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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.