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Home My WebLink AboutORDINANCE 13-22ORDINANCE NO. 13-22 AMENDING THE ESTES PARK MUNICIPAL AND DEVELOPMENT CODES TO REMOVE THE RE-1 (RURAL ESTATE) ZONING DISTRICT WHEREAS, on June 21, 2022, the Estes Park Planning Commission conducted a public hearing on a proposed text amendment to the Estes Park Development Code to eliminate the RE-1 (Rural Estate) Zoning District in the Town of Estes Park; and WHEREAS, the Estes Park Planning Commission recommends approval of the amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Park Development Code section 3.3.D and has determined that it, and conforming edits to the Municipal Code, are in the best interest of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Estes Park Development Code and the Estes Park Municipal Code are hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibits A and B respectively. Ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ff''day of �� , 2022. TOWN OF ESTES ARK, Bvc ATTEST: Tem OLORADO I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the C ~ day of ,, 2022 and published by title in a newspaper of general circulation in the Town of Ess Park, Colorado, on the '11'"day of .„).:1 , 2022, all as required by the Statutes of the State of Colorado. APPROVED AS TO FORM: Town Attorney EXHIBIT A ESTES PARK DEVELOPMENT CODE CHAPTER 4. ZONING DISTRICTS § 4.1 - Establishment of Districts The following zoning districts are hereby established. They may be referred to by their name or their district letter abbreviations. A. Residential Zoning Districts. 2-1. RE Rural Estate 32. E-1 Estate 43. E Estate 54. R Residential 65. R-1 Residential 5f. R-2 Two -Family Residential 87. RM Multi -Family Residential § 4.3 - Residential Zoning Districts A. List of Districts/Specific Purposes. 1—R-E-1-R-ural-Estate-Z-en-ing-District. -protect-a-nci p-reserve-sorne-of th-e-Est-es-Valley-i-n-whieh-s;Lgn-ifica-nt view-s-h-ed-s,weectka-n-d-s,raek-ou-tcrop-pings, envi-ro-n-m-en-ta-1 a r as a n-d-lew-d-eh-sity-residential-developmeht--com-p-ri-s-e-the iaredia-minan-t-lanci-use-pattern. This zon-e-i-m-plements th-eu-ra I Estate (R-E--1-r future4a -Cornprehen-sive-P4a-n. The -di -stria regu-lati-ons-allow-for-th-e-d-evele-p-me-nt of low density-s-i-n-gl-e-fam-ily-res4en4at u-ses, generally at densities-no-greate tfla n on-e-(1-)-dwelling-u-n-i-t--p-e-ten (10) acrec. 21. RE Rural Estate Zoning District.... 32. E-1 Estate Zoning District.... 43. E Estate Zoning District.... 54. R Single -Family Residential Zoning District.... 65. R-1 Single -Family Residential Zoning District.... 76. R-2 Two -Family Residential.... 87. RM Multi -Family Residential.... B. Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Zoning Districts Additional Regulatio ns (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "Si or S2" = Permitted by Special Review "—" = Prohibited RE- 4- RE E-1 E R R- 1 R-2 RESIDENTIAL USE CLASSIFICATIONS Household Living Single- family dwelling 12: P P P PPP P In R-1, §4.3.D.4 applies (Ord. 18- 01 §13) Two- family dwelling — — — P P (Ord. 15- 11 §1) Multi- family dwelling P §5.1K (Ord. 02- 10 §1) Mobile home park — — — — — S §5.1I Group Living Facility, Large Senior care facility — — — S2 S2 S2 §5.11 Large group living facilities — — — S2 S2 S2 §5.1I Group Living Facility, Small P P P P P P P P INSTITUTIONAL, CIVIC AND PUBLIC USES Day Care Center (Ord. 6-06 §1) S_ S2 S2 S2 S2 S2 S2 S2 §5.1F Family Home Day Care, S2 S2 S2 S2 S2 S2 S2 S2 §5.1F; As accessory to a Use Classification Specific Use Zoning Districts Additional Regulatio ns (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "Si or