HomeMy WebLinkAboutMEMO Statement of Zoning 3501 Fall River Rd 2022-12-05
Community Development
Memo
To: Jackie Williamson, Town Clerk
From: Kara Washam, Planner I
Date: December 5, 2022
RE: Statement of Zoning 3501 Fall River Rd, Estes Park
(Della Terra Mountain Chateau)
______________________________________________________________________________
Site Address: 3501 Fall River Road
Parcel Number: Larimer Co. #3516000002
Zoning Code: A- Accommodations/Hwy Corridor Zoning District (attached)
Cert. of Occupancy: B-8445 Issued 2009-07-01 (attached)
B-9330 Issued 2013-10-03 (attached)
Special Use Permits: None known
Variances: None known
Open Code Violations: None known
Conforming Use: The property is a legal conforming use
Staff Analysis: The above referenced property is zoned A. This district
implements the "A-Accommodations" land use category set
forth in the Comprehensive Plan. It applies primarily in
highway-oriented commercial areas of the Estes Valley, and
allows a wide variety of accommodation uses, including
relatively higher-intensity accommodations such as multi-
story hotels and motels. Permitted uses are outlined in the
Estes Park Development Code under § 4.4 - Nonresidential
Zoning Districts. The existing use of the property is Della Terra
Mountain Chateau-- a luxury, boutique inn and wedding
venue. Staff confirms this is a permitted use.
Page 1
§ 4.4 Nonresidential Zoning Districts
A. List of Districts/Specific Purposes.
1. Accommodations Zoning Districts.
a. A Accommodations/Highway Corridor Zoning District . This district implements the "A-
Accommodations" land use category set forth in the Comprehensive Plan. It applies primarily in
highway-oriented commercial areas of the Estes Valley, and allows a wide variety of
accommodation uses, including relatively higher-intensity accommodations such as multi-story
hotels and motels. A variety of related tourist-serving retail and commercial uses, such as
restaurants, bars and gift shops, will be permitted, but only as accessory uses to a principal
accommodations use and only if such supporting uses are located inside the same structure as
the principal use. Stand-alone commercial or retail uses will not be permitted in this
accommodations district; instead, such uses may be developed in the other commercial zones.
b. A-1 Accommodations/Low-Intensity Zoning District . This district implements the "A-1-
Accommodations" land use category set forth in the Comprehensive Plan. This district provides
for low-intensity and small-scale residential uses, low-intensity accommodations and very limited
accessory uses located along highway and roadway corridors characterized by low-intensity
residential and lodging uses, including resort lodges, cabins and condominium developments.
Aside from these limited residential and accommodation uses, no new commercial development
shall be permitted in this district. New uses, including new accommodations, shall be developed
consistent in intensity, bulk and design with the low-scale, residential character of this district.
2. Commercial Zoning Districts.
a. CD Downtown Commercial . This zone district is established to provide a wide variety and
relatively high intensity of retail and commercial services within Downtown Estes Park to serve
both residents and visitors. The CD District implements the "CBD-Commercial Downtown" land
use category set forth in the Comprehensive Plan. This district is intended to encourage a
predominance of compact and pedestrian-scale retail, service and office uses in the Downtown
core. Residential uses, especially employee housing or when mixed with commercial or retail
uses, are also encouraged within the district to provide alternative housing choices for the
Valley's workforce.
It is the intent that the Downtown maintain its function as the Valley's focal point of tourist
shopping and entertainment activity. This area is also a key economic engine for the Town of
Estes Park and the Valley; therefore, future sales-tax generating uses are strongly encouraged.
;b03; It is also the intent of this district that new development develop in ways integrating and
even enhancing the qualities of the streams, rivers, topography and other natural assets of the
area.
b. CO Outlying Commercial Zoning District . This zoning district is established to encourage the
development of a wide variety of commercial and retail uses along the major corridor entryways
into the Valley and the Town of Estes Park. This zoning district is established to implement the
"Commercial" and "Commercial-Recreation" future land use categories recommended in the
Comprehensive Plan. This district should accommodate the majority of the larger, freestanding
commercial and retail buildings to meet future demand in the community.
c. O Office Zoning District . This zoning district is established to implement the "Office" future land
use category recommended in the Comprehensive Plan. The intensity of future office
development will be controlled through district standards.
