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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2022-06-21AGENDA PLANNING COMMISSION – TOWN OF ESTES PARK Tuesday, June 21, 2022 1:30 p.m. AGENDA APPROVAL PUBLIC COMMENT. (Please state your name and address). CONSENT AGENDA: 1.Planning Commission Minutes dated April 19, 2022 2.Large Vacation Home, 851 Peakview Drive ACTION ITEMS 1.Code Amendment Removal of RE-1 Zone Director Garner 2. Rezone 800 Castle Mountain Road RE-1 to R2 Director Garner DISCUSSION ITEMS: 1.CompPlan Update Director Garner ADJOURN The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. Prepared June 15, 2022 1 2 Town of Estes Park, Larimer County, Colorado, April 19, 2022 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 19 day of April 2022. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Vice-Chair Heiser, Commissioner Centurione, Commissioner Elkins, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician LJ Baur, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Chair Comstock Vice-Chair Heiser called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Centurione/Hanson) to approve the agenda. The motion passed 3-0. Commissioner Elkins was not available. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Centurione) to approve the consent agenda. The motion passed 3-0. Commissioner Elkins was not available. ACTION ITEMS 1.Raven Rock Development Plan Planner II Bergeron Planner Bergeron reviewed the staff report and the history behind the Raven Rock Development Plan. This proposal includes 38 townhomes that present as duplexes (19 buildings), spread over approximately 10 acres and zoned Accommodations (A). The units are to be sold as residential dwellings to individual owners. The owners would be able to use their properties as short-term rentals. The townhomes and out lots contained therein are platted and recognized by Larimer County and the Town of Estes Park. Staff recommended approval of the development plan. DISCUSSION: Vice-Chair Heiser asked about the easements on the plotted lots. Owner/Applicant James Mackey was available for questions and presented a short slide show explaining the background and current plans for Raven Rock. PUBLIC COMMENT: Bob Shafer, 508 Promontory Drive, expressed concern with traffic. The traffic study was done in February, which is very different from a summer month. Sherry Flannery, 565 Lakewood Court, asked if dark sky lighting would be enforced with the development. Rick James, 305 Kiowa Drive, asked if a crosswalk would be installed to access Mary's Lake. Kevin Conrad, 2240 Arapaho Road, had concerns about the outflow from detention ponds which will flow into the Arapaho Meadows subdivision. Michael Keilty, 2441 Arapaho Road, stated that drainage flow drains into his property from the proposed development plan. Trespassing is another concern. Claire Ray, 2461 Arapaho Road, expressed the same concerns as Michael Keilty. dra f t 3 Planning Commission – April 19, 2022 – Page 2 STAFF RESPONSE: Planner Bergeron confirmed that Dark Sky requirements would be enforced. Jennifer Waters, Public Works Engineer, stated that the traffic study was done in February 2022, and no other traffic elements were needed. The traffic study did not predict much pedestrian traffic, but Public Works could have further discussion on installing a crosswalk. She also noted that any land disturbance would need to be accompanied by storm drainage best practices. Joe Coop, Van Horn Engineering, spoke on the drainage issues. The drainage swell is part of phase one, and a detention pond on the north will collect most rainfall during large storms, thus helping the Arapaho Meadows subdivision with heavy storm runoff. It was moved and seconded (Heiser/Centurione) to recommend approval of the development plan in accordance with the findings as presented. The motion passed 4-0. DISCUSSION ITEMS 1. Senior Planner Woeber reviewed the Stanley Home Museum annual review. As a part of the Board of Trustees' request for a Special Review Use (S2) Application filed by the Historic Stanley Home Foundation for the property addressed 415 Wonderview Avenue on a parcel zoned E-1 (Estate), the operation was subject to 13 conditions. Condition 13 stated that "an initial annual review shall be given to the Planning Commission after one year of operation." The submitted report outlined the other 12 conditions. RJ Lara, Executive Director of the Stanley Home Museum and Education Center, was available for questions and highlighted the compliance with the conditions. One of the main differences is that the tours are restricted to 8 people per tour instead of the 12 suggested. Conservation talks were initiated, as requested. 2. Planner II Bergeron gave a brief update on CPAW. There has been some organizational turnover which may affect the timeline. CPAW is looking for a consultant to help update our Code on landscaping and plant lists. Other Code elements will likely wait until the post-Comp Plan overhaul. 3. Director Garner discussed having a special study session in May to review and learn more about the RM-2 Code Amendment or Commissioner training. Consultants Ayres Associates are not available on the scheduled May 17 meeting date and have requested a virtual meeting on May 10 at 3:30 p.m. as an alternate. Heiser stated that he would prefer the training to come first. 4. Discussion on returning to in-person meetings was had. Training will have to take place for staff and the Commission. Having no projects coming to the Commission in May, it will likely be June before the first in-person meeting. 5. May 12 will be a community-wide event on Choices for the CompPlan. This will be bi-lingual and will take place at the Elementary School gym. There being no further business, Vice-Chair Heiser adjourned the meeting at 3:00 p.m. _______________________________ Vice-Chair Heiser Karin Swanlund, Recording Secretary dra f t 4 5 Local Property Manager Contact Information Name Physical Address Mailing Address Phone Number Email Address Attachments PID Required Setbacks:Front Existing Setbacks:Front Stalement of Intent Required? Life Safety Inspection Required?Wi noising Desartrnerd Otficial LotSize (9 .2-C Side 3.-C Rear W 80 Side ‘1.2—Rear YES CN Zone District ___________ Maximum Number of Occupants Allowed Number of Approved Parking Spaces Staff Recommendation:PPRGAL Scheduled Hearing Date—a V fl-z_ ‘a 5 DENIAL Estes Park Planning Commission Use manning Commission Chair Date APPROVED DENIED IEIlectpvg 2O2204D1 ESTES PARK LARGE VACATION HOME REVIEW I AMENDMENT Submittal Date:5/Z/u’CL new ownerLi occupancy updates bedroom uodate Owner Information Vacation Home (VH)Address (PEyg ‘_)-zc o Homeowners Name Business Name Nic Mailing Address i/O £nj,qtx,tcz.,L’J Sri-c(qt&T5s.