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HomeMy WebLinkAboutORDINANCE 17-24ORDINANCE NO. 17-24 AMENDING CHAPTERS 3 AND 9 AND APPENDIX B OF THE ESTES PARK DEVELOPMENT CODE REGARDING PLANNED UNIT DEVELOPMENTS WHEREAS, on September 17, 2024, the Estes Park Planning Commission conducted a public hearing on a proposed text amendment to Estes Park Development Code chapters 3 and 9, and Appendix B, pertaining to planned unit developments (PUD) and variances; and WHEREAS, the Planning Commission recommended approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Park Development Code section 3.3. D and has determined that it is in the best interest of the Town that the amendment to the Estes Park Development Code, as set forth on Exhibit A, be approved; and WHEREAS, said amendment to the Estes Park Development Code is set forth on Exhibit A, attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Sections 3.4 and 3.6, Chapter 9, and Appendix B of the Estes Park Development Code are hereby amended by the addition of underlined material and deletion of stricken material, as set forth on Exhibit A. Section 2: In Exhibit A of this ordinance, ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this 26th day of November, 2024. TOWN OF ESTES PARK, COLORADO By: ~~^~ V~T —^ Mayor / ATTEST: ^r \)Jb^^r- ^TnClerk/^^A I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the 26th day of November, 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 29th day ofNloyember, 2024, all as required by the Statutes of the State of Colorado. <<^^ {/^^Pr- "f^yrT^lerk^ APPROVED AS TO FORM: Town Attorney § 3.4 Planned Unit Developments A. Applicability. Planned Unit Developments may be approved in any zoning district in which this Code expressly permits such projects (See Chapter 9), subject to the standards set forth in this Code and the approval procedures set forth in this Section. B. Consolidation with Subdivision Approval. Where applicable, the Applicant sbati-mav consolidate an application for Preliminary PUD Plan approval with an application for preliminary subdivision plan approval, and sbati-may consolidate an application for Final PUD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the planned unit development requirements of this Code and the provisions, including submittal requirements, governing subdivisions. C. Procedures for Approval ofaPUD Plan. 1. General. The PUD is first approved in preliminary form and then approved in final form, except for eligible applications as described below which may be approved in a combined preliminary/final form. Approval of preliminary and final Planned Unit Dcvolopmont plans shall follow the some procedures os approval of preliminary and final subdivision plate. See §3.9 below for the subdivision approvol procoGS. 2. Procedure for Approval of Preliminary PUD Plan. Applications for preliminary PUD plan shall follow the standard development approval process set forth in section 3.2. 3. Procedure for Approval of Final PUD Plans. Applications for final PUD plan aDproval shall follow the standard,deyelo£mentapproval process set forth in section 3.2, except that Step 4 (EPPC Review and Action) shall not apply. 4. ProcedureforApproyal of Combined Prelimlnary/Final PUD Plans. ADplications for projects smaller than five acres in size or which contain ten (10) or fewer dwelling units are eligible fora combined preliminary/final PUD plan. ADplications for a combined preliminary/final PUD plan aDproval shall be considered a Final PUD Plan and shall follow the standard_deyelopment approval process set forth in section 3.2, including Step 4. D. Standards for Review. All applications for Planned Unit Developments shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, "Planned Unit Developments," and with all other applicable provisions of this Code. An application for approval of a e-PrcliminaFV-PUD Plaa. together with submitted plans and reports, shall be reviewed for conformance with the followine standards: application for approval oT a PrQliminan/ PUB Plan, togQthorwith submittQd plans anc reports, shall bo rQviQWQd for conformoncQ with tho following standards; 1. i-. —The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; 2. 3-. —Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; 3. 3;—The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; 4. 4:—Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and 5. S-. —As allowed in Chapter 9 below, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. 6. The PUD shall provide public benefits that are advantageous to the surrounding neiehborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Public benefits of the proposed PUD may include: a; Mixed-use development that implements elements of the Comprehensive Plan not otherwise possible under this Development Code; L Significantjsreseryation of existing environmental features th_rough^ite_design techni5yes_sych as cluster development: c, lnnovatjve_ae£roaches tojmtigatethe risks of natural hazards such as wildfire andjloods; d, ProtectiorLofnatural ecosystems, consen/ation of natural respurces^nd wildlife_habitat^and mitieation and adaptation to a changing climate; e, Histonc_&resen/ation of private or public structures, places, or landscapes; f. Adaptive reuse, renovation, or redevelopment of existinp buildines; g_ Enhanced building desien above that required by the Code and/or the use of green building and systainable development technictues, including Leadership in Energy and Environmental Design (LEED) or LEED-eauivalent certification of structures. h. Provision of Attainable, Workforce, or Employee Housing or other housine solutions that support the Housing element of the Comprehensive Plan; i. Multimodal transportation improvements that create_a safer, more comfortable environment for users of all aees and abilities; or L Other public benefits which the Town Board finds substantially advance the goals and other Bolicies and objectives of the Comprehensive P.LarL 2. Standards for Review for a Final PUB Plan. A Final PUB Plan application, together with all submitted plans and reports, shall bo rcvicwQd to determine their compliDnco with the opprovcd preliminary PUB plan, including all recommended conditions. E. Effect of Approvals. 