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(Ord. 27-17 §1(Exh.))
d. CH Heavy Commercial Zoning District . This zoning district is intended to provide for heavy
commercial uses, including vehicle repair services, construction trades and bulk goods retailing. It
shall be limited to areas within the Estes Valley that already contain some of these types of heavy
commercial uses, and shall not include areas fronting the Valley's highways or arterial streets.
Permitted uses shall include utility facilities and installations, repair services, bulk storage and
limited manufacturing. Most of these uses shall be permitted by right, but subject to specific size
limitations. Larger facilities shall be subject to special review.
3. Industrial Zoning Districts.
a. I-1 Restricted Industrial Zoning District . This zoning district implements the "Restricted
Industrial" land use category recommended in the Comprehensive Plan. Permitted uses shall
include a relatively wide variety of industrial uses, as reflected in the existing mix of industrial
land uses, including several concrete/asphalt plants, propane distributors, construction trade
yards and gravel mining and crushing facilities. However, to discourage future conflicts,
residential uses shall not be permitted in this zoning district. An important element of
development in this industrial zone district shall be compliance with performance standards to
protect adjacent uses from adverse impacts of industrial development.
B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Table 4-4
Permitted Uses: Nonresidential Zoning Districts
Use Classification Specific Use Nonresidential Zoning Districts Additional
Regulations
"P" = Permitted by Right
(Apply in All
"S1 or S2" = Permitted by Special Review
Districts
"CUP" = Permitted by Conditional Use
Unless
Permit
Otherwise
"" = Prohibited
Stated)
A A-1 CD CO O CH I-1
RESIDENTIAL USE CLASSIFICATIONS
Household Single-family P P P P
Living(Ord. 15-11 dwelling shall not be
§1) located on the
ground floor of a
building having
frontage on
Elkhorn Avenue
shall not be
located on the
ground floor of a
building
Two-family P P P In CD, such use
dwelling shall not be
located on the
ground floor of a
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building having
frontage on
Elkhorn Avenue
Multi-family P P P In A-1, no more
dwelling than 4 dwelling
units per multi-
family structure
In CD, such use
shall not be
located on the
ground floor of a
building having
frontage on
Elkhorn Avenue
Mobile home S2 §5.1.K
park
Group Living Treatment P P §5.1.I
Facility, Large Facility
Group Living P P P P §5.1.I
Facility, Small In CD, such use
shall not be
located on the
ground floor of a
building having
frontage on
Elkhorn Avenue
INSTITUTIONAL, CIVIC & PUBLIC USES
Civic, Social, or P P (Ord 19-11 §1)
Fraternal
Membership
Clubs, Lodges, or
Associations
Cultural P P P P
Institutions
Day Care P S2 S1 P P P P
Center(Ord. 6-06
§1)
Emergency S1 P S1 S1 S1 §5.1.H
Health Care In CD, such use
shall not be
located on
Elkhorn Avenue
Event Facility S1 P
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Family Home P S2 S1 §5.1.F
Day Care, Large §5.2.B.2.d Home
(Ord. 6-06 §1) Occupation
As accessory to a
principal
residential use
only
Government Public Safety P P P P P P P In CD, such use
Facilities Facilities shall not be
located on
Elkhorn Avenue;
§3, 13, Location
& Extent Review
Trail/Trail Head P P P P P P P §3.13, Location
& Extent Review
Utility, Major S1 S1 S1 §5.1.L; All
structures shall
be located at
least 200 feet
away from a
residential zone
district
boundary;
§3.13, Location
& Extent Review
Utility, Minor P P P P P P P §3.13, Location
& Extent Review
All Other P P P P P P P §3.13, Location
Government & Extent Review
Facilities
Government P P P P P P P §3.13, Location
Offices & Extent Review
Maintenance P P §5.1.L
and Service
Facilities
Park and P P P P P §3.13, Location
Recreation & Extent Review
FacilitiesPublic
Park and P P P P P §5.1.W, Specific
Recreation Use Standards
Facilities
Private
Park and Ride P P P P P P P §3.13, Location
Facilities & Extent Review
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(Supp. No. 21, Update 1)
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Religious P P §5.1.O
Assembly (Ord.