‘WI’c1 Phone Number ________________________________________________________________ EmailAddress Cvaa’it <j, Ec1E ?ft&Cc)Qosii 3 Site Information VH Certificate #32 5,Number of Bedrooms old ‘lnewVH Life Safety Number Q’LjiL. Number of Existing Off-Street Parking Spaces ‘t) Number of Occupants Proposed (Maximum allowed is 2 per bedroom plus 2)old /0 new I ‘2.. sj;cisn (YaflC)ç’i’03C2C)‘iL&i’¶5C3E.L 1.snc t.j E4j4 t-(c’tj vit En-rccs •Paa’4 CC ‘1c ,,-j.E7LW .ia Pnz -;w-’ (2r1o)..7Rc—.3S’-(le’,..S;chcrCCcc\ac.urym °S25Q Fee t\ic Copy of property site plan or building permit Owner Certification As Owner,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and I amtherecordowneroftheproperty 4 Date ;k,Record Owner __n _________ Office Use Date U:\Planning\Ap p1irations Form s_Reterences\Appl ication Forrns\U rgeVacation Horn eReviewApp 6 7 COMMUNITY DEVELOPMENT Memo To: Honorable Matt Comstock, Chair Estes Park Planning Commission From: Jessica Garner, AICP, Community Development Director Date: June 21, 2022 Application: Amend the Estes Park Development Code and Estes Park Municipal Code to Eliminate the RE-1 (Rural Estate) Zoning District Recommendation: Staff recommends the Planning Commission approve the development plan request, subject to the findings described in the staff report. Land Use: Comprehensive Plan Designation: (Future Land Use) Public, Rural Estate (ten acre minimum), Rural Estate (2.5 acre minimum) Zoning District: RE-1 Site Area: 74.03 Acres (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the Development and Municipal Codes to eliminate the RE-1 (Rural Estate) Zoning District. Note: This Code amendment is accompanied by a rezoning ordinance that rezones one Town-owned parcel currently zoned RE-1 to another Zoning District (R-2), following the standard protocols for the rezoning process. Location: Parcels 3522400923, 352318901, and 352342014 Background: The RE-1 Zoning District is a low-density, large-lot residential zoning district with a very small presence in Estes Park. Only three Town parcels are zoned RE-1, and none of 8 2 them are developed for single-family use. Of the three parcels zoned RE-1, two are owned and managed by the National Park Service, and are petitioning to disconnect from Estes Park. In the Joint Planning Area era, the RE-1 District was almost completely a Larimer County zoning district, which is still the case today. The Zone District’s creation pre-dates the Joint Planning Area and the adoption of the former Estes Valley Development Code (EVDC) in Nov. 1999, and the wholesale Valley-wide rezoning that accompanied those changes. Although the history is unclear, staff has anecdotal evidence that the Zoning District was originally created by Larimer County in the early- to mid-1990s – pre-dating the EVDC, although not by many years. Before Nov. 1999, RE-1 zoning only applied to land in unincorporated Larimer County, as the Town had no RE-1 or equivalent Zoning District. Around the time of the Valley-wide rezoning in 1999, RE-1 zoning was applied to the three parcels inside Town. From older County and EVDC zoning maps, it appears the RE-1 District remained fairly unchanged on the map from its creation until the IGA dissolution in 2020. See Attachment 3 for the Estes Valley Zoning Map as it existed in January 2018 - not long before the IGA ended on April 1, 2020. The vast majority of land zoned RE-1 during the Joint Planning Area timeframe was in unincorporated Estes Valley, as the 2018 Zoning Map shows. Judging from spot-checks of Town zoning maps over the years, it seems not much land inside Town was ever zoned RE-1. Presently, only three parcels inside the Town currently are zoned RE-1. Map 1 below is a close-up of the Town’s Zoning Map in the upper Fall River corridor, showing all three of the parcels, which are very near each other. The light greenish-gray color is RE-1, with three asterisks showing each of the three parcels. A more detailed map and discussion is found in the exhibits. All three parcels are publicly owned. The westernmost parcel above the Castle Mountain Road cul-de-sac is owned by the Town and is the site of a large water tank. The two larger parcels to the east are part of Rocky Mountain National Park and are undeveloped. Project Description: Staff is seeking approval to amend both the Development and Municipal Codes to eliminate the RE-1 Zoning District. The Purpose for eliminating RE-1 zoning is twofold: 1. The amendment will remove a Zoning District that serves no useful purpose inside the Town of Estes Park. It is a residential Zoning District that requires a 10-acre minimum lot size. As noted, (a) there are only three parcels currently zoned RE-1; (b) all are essentially undeveloped; (c) none are likely to ever develop as RE-1 parcels; and (d) the one viable parcel is easily shifted to the R-2 Zoning District. Otherwise, there aren’t many eligible 10-acre parcels feasible to 9 3 rezone to RE-1. Essentially, eliminating the RE-1 District declutters the Development Code. 2. A second reason is more fundamental. In an environment in which attainable and workforce housing is a critical need, it is hard to see how a 10-acre lot, single- family-only Zoning District has a role to play in the Town of Estes Park. Estes Park and vicinity have no shortage of sizeable single-family houses on large individual lots - i.e., unattainable housing for most citizens or families. Additionally, in many planning textbooks and research articles and papers, 10- acre-lot residential zoning is identified as sprawl development. For an example, please refer to the following link from the US Environmental Protection Agency: https://www.epa.gov/sites/default/files/documents/essential_smart_growth_fixes_ rural_0.pdf (see especially Section 6 [p. 30] forward.) It is important to note that nothing in the Town’s proposal to eliminate RE-1 zoning is designed to push the same proposal in unincorporated Estes Valley. Discussion and decisions about that are Larimer County’s choice and prerogative. Other parcels measuring 10 acres or more do exist inside the Town in various locations. Attachment 4 is a list of all the 27 parcels inside the Town measuring 10 acres or more. Of the 27 such parcels, seven are residentially zoned and the other 20 are various types of commercial zoning. A review of this list reveals the following: • Approx. 40 percent of the parcels (12 out of 27) are owned by a public or quasi- public entity (Town, Federal, etc.) – entities that are highly unlikely to propose a single house on a 10-acre or larger lot; • As the Comments column shows, nearly all are already developed, and most in ways that would almost certainly preclude (re)developing them under single- family 10-acre zoning. Theoretically, any of these 27 properties could someday be rezoned to RE-1 under current Code. In practice, the odds of that happening are very small. Staff would conclude that few or none of our current 10-acre-plus parcels in Town would likely need or benefit from rezoning to RE-1. Attachments 1 and 2 (Exhibits A and B) are the proposed actual Code language for the Development Code and the Municipal Code respectively. Both exhibits consist almost entirely of struck-through language; nothing is added except a few conjunctions and commas to keep the grammar and syntax appropriate. 