HomeMy WebLinkAboutORDINANCE 11-19ORDINANCE NO.11-19
AMENDING THE ESTES VALLEY DEVELOPMENT CODE §3.2 TO CLARIFY AND
DEFINE PROCEDURES,APPLICABILITY,AND REQUIREMENTS FOR
NEIGHBORHOOD AND COMMUNITY MEETINGS
WHEREAS,on April 16,2019,the Estes Valley Planning Commission conducted
a public hearing on a proposed text amendment to the Estes Valley Development Code,
to Clarify and Define Procedures,Applicability,and Requirements for Neighborhood and
Community Meetings;and found that the text amendment complies with Estes Valley
Development Code §3.3.D Code Amendments,Standards for Review;and
WHEREAS,on April 16,2019,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 tJD ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this )1 day of
_______________,
2019.
TOWN OF TES PARK,COLORADO
By:
________________________________
Mayor
ATTEST:
pToClerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the /P4 day of *1 1 ,2019 and published
in a newspaper of general circulation in the Town of Estes Park,Colorado,on the
p7Th day of
____________,
2019,all as required by the Statutes of the State of
Colorado.
EXHIBIT [A]
§3.2-Standard Development Review Procedure
All development applications are subject to the following [six]-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 1 Pre-Application Conference
Step 2 Neighborhood and Community Meeting
Step 3 Application/Completeness Certification
Step 4 staff Review and Report
Step 5 Estes Valley Planning Commission Action or Recommendation
Step 6 Board of Trustees/Board of County Commissioners Review and Action
(Ord.15-16 ,§1(Exh.A))
A.Step 1: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 pie-application conference shall be scheduled by the Applicant with Staff at least fourteen (14)
days pnor 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 pie-application conference.See Appendix B to this Code for sketch plan submittal
requirements.
B.Step 2:Neighborhood and Community Meeting.
[Purpose.]The purpose of the neighborhood and community 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 Practice.Neighborhood and community 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 provided otherwise in §3.2.G (Summary Table-Standard Development Review
Process by Application Type),neighborhood and community meetings shall be mandatory for zoning and
planning projects that require a public hearing as specified in this Code.Except as provide otherwise in
§3.2.G (Summary Table-Standard Development Review Process by Application Type),neighborhood and
community meetings shall be voluntary for zoning and planning projects that do not require a public hearing
as specified in this Code..
c.Procedure.If a neighborhood and community meeting is held by the applicant,it shall generally comply with
the following procedures:
(1)flme and Place.The neighborhood and community meeting shall be held at a 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)Written Notification.The applicant shall provide notification of the neighborhood and community
meeting a minimum of ten (10)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)Posted Notices of Neighborhood and Community Meeting.Required posted notice requirements shall
be on a standard sign with format and material as determined by the Planning Department.The
following additional requirements shall apply to posted notices pursuant to this Section:
a)Any posted notice shall be legible from a public street or public right-of-way in clear weather
conditions.legible’is defined as meeting the legibility requirements in the Estes Park
Municipal Code Chapter 17.66 (Signs).
b)Projects abutting more than one public street or public right-of-way shall be required to post
one (1)additional sign for each abutting public street or public right-of-way.
c)Posting of all notice(s)required by this Section shall take place no later than ten (10)days
prior to any given neighborhood and community meeting for which the posting is required,
and the posted signage shall remain until the close of any such neighborhood and community
meeting!including the closing dates of any neighborhood and community meeting that may
be continued or postponed.
d)Proof that the required signage was posted in accord with this Section shall be provided to
the Planning Department prior to the opening of any neighborhood and community meeting.
A date-stamped photograph of the posted notice in context shall be deemed adequate proof
for purposes of this Section.
e)Removal,damage or destruction of a properly posted notice by weather or other natural
occurrence shall not be construed as failure to comply with the public notice provisions of this
Code.
(4)Conduct of Meetings.At the neighborhood and community 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.
(6)Staff Attendance.Town staff may attend the neighborhood and community 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.
(6)Written Summary of Neighborhood and Community Record of Meeting.The applicant shall provide
the Planning Department a written summary of the neighborhood and community 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
and community meeting shall be included with the application materials,and be made available to the
public for inspection.
(7)Response to Summary.Any party in attendance at the neighborhood and community 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 and community meetings are optional for any other applications not requiring a public hearing.
(Ord.15-18,§1(Exh.A))
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.8-05 #1)
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.8-05 #1;Ord.15-18 ,§1(Exh.A))
D.Step 4: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 after
submittal,except for any changes or additional information requested by the Staff during their review.
(Ord.8-05 #1:Ord.15-18,§1(Exh.A))
E.Step 5: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 becompletedbytheApplicantwithinthirty(30)days of the EVPCs action,(See Chapter 2 above.)A revised
application shall be a condition precedent to placing the application on the Board’s agenda.(See Step5
below.)
(Ord.15-18,§1(Exh.A))
F.Step 6:Board Review and Action.
1.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.
(Ord.15-18,§1(Exh.A))
C.Summary Table—Standard Development Review Process by Application Type.
Step 2
_____
Stepi
____
Neighborhood
__________
Pre-Applicahon
&Community
____________
Conference -
________
Meeting
___________
Code Amendments-I
M I A AText/Map —
—I —
Preliminary Subdivision M M A A
Final Subdivision V M A A
PUD-Preliminary Plan M M A A
PUD-Final Plan I M A A
Special Review Use SI M M A A
Special Review Use S2 M M A A
(Ord.18-Oi#5)M A A
Minor Modifications V V A
r
Development Plan Review,Public Hearing M P4 A &fi
Development Plan Review,Staff Level V V A A
Use Classification
V A A(Ord8-05#1)————
H Separate Lot Determinations
V NLA A A
Temporary Use Permits V N/A A A
Minor Subdivision
A(Ord1S-D1#5)V A —
Location and Extent Review I
(Ord21-1O1)I A A
Conditional Use Permit
M A(Ord21-1O1)—NLA A —
Annexations I
(Ord18-D1#5)P4
i
P4 A A
“V =Voluntary “M”=Mandatory “A’=Applicable “N/A”=Not Applicable
Step3 Step4Application/Staff ReviewCompleteness
&ReportCertification
M
Step 5 Step 6
EVPC Action Board Action
A A
A A
N/A A
A A
NM.A
N/A A
A A
N/A BOA
A-SR N/A
A-SR APP
N/A N/A
N/A APP
N/A APP
N/A N/A
A
AA
A
A
APP
APP
N/A
“APP”=Appeals “BOA”=Board of Adjustment “SR’=Special Requirements (Refer to Text)