19-11 §1)
Schools, Non-S2 S2 S2 S2 S2 S2
Public
Schools, Public P P P P P P P Any Public
School shall
comply with all
applicable
requirements
per Colorado
Revised Statutes
Senior Continuing care S1 §5.1.I
Institutional retirement facility
Living
Congregate S1 §5.1.I
housing
Skilled nursing §5.1.I
facility
Transportation P P P §3.13, Location
Facility Without & Extent Review
Repairs
ACCOMMODATION USES
Low-Intensity Bed and P P P §5.1.B. In CD,
Accom- breakfast inns such use shall
modations not be located
on the ground
floor of a
building fronting
on Elkhorn
Avenue
Hotel, Small P P In CD, such use
shall not be
located on the
ground floor of a
building fronting
on Elkhorn
Avenue.
Vacation Home P P P P §5.1.B. In CD,
such use shall
not be located
on the ground
floor of a
building fronting
on Elkhorn
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Avenue. (Ord.
02-10 §1)
Resort P (Ord. 19-10 §1)
lodge/cabins,
low-intensity
High-Intensity Hostel P P In CD, such use
Accommodations shall not be
located on the
ground floor of a
building fronting
on Elkhorn
Avenue.
Hotel/Motel P P §5.1.J. In CD,
such use shall
not be located
on the ground
floor of a
building fronting
on Elkhorn
Avenue.
Recreational S2 §7.15
vehicle
park/campground
Resort P §5.1.P
lodge/cabins
COMMERCIAL/RETAIL USES
Adult Businesses S1 §5.1.A
Animal Animal Boarding P P
Sales/Services
Animal Grooming P P In CD, such use:
Permitted as
an accessory use
only;
Shall not
exceed two (2)
animals at any
time; and
Shall not
include animal
boarding at any
time.
(Ord. 06-15 §1,
Exh. A)
Animal Hospital P P
Animal Retail P
Sales
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Animal P P P §5.1.L
Shows/Sales
Veterinary Office P
Artist Studio P P P P P P P
Bank or Other P P P In CD, no drive-
Financial through service
Institution shall have access
from Elkhorn
Avenue
Building P P P §5.1.L
Materials/
Services
Business Services P P P P
Catering Service P P P
Commercial P P
Laundry
Construction P P §5.1.D; §5.1.L
Storage Yard
Eating/Drinking Bar/tavern P P P P P §5.1.G
Establishments
Brewpub P P P P P §5.1.G
In the A district:
Permitted as
accessory to an
accommodations
use only (Ord.
13-14 §1)
Microbrewery/ P P P P P §5.1.G
micro- distillery/ In the A district:
microwinery Permitted as
accessory to an
accommodations
use only (Ord.
13-14 §1)
Restaurant P P P P P P §5.1.G
Tasting/tap room P P P P P §5.1.G
In the A district:
Permitted as
accessory to an
accommodations
use only (Ord.
13-14 §1)
With outdoor P P P P P P §5.1.G and
seating or food §5.1.M
service
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With drive- P P P §5.1.G
through service
Food/Beverage Convenience P P P P §5.1.E
Sales stores In CD, no drive-
through service
shall have access
from Elkhorn
Avenue
Convenience P S1 S1 §5.1.E and
store with fuel §5.1.Q
sales
Convenience P P P P §5.1.E and
store with §5.1.M
outdoor seating In CD, no drive-
or food service through service
shall have access
from Elkhorn
Avenue
Grocery store P §5.1.L
Liquor store P P In CD, no drive-
through service
shall have access
from Elkhorn
Avenue
All other P P In CD, no drive-
through service
shall have access
from Elkhorn
Avenue
Funeral or P P P
Interment
Services
Laboratory P P P P P In CD, such use
shall not be
located on
Elkhorn Avenue
Maintenance/ P P P §5.1.L
Repair Service
Office P P P
Outdoor Sales S1 P P §§5.1.L and 7.13
(Ord. 10-00 §2)
Personal Services P P P P P P In the A district:
accessory to an
accommodations
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use only; and
located within
the same
structure as a
permitted
accommodations
use.