10 4 Location and Context: Map 1 Project Location Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Parcel 3522400923 Public (INS) RE-1 (Rural Estate) Water Storage North Parks, Recreation, Open Space Federal Land (N/A) RMNP South Residential R-2 Residential East Rural Estate RE-1 (Rural Estate) RMNP West Rural Estate R-2 Residential 11 5 Table 1a: Zoning and Land Use Summary Comprehensive Plan Zone Uses Parcel 352318901 Rural Estate RE-1 (Rural Estate) RMNP North Parks, Recreation, Open Space Federal Land (N/A) RMNP South Accommodations MF (Multi-Family) Residential East Rural Estate RE (Rural Estate) RMNP West Rural Estate R-2 Residential Table 1b: Zoning and Land Use Summary Comprehensive Plan Zone Uses Parcel 352342014 Rural Estate RE-1 (Rural Estate) RMNP North Parks, Recreation, Open Space Federal Land (N/A) RMNP South Accommodations A (Accommodations) Accommodations East Rural Estate Federal Land (N/A) RMNP West Rural Estate RE RMNP Project Analysis: The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EPDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment to the Code is limited to eliminating one Zoning District that demonstrably serves no useful purpose in the Town, and may serve to undercut efforts to resolve the workforce and attainable housing shortage. 2. “The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the 12 6 Comprehensive Plan and with existing growth and development patterns in the Estes Valley:” Staff Finding: There is no specific “development plan” associated with this Code Amendment. Rather, the amendment addresses specific policy goals arising from various adopted policies, including the 2022 Town Board Strategic Goals and the 2016 Housing Needs Assessment. 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.” Staff Finding: Town, County, or other relevant service providers would not be significantly impacted regarding their respective services and facilities if this Code Amendment is approved. Reviewing Agency Comments: Staff consulted with the Town Utilities Department and with the National Park Service regarding the proposed amendment. The National Park Service petitioned the Town to remove the two RE-1 parcels and one RE parcel from the Town’s boundaries (disconnection), which will be presented to the Board of Trustees in July, accompanying the Code Amendment and Rezoning request. National Park Service (NPS) land is already not subject to local zoning control, so the zoning designation is essentially irrelevant, and the parcels will not be re-zoned since they are likely to be removed from the Town’s boundaries, pending the Town Board’s determination. The Town has no other identified uses for its property, aside from the storage tank. Water tanks and similar utility infrastructure are an allowed use by right in all zoning districts. Based on discussions with the Town Utilities Dept., the Town-owned parcel is not likely to redevelop, and if this changes, the Zoning designation will mirror adjacent parcels (R-2). No objection or concern about zoning changes to the remaining one parcel has been noted. Advantages: • Generally complies with the EPDC §3.3.D Code Amendments, Standards for Review. • Removes a Zoning District that serves no discernible purpose in Town, which simplifies the Development Code. • Provides for the opportunity to create much needed housing units by eliminating a Zoning District that could result in less-affordable housing in Town. Disadvantages: • There may be the impression that removing a large-lot, low-density residential district will compromise the Town’s image and character as a “small mountain village.” This term does not accurately characterize Estes Park in 2021, and in any case, there is nothing inherently “village-like” about 10-acre single-family lots. 13 7 • There may be the impression that “it’s not broken, so why fix it?” Staff would suggest that waiting until something breaks, and then trying to fix it, isn’t good planning. Action Recommended: Staff recommends approval of the Code amendment as proposed. Public Comment/Outreach: Staff held an online neighborhood meeting via Zoom on Monday, November 1, 2021. To review the meeting recording, please use this link: https://drive.google.com/file/d/1- Z__boustY8jeDK0zHB63Rhz5i57GJJ_/view?usp=sharing The meeting was attended by seven community members, and questions ranged from the use of the Town-owned parcel and if it would change, and if the National Park Service had plans for their parcels, which the NPS does not have plans to develop, but in the current circumstances, they are not required to comply with local codes and regulations. A question was posed about how people would be notified about the RMNP disconnection when it goes to the Town Board for review, and the sites will be posted with a sign, along with a notification to adjacent property owners, on the Town’s website, and in the newspaper. Staff provided public notice of the application in accordance with Town and State public noticing requirements. As of the time of writing this report no other public inquiries were received aside from the inquiries during the neighborhood meeting, noted above. • Legal notice was published in the Estes Park Trail-Gazette on June 3, 2022. • Information was posted on the Town’s “Code Amendments” webpage as of June 3, 2022. Sample Motion: I move that the Planning Commission recommend approval of the Code Amendment in accordance with the findings as presented. I move that the Planning Commission recommend denial of the Code Amendment, finding that [state findings for denial]. I move to continue the Code Amendment to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Exhibit A: Eliminating RE-1 Zoning District in the Estes Park Development Code 2. Exhibit B: Eliminating RE-1 Zoning District in the Estes Park Municipal Code 3. Estes Valley Zoning Map, January 2018 4. List of parcels inside Town boundaries measuring 10 acres or more 14 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. 1. RE-1 Rural Estate 21. RE Rural Estate 32. E-1 Estate 43. E Estate 54. R Residential 65. R-1 Residential 76. R-2 Two-Family Residential 87. RM Multi-Family Residential (…) CHAPTER 4. ZONING DISTRICTS § 4.3 - Residential Zoning Districts A. List of Districts/Specific Purposes. 1. RE-1 Rural Estate Zoning District. This district is established to protect and preserve some of the most rural areas of the Estes Valley in which significant view sheds, woodlands, rock outcroppings, ridgelines, other sensitive environmental areas and low-density residential development comprise the predominant land use pattern. This zone implements the "Rural Estate (RE-1)" future land use designation contained in the Comprehensive Plan. The district regulations allow for the development of low-density single-family residential uses, generally at densities no greater than one (1) dwelling unit per ten (10) acres. 15 21. RE Rural Estate Zoning District. This district is established to permit relatively low-density single-family residential development in areas of the Estes Valley where this is the established and predominant land use pattern. This zone implements the "Rural Estate (RE)" future land use designation contained in the Comprehensive Plan. New residential development is encouraged to incorporate rural residential conservation designs, such as clustering and other open space preservation techniques, in order to preserve the existing rural character and limit development in sensitive environmental areas such as steep sloped areas. The regulations contained in this district will permit continued, low-density residential development, generally at densities no greater than one (1) dwelling unit per two and one-half (2.5) acres. 