S2" = Permitted by Special Review Prohibited RE- 1 RE E-1 E R R- 1 R-2 121VI Large (Ord. 6-06 §1) principal residential use only Government Facilities Public Safety Facilities PPP P P P P P §_,3,1:72,, Location & Extent Review Trail/Trail Head P P P P PPP P §"3„).3., Location & Extent Review Utility, Major — — 31a, Location & Extent Review Utility, Minor PPPPPPPP,§3.11, Location & Extent Review; Use shall not include office, repair, storage or production facilities All other Governme nt Facilities 12 P P P PPP P §3.13_, Location & Extent Review Hospital — S S2 Park and Recreation Facilities— Public PPP P P P P P _§_313, Location & Extent Review Park and Recreation Facilities Private ' S2 S2 S2 S2 S2 S2 S2 §5.1.W, Specific Use Standards Use Classification Specific Use Zoning Districts Additional Regulatio ns (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "Si or S2" = Permitted by Special Review "— ' = Prohibited RE- RE E-1 E R R- 1 R-2 RM I Park and Ride Facilities P P P P Religious Assembly — — — — S2 S2 §5.1.0 (Ord. 19- 11 §1) Cultural Institutions S S2 S2 S2 S2 S2 S2 S2 §5.1.V (Ord. 13: 1 8 §1(Exh. A)) Schools S S2 S2 §3,1,3, Location & Extent Review (Ord. 19- 11 §1; Ord. 1- J8_§1(Exh. A)) Senior Institutional Living Continuing Care Retirement Facility — — — — S2 S2 S2 S2 §5.1I Congregat e Housing — S S2 S2 S2 S2 §5.1.1 Skilled Nursing Facility — — — — — S2 §5.1.I Transportati on Facility Without Repairs — — — P P P Location & Extent Review ACCOMMODATION USES Low- Intensity Accommo- dations Bed and Breakfast Inn: 8 and under occupants P P P P PPP P §5.1U Use Classification Specific Use Zoning Districts Additional Regulatio ns (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—' = Prohibited RE E-1 E R R- 1 R-2 RM Bed and Breakfast Inn: 9 and over occupants 5-2 S2 S2 S2 S2 S2 S2 P §5.1U Vacation IIome: 8 and under occupants P P P P PPP P §5.1B Vacation Home: 9 and over occupants L- LV LV LV L V L V LV LV §5.1B (Large Vacation 1-lome Reviews may be approved by Planning Commissio n only, subject to specified criteria) COMMERCIAL/RETAIL USES Wireless Telecommuni - cation Facilities Attached and concealed (stealth) antennas P P P P P P P P §5.1 T Antenna towers, microcells PIS 1 P/S 1 P/S 1 P/S 1 — P/S 1 P/S 1 §5.1T RECREATION USES Golf Course P S2 S2 S2 — — — §5.1C ACCESSORY USES: SEE k5.2 "ACCESSORY USES AND ACCESSORY STRUCTURES." TEMPORARY USES; SEES .5.2, "TEMPORARY USES AND STRUCTURES." C. Density/Dimensional Standards. 4. Table 4-2: Base Density and Dimensional Standards Residential Zoning Districts. Table 4-2 Base Density and Dimensional Standards Residential Zoning Districts Zoning District Max. Net Density (units/acre) Minimum Lot Standards [1] [4] (Ord. 25-07 §1) Minimum Building/Structure Property Line Setbacks [2] [7] (Ord. 25-07 §1; Ord. 15-11 §1) Max. Building Height (ft.) [8] Min. Building Width (ft.) Area (sq ft.) Width (ft.) Front (ft.) Side (ft.) Rear (ft.) RE-1 1 / 10 Ac. 1-0 200 50 50 50 30 20 D. Additional Zoning District Standards. Table 4-3 Minimum Private Open Areas Zoning District Minimum Private Open Areas (% of Gross Land Area) Adjusted Minimum Lot Size/Area (Ord. 2- 02 #4) 30 7,00aEres 2. Lot Size. 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 1 zoning district. CHAPTER 5. - USE REGULATIONS § 5.1 - SPECIFIC USE STANDARDS F. 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: 5. Day care centers in the E, E-1, and RE and-R-E 1-residential zoning districts shall be adjacent to an arterial street. § 5.2 - ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES B. Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1. Table of Permitted Accessory Uses and Structures.... Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Accessory Use Residential Zoning District Additional Requirements "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit RE- 1 RE E-1 E R R-1 R-2 RM Accessory dwelling unit Yes Yes Yes Yes Yes No No No §5.2.B.2.a 1.33 times minimum lot area required Barns and stables Yes Yes Yes No No No No No None (Ord. 15-03 §1) Day care center (Ord. 6-06 §1) No No No No No No Yes §5.1.F; §5.1.0; as accessory to a permitted religious assembly use Family home day care, small (Ord. 6- 06 §1) Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.d Home Occupation As accessory to a principal residential use only Fences and walls Yes Yes Yes Yes Yes Yes Yes Yes §7.5.H Accessory Use Residential Zoning District Additional Requirements "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit 1 1 RE E-1 E R R-1 R-2 RM Garages, carports, and off-street parking areas used to serve the residents of the property Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.d and §7.11;w Golf clubhouses, including space for the sale of golf or other sporting equipment, food and refreshments Yes Yes Yes Yes No No No No As accessory uses to golf courses only Home occupation Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.e (Ord 18-01 §18) Kitchen, Accessory (Ord. 08-17 §1) Yes Yes Yes Yes Yes Yes Yes No §52.B.2.f (Ord. 03-10 §1) Kitchen, Outdoor (Ord. 08-17 §1) Yes Yes Yes Yes Yes Yes Yes Yes Micro wind energy conversion systems Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.g (Ord. 05-10 §1) Office (Ord. 20- _lb...§1) No No No No No No No S2 §5.2.B.2.i Private greenhouses Yes Yes Yes Yes Yes Yes Yes • Private schools Na No No No No No Yes (Ord. 19- 11 §1) Yes As accessory to a permitted religious assembly use only; §5.1.0 Accessory Use Residential Zoning District Additional Requirements "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit RE- 1 RE E-1 E R R-1 R-2 RM Satellite dish antennas 39 inches (1 meter) or less in diameter - Yes Yes Yes Yes Yes Yes Yes Accessory to a principal residential use only •To the maximum extent feasible, but only where there is no impairment to acceptable signal quality, such satellite dish antenna shall be located in the rear yard of the residential use Satellite dish antennas greater than 39 inches (1 meter) in diameter Yes Yes Yes Yes Yes Yes Yes Yes •Accessory to a principal residential use only •To the maximum extent feasible, but only where there is no substantial impairment to acceptable signal quality, such satellite dish antenna shall be located in the rear yard of the residential use. •To the maximum extent feasible, the satellite dish antenna shall be screened from view from adjacent public rights -of -way (including trails) Small wind energy conservation systems (Ord. 21-10 §1) € CUP CUP CUP CUP CUP CUP CUP §5.2.B.2.h Accessory Use Residential Zoning District Additional Requirements "Yes" = Permitted "No" = Not Permitted "CUP" = Conditional Use Permit RE RE E-1 E R R-1 R-2 RNl I Solar collector (Ord. 11-11 §1) Yes Yes Yes Yes Yes Yes Yes Yes Square footage of ground -mounted solar collectors shall be calculated as the area of the solar panels, not the structure footprint. Storage or parking of trucks, cars, or major recreational equipment, including but not limited to boats, boat trailers, camping trailers, motorized homes, and house trailers Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.h Swimming Yes Yes Yes Yes Yes Yes Yes Yes pools/hot tubs CHAPTER 7. - GENERAL DEVELOPMENT STANDARDS § 7.1 - SLOPE PROTECTION STANDARDS A. Density Calculation for Residential and Accommodation Development on Steep Slopes in Excess of 12%. 