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HomeMy WebLinkAboutORDINANCE 15-18ORDINANCE NO.15-18 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO REQUIRE NEIGHBORHOOD!COMMUNITY MEETINGS PRIOR TO APPLICATION WHEREAS,on August 21,2018,the Estes Valley Planning Commission conducted public hearings on proposed text amendments to the Estes Valley Development Code,Sections §3.2 Standard Development Review Procedure B. Neighborhood and Community Meeting,§3.2.F.Summary Table,Standard Development Review Process by Application Type,Chapter 13 Definitions,and Appendix B Submittal Requirements,and WHEREAS,on August 21,2018,the Estes Valley 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 A [Green], be approved;and WHEREAS,said amendment to the Estes Valley Development Code is set forth on Exhibit A [Green],attached hereto and incorporated herein by this reference: NOW,THEREFORE,HE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A [Green]. Section 2: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 93t day of ,2018. TOWN OF ES ARK,COLORADO By;J Mayor ATTEST: noTqClerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 9’-day of o crc€z,2018 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the aday of pc.xccs 2018,alT as required by the Statutes of the State of Colorado. Tow(jlerk Exhibit A [Greenj October 9,2018 Chapter 3.Review Procedures and Standards §3.2 Standard Development Review Procedure 3-3 A.Step 1:Pre-Application Conference 3-3 B.Step 2:Neighborhood &Community Meeting 3-4 C.Step 3:Staff Review and Report 3-4 D.Step 4:Estes Valley Planning Commission Action of Recommendation 3-4 E.Step 5:Board Review and Action 3- 5 F.Summary Table-Standard Development Review Process by Application Type 3-5 G.Flow Chart of Standard Development Approval Procedure 3-6 §3.2 -Standard Development Review Procedure All development applications are subject to the following five-step standard”review procedure, unless variations or exceptions to the standard procedure are expressly provided for in the particular development application requirements set forth in this Chapter. Standard Development Review Process Step I Pre-Application Conference Step 2 Neighborhood and Community Meeting Step 3 ApplicationlCompleteness Certification Step 4 Staff Review and Report Step 5 Estes Valley Planning Commission Action or Recommendation Step 6 Board of TrusteeslBoard of County Commissioners Review and Action A.Step I:Pre-Application Conference. 1.Purpose.The purposes of the pre-application conference are to provide an opportunity for the Applicant and the Staff to discuss the review process schedule and submittal requirements,the scope of the project and compliance with this Code. 2.Applicability.A pre-application conference is mandatory for the following applications: a.Special review uses; b.Development plans; c.Rezoning applications; d.Preliminary subdivision plat; e.Preliminary PUD plans; f.Variances; g.Minor subdivisions;and h.Annexations. Staff may waive the pre-application conference on the ground that the proposed development is not complex and will not have any significant impacts on services, roads,natural resources or adjacent property. (Ord.18-02#2) 3.Scheduling.The pre-application conference shall be scheduled by the Applicant with Staff at least fourteen (14)days prior to the date of submission of any related application. 4.Submittal Requirements.All Applicants shall submit a sketch plan to the Staff for review no later than five (5)days prior to the scheduled pre-application conference.See Appendix B to this Code for sketch plan submittal requirements. B.Step 2:Neighborhood and Community Meeting. 1.The purpose of the neighborhood meeting is to educate occupants and owners of nearby lands about the proposed development and application,receive comments,address concerns about the development proposal,and resolve conflicts and outstanding issues,where possible. (A)Favored pra ctice.Neighborhood meetings are encouraged as opportunities for informal communication between owners and occupants of nearby lands,applicants and other residents who may be affected by development proposals. (B)Applicability.Except as stated otherwise in this code Neighborhood meetings shall be mandatory for zoning and planning projects that require a public hearing as specified in this Code. (D)Procedure.If a neighborhood meeting is held by the