Plant Nurseries P P P §5.1.L
Retail Retail S1 P §5.1.L; In CD, no
Establishments establishments, drive-through
large service shall
have access from
Elkhorn Avenue
All other retail P P P P §5.1.L;
In the CH and I-1
districts:
of products
manufactured or
produced on the
subject
premises; and
15% of the
principal
building(s)' gross
floor area shall
be devoted to
retail sales.
In CD, no drive-
through service
shall have access
from Elkhorn
Avenue
Self-Service S1 P/S1 P/S1 In CO, not
Mini-Storage allowed on lots
abutting an
arterial street or
highway
If such use in CH
or I-1 contains
more than
20,000 sq. ft. of
gross floor area,
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it shall be
subject to
Special Review
Sightseeing/Tour S2 S2 S2
Vehicle Facility
(Ord. 14-18
§1(Exh. A)
Vehicle Services, Car wash P P P §5.1.Q
Limited
Quick lubrication P P P §5.1.Q
services
Service station P P P §5.1.Q; §5.1.L
Vehicle/ Automobile P P P In A, only as part
Equipment Sales rentals of a hotel or
& Services motel use
Commercial P P P In CD, such use
parking facility shall not be
permitted to
locate on
Elkhorn Avenue
Limited P P P §5.1.R
equipment
rentals
Vehicle/ P P P §5.1.L
equipment repair
Vehicle/ S1 S1 S1 §5.1.R; §5.1.L
equipment sales
and rentals
Vehicle storage P S1 §5.1.L
Wireless Base Stations, P P P P P P P Ch. 14 Wireless
Communication Alternative Tower Communication
Facilities Structures, Facilities (Ord.
Alternative Tower 15-21 , §1(Exh.
Structures within A))
right-of-way
All other Towers CUP CUP CUP CUP CUP CUP CUP Ch. 14 Wireless
Communication
Facilities (Ord.
15-21 , §1(Exh.
A))
RECREATION USES
Commercial Limited P P §5.1.C
Recreation or
All other P P P §5.1.C
Entertainment
Establishments,
Indoor
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Commercial Amusement S2 §5.1.C
Recreation or parks
Entertainment
Miniature golf S1 §5.1.C
Establishments,
Riding academies, S2 S2 §5.1.C
Outdoor
livery stables,
roping or
equestrian arenas
All other S2 §5.1.C
Entertainment Indoor Facility S2 S2 S1 §5.1.C
Event, Major
Outdoor Facility S1 §5.1.C
Private- P P
Membership
Recreational
Facility or Club
INDUSTRIAL USES
Industry Brewery/ S1 P §5.1.L (Ord. 13-
distillery/winery 14 §1)
Custom P P §5.1.L
General P §5.1.L
Industrial services P §5.1.L
Limited P/S1 P §5.1.L;
In CH, uses
containing more
than 15,000
square feet of
gross floor area
shall be subject
to special review
Research & P P P P
development
Gravel Mining P
Recycling Facility S1 P §5.1.L
Warehousing Bulk Storage P §5.1.L; §5.1.S
and Storage
General P §5.1.L; §5.1.S
Limited S1 P/S1 P §5.1.L; §5.1.S
In CO, not
permitted on
lots abutting an
arterial street or
highway
In CH, uses
containing more
than 15,000
square feet of
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(Supp. No. 21, Update 1)
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gross floor area
shall be subject
to special review
Wholesale Sales Small scale P P P §5.1.S
& Distribution
All other S1 P §5.1.S
wholesale sales/
distribution
OTHER SPECIFICALLY PROHIBITED USES SEE §5.1.N, "PROHIBITED USES."