32. E-1 Estate Zoning District. This district is established to preserve the predominantly lower density residential uses that have been established in the Estes Valley. This zone implements the "Estate (E-1)" future land use designation contained in the Comprehensive Plan. The district regulations permit single-family residential uses at densities of one (1) dwelling unit per acre. 43. E Estate Zoning District. This district is established to encourage moderate density single-family residential uses in areas of the Estes Valley convenient to services and the key highway corridors. This zone implements the "Estate (E)" future land use designation contained in the Comprehensive Plan. District regulations are intended to continue the predominant single-family detached use, while providing for additional parks, open space and trail/bikeway linkages to Downtown Estes Park and existing systems whenever possible. District regulations permit single-family residential uses at densities of two (2) dwelling units per acre, with a minimum lot area of one-half (½) acre. 54. R Single-Family Residential Zoning District. This district is established to preserve and encourage relatively high-density single-family residential uses primarily within the Town of Estes Park. This zone implements the "Residential (R)" future land use designation contained in the Comprehensive Plan. District regulations are intended to continue the predominant single-family detached use, while providing for additional open space and trail/bikeway linkages to Downtown Estes Park and existing systems whenever possible. District regulations permit single-family residential uses at densities of four (4) dwelling units per acre, with a minimum lot area of one-quarter (¼) acre. 65. R-1 Single-Family Residential Zoning District. This district is established to provide opportunities for attainable single-family residential development within the Town of Estes Park and in close proximity to services. Accordingly, district regulations will allow densities of up to eight (8) dwelling units per acre, with a minimum lot area of five thousand (5,000) square feet, subject to the attainable housing limitations in §11.4.C of this Code. 16 76. R-2 Two-Family Residential. This district is established to encourage development of relatively denser residential housing, including two-family dwellings (duplexes) as well as single-family detached housing, primarily within the town limits of Estes Park. This zone implements the "Two-Family (R-2)" future land use designation contained in the Comprehensive Plan. District regulations will allow a minimum lot area of eighteen thousand (18,000) square feet for single-family uses and twenty-seven thousand (27,000) square feet for two-family dwellings (duplexes). 87. RM Multi-Family Residential. This district is established to provide opportunities for multi-family residential development. This zone implements the "Multi-Family (MF)" future land use designation contained in the Comprehensive Plan. 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 "S1 or S2" = Permitted by Special Review "—" = Prohibited RE- 1 RE E-1 E R R- 1 R-2 RM RESIDENTIAL USE CLASSIFICATIONS Household Living Single- family dwelling P- P P P P P P 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) 17 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- 1 RE E-1 E R R- 1 R-2 RM Mobile home park — — — — — — — S §5.1I Group Living Facility, Large Senior care facility — — — — — S2 S2 S2 §5.1I 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) S2 S2 S2 S2 S2 S2 S2 S2 §5.1F Family Home Day Care, Large (Ord. 6-06 §1) S2 S2 S2 S2 S2 S2 S2 S2 §5.1F; As accessory to a principal residential use only Government Facilities Public Safety Facilities P P P P P P P P §3.13, Location & Extent Review 18 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- 1 RE E-1 E R R- 1 R-2 RM Trail/Trail Head P P P P P P P P §3.13, Location & Extent Review Utility, Major — — — — — — — — §3.13, Location & Extent Review Utility, Minor P P P P P P P P §3.13, Location & Extent Review; Use shall not include office, repair, storage or production facilities All other Governme nt Facilities P P P P P P P P §3.13, Location & Extent Review Hospital — — — — — — — S2 Park and Recreation Facilities— Public P P P P P P P P §3.13, Location & Extent Review 19 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- 1 RE E-1 E R R- 1 R-2 RM Park and Recreation Facilities— Private S2 S2 S2 S2 S2 S2 S2 S2 §5.1.W, Specific Use Standards Park and Ride Facilities — — — — — P P P Religious Assembly — — — — — — S2 S2 §5.1.O (Ord. 19- 11 §1) Cultural Institutions S2 S2 S2 S2 S2 S2 S2 S2 §5.1.V (Ord. 13- 18 §1(Exh. A)) Schools — — — — — — S2 S2 §3.13, Location & Extent Review (Ord. 19- 11 §1; Ord. 13- 18 §1(Exh. A)) Senior Institutional Living Continuing Care Retirement Facility — — — — S2 S2 S2 S2 §5.1I 20 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- 1 RE E-1 E R R- 1 R-2 RM Congregat e Housing — — — — S2 S2 S2 S2 §5.1.I Skilled Nursing Facility — — — — — — — S2 §5.1.I Transportati on Facility Without Repairs — — — — — P P P §3.13, Location & Extent Review ACCOMMODATION USES Low- Intensity Accommo- dations Bed and Breakfast Inn: 8 and under occupants P P P P P P P P §5.1U Bed and Breakfast Inn: 9 and over occupants S2 S2 S2 S2 S2 S2 S2 P §5.1U Vacation Home: 8 and under occupants P P P P P P P P §5.1B Vacation Home: 9 LV LV LV LV L V L V LV LV §5.1B (Large Vacation 21 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- 1 RE E-1 E R R- 1 R-2 RM and over occupants Home 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 §5.1T Antenna towers, microcells P/S 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 §5.2 "ACCESSORY USES AND ACCESSORY STRUCTURES." TEMPORARY USES; SEE §5.2, "TEMPORARY USES AND STRUCTURES." 22 (Ord 18-01 §13; Ord. 6-06 §1; Ord. 02-10 §1; Ord. 15-11 §1; Ord. 19-11 §1; Ord. 29-16 §1; Ord. 09-17 §1; Ord. 17-17 §1; Ord. 31-17 §1(Exh. A); Ord. 05-18 §1(Exh. A); Ord. 13-18 §1(Exh. A); Ord. 05-19 , §1(Exh. A)) 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. Buildin g Height (ft.) [8] Min. Buildin g Width (ft.) Area (sq ft.) Width (ft.) Front (ft.) Side (ft.) Rea r (ft.) RE-1 1/10 Ac. 10 Ac. 200 50 50 50 30 20 RE 1/2.5 Ac. 2.5 Ac. 200 50 50 50 30 20 E-1 1 1 Ac. [3] 100 25 25 25 30 20 E 2 ½ Ac. [3] 75 25- arterials ; 15- other streets 10 15 30 20 R 4 ¼ Ac 60 25- arterials ; 15- other streets 10 15 30 20 R-1 8 5,000 50 15 10 15 30 20 Formatted Table 23 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. Buildin g Height (ft.) [8] Min. Buildin g Width (ft.) Area (sq ft.) Width (ft.) Front (ft.) Side (ft.) Rea r (ft.) R-2 4 Single- family = 18,000; Duplex = 27,000 60 25- arterials ; 15- other streets 10 10 30 20 RM (Or d. 18-01 §14) Residential Uses: Max = 8 and Min = 3 Senior Institutiona l Living Uses: Max = 24 5,400 sq. ft./unit [6] (Ord. 25- 07 §1; Ord. 15-11 §1; Ord. 24-16 §1; Ord. 20-17 §1) Senior Institution al Living Uses: ½ Ac. 60; Lots Greater than 100,00 0 sq. ft.: 200 25- arterials ; 15- other streets 10 (Ord . 