HomeMy WebLinkAboutORDINANCE 05-19ORDINANCE NO.05-19
AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE “PARK
AND RECREATION FACILITIES”USE,REVISING THE DEFINITION,REVISING THE
PERMITTED USE TABLES,AND ADDING SPECIFIC USE STANDARDS
WHEREAS,on March 19,2019,the Estes Valley Planning Commission conducted
a public hearing on a proposed text amendment to the Estes Valley Development Code
REGARDING THE “PARK AND RECREATION FACILITIES”USE,REVISING THE
DEFINITION,REVISING THE PERMITTED USE TABLES,AND ADDING SPECIFIC
USE STANDARDS,and found that the text amendment complies with Estes Valley
Development Code §3.3.D Code Amendments,Standards for Review;and
WHEREAS,on March 19,2019,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,be
approved;and
WHEREAS,said amendment to the Estes Valley 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:
Section 1:The Estes Valley Development Code shall be amended as more fully
set forth on Exhibit A.
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 ofl’day of 1”A ,2019.
TOWN OF ESTES PARK,COLORADO
Mayor
ATTEST:
c-...-&-s_.t.....
Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the oZ1’day of AUPtUSI 2019 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the WSday of
___________
2019,all as required by the Statutes of the State of Colorado.
Clerk
EXHIBIT A [Violet]
§13.2-USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES
C.Use Classification/Specific Use Definitions and Examples.This Section sets forth specific use
classifications in alphabetical order.A general definition is typically provided for each use classification,
and in many instances examples are provided of specific uses that fall within the broader use
classification.When a specific use example is provided,the example should satisfy both the broader
classification’s general definition as well as the definition of the specific use,if provided.Finally,the
text may provide specific examples of uses that are not included in a particular use classification
(referred to in the text as “exceptions”).
34.Park and Recreation Facilities.
a.Park and Recreation Facilities —Public.Publicly owned parks,playgrounds,recreation
facilities and open spaces.Ownership is through public entities such as federal,state,county
and municipal government or a public recreation district,Golf courses are classified separately
as a recreational use.
b.Park and Recreation Facilities —Private.Privately owned and operated parks,playgrounds,
recreation facilities and open spaces.Golf courses are classified separately as a recreational
use.
Exhibit A [Violet]
§4.3 -Residential Zoning Districts
B.Table 4-i:Permitted Uses:Residential Zoning Districts.
Table 4-i
Permitted Uses:Residential Zoning Districts
Zoning Districts
“P’=Permitted by Right
“Si or S2”=Permitted by Special
Specific Review Additional Regulations (Apply in AllUseClassificationUseDistrictsUnlessOtherwiseStated
=Prohibited
RE RE tJIR tI RM
INSTITUTIONAL,CIVIC AND PUBLIC USES
Park and Recreation P P P P P P P P §3.13,Location &Extent ReviewFacilities-Public
Park and Recreation S2 52 S2 S2 S2 52 S2 52 §5.1 .W.Specific Use StandardsFacilities-Private
Exhibit A [Violetj
§4.4 -Nonresidential Zoning Districts
B.Table 4-4:Permitted Uses:Nonresidential Zoning Districts.
Table 4-4
Permitted Uses:Nonresidential Zoning Districts
Nonresidential Zoning Districts
“P’=Permitted by Right
Use Classification Specific “Si or 52”=Permitted by Special Additional Regulations
Use Review (Apply in All Districts
Unless Otherwise Stated)=Prohibited
A A-i CD CO 0 CH I-i
INSTITUTIONAL,CIVIC &PUBLIC USES
Park and Recreation Facilities—§3.13,Location &ExtentPPPPPReviewPublic
Park and Recreation Facilities —P P P P P ——§51’’.Specific Use
Private Standards
Exhibit A [Violet]
CHAPTER 5.-USE REGULATIONS
§5.1 -SPECIFIC USE STANDARDS
This Section contains regulations that apply to specific uses or classes of uses.
W.Park and Recreation Facilities.Park and Recreation Facilities shall be divided into two
classifications:Public,and Private,as defined in the EVDC Section 13.2.C.34.a,and 13.2.C.34.b.
1.Public Park and Recreation Facilities include traditional public parks,cemeteries,public
squares,plazas,playgrounds,ballfields,nature preserves,botanical gardens,and other indoor
and outdoor recreation facilities owned by public entities such as federal,state,county and
municipal government or a recreation district.Temporary commercial and non-commercial uses
are allowed through a temporary use permit as specified in EVDC Section 5.3.Public Park and
Recreation Facilities are permitted in most zoning districts as listed in Tables 4—1 and 4—4.
Public Park and Recreation Facilities in non-residential zoning districts may have private
concessions and rental arrangements for use of facilities therein.A Location and Extent Review
is required to establish or modify a Public Park and Recreation Facility.
2.Private Park and Recreation Facilities in residential districts,as standalone activities with
permission of the property owner(s),shall be restricted to the following uses:
a.Horseback Riding with ten or fewer participants per riding group;
b.Fishing (including fishing lessons on private ponds),with appropriate licensing or
permitting;
c.Photography
d.Hiking and Climbing Activities
e.Swimming
f.Non-Motorized Boating,Canoeing,Kayaking (electric-assist boating shall be allowed);
g.Non-Motorized Cycling (electric-assist bicycling shall be allowed)
h.Passive Open Space