ACCESSORY USESSEE §5.2, "ACCESSORY USES AND STRUCTURES."
TEMPORARY USESSEE §5.3, "TEMPORARY USES AND STRUCTURES."
(Ord 10-00 §2; Ord. 6-06 §1; Ord. 2-10 §1; Ord. 19-10 §1; 15-11 §1; Ord. 19-11 §1; Ord. 13-14 §1, 7-22-2014; Ord.
06-15 §1 (Exh. A); Ord. 29-16 §1; Ord. 09-17 §1; Ord. 17-17 §1; Ord. 05-18 §1(Exh. A); Ord. 14-18 §1(Exh. A); Ord.
08-19 §1(Exh. A); Ord. 20-19 , §1(Exh. A); Ord. 05-19 , §1(Exh. A); Ord. 15-21 , §1(Exh. A))
C. Density and Dimensional Standards.
1. Table of Density and Dimensional Standards by Zoning District. Table 4-5 below lists the density and
dimensional standards that apply within the nonresidential zoning districts. These are "base"
standards, not guarantees that stated minimums or maximums can be achieved on every site. Other
regulations of this Code or site-specific conditions may further limit development on a site.
2. Minimum Land Area Requirements for Accommodation and Residential Uses in the Nonresidential
Zoning Districts. Table 4-5 below includes a standard for "minimum land area per accommodations
(guest) or residential unit," which applies only in the A, A-1 and CD zoning districts. The "minimum land
area" necessary to meet this standard shall be measured using the net land area definition set forth in
§4.3.C, "Density/Dimensional Standards." When applying the minimum land area standard to a parcel's
net land area, all resulting fractions shall be rounded down to the next lower whole number.
3. Maximum Units/Density Not Guaranteed. The number of dwelling or guest units allowed on a site is
based on the presumption that all other applicable standards shall be met. The maximum residential or
accommodations density established for a zoning district is not a guarantee that such densities may be
obtained, nor a valid justification for varying other dimensional or development standards.
4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts.
Table 4-5
Density and Dimensional Standards
Nonresidential Zoning Districts
Zoning Minimum Land Minimum Lot Size \[7\] Minimum Building/Structure Max. Max. Lot
District Area per Setbacks \[4\] \[8\] Bldg Coverage
Accommodation Height (%)
Area (sq ft) Width Front (ft.) Side (ft.) Rear (ft.)
or Residential (ft.) \[9\]
(ft.)
Unit (sq. ft. per
unit)
A Accommodation 40,000 \[2\] (Ord. 100 \[3\] Arterial = 15 \[6\] 10 \[6\] 30 80
Unit =1,800 15-11 §1) 25 \[5\];All (Ord. 15-
\[1\];Residential other 11 §1)
Units: SF = streets =
9,000;2-Family = 15
6,750;MF =
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5,400 (Ord. 16-
10 §1; Ord. 19-
10 §1)
A-1 10,890 \[10\] 15,000 \[2\] (Ord. 50 \[3\] Arterial = 15 (Ord. 10 30 30
(Ord. 19-10 §1; 15-11 §1) 25 \[5\]; 15-11 §1)
Ord. 16-10 §1) All other
streets =
15
CD Accommodation Accommodation 25 Minimum If lot If lot 42; n/a
Units Only = uses = 5,000 = 8 abuts a SF abuts a SF Buildings
1,800; SF & 2-All other uses = Maximum residential residential higher
Family n/a = 16 property = property = than 30
(standalone) = 10; 10; feet are
9,000; All other All other subject
Dwelling units cases = 0 cases = 0 to §11.5
(1st Floor) 1 unit \[11\] \[11\]
per 2,250
square feet of
gross land area
Dwelling units
(2nd floor or
higher floors)
No minimum
gross land area
per unit
(Ord. 15-03 §3)
CO n/a Lots fronting Fronting Arterial = 15 \[6\] 15 \[6\] 30 80
arterials = arterials = 25 \[5\];
40,000 \[2\]; 200; All other
Outdoor All other streets
Commercial lots = 50 =15
Recreation/
Entertainment =
40,000 \[2\]
All other lots =
15,000 \[2\]
O Residential Units 15,000 \[2\] Fronting Arterial = 15 \[6\] 15 \[6\] 30 80
nd
(2Floor) Arterials = 25 \[5\];
1 unit 2,250 sq. 200; All other
ft. GFA of All other streets =
principal use lots = 50 15
CH n/a 6,000 \[2\] 50 15 0 \[6\] 0 \[6\] 30 80
I-1 n/a 15,000 \[2\] Fronting Arterial = 10 \[6\] 10 \[6\] 30 80
Arterials = 25 \[5\];
200; All other
All other streets =
lots = 50 15
Notes to Table 4-5
\[1\] For guest units in a resort lodge/cabin use that have full kitchen facilities, the minimum land area requirement per guest unit shall be 5,400
square feet. See also §5.1.P below
\[2\] 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."