applicant,it shall generally comply with the following procedures: (1)Time and place.The neighborhood meeting shari be held ata place that is generally accessible to neighbors that own and/or reside in the notification area to the land subject to the application.It shall be scheduled after 5:00 p.m.on a weekday or at any time on a weekend day. (2)Notification.The applicant shall provide notification of the neighborhood meeting a minimum of ten business days in advance of the meeting by placing notice in a newspaper or display advertising of general circulation in the Estes Valley and by mailing notice to all owners and occupants within the notification boundary of the land subject to the application.The list of owners within the notification area of the affected property shall be obtained by the applicant from the most recent version of the property owners of record provided by The Town of Estes Park.The notification shall state the time and place of the meeting. (3)Conduct of meetings.At the neighborhood meeting,the applicant shall explain the development proposal and application,inform attendees of the character and nature of the process for review,and respond to comments and questions neighbors may have about the application and propose ways to resolve conflicts. (4)Staff attendance.Town staff may attend the neighborhood meeting for the purpose of advising the attendees regarding applicable provisions of the Development Code,but shall not serve as facilitators or become involved in negotiations at the neighborhood meeting. (5)Written summary of neighborhood record of meeting.The applicant shall provide the Planning Department a written summary of the neighborhood meeting.The written summary shall include a list of those in attendance,a summary of the issues related to the development proposal discussed,comments by those in attendance about the development proposal,and any other information the applicant deems appropriate.The written summary of the neighborhood meeting shall be included with the application materials,and be made available to the public for inspection. (6)Response to summary.Any party in attendance at the neighborhood meeting may submit an additional written summary indicating their understanding of the issues related to the development proposal discussed,comments by those in attendance about the development proposal,and any other information they deem appropriate.This written summary may include a response to the applicant’s written summary of the neighborhood meeting. Neighborhood meetings are optional for any other applications not requiring a public hearing. C.Step 3:Application Timing and Certification of Completeness. 1.Except for variances,all development applications shall be submitted to Staff a minimum of fifty-five (55)days prior to the next regularly scheduled EVPC meeting at which the application will be reviewed.See §3.6 regarding variances.Staff shall have the discretion to shorten submittal time frames. (Ord.8-05Th) 2.Within eight (8)working days of submittal,the Staff shall either certify the application as complete and in compliance with all submittal requirements or reject it as incomplete and notify the Applicant of any deficiencies.See §3.1 .C above. (Ord.8-05Th) C,Staff Review and Report.No later than fourteen (14)days prior to EVPC meeting,Staff shall refer the development application to the appropriate review agencies,review the development application and prepare a staff report.No changes to the development application or any accompanying plans or information shall be permitted alter submittal, except for any changes or additional information requested by the Staff during their review. (Ord.8-05#l) D.Step 4:Estes Valley Planning Commission Action or Recommendation. 1.Public Hearings or Meetings Required. a.General Rule.Except as provided in subsection 1.b below,within forty-five (45)days from the date that a submitted application is certified as complete,the EVPC shall review the application at a public meeting or hearing as required by this Code or applicable law. b.Authority to Hold Application for Later EVPC Review.Notwithstanding the time for action requirements set forth in subsection l.a above,whenever an extraordinary number of applications are submitted,such that the Staff is unable to complete their review adequately prior to the next regularly scheduled EVPC meeting,the Staff shall be authorized to hold an application until the next subsequent processing period for EVPC review.Once the application is placed on the official agenda for a public meeting or hearing before the EVPC,all other time requirements for review pursuant to this Section and Chapter shall apply. 