15- 11 §1) 10 30 [9](Ord. 24-16 §1; Ord. 20-17 §1) 20 [5] 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 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. (Ord. 2-02 §1) (2) See Chapter 7, §7.6, for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1) 24 (3) If private wells or septic systems are used, the minimum lot area shall be 2 acres. See also the regulations set forth in §7.12, "Adequate Public Facilities." (4) Reserved. (Ord. 27-17 §1(Exh.)) (5) Minimum building width requirements shall not apply to mobile homes located in a mobile home park. (6) Single-family and duplex developments shall have minimum lot areas of 18,000 s.f. and 27,000 s.f., respectively. (Ord 18-01 §14; Ord. 24-16 §1) (7) All structures shall be set back from public or private roads that serve more than four adjacent or off-site dwellings or lots. The setback shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. The setback shall be the same as the applicable minimum building/structure setback. (Ord. 11-02 §1; Ord. 25-07 §1) (8) See Chapter 1, §1.9.E, which addresses measurement of maximum height of buildings. (Ord. 18-02 §3; Ord. 20- 17 §1) (9) Maximum height for multi-family buildings in the RM Zoning District shall be thirty-eight (38) feet, for developments that comply with the provisions of Sec. 4.3.D.5 (Attainable Housing Incentive) or Sec. 4.3.D.6 (Workforce Housing Incentive) of this Code. (Ord. 20-17 §1) (Ord 18-01 §14; Ord. 2-02 §1; Ord. 2-02 §5; Ord. 11-02 §1; Ord. 25-07 §1; Ord. 15-11 §1; Ord. 24-16 §1; Ord. 20-17 §1) 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) RE-1 30 7.00 acres RE 30 1.75 acres E-1 15 0.85 acres E 15 0.43 acres R 15 0.21 acres Formatted Table 25 Zoning District Minimum Private Open Areas (% of Gross Land Area) Adjusted Minimum Lot Size/Area (Ord. 2- 02 #4) R-1 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 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 RE-1 residential zoning districts shall be adjacent to an arterial street. (…) § 5.2 - ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES (…) 26 B. Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1. Table of Permitted Accessory Uses and Structures. (…) 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 No Yes §5.1.F; §5.1.O; 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 Garages, carports, and Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.d and §7.11 27 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 off-street parking areas used to serve the residents of the property 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 §5.2.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) 28 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 Office (Ord. 20- 18 §1) No No No No No No No S2 §5.2.B.2.i Private greenhouses Yes Yes Yes Yes Yes Yes Yes Yes • Private schools No No No No No No Yes (Ord. 19- 11 §1) Yes As accessory to a permitted religious assembly use only; §5.1.O Satellite dish antennas 39 inches (1 meter) or less 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 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 Yes Yes Yes Yes Yes Yes Yes Yes •Accessory to a principal residential use 29 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 39 inches (1 meter) in diameter 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 CUP §5.2.B.2.h 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 30 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 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 pools/hot tubs Yes Yes Yes Yes Yes Yes Yes Yes (…) 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%. 31 1. Applicability. These density calculation provisions shall apply to all new residential and accommodation development in the Estes Valley, except for the following: a. Single-family residential development on a lot created and approved for such use prior to the effective date of this Code. (Ord. 8-05 #1) b. Development within the RE-1 Zoning District. (Ord. 18-02 #1) 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 Area Adjusted Minimum Lot Area (Square Feet) @ "x"% Slope 15% 20% 25% 30% 35% RE-1 10 acres No Slope Adjustment Required RE 2.5 acres 111,900 116,900 121,900 126,900 131,900 E-1 1 acre 46,560 51,560 56,560 61,560 66,560 E ½ acre 24,780 29,780 34,780 39,780 44,780 R ¼ acre 13,890 18,890 23,890 28,890 33,890 R-1 5,000 sf 8,000 13,000 18,000 23,000 28,000 R-2 (SF) 18,000 sf 21,000 26,000 31,000 36,000 41,000 Formatted Table 32 Zoning District Base Minimum Lot Area Adjusted Minimum Lot Area (Square Feet) @ "x"% Slope 15% 20% 25% 30% 35% R-2 (2-F) 27,000 sf 30,000 35,000 40,000 45,000 50,000 (…) 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 RE-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 RE-1 and 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. 33 b. In all zoning districts, including the RE-1 and RE Zoning Districts, sidewalks on both sides of a street may be required along roads where the EVPC determines there will be significant pedestrian usage. c. In all residential zoning districts, including the RE-1 and 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 RE-1 2.5 acres RE 1.0 acres E-1 0.5 acres Formatted Table 34 (…) 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) RE-1 70% RE 50% E-1 40% Formatted Table 35 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, RE-1, and RM) shall be held at a maximum total ("cap") of 322 licenses in effect at any given time. This cap shall be reviewed annually by the Town Board, in or near the month of April. Applications received at any time such that their approval would cause the cap to be exceeded shall be held and kept on file in the order they are received and deemed complete by the Town Clerk's Office. Applications held on such list (the "waitlist") shall be issued during the calendar year as licenses may become available. (…) Title 17 – Zoning (…) 17.66.130 - Sign regulations in all single-family residential zones (R-1, R, E-1, E, RE, RE-1).   36 CUMULUS DR L A R K S PUR RD C O N C O R D L N BIG HORN DR RAVE N A V E BOYD LN OTIS LN F I R AVE GRAVES AVE R I V E R SI D E D R MOCCASINCIRC L E D R C LAR A D R D A V I S S T FALLRIVERRD UPPE R HIGHDR S U M M I T D R E W O N D E R V I E W A VE VIRGINIA DR E ELKHORN A V E R A M S HORNRD H I L L CREST L N K E R R R D LIT T L E V A L L E Y R D NO B L E L N LITTLEV A L L E Y D R 4THST C O U N T Y R O A D 6 1 HIGH PINE DR WINDCLIFF D R BLUEBIRDLN WINDHAM DR EAGLEROCK D R S U N DA N C E CIR ZIOLACT S U M MI T L N FISH CREEK WA Y N SAINT VRAIN AV E WWONDERVIEWAVE N O B L ELN WILDFIRER D EAGLECLIFFRD DEVON DR C E N TENNIAL D R WI N DHA M L N BLUEBIRD LN DRYGULCHRD R E U N I O N LN LAND E R S AVE HIGH DR L A K E S H O R E D R PROSPECT AVE BI R C H A V E GL ACIER VIEW LN RAMBLING DR NORTH RIDG ELN R A NGEVIEW RD COUNTRY CLUB DR HIGH ST G O L F C O U R SERD CASTLEMOUNTAIN R D W PEAKVIE W D R MANFORDAVE RAINBOWDR HIGHDR CLEAVE ST S T A NL E Y C I R C L E D R PEAK VIEW DR BRODIE AVE P O W E R PLANT KO R A L C T BROOK DR L AKEWOOD CT SPR U CEAVE PINEWOOD LN RIV ERSIDE LN BA I L E Y L N LUMPYRIDGERD C LIFF RD G R I F F I T H C T 3RDST T Y R O L E RNEL N BIGTHOMPSONAVE H B A RGRD MC C R E E R Y L N C H EROK E E D R CHICKADEE LN ELM AVE N O T A IA H R D SPRINGST PA W N E E D R B E A C H L N M I N D ST STONEGATE DR COYOTERUN C A N Y O N R I V E R R D 1STST CIRCLE D R 5T H ST L O N G S T R L COLEMANR D TRAILBLAZERWAY ASPEN DR B RO A D V IEW R D SOUTH LN SUNN Y LN S U N S E T L N LO T T S T SUN R I SE CT D A R C Y D R ASSO CIATIO N DR FAR VIEW LN BAK E R