\[3\] For lots greater than 2 acres, minimum lot width shall be 200 feet.
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(Supp. No. 21, Update 1)
Page 13 of 17
\[4\] See Chapter 7, §7.6 for required setbacks from stream/river corridors and wetlands. (Ord. 2-02 §5; Ord. 11-02 §1)
\[5\] All front building setbacks from a public street or highway shall be landscaped according to the standards set forth in §7.5 of this Code.
\[6\] Setback shall be increased to 25 feet if the lot line abuts a residential zoning district boundary.
\[7\] See Chapter 7, §7.1, which requires an increase in minimum lot size (area) for development on steep slopes. (Ord. 2-02 §6)
\[8\] All structures shall be set back from public or private roads that serve more than four dwellings or lots. The setback shall be measured from
the edge of public or private roads, or the edge of the dedicated right-of-way or recorded easement, whichever produces a greater
setback. The setback shall be the same as the applicable minimum building/structure setback. This setback is applicable only in the "A-1"
district. (Ord. 11-02 §1)
\[9\] See Chapter 1, §1.9.E, which allows an increase in the maximum height of buildings on slopes. (Ord. 18-02 §3)
\[10\] Bed and Breakfast Inns shall be calculated as one residential dwelling unit for density purposes provided the lot does not contain detached
units. In all other cases, each individual guest room in a B&B shall be calculated as one guest room/unit. (Ord. 19-10 §1)
\[11\] For purposes of these cells, the term "SF residential property" means any property whose use (whether occupied or vacant) is in accord
with §13.3.92 of this Code at the time the relevant building permit(s) are issued for development of the subject CD-zoned property,
provided that the relevant building permit(s) entail a change in the setback distance adjoining the single-family property use.
Notwithstanding any development approval under this Code for a lesser setback, this footnote may require an additional setback as
provided in these cells if an adjacent single-family use is established prior to issuance of the relevant building permit(s) at the CD-zoned
property. Otherwise, the relevant building permit(s) shall not be issued.
(Ord. 2-02 §5; Ord. 2-02 §6; Ord. 11-02 §1; Ord. 18-02 §3; Ord. 15-03 §3; Ord. 16-10 §1; Ord. 19-10 §1; Ord. 15-11
§1; Ord. 27-17 §1(Exh.); Ord. 05-21 , §1(Exh. A); Ord. 14-21 , §1(Exh. A))
5. Number of Principal Uses Permitted Per Lot or Development Parcel.
a. Maximum Number of Principal Uses Permitted . One (1) or more principal uses shall be permitted
per lot or development parcel, except that in the A zoning district, only one (1) principal
residential use shall be permitted per lot or development parcel.
b. Permitted Mix of Uses . Where more than one (1) principal use is permitted per lot or
development parcel, mixed-use development is encouraged, subject to the following standards:
(1) More than one (1) principal commercial/retail or industrial use permitted by right or by
special review in the zoning district may be developed or established together on a single
lot or site, or within a single structure, provided that all applicable requirements set forth
in this Section and Code and all other applicable ordinances are met.
