HomeMy WebLinkAboutORDINANCE 03-18ORDINANCE NO.03-18
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT
CODE TO ADD A SUBSECTION FOR A RESTRICTIVE COVENANT
AND AGREEMENT WITHIN THE INCENTIVES FOR ESTABLISHING
ATTAINABLE AND WORKFORCE HOUSING
WHEREAS,on February 20,2018,the Estes Valley Planning Commission conducted a
public hearing on a proposed text amendment to the Estes Valley Development Code,CHAPTER
11.INCENTIVES,§11.4 ATTAINABLE HOUSING DENSITY BONUS,E.Development and
Design Standards;and found that the text amendment complies with Estes Valley Development
Code §3.3.D Code Amendments,Standards for Review;and
WHEREAS,on February 20,2018,the Estes Vafley Planning Commission voted to
recommend approval of the text amendment;and
WHEREAS,the Board of Trustees of the Town of Estes Park finds the text amendment
complies with Estes Valley Development Code §3.3.D Code Amendments,Standards for Review
and has determined that it is in the best interest of the Town that the amendment to the Estes
Valley Development Code,as set forth on Exhibit Red,be approved;and
WHEREAS,said amendment to the Estes Valley Development Code is set forth on Exhibit
Red,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:
Section 1:
forth on Exhibit Red.
Section 2:
adoption and publication.
The Estes Valley Development Code shall be amended as more fully set
This Ordinance shall take effect and be enforced thirty (30)days after its
PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park,
Colorado,This I 3’Day of ,2018.
By:
TOWN OF E
ATTEST:
K,COLORADO
Mayor
T
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the I3t-day of
_______________
2016 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the day of
___________,2018,
alias required by the Statutes of the State of Colorado.
Towerk
EXHIBIT
[Red]
[CHAPTER 11.INCENTIVES,§11.4 ATTAINABLE HOUSING DENSITY BONUS,E.
Development and Design Standards,4.]
Estes Valley Planning Commission:January 16,2018
E.Development and Design Standards.
1.[Reserved]
a.
2.Public Sewers and Water Required.All developments containing attainable or workforce
housing units approved under provisions of this Section shall be served by public central
sewer service and public water service.
3.Short-Term Rentals Prohibited.Attainable or workforce housing units approved under
provisions of this Section shall not be rented,leased or furnished for tenancies of less
than thirty (30)days (see §5.1.B).(Ord.02-10 §1)
4.Deed Restriction or Restrictive Covenant and Agreement Required.Attainable or workforce
housing units developed pursuant to this Section shall use one of the two mechanisms
below to assure the availability of the units for sale or rent to persons meeting the income or
workforce guidelines and definition set forth in §11 .4.C above.The Community Development
Director shall determine which one of the two mechanisms below is applicable:
a.Deed Restriction.Attainable or workforce housing units shall be deed restricted.The
deed restriction shall be for a time period of no less than fifty (50)years.The deed
restriction used to restrict the units shall be approved by the Town or County Attorney.
b.Restrictive Covenant and Agreement.A Restrictive Covenant and Agreement shall be
entered into between the property owner and the Town or County.The Restrictive
Covenant and Agreement shall be for a time period of no less than fifty (50)years.
shall run with the land,and shall be binding on the owner and all subsequent owners
and successors.The Restrictive Covenant and Agreement shall be in a form
acceptable to the Town or County Attorney.Upon approval by the Town or County
Attorney,the Restrictive Covenant and Agreement shall be subject to review by the
decision-making body with the associated preliminary subdivision,or,if no subdivision
approval is required,with the associated development plan.The Restrictive Covenant
and Agreement shall be properly executed and recorded.
(Ord.13-99 §D.4,11/3/99;Ord.2-02 #9,2/12/02;Ord.8-05 #1,6/14105;Ord.2-10 #1,1/26/10)