DR B L U E B ELL D R JUNIPER LN HOLID AY LN 2N DST PA W NEE LN RAMSHORNDR SAMPSONCT WILDLIFE L N MORAINE AV E H I G H L A N D L N CHEROKEECT DUNRAVEN ST P R O S P E C T O R L N COMANCHE ST MEEKER DR P I O N E E R L N CH A S M DR PINE LN VE N N ERRANCHR D PONDEROSALN CARING L N SANBORN DR PROSPECT PARKDR ACACIA DR I N D IAN TRL WOODSTOCKDR C Y T E W O RTH R D ASPENVALL E Y R D S A N B O R N D R K A L EY C OT TAG E R D W NOR T H L A K E A V E HONDIUS WAY C O M M U N I T Y D R WILLOW LN PARKVI E W LN PINEMEADOWDR CIRR U S L N J A C O B R D C OLUM B I N E D R M A C CRACKE N LN E A G L E C L I F F D R SSAINTVRAINAVE WHISPERINGPINESDR L O W E R B R O A D V I E W AV A L O N D R MILLSDR MILLSDR COOKOUT W A Y C R AGSDR CR A G S D R E A G LE C L I FF CI R CLE D R E L M R D MOSSROCKDR ROCKRIDGERD JUNIPERDR U PLAND S CIR UPLANDSCIR STANLEY CIRCLEDR POWELLY LN LA U R E L L N CREEKSID E C T F I S H C R E E KRD L A R K S P U R AV E HUMMINGBIRDDR C U R R Y L N NORTH LN PINE KNOLL DR P I NEKNOLL D R SW S T E A M E R P K WY A U D U B O N ST FALLRIV ERLN SUTTON LN POND E R O S A DR OV E R L OOKC T BEL L E VUE DR H I G H W A Y 6 6 HIGHWAY66 CH A S M D R L O R Y L N M C G R A W R A N C H RD PUMADR PUMA DR ASPENA V E ASPEN AVE F ISH HATCHERYRD MESA D R MESADR WIND RIV E RTRL K I OWA DR KIOWADRMOUNTAINSIDEDR J U N G F R A U T R L R O C K CANYONRD CIRCLED R CIRCLE D R E V E R G REENLN LONGS DR SE R E NITY L N R I D G E R D RIDGERD S A D D L E B A C K L N ASSOCIA TIONDR JOELES T E SDR T A N A G ER RD FAIRW A YCLUB CIR WELKHORN AVE P U Z ZLEG RASS C I R TRAN Q U I L L N M O R AI N E A V E MO R A I N E A V E B I G H O R N TRL U T E LN U T E LNCLIFFLN PTARMIG A N T R L P T A R M I G AN T RL RA V E N C I R RAVEN CIR HIGHWAY 7 FLOWERLN DAVIDDR W I N D H A M C T D U N RAV E NLN D O LL A R L A K E D R M O O N TRAILWAY B L A C KSQUIRRELDR FAITHWAY T U N N E L R D TUNNE L R D W I L D W O O D D R SLEEPYHOLLOWRD GAILLAR D I A RD BA K ERDR FA M IL Y LN S A I N TFRA NC I SWAY VI S T A VIEW L L O YD LN SPIRIT L N DEER PA T H C T CARYSPL SI L V E R T R E E L N PINEWOOD LN SOLOM O N DR HIGH A C R ES DR SU N N Y MEAD LN M O O N R I D G E R D RANCH CIR M E A DOW CI R DEKKERC IR OURAYDR CEDAR LN HAYBARN HILL RD ASPEN G L ENCA M P G R OUN D RD L I T TLEBEA V E R D R H E R M IT PAR K RD H E R MIT PA RKRD RIVERSIDE DR HUMMING B I R D LN CENTER LN NIMBUS DR UPPER HIGH DR IVY ST ELK ISLAND WAY DR I F T W O O D A V E UPPER VENNER RD WOODLAND CT BR A E S I D E L N CANYON COVE LN MOC C A S I N PIN E C O N E W A Y MOUNTAINSIDE DR UT E C T EVE R G R E E N POIN T R D UPPER LARKSPUR RD EA G L E L N BI R D I E L N BLUE S P R U C E D R CO L U M B I N E A V E FAWN CT C T THU N D E R L N PA R L N ROCK CANYON RD ROC K W O O D CIR VA I L C T B A K E R D R STE A M E R CT TIMBERMOUNTAIN LN MOU N T A I N VIEW C T GRAY HAWK CT WILLOWSTONE DR C R E S T V I E W C T LOOK O U T S T LO W E R CO O K O U T FA I R W A Y C L U B L N CONIFER LN ASPEN BRAN C H C T MO U N T A I N VI E W L N PR O S P E C T ES T A T E S C T P O N D E R O S A D R EA S T L N CA M E L O T C T WALLACE LN BI E R S T A D T L N BR O O K C T SUN R I S E C T WA P I T I PL F E R N O D E S S A L N WILLO W S T O N E CT AVAL O N DR STEELE CT PI K A L N WAPITI CIR WI L D W O O D L N RESPONSIBILITY DR MON I D A C T BIRC H A V E F A I R W A Y L N GI A N T T R A C K R D BROOK DR JUNC O L N SU M M E R S E T LN LAUREL LN EL K ME A D O W CT KI N N I K I N N I C C T BROOK LN SKYLINE D R MIDDLE HIGH DR UNIVERSITY DR TA N A G E R R D RANG E VIEW C T KENDALL DR L A W N L N P E C K L N TURQ U O I S E T R L BLUE MIST LN DALL M A N DR PROSPECT PARK DR WI L L O W C T EL K RI D G E CT STAGELINE RD HA L L E T T HE I G H T S D R N S H A R O N C T OUTPOST LN SIOUX C T WES T O N LN SUNRISE LN RAVEN CT FALCON LN SU T T O N L N WIL D E R N E S S LN PR O S P E C T V I L L A G E D R WESTVIEW LN KAL E Y COT T A G E R D E KE R R R D COLUMBINE AVE TW I N D R GIANT TRACK RD SAINT VRAIN LN SP U R L N BRADL E Y L N BU C K A R O O CT N MO R R I S C T S SH A R O N C T R O C K W O O D LN S CLOVER LN MISTY MANOR DR HIGHW A Y 3 6 S MO R R I S C T NORT H C T SO U T H C T ASPE N TREE D R S C R A B B I T W A Y CRA G S C T FIL B E Y C T RE S P E C T L N HONDIUS CT DOLLAR LAKE DR BROADVIEW LN BO D Y D R G R E E N P I N E C T 6TH GREEN LN S SA I N T VRAI N A V E KALLENBERG DR ROCKWOOD LN E DEL LN SHADOWMOUNTAIN C T CT RID G E VIEW L N RO C K W O O D L N W EA G L E C L I F F L N SIERRA SAGE LN G O V E R N O R S L N PRO M O N T O R Y DR AS P E N L N DR CHAL E T RIDG E C T SLE E P Y H O L L O W C T L A K O T A C T HA L B A C H L N D R RIVERRO C K CIR OL Y M P U S L N E ASPENCLIFF CT GEM L A K E T R L GLACIER DR CA R R I A G E D R HIGH VISTA DR S S A I N T V R A I N A V E HIGH VISTA LN CEDAR RIDGE C I R SU N N Y AC R E S C T BERTHOUD DALE LN P I N E R I V E R L N SH A D Y L N PAR K L N PROSPECT HIGHLANDS RD MCGRAW RANCH RD M A C G R E G O R A V E UTILI T Y D R DRIPPING SPRINGS LN R A M S H O R N R D C H A S E PINE RIVER CT HIGH PINE S D R OL Y M P U S L N W RO C K W O O D LN N BERTHOUD DALE LN S T A R W A Y HOT SPUR LN R I D G E L N UP P E R HI G H D R TH U N D E R MO U N T A I N L N PARK RIVER P L C H R I S T M A S TR E E L N OLYMPIAN LN FIN D L E Y CT H O M E S T E A D LN SUMMERSETCT OLD M A N M O UNTAINLN VIRGINIALN VIRGINIAD R NSAINTVRAINAVE STAN L E Y A V E WIE S T D R COURTNE Y LN V A LLEY VIE W RD FALL RI V E R C T F A L L RIVER D R BL U E SPRUCEDR UPPERHIG H DR TANAGER RD LARKS P U R R D M ILL S L N A L P INE C I R HI G H W A Y 6 6 CHIEFS HEAD RD PTA R M I G A N L N L O C H VALE YPSILON LN N A R CISSUS D R A V A LN MA R M O T DR LA U RELL N CHAR-FALL RIV E RC T D E E R M O UNTAIN M A RI GOLD LN F A R V I E W D R O L D R A N G E R D R KEN W O OD L N IVY L N FRIE N D S HIPLN M INERAL RD EAGLECLIFFDR W IN D CLIF F D R TE R R A C E L N CLIFF RD A S P E N K N O L L DR S I L VE R WINDCIR R O C KLNFELLOWSHIP B EAR L A KE R D S N U G G LERS C O V E DR F L O W E R CIR MESAD RLONGHOUSEWAY C E D A R C L I F F DR Z E R M A T T T R L E I G ER TRL N IMBUS D R T E DDYS TEE T H D R DORSE Y D R B I G H O R N TRL SI LVERSAGE CTM A RIPOSACT S AIN T M O R IT Z T R L SUTTON LN CUL V E R R D S HADCT W PRO SPECT MOUN T AINRD PROSP E C T MOU N T AINDR PR O S P E C T M O U N T AIN C T M A R Y S L A KERD ACA C I A D R BAL D PATECT LO N G V I E W D R F I S H C R E E K R D PON D E R O S A A V E WHISPERIN G PI N E S D R ARAPAH O R D BRISTL E C O N E C T U P L A N D S C I R FISH CREEKRD GR A H A M L N JOHNSE N L N W IN D H A M D R SK E T C H B O X LN MATTHEW CIR CO M M U N I T Y D R P R O S PEC T M O U NTAIN RD VIL L A G E G REENLN MORGAN ST VALLEY RD JAME S S T M A R Y S L A K E RD HIL L R D ME A D O W L N RIVERSIDE DR HI G H VI S T A LN M I D D L E BROA D V I E W ST R O N G A V E HOND I U S CIR MA C G R E G O R L N CR A B - LO N E P I N E D R AP P L E LN R ED TAIL HAW K D R PTARMIGAN L N KIO W A T R A I L PINE W OOD S C O T T AVE PROSPECT ESTATES CT E L K HOL L O W C T R A N GEVIEW RD GRA N I TELN M U M M Y L N CHIQUITAL N CHAPIN L N C H A P IN L N BIGHORNDR BIG H O R N D R F R E E L A N D EL K T R AILCT VISTA L N PONDEROSA DR DANDIEWAY BLUEVALLEYDR FISH CREEK RD ROCKWOOD LN R O C K W O O D L N BR O A D V I E W L N KIOWA C T GR E Y F O X D R RAMBLING D R R OCKWELLST W R I V E RSIDEDR ST FAWN LN E R IVER S I 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kGlacierCreek