zoning districts shall be twelve thousand (12,000)square feet. 2.In the CD,0 and 11 zoning districts,day core use is permitted in a building as an accessory use not occupying more than twenty five percent (25%)of the gross floor area or in a frccstanding building in a mixed use project. 3.In approving day care centers and large family day care homes,the Decision Making Body may impose conditions related to location,configuration,and operational aspects of the center or home to ensure that the use is compatible with surrounding uses.This includes,but is not limited to,hours of operation. noise,lighting,and parking. 5 0 0 4.In approving day care centers and large family day care homes,the Decision- Making Body may impose conditions on the site design and structures to ensure compatibility with the character of the surrounding neighborhood in terms of building mass,scale and design. 5.Large family day care homes shall have direct access to a paved public street. 6.Day care centers in the E,E-1,RE.and RE-i residential zoning districts shall be athacent to an arterial street. Religious Assembly. 1.Caretaker Quarters.A single-family dwelling unit,located on the same lot as the religious assembly use,and occupied by the facility’s pastor,minister,rabbi or similar leader,may be permitted as an accessory use to the facility.See §5.2.C.2.a for additional regulations applicable to accessory caretaker quarters use. 2.Special Review Required.Special review shall be required for any religious assembly facility that contains five thousand (5,000)or more square feet of gross floor area. 3.Schtols and Day Care Qenters as Accessory Uses: a.Special review shall be required when a religious assembly use includes a school or day care facility. b.An accessory school or day care use may be allowed only if found to bo compatible with adjacent areas in terms of hours of operation,noise,lighting,parking and similar considerations,and if it does not cause significant traffic impacts.Accessory schools and day care centers must comply with the specific use standards in 5.1.F. Section 5.2.B.2.b Family Home Day Care. Defined.A facility for care in the permanent residence of the provider for the purpose of providing day carp and training for adults or children who aro not related to the provider. The maximum number of children cared for shall comply with the State of Colorado and the Colorado Deportment of Human Scriices mIca and regulations.(Ord.18 01 #17) Section 5.2.B.2.d Home Occupations (1)Size/Area:A home occupation shall not exceed twenty percent (2O%)of the principal building floor area,excluding garage space.This size/area reguirement does not apply to family home day care. (2)Location:Home occupations shall be integrated within the principal building in all zoning districts that allow home occupations.Except that on lots equal to or greater than one-and-one-half (1.5)acres in size,home occupations may be detached from the principal building. (3)Employees:No one other than a resident of the dwelling shall be employed on site, report to work at the site,or pick up supplies or products on site in the conduct of a home occupation.This prohibition also applies to independent contractors.fjly home day care home occupations are exempt from this requirement. 6 0 0 (4)Operational: (a)There shall be no stock-in-trade other than products fabricated by artists and artisans. (b)A home occupation shall be conducted entirely within a portion of a building not within a required parking area.Outdoor play areas are permitted in coniuncfion wfth family_home y_cre.All loose play items,such as toys and games,shall be stored inside at the close of business each day. (c)Vehicle or equipment sales,rentals or repairs shall not be conducted as a home occupation. (ci)Personal and professional services shall be provided on an appointment-only basis. (e)No home occupation shall include a sales room open to the general public, and no articles shall be exhibited,offered for sale or sold on the premises except by prior appointment. (f)There shall be no advertising of the address of the home occupation that results in attracting persons to the premises. (g)No kilns exceeding ten (10)cubic feet in size shall be permitted. (h)All home occupations shall comply with the performance standards prescribed by §7.10 of this Code.There shall be no electrical or mechanical equipment not normally found in a residential structure. (I)No home occupation shall be allowed that will create noise,dust,fumes, odors,smoke,glare,vibration,electrical hazards,fire hazards or the storage of hazardous materials or any other nuisance to a greater degree than normally experienced in the residential district in which the permit is granted. u)pLhp1tccMpgIcm on lots_jith ppgyal of the water assodation shall be required for home occupations_tjwill increase the demand on the water system. (5)Exterior Appearance and Outdoor Storage: (a)No changes in the exterior appearance of the dwelling to accommodate the home occupation shall be allowed,except that one (1)wall-mounted identification sign no larger than four (4)square feet in area shall be permitted. (b)No outdoor storage of materials or equipment in conjunction with the home occupation shall be permitted. (6)ParkingNehiclesrtraffic: (a)Not more than one (1)truck with a maximum capacity of one (1)ton incidental to a home occupation shall be kept on the site. 7 0 0 (b)The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than two (2). (c)A home occupation shall not create pedestrian,automobile or truck traffic significantly in excess of the normal amount associated with residential uses in the district,i.e.,ten (10)vehicle trips per day. The Decision-Making Body shall review the proposed home occupation to ensure that safe and adequate access is provided for customers.At a minimum,the streepshare.driveway.ppy jnçess to a home occupation shall have a minimum wihpLjgtitmffitifserviethanten_custojj.isperdy. For home occupations accessed via roads that are managed by a private road maintenance association,written approval of the association shall be obtained to permit customer trips generated by the home occupation. A.Minimum Off-Street Parking Requirements.The following Off-Street Parking Schedule establishes the minimum number of off-street parking spaces to be provided for the use categories described in this Code. Day Care Femilflome-day-eere Other day care 2es I per 6-person capacity 2 (d) (e) Minimum Number of Off-Street Off-Street Parking Spaces Loading (See §7.i1.C above for GroupUseClassificationSpecificUsemeasurementrules)(See §7.11.N) INSTITUTIONAUCIVIC/PUBLIC USES a