1. Applicability. These density calculation provisions shall apply to all new residential and accommodation development in the Estes Valley, except for --lhe fel [ow i4g a:-.Ssingle-family residential development on a lot created and approved for such use prior to the effective date of this Code. b. Devel ea-twithin the RE 1 Zoning Distr t 2. General Rule. Notwithstanding the maximum densities permitted by the underlying zoning district, the minimum lot area for new residential and accommodation development on parcels containing slopes twelve percent (12%) or greater shall be determined by the following formulas: a. All Residential Zoning Districts (Except RM) : For each percentage point by which average slope exceeds twelve percent (12%), the base zone minimum lot area requirement shall be increased by one thousand (1,000) square feet, as shown in Table 7-1 below. Table 7-1 Density Calculation/Lot Area Adjustment for Steep Slopes by Zoning District Zoning District Base Minimum Lot Adjusted Minimum Lot Area (Square Feet) @ "x"% Slope Area 15% 20% 25% 30% 35% RE-1- -1-A- e Ne c �`�rf•',cr^stH-'}GitE-eteCj-t11-F CHAPTER 10. SUBDIVISION STANDARDS § 10.4 - LOTS C. Flag or Flagpole Lots. Flag lots (also known as flagpole lots) may be allowed subject to the following standards: 1. Permitted Zoning Districts. Flag lots shall be allowed only in the F E-1,--RE, E- 1, E, R and R-2 Residential Zoning Districts. § 10.5 - SUBDIVISION DESIGN STANDARDS D. Sidewalks, Pedestrian Connections and Trails. 2. Sidewalks. Sidewalks shall be required as follows: a. Sidewalks shall be required on one (1) side of any public or private street in all zoning districts, except in the l E 1—a -d-RE Zoning Districts. Sidewalks may not be required where unusual topographic or environmental conditions make installation infeasible or would result in a significant adverse impact on sensitive natural resources. b. In all zoning districts, including the RE--1--a-RRd-RE Zoning Districts, sidewalks on both sides of a street may be required along roads where the [VP Estes Ilr1rk I nnir „CnrnmI anion determines there will be significant pedestrian usage. c. In all residential zoning districts, including the °rani RE Zoning Districts, when a residential lot abuts an arterial street, sidewalks shall be provided to provide public access and connection to adjacent properties. CHAPTER 11. - INCENTIVES § 11.3 - OPEN SPACE DEVELOPMENTS B. Eligibility. Residential open space developments are permitted in the RE 1, RE and E-1 zoning districts. E. Development and Design Standards 2. Lot Size. a. General Rule. Subject to the exceptions listed below, the minimum lot sizes for single-family detached lots within approved open space developments shall be as follows: Zoning District Minimum Lot Size/Area for Single -Family Detached Lots 2.5-a€r-es 4. Open Areas. a. Minimum Amounts Required . Open space developments shall provide the following minimum amount of private and/or public open areas: Zoning District Minimum Open Areas (% of Gross Land Area) € a 704 EXHIBIT B ESTES PARK MUNICIPAL CODE Title 5 - Business Regulations and Licenses Chapter 5.20 - Business Licenses 5.20.110 - Additional provisions for vacation homes and bed and breakfast inns. (b) Residential zone vacation home cap. (1) Vacation home licenses in residential zoning districts (designated for the purposes of this Section as zoning districts E, E-1, R, R-1, R-2, RE, RE4,--and RM) shall be held at a maximum total ("cap") of 322 licenses in effect at any given time.... Title 17 - Zoning 17.66.130 - Sign regulations in all single-family residential zones (R-1, R, E-1, E, RE, )