B lackCanyon C r eek B i g Thom p s onRiver FallRiver Fish Cre e k Beaver Brook Aspen Brook Fall River F ish C r eek Bi g ThompsonRiv e r FallRiver LAKEESTES MARYSLAKE LILYLAKE A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 A-1 CD CD CD CD CD CH CH CH E E E E E E E E E E E EE E E EE EE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E I-1 I-1 I-1 I-1 R R R R R R R R R R R R R R R R-1 R-1 R-1 R-1 RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 RE-1 CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2 R-2R-2 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 E-1 O O O O O O RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RM RMRM RM RM RM RM RM RM RM £¤36 £¤34 £¤36 £¤34 £¤34 £¤36 UV7 UV66 Important Disclaimer: This map shall be used to identify the boundaries of the zoning districts shown hereon. These boundaries followproperty boundaries as delineated on this map. This map shall not be used to:Establish specific legal lots lots of record, or individual parcel boundaries; orEstablish property descriptions for legal conveyance of parcels of land. Individual property boundaries are subject to frequent change, and recent changes may not be reflected on this map. Larimer County and the Town of Estes Park cannot anticipate and do not assume responsibility or liability forsubsequent, secondary use of this map. No representation or warranty is made as to the completeness or accuracy of this map for any use other thanthe intended use of identifying zoning district boundaries. Estes ValleyOfficial Zoning Map Printed: 4/7/2018 0 0.25 0.5 Miles Multi-Family Residental Two Family: 27,000 sqft min. (R-2) Multi-Family: 3-8 du/acre (RM)Commercial Commercial Outlying (CO) Commercial Downtown (CD) Commercial Heavy (CH) Office (O) Single Family Residental Rural Estate: 10 acre min. (RE-1) Rural Estate: 2 1/2 acre min. (RE) Estate: 1 acre min. (E-1) Estate: 1/2 acre min. (E) Residential: 1/4 acre min. (R) Residential: 5000 sqft min. (R-1)Adopted Nov. 3, 1999 Revised Jan 8, 2018 Accomodations Accomodations (A-1) Estes Valley Development Code (EVDC) Boundary Town Boundary Planned Unit Development Existing Open SpacePrivatePublic Industrial Restricted Industrial (I-1) Stanley History District Accomodations (A)[ File: Zoning42x53.mxd 37 Attachment 4 Address Zoning Acres Comments 1. 650 Elk Trail Ct. E-1 10.5 Town-owned open space 2. 555 Prospect Ave. RM 10.5 Estes Park Health (hospital) 3. 1501 David Dr. RM 12.3 privately owned 4. 465 W. Wonderview Ave. E-1 12.4 'Rockside LLP' 5. 961 Old Ranger Rd. RE 16.0 privately owned 6. 1901 Ptarmigan Tr. RM 17.5 Good Samaritan Society 7. 1950 Fall River Rd. E-1 33.0 privately owned 1. 640 Elm Rd. I-1 10.3 Town (landfill, recycle) 2. 1050 Marys Lake Rd. A 10.5 Spruce Lake RV Park 3. 189 Twin Owls Ln. A 13.1 Black Canyon Inn 4. 451 E. Wonderview Ave. CO 13.9 Stanley Village S.C. 5. 3501 Fall River Rd. A 14.4 Della Terra 6. 1260 Fall River Rd. A 16.8 Streamside 7. 380 Community Dr. CO 17.0 Community Center EVRPD 8. 1001 N. Saint Vrain Ave. CO 17.3 FED - Bur. of Reclamation 9. 600 W. Elkhorn Ave. CO 22.0 Elkhorn Lodge 10. 370 Fish Creek Rd. CO 27.7 FED - Bur. of Reclamation 11. 1520 Fall River Rd. A 28.9 Castle Mtn. Lodge 12. 1665 Highway 66 A 30.7 Elk Meadow RV Park 13. 333-A E. Wonderview Ave. A 34.4 Stanley Hotel Lot 1 campus 14. 2225 Fall River Rd. A-1 35.0 privately owned 15. 1601 Brodie Ave. CO 37.0 Estes Park R-3 School District 16. 400 N. Saint Vrain Ave. CO 39.8 FED - Bur. of Reclamation 17. 1600 Fish Hatchery Rd. A 42.1 Harmony Foundation 18. 220 4th St. CO 49.0 Fairgrounds 19. 1754 Fish Hatchery Rd. A-1 75.5 Town owned tract 20. 1480 Golf Course Rd. CO 181.0 EP Golf Course 38 39 COMMUNITY DEVELOPMENT Memo To: Honorable Matt Comstock, Chair Estes Park Planning Commission From: Jessica Garner, AICP, Community Development Director Date: June 21, 2022 Application: Request to Rezone Parcel 3522400923 from RE-1 (Rural Estate) to R-2 (Two-Family Residential) Zoning District Recommendation: Staff recommends the Planning Commission approve the Rezoning request, subject to the findings described in the staff report. Land Use: Comprehensive Plan Designation: (Future Land Use) Public Zoning District: RE-1 Site Area: 4.07 Acres (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to review a Town-initiated Code Amendment (Rezoning) from the RE-1 (Rural Estate) Zoning District to R-2 (Two-Family Residential) Zoning District, review the request for compliance with the Estes Valley Comprehensive Plan and Estes Park Development Code (EPDC), and recommend approval to the Town Board. Location: The subject property, addressed as 800 Castle Mountain Road, Parcel #3522400923, is located north of Castle Mountain Road. Background: The RE-1 Zoning District is a low-density, large-lot residential zoning district with a very small presence in Estes Park. Only three parcels are zoned RE-1 in Town, and none of them are developed for single-family use. Of the three parcels zoned RE-1, two are 40 2 owned and managed by the National Park Service, which is petitioning to disconnect the parcels from Estes Park. The one remaining westernmost parcel above the Castle Mountain Road cul-de-sac is owned by the Town of Estes Park, and is the site of a large water tank. The Zone District’s creation pre-dates the Joint Planning Area and the adoption of the former Estes Valley Development Code (EVDC) in Nov. 1999, and the wholesale Valley-wide rezoning that accompanied those changes. Although the history is unclear, staff has anecdotal evidence that the Zoning District was originally created by Larimer County in the early- to mid-1990s – pre-dating the EVDC, although not by many years. Before Nov. 1999, RE-1 zoning only applied to land in unincorporated Larimer County, as the Town had no RE-1 or equivalent Zoning District. Staff has also submitted a request to amend the Estes Park Development Code to eliminate the RE-1 Zoning District, which affects the three parcels mentioned above. Since The National Park Service is petitioning to disconnect the two parcels (and an additional parcel not associated with this request) from the Town, the only affected parcel is Parcel 3522400923, which if approved, would be zoned as R-2 to reflect the adjacent parcel zoning designations. Project Description: Staff is seeking approval to rezone the RE-1-zoned parcel to R-2. The purpose for rezoning the parcel is also detailed in the accompanying staff request for a Code Amendment to eliminate the RE-1 Zone District, and staff requests to change the zoning of the Town-owned parcel from RE-1 to R-2 to remove the defunct Zoning designation and reflect the surrounding zoning of the adjacent parcels. An additional rationale for the rezone request pertains to the acreage of the parcel, which does not meet the development standards for RE-1 currently. RE-1-zoned sites require a maximum of one unit per ten acres, and the site acreage is 4.07 acres, which falls below the minimum threshold for development. The Town has no stated intention to redevelop the parcel, and anticipates the site being used indefinitely for water storage. 