2.Compliance with EVPC’s Conditional Approvals. a.EVPC Final Actions.When the EVPC is the Decision-Making Body,approval of an application shall not become final and appealable until all conditions of approval have been complied with.(See Chapter 2 above.)Acceptance of all conditions of approval and compliance,where feasible (e.g.,required revisions to plans and drawings),shall be completed by the Applicant within thirty (30)days of the EVPC’s action. b.EVPC Recommended Actions.When the EVPC is a reviewing body only,conditions of EVPC-recommended approval that require revisions to the submitted application, plans or drawings shall be completed by the Applicant within thirty (30)days of the EVPC’s action.(See Chapter 2 above.)A revised application shall be a condition precedent to placing the application on the Board’s agenda.(See Step 5 below.) E.Step 5:Board Review and Action, Board Action Required.Within thirty (30)days from the date that the Board receives the application,including any revisions,the Board shall hold a public hearing and consider the development application,the staff report,the Planning Commission’s recommendation and the evidence from any public meeting.The Board shall take final action by either approving,approving with conditions or denying the development or land use applications based on its compliance with the appropriate review standards. 2.Compliance with Board’s Conditions.Board approval of an application shall not become final and appealable until the Applicant complies with or accepts all conditions of approval.Compliance with conditions of approval (e.g.,required revisions to plans and drawings),shall be completed by the Applicant and submitted to the Staff within thirty (30)days of the Board’s action,unless a longer time is requested by the Applicant and agreed to by Staff. F.Summary Table—Standard Development Review Process by Application Type. Step 1 Pre-Step 2 Step 3 Step 4 Step Step Application Neighborhood Application!Staff 5 6 Conference &Community Completeness Review EVPC Board Meeting Certification &Action Action Report Code Amendments-M M A A A A TexUMap Preliminary M M A A A A Subdivision Final Subdivision V NI A A N!A A PUD-Preliminary Plan M M A A A A PUD-Final Plan V M A A NIA A Special Review Use M M A A NIA A SI Special Review Use M A A A A S2 Variances (Ord.18-01 M V A A NIA BOA #5) Minor Modifications V V A A-SR A-SR NIA Development Plan M M A A-SR A-SR APP Review Use V V A A N!AAPP Classification (Ord.8- 05 #1) SeparateLot V NIA A A NIA APP Determinations (Ord. 8-05#1) TemporaryUse Permits Minor M a a ia a Subdivision (Ord.18- 01 #5) Location and Extent M 2 a a a a Review (Ord.21-10 §1) Conditional Use NI N!A A A A A Permit (Ord.21-10 §1) Annexations (Ord.18-M M a a wa a 01 #5) “V’1 =Voluntary “M”=Mandatory “A”=Applicable “NIA”=Not Applicable “APP”=Appeals “BOA”=Board of Adjustment “SR”=Special Requirements (Refer to Text) §13.3-DEFINITIONS OF WORDS,TERMS AND PHRASES 161.Neighborhood and Community Meeting:Informal meeting between the applicant and any interested citizens involving informal communication between owners and occupants of nearby lands,applicants,and other residents who may be affected by development proposals. APPENDIX B.SUBMITTAL REQUIREMENTS ll.SUBDIVISION SUBMITTAL REQUIREMENTS A.General Submittal Requirements 5.Neighborhood and Community Record of Meeting Record. E.Condominium Projects 2.Neighborhood and Community Meeting Record. Ill.DEVELOPMENT PLAN SUBMITTAL REQUIREMENTS A.Development Plan Submittal Requirements 6.Development Plan Submittal Package Contents. e.Neighborhood and Community Meeting Record. IV.SPECIAL REVIEW USES—SUBMITTAL REQUIREMENTS A.Submittal Requirements 5.Neighborhood and Community Meeting Record. V.CODE AMENDMENTS (REZONINGS)—SUBMITTAL REQUIREMENTS A.Submittal Requirements 7.Neighborhood and Community Meeting Record. VI.PLANNED UNIT DEVELOPMENTS—SUBMITTAL REQUIREMENTS A.Preliminary PUD Applications—Submittal Requirements 4.Neighborhood and Community Meeting Record. B.Final PUD Applications—Submittal Requirements. 5.Neighborhood and Community Meeting Record.