(2) Any combination of residential and commercial/retail uses that are permitted by right or by
special review in the zoning district may be developed or established together on a single
lot or site or within a single structure, provided that all applicable requirements set forth in
this Section and Code, and all other applicable ordinances, are met. For example, a two-
story structure on a single lot in the CD Downtown Commercial zoning district may have a
restaurant or retail store on the ground floor, and residential apartments or condominiums
on the second floor.
D. Additional Zoning District Standards.
1. Operational Requirements.
a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District.
(1) Except as may be allowed in paragraph (3) below, all retail sales, displays and activities and
all other uses, storage and activity shall be wholly contained within the interior of a
building or permanent structure.
(2) Retail merchandise shall not be displayed in any way on doors that provide customer
access to a building or on windows that open out onto or over public ways, including
sidewalks, pedestrian paths/trails or permitted outdoor eating/serving area.
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(3) Exceptions . Notwithstanding paragraph (1) above, the following outdoor uses, storage or
activity shall be permitted within the CD zoning district:
(a) Municipal uses, provided that such municipal uses are approved by the Board
of Trustees.
(b) Permitted outdoor seating and dining areas (See §5.1.M).
(c) Parking lots as a principal use or parking lots and loading areas as permitted
accessory uses, subject to screening, landscaping and other applicable
requirements set forth in this Code.
(d) Accessory refuse collection areas subject to screening and other applicable
requirements set forth in this Code.
(e) Automated Teller Machine (ATM) and/or interactive kiosks intended to serve
walk-up customers only. ATMs or kiosks shall not obstruct the movement of
pedestrians through plazas, along adjoining sidewalks or through other areas
intended for public usage.
(f) Outdoor mobile food vendor uses.
(Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06; Ord. 34-17 §1(Exh. A))
b. Performance Standards . All new development in the nonresidential zoning districts shall comply
with the performance standards set forth in §7.10 of this Code.
2. CD, CO and O Zoning Districts: Building Siting, Orientation and Materials Requirements.
a. The main entrance of all buildings in the CD, CO and O zoning districts shall be oriented to the
front property line. If a lot fronts an arterial road or state highway, the main entrance of all
buildings shall face the road or highway.
b. To the maximum extent feasible, each principal structure on a site shall avoid long flat or blank
walls that face a public street. All sides of a building that face a public street shall be finished with
the same materials as the primary facade.
3. Vehicular Access and Circulation Requirements. Provision shall be made for vehicular access and
circulation in the nonresidential zoning districts as shown in Table 4-7 below:
Table 4-7
Vehicular Access and Circulation Requirements
Nonresidential Zoning Districts
Requirement Zoning District
"A" = Applicable "" = Not Applicable
A A-1 CD CO O CH I-1
CURB CUTS
No new mid-block curb cuts for vehicular A
access shall be permitted along Elkhorn
Avenue.
To the maximum extent feasible, the A A A A A A A
number of curb cuts shall be minimized by
consolidation, shared driveways or other
means.
No more than 1 driveway curb cut per lot. A
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(Supp. No. 21, Update 1)
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Lot widths of 200 feet or less : No more than A A A A A
1 driveway curb cut per lot.
Lot widths of more than 200 feet : No more A A A A A
than 2 driveway curb cuts per lot.
DRIVEWAY SPACING
Arterial Streets . All driveways accessed from A A A A A A
an arterial street shall be spaced at least 250
feet from the pavement edge of any other
driveway or public street intersection.
Nonarterial Streets . All driveways accessed A A A A A A A
from a nonarterial street shall be spaced at
least 150 feet from the pavement edge of
any other driveway or public street
intersection.
LOCATION OF LOADING AND SERVICE DOCKS
Loading and service docks shall be sited A A A A A A
either at the rear of the building or along the
side of the building.