41 3 Location and Context: Map 1 Project Location Table 1: Zoning and Land Use Summary Comprehensive Plan Zone Uses Parcel 3522400923 Public (INS) RE-1 (Rural Estate) Water Storage North Parks, Recreation, Open Space Federal Land (N/A) RMNP South Residential R-2 (Two-Family Residential) Residential East Rural Estate RE-1 (Rural Estate) RMNP West Rural Estate R-2 (Two-Family Residential) Residential 42 4 Project Analysis: The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for Review). All applications for Town-Initiated Code Amendments (Rezonings) shall be reviewed by the Estes Park Planning Commission and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of the EPDC. In accordance with Section 3.3.D. “Standards for Review”, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria as follows: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Finding: Affirmative. Staff recommends the Planning Commission and Town Board eliminate the RE-1 Zoning District from the EPDC, and if approved, this parcel will require a new Zoning designation to complement the surrounding parcels, which is R-2. 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 the existing growth and development patterns in the Estes Valley. Staff Finding: Not applicable. The development plan for this application has been waived as there are no changes in use or intensity of use to the site being proposed with this application. Staff has routinely waived this requirement in recent years, per authority of EPDC §3.3.B.1. 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. Staff Finding: Affirmative. Staff finds that the Town maintains the ability to provide adequate services and facilities to this location, and comments received from affected agencies indicate no concern with the proposal, including the Utilities Department. Reviewing Agency Comments: Staff consulted with the Town Utilities Department regarding the proposed amendment. The Town has no other identified uses for its property, aside from the storage tank. Water tanks and similar utility infrastructure are an allowed use by right in all zoning districts. Based on discussions with the Town Utilities Dept., the Town-owned parcel is not likely to redevelop, and if this changes, the Zoning designation will mirror adjacent parcels (R-2). No objection or concern about zoning changes to the remaining one parcel has been noted. 43 5 Advantages: • Generally complies with the EPDC §3.3.D Code Amendments, Standards for Review. • Rezones a parcel to align with adjacent surroundings and to remove a Zoning designation that will no longer be in effect, if approved. • Provides for the opportunity to simplify the Development Code and rezone the Town- owned parcel to a more complementary designation in the area. Disadvantages: • There may be the impression that “it’s not broken, so why fix it?” Staff would suggest that waiting until something breaks, and then trying to fix it, isn’t good planning. If the Code Amendment request is approved, there is no RE-1 Zone District, and this site will require a new Zoning designation. Action Recommended: Staff recommends approval of the Rezoning request as proposed. Public Comment/Outreach: Staff held an online neighborhood meeting via Zoom on Monday, November 1, 2021. To review the meeting recording, please use this link: https://drive.google.com/file/d/1- Z__boustY8jeDK0zHB63Rhz5i57GJJ_/view?usp=sharing The meeting was attended by seven community members, and questions ranged from the use of the Town-owned parcel and if it would change, and if the National Park Service had plans for their parcels, which the NPS does not have plans to develop, but in the current circumstances, they are not required to comply with local codes and regulations. A question was posed about how people would be notified about the RMNP disconnection when it goes to the Town Board for review, and the sites will be posted with a sign, along with a notification to adjacent property owners, on the Town’s website, and in the newspaper. Staff provided public notice of the application in accordance with Town and State public noticing requirements. As of the time of writing this report no other public inquiries were received aside from the inquiries during the neighborhood meeting, noted above. • Legal notice was published in the Estes Park Trail-Gazette on June 3, 2022. • Information was posted on the Town’s “Code Amendments” webpage as of June 3, 2022. Sample Motion: I move that the Planning Commission recommend approval of the Rezoning request in accordance with the findings as presented. I move that the Planning Commission recommend denial of the Rezoning request, finding that [state findings for denial]. 44 6 I move to continue the Rezoning request to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Exhibit A: Zoning Map 2. Water Division email 3. Exhibit C: Photos of Public Notice Signs 45 46 Re: Rezoning Castle Mtn. water tank property to R-2 Inbox Chris Eshelman 4:07 PM (11 minutes ago) Repl y to all to me, Reuben, Steven, Travis, Jessica, Planning Hi Randy, The Water Division has no issues with the zoning change. At this time, we have no plans to develop for a different use. Please let me know if you have any further questions. Chris On Wed, Sep 29, 2021 at 8:51 AM Randy Hunt <rhunt@estes.org> wrote: Reuben, Steve, Chris, As noted last week, Planning Commission has asked that we move ahead on eliminating the RE-1 Zoning District. Doing so would be we have to rezone the water tank property to another zoning district, since we can't legally have property zoned for a district that doesn't exist. The water tank site is the only Town property affected. The other two parcels on the attached map are National Park; we're working with them on rezoning for those. All Estes Park zoning districts allow utility infrastructure, so in one sense the choice doesn't matter. Other things equal, it's a best practice to have zoning districts match the zoning around them and nearby. The map shows adjacent properties in Town are all zoned R-2 (Two Family Residential.) Rezoning the tank property would not change any existing land-use permissions for the property or structure, and wouldn't involve any changes on the ground. Do you have any concerns if the tank property is rezoned to R-2? If no concerns, could one of you please email planning@estes.org with a statement that Utilities / Water Division has no objection to this rezoning? I would say it's also helpful if you can state in the email that Utilities has no plans to develop the property for two-family residential use. That will help calm community concerns if any emerge. We're looking at holding a neighborhood meeting in early November, and we'll invite you to attend. The Planning Commission public hearing is expected on Nov. 16, and Town Board will hold a final hearing later - the Dec. 14 TB seems to be a likely date. 47 None of these would be mandatory attendance, but I think it wouldn't be a bad idea, especially the neighborhood meeting. We're happy to answer any questions or discuss further as you wish. Thanks, RAH ----- Randy Hunt Community Development Director Town of Estes Park 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 direct: 970-577-3719 (working remotely; email is preferred) main: 970-577-3721 email: rhunt@estes.org http://www.estes.org -- Chris Eshelman Water Superintendent, Town of Estes Park 970-577-3630 ceshelman@estes.org 48 49