HomeMy WebLinkAboutORDINANCE 07-19ORDINANCE NO.07-19
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN
RESIDENTIAL ZONING DISTRICTS
WHEREAS,in 2017,the Town of Estes Park and Larimer County approved the
amending of Section 13.2.C.34 —Parks and Recreation Facilities,to remove the term
“non-commercial’from the definition of Park and Recreation Facilities in the Estes
Valley Development Code (“EVDC”);and
WHEREAS,currently Park and Recreation Facilities are a permitted use in all
zoning districts within the EVDC Boundary Map Planning Area (the “Estes Valley”),
subject to development standards and processes;and
WHEREAS,there currently exists public concern about Park and Recreation
Facilities being a permitted use in all residential zoning districts of the Estes Valley;and
WHEREAS,due to public concern about the possible negative effects of Park
and Recreation Facilities in residential zoning district in the Estes Valley,the Estes Park
Community Development Department Staff and the Estes Valley Planning Commission
have formulated amendments to the EVDC to regulate Park and Recreation Facilities in
residential zoning districts within the Estes Valley;and
WHEREAS,said amendments were reviewed and recommended for approval by
the Estes Valley Planning Commission on March 19,2019;and
WHEREAS,the Town of Estes Park Board of Trustees,and Larimer County
Board of County Commissioners have both set (via continuance from earlier dates)
public hearings for said amendment on May 28,2019 (Town Board of Trustees)and
June 10,2019 (Board of County Commissioners);and
WHEREAS,it is the conclusion of the Board of Trustees that it is necessary to
impose a temporary moratorium on the acceptance and processing of any development
application for Park and Recreation Facilities located in residential zoning districts of the
Estes Valley to allow the Town of Estes Park Board of Trustees,and the Larimer
County Board of County Commissioners to review possible amendments to the EVDC
concerning Park and Recreation Facilities within residential zoning districts in the Estes
Valley;and
WHEREAS,it is necessary to impose this temporary moratorium for only the time
period necessary to allow the Town of Estes Park Board of Trustees and the Larimer
County Board of County Commissioners to adequately review possible new
amendments,including public comment,and if appropriate,adopt amendments to the
EVDC concerning Park and Recreation Facilities within residential zoning districts within
the Estes Valley;and
WHEREAS,pursuant to the applicable provisions of Section 29-20-101 et seq.
C.R.S.known as the Local Government Land Use Control Enabling Act of 1974,the
Town of Estes Park has the power to impose this temporary moratorium.
NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK:
Section 1.The Town of Estes Park Board of Trustees hereby imposes a
temporary moratorium on the acceptance and processing of any new development
application for Park and Recreation Facilities as defined in Section 13.2.C.34 of the
Estes Valley Development Code for development in the RE-I,RE,E-1,E,R,R-1,R-2,
RM zoning districts of the EVDC within the Town of Estes Park.
Section 2.This temporary moratorium shall take effect immediately and be in
force through June 30,2019 unless extended,amended and/or terminated by further
action of the Board of Trustees.
WHEREAS,the immediate passage of this Ordinance is necessary for the
preservation of the health,safety,and welfare of the citizens of the Town in order to
temporarily delay the acceptance and review of any development application for Park
and Recreation Facilities within residential zoning districts in the Town of Estes Park,
and therefore this Ordinance shall take effect and be in force immediately after its
passage,adoption,and signature of the Mayor or the Mayor Pro Tem.
INTRODUCED,READ,AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this
______
day of (,2019.
TOW STES PARK,COLORADO
Mayor
ATTEST:
n0 -
Clerk
I hereby certify that the above Ordinan;e was introduced pnd read at a regular meeting
of the Board of Trustees on the 23L day of Ap.i I
2018 and
publishe in a newspper of general circulation in the Town of Estes Park,Colorado,on
the 7.LQflday of
___________________,
2019,all as required by the Statutes of the
State of Colorado.