1. Effect of Approval of a Preliminary PUD Plan. a_ The provisions set forth in §3.9.F below applicablo to a preliminary subdivision plan choll apply to a preliminary PUB plan. Within twelve (12) months from the date of the final approval of a preliminary PUD plan, the developer shall submit an application for final PUD plan. If the final PUD plan is not submitted within this twelve (12) month time period, the approval shall automatically lapse and be null and void. b. During the periodjn which an app_roved preliminarv_PUD plan is effective. no subsequent change or amendment to this Code or any other governine ordinance or plan shall be applied to affect adversely thejight of the AppHcant_to proceed_with_anv aspect of the approved development in accordance with the terms ofsuch_oreliminarv PUD_2lan approvals 32. Effect of Approval of a Final PUD Plan and Combined Preliminarv/Final PUD Plan. The provisions set forth in §3.9.F below applicable to a final GubdiviGion plot shall apply to o final PUB plon. An DDDrovQd final PUB plan shall be recorded as the final subdivision plot, as per §3.9.F below. Within one hundred eighty (ISQLdavsfrom the date of the Board's action on the final_PUD plan_or_combined preliminarv/final PUD plan, the Applicant shall make all required revisions, if any (see section 3.2.E above), and shall submit the PUD plan_tothe_Town forj^cordiriR. Ifthe PUDpJan_is_not submitted foL recording within this one hundred eightv-day time Deriod, the aDproval shall automatically lapse and be null and void. § 3.6 Variances A. Applicability. The BOA shall hear requests for variances where it is alleged that the provisions of this Code inflict unnecessary hardship and practical difficulties upon the Applicant. B. Procedure for Approval of Variances. Applications for approval of variances shall follow the standard development approval process set forth in §3.2 of this Chapter, except for the following modifications: 1. Step 2: Application Timing. Applications for variances shall be submitted to Staff a minimum offorty- two (42) days prior to a regularly scheduled meeting of the BOA. Staff shall have the discretion to shorten submittal timeframes. 2. Step 4: Review and Action by the BOA. The staff report on an application for a variance shall be forwarded to the BOA. The BOA shall review the application, staff report and public meeting testimony and take final action by either approving, approving with conditions or denying such application. The BOA'S decision on the application shall be final. C. Standards for Review. All applications for variances shall demonstrate compliance with the standards and criteria set forth below: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; b. Whether the variance is substantial; c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; d. Whether the variance would adversely affect the delivery of public services such as water and sewer; e. Whether the Applicant purchased the property with knowledge of the requirement; and f. Whether the Applicant's predicament can be mitigated through some method other than a variance. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 5. No_yarLanceshall be granted increasing the number of accommodation units beyond the number otherwise permitted. 56. If authorized, a variance shall represent the least deviation from the regulations that will afford relief. €7. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. •?8. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. D. Lapse. Failure of an Applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. However, variances associated with an approved development plan or special review application shall become null and void upon the lapse or expiration of the approval of the development plan or special review. CHAPTER 9. PLANNED UNIT DEVELOPMENTS § 9.1 PURPOSES In order that the public health, safety and general welfare may be furthered in an era of increasing urbanization, commercial and industrial development, and growing demand for housing of all types and design, this Chapter applies the Planned Unit Development Act of 1972 and is designed to encourage planned unit developments (PUDs) in the-Estes Valley Park for the following purposes: A. To encourage innovations in residential and commercial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings; B. To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes; C. To provide a process that can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging the preservation of the site's natural characteristics, and to encourage integrated planning in order to achieve the purposes of this Chapter; D. To provide for well-located, commercial sites and well-designed residential developments while minimizing the impact on roads, streets and other transportation facilities; E. To conserve the value of the land; and.