LOCATION OF PARKING (SEE ALSO §7.11, "OFF-STREET PARKING AND LOADING")
Off-street parking shall not be located in a A A A A A A
building's required front setback area.
CD District : Off-street parking shall not be A
located between the lot line and the building
line facing an arterial or collector street.
NONRESIDENTIAL USESINTERCONNECTED & SHARED PARKING
Parking lots may be interconnected with nonresidential parking lots on adjacent properties to the maximum
extent practicable. Cross-access easements or other acceptable agreements for adjacent lots with
interconnected parking lots shall be submitted in language acceptable to the Decision-Making Body to ensure
availability of interconnected parking to users. See also §7.11.G regarding shared parking alternatives.
4. Pedestrian Amenities and Linkage Requirements. Provision shall be made for pedestrian amenities
and linkages in the nonresidential zoning districts as shown in Table 4-8 below:
Table 4-8
Pedestrian Amenities and Linkage Requirements
Nonresidential Zoning Districts
Requirement Zoning District
"A" = Applicable "" = Not Applicable
A A-1 CD CO O CH I-1
LINKAGE REQUIREMENTS
To the maximum extent feasible, provision A A A A A A A
shall be made in the design of developments
for interconnections with existing or planned
streets and pedestrian, bikeway or trail
systems on adjoining properties, unless the
Estes Valley Planning Commission
determines that such interconnections
would have adverse impacts on open spaces,
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(Supp. No. 21, Update 1)
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wetlands, sensitive environmental areas or
other significant natural areas.
PROVISION OF PEDESTRIAN AMENITIESGENERAL
Provision shall be made in the design of all A A A A A A
developments for nonvehicular circulation
systems, including but not limited to
sidewalks, pathways and bikeways.
SIDEWALKS
If a lot abuts an arterial street, sidewalks A A A A A A A
shall be provided to provide public access
and connection to adjacent properties. The
minimum width of the sidewalk shall be 8
feet. The location of the sidewalk on a
property will be determined on a case-by-
case basis to account for, among other
things, unique natural features and existing
sidewalk location on adjoining properties;
accordingly, in some instances, the sidewalk
may be located outside of an existing right-
of-way.
Sidewalks at least 5 feet wide shall be A A A A A
provided along the full length of a building
facade that features a customer entrance
and along any building facade abutting a
public parking area.
All internal pedestrian walkways shall be A A A A A
designed to be visually attractive and
distinguishable from driving surfaces
through use of durable, low-maintenance
surface materials such as pavers, brick or
scored concrete to enhance pedestrian
safety and comfort
(Ord. 10-00 §2, 7/25/00; Ord. 2-02 §1, 2/12/02; Ord. 11-02 §1, 8/13/02; Ord. 18-02 §3, 12/10/02; Ord. 15-03 §3,
8/12/03; Ord. 2-06 §1, 6/27/06; Ord. 4-06 §1, 7/25/06; Ord. 6-06 §1, 9/26/06; Ord. 02-10 §1, 1/26/10; Ord. 16-10
§1, 7/27/10; Ord. 19-10 §1, 8/24/10; Ord. 15-11 §1, 5/24/11; Ord. 19-11 §1, 9/27/11; Ord. 29-16 §1(Exh. A),
12/15/16; Ord. 09-17 §1(Exh. A), 3/28/17; Ord. 17-17 §1(Exh. D), 6/13/17; Ord. 27-17 §1(Exh.), 10/24/17; Ord. 34-
17 §1(Exh. A), 2/13/18; Ord. 05-18 §1(Exh. A), 4/10/18; Ord. 14-18 §1(Exh. A), 10/23/18; Ord. 08-19 §1(Exh. A),
5/14/19; Ord. 20-19 , §1(Exh. A), 7/23/19; Ord. 05-19 , §1(Exh. A), 8/27/19; Ord. 05-21 , §1(Exh. A), 5/11/21; Ord.
14-21 , §1(Exh. A), 9/28/21; Ord. 15-21 , §1(Exh. A), 11/9/21)
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(Supp. No. 21, Update 1)
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