- F. To provide for the development of planned mixed-use commercial and residential developments and promote develppments with a mix of commercial and residential uses, including but not limited to attainable, workforce, and employee housing, that provide services and employment ODportunities in close proximity to residents of the district. § 9.2 APPLICABILITY AND TYPES OF PUBS ALLOWEDELIGIBILITY A. PUDsOverlay_Allowed in all Non-Residential Zone the CO Districts-Only. Application for a planned unit development may be made for land located in the CO Outlying Commorciol any non-residential Zoning District. A PUDfnay-shall be established by overlaying a PUD development plan over the existing €©-zoning district. All PUDs shall be reviewed and approved in accordance with the standards set forth in this Chapter and the procedures set forth in Chapter 3 of this Code. B. Types of PUDs Allowed. A Mixed Use Planned Unit Dcvclopmont (PUB M) Gholl bo the only permitted PUB overlay in the CO zoning district. B. Minimum Size. A PUD must include either at least two (2) acres or five (5) or more dwelling units. § 9.3 PUB STANDARDS M, PLANNED MIXED USE DISTRICT The PUB M, Planned Mixed Use District, is created to provide for the development of planned mixed UGO commercial and residential developments. It is intended to promote developments with o balanced mix of commercial and residential uses that provide services and employment opportunities in cloGC pro)dmity to rccidonts of the district. The PUB M, Planned Mixed UGO District, may be permitted as an overlay only in the CO Outlying Commercial District. Within a PUB M District, the following standards shall bo applied and uses and densities may be permitted subject to the approval of the Decision Making Body, depending on the location of the proposed PUB. A^ All requirements set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern unless authorized for modification in this section and explicitly approved in the PUD. The following shall apply: 4r Permitted Uses.- Permitted uses may be modified from the underlying zone district Within o PUB M district, the following uses may bo permitted subject to the approval of the Decision- Making Body to allow the following: a_ Uses permitted by-right or by special review in the underlying zoning district; b^ Residential uses; w ^ Accommodation uses;-and d^ Other uses which are compatible, as defined herein (see section 9.3.B below), with other uses within the PUD District and the surrounding areaB- Minimum Parcel SizorTho minimum parcel size of o mixed use PUB shall be three (3) ocros. 3- Number of Units Allowed/Density. a^ i-. —Residential Uses in a Mixod-Uso PUB. The maximum number of residential units allowed (density) shall not be modified by the PUD and shall be determined by applying the maximum permitted net density allowed in the RM Multi-Family Residential Zoning District (see §4.3.C.5 above). A PUD is elieible for the Attainable/Workforce HousinR Density Bonus subject to the provisions of §11.4. b. 3-. —Accommodation Uses in a Mixod-Uso PUB. The maximum number of accommodation units allowed shall be determined by_-applying the minimum developable land area per accommodations unit requirement allowed in the A Accommodations/Highway Corridor Zoning District (see §4.4.C above). Any accommodations unit that is less than or equal to eight hundred (800) square feet in size shall be considered a guest unit, regardless of kitchen configuration, for purposes of density calculations of a commercial accommodations use in a Mixed Use PUB. The number of accommodation units permitted may be modified subject to approval of the Decision-MakinR Body subject-teand the followinK:- i. Accommodations use shall be consistent with the Comprehensive Plan, and ii. Shall be compatible, as defined herein (see section 9.3.B below), with the surroynding_area^ c_ Land Area Requirements Not Cumulative. The density allowances set forth in this Section are not cumulative, but shall be calculated independently for each residential and/or accommodations use proposed in a mixed use PUB. Each independently calculated land area shall be deducted from the total land area available for development to determine the permitted density on a site. 3- Setbacks_and_Lot Coverage. Setbacks_and_lot coverage may_bejn^dified from the underiyinR zone district subject to approval of the Decision-MakinK Body and the following: a.. Setbacks from lot lines abutting a property outside the PUD shall comply with the ynderlying zone districtT; b^ Setbacks and lot coverage shall be compatible, as defined herein (see section 9.3.B below), with the surround+ng area.; and c Setbacks shall be consistent with the built form of the applicable Comprehensive Plan Future Land Use Category 4r Building Heieht. Maximum buildinp height shall not be modified by the PUD and shall be determined by applying thejjnderlyins zone district standards except that attainable housing units and workforce housing units shall be eligible for a height bonus subject to approval of the Decision-MakinR Body and the following: a. Buildings containing attainable housing units and/or workforce housinenits in all underlying zone districts shall be eligible for a height bonus up to a maximum building height ofthirtv-eight (38) feet subject to the requirements of §4.3J3.5 and §4.3.D.6; b. The Community Development Director or Decision-MakinK Body may require a shadow study, line-of-siRht analysis, or similar studies to ensure impacts to surroundine Droperties are minimized from any building utilizing the buildine height bonus; and c. Building height shall be compatible, as defined herein (see section 9.3.B below), with the surroundinR area; and 5r Off-Street Parking and Loadine. Off-street parking and loading standards shall not be modified except that the minimum parkin&reoylrement may be modified from the underlying zone district subject to approval of the Decision-Making Body and the following: a. Any proposed pff-streeLearkine alternatives shall_be reviewed in accordance with §7.11(G);and L A parking study prepared in accordance with section 7.1KE) shall support any modifications to parking reciuirements. B,— i-. — B-. —Applicablo Dovolopmont Standards. &—t-. —Yard, Bulk and Dimonsional RoquiromontG. Yard, bulk and dimonsional rcquiromcnts Got forth in Chapter 4, including but not limited to minimum lot oroo, shall not apply to interior lots or building sites within a PUB M that do not obut land uses located outside the PUB M development parcel. Z-. — i —All Other Zoning RoquiromontG, All other zoning development and design standards shall apply to all PUB M's unless othcrwiGO specifically oxomptod, modified or varied pursuont to this Chapter or to §3.6, "Variances." £r. — S-. —Subdivision Rogulations, The rcquircmcntG of Chapter 10, "Subdivision Standards," shall apply to all PUB M'G unloss otherwise specifically oxomptod, modified or varied pursuant to this Chapter or to §3.6, "Variances." ^,6_4-. —Private Open Areas. a. At a minimum, a PUD-M development shall set aside thirty percent (30%) of the a percentage of the site's total gross area for open areas indudingT open space, active or passive recreational amenities, plazas, courtyards, rooftop patios, sitting areas and other similar public accessible spaces_as_followsi i. 10% open area for sites less than one acre in size; ii. 15%open area for sites one acre to two acres in size; and iiL 20% open area for sites greater than two acres in size. erb_At its discretion, the Decision-Making Body may require additional or-approve a smaller amount of private open areas or public trail dedications based on a review of the following factorsi i. The Comprehensive Plan; ii. Unique drainage, topographic, vegetation or other such physical conditions; iii. Type and density of development; iv. Overall need for open space and recreational facilities.-; or ftfcv. Quality, usability, and/or public accessibility of open areas Droposed. c. All open areas or trails provided in a PUD shall be owned and maintained as common (private) open areas by the developer, owner of the property or an organization established for the ownership and maintenance of common open areas, unless the Board accepts public dedication of the open areas. d. Open areas or trails dedicated for public use shall comply with all applicable dedication requirements set forth in §7.4 of this Code. 6-7_Subdivision Regulations. The requirements of Chapter 10, "Subdivision Standards," shall apply to all PUD unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances." TrS^AII Other Zoning Requirements. All other zoning development and design standards shall apply to all PUD's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances." B^ Compatibility. For the purposes_ofthis_section, compati^ilrtv^halljnean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Comeatibility does not necessanlvjnean "the same as." Rather, compatibility refers to the sensitivity of development proposals in coexisting with existing development. Compatibilitv can be achieved through a variety of methods, including: 1^ Building design, includinR size, height, bulk, mass, scale, materials and colors; 2^ Minimizing infrinfiemejTt^rLthe.privacv of adjoining_|andjjses_throuRh screening, window locations, or building placementT; ;L Using landscaping to help mitieate the physical, visual and environmental impacts created by development;.or 4^ Operational standards such as: a^ hours of operation and deliveries; b. location on_a_srteof activities, such as trash_receptacles and loading zones, that generate potential adverse impacts on adjacent uses; c light intensity and hours of full illumination; cL limits on noise; and e. parking and transportation demand management. APPENDIX B. SUBMITTAL REQUIREMENTS VI.PLANNED UNIT DEVELOPMENTS-SUBMITTAL REQUIREMENTS A. Preliminary PUB Applications —Submittal Roquiromcnts. i-. —— A complete application form provided by the Staff. 3-. — All Qpplicoblo foQC as set forth in the adopted Schedule of FQOG. 3r. — All requirements for a "preliminary subdivision plot" as set forth in Section II.C above, unless waived or modified by the Staff. 4^—Neighborhood and community mooting record. ^—Architectural elevations for all ctructurcs in a proposed PUB. 6-. — A written statement of all zoning and subdivision standards that arc proposed to be modifiod or varied in the PUB development, including how such modification or waiver would satisfy the critcrio set forth in §3./l.D.l.o of this Code. ^-. — A written GtDtcmcnt of how the proposed PUB mQQtG the standards for review of PUB applications, as set forth in §3.'1 of this Code. &—Any other information doomed nccosEary by the Staff to make a fully informed and deliberate docioion on the application. 6- ftnal-PUD Applications—Submittal Requirements. 1. A complete application form provided by the Staff. 2. All applicable fees as set forth in the adopted Schedule of Fees. S-. — An approved Preliminary PUB Plan. 34, All requirements for s "final oubdivision plat" Code Amendments (Rezoning)-as set forth in Section^ •UrO above and Development Plans as set forth in Section III above, unless waived or modified by the Staff. 45. Neighborhood and community meeting record. 56. A written statement of how the final-PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 6. A written statement of all standards that are proposecfto be modified prvaried in the PUD development, including how such modification or waiver would satisfy the criteria set forth in §3.4.D.l.e of this Code. 7. Architectural elevations for all structures in a proposed PUD, unless deferred to a subsequent Development Plan by the Decision-Making Body. 8_Any other information deemed necessary by the Staff to make a fully informed and deliberate decision on the application.