HomeMy WebLinkAboutORDINANCE 09-19ORDINANCE NO.09-19
AMENDING THE ESTES VALLEY DEVELOPMENT CODE §9.2 AND §9.3 TO
REMOVE RESTRICTIONS THAT LIMIT PLANNED UNIT DEVELOPMENTS TO THE
Co (COMMERCIAL OUTLYING)ZONING DISTRICT
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 remove restrictions that limit Planned Unit Developments to the CO (Commercial
Outlying)Zoning District;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 [Red],
be approved;and
WHEREAS,said amendment to the Estes Valley Development Code is set forth
on Exhibit A [Red],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 [Red].
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 Zday of TMNE .2019.
By;
ATTEST:
T@ Clerk
TOWN OF S PARK,COLORADO
Mayor
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the .1 ‘5 day of _tiArJ E ,2019 and published
in a newspaper of general circulation in the Town of Estes Park,Colorado,on the
O2”day of JupC ,2019,all as required by the Statutes of the State of
Colorado.
Clerk
EXHIBIT A
ESTES VALLEY DEVELOPMENT CODE,CHAPTER 9,PLANNED UNIT DEVELOPMENTS
§9.1 -PURPOSES
In order that the public health,safety and general welfare may be furthered in an era of
increasing urbanization,commercial and industrial development,and growing demand
for housing of all types and design,this Chapter is designed to encourage planned unit
developments (PUD5)in the Estes Valley for the following purposes:
A.To encourage innovations in residential and commercial development and renewal
so that the growing demands of the population may be met by greater variety in
type,design and layout of buildings and by the conservation and more efficient use
of open space ancillary to such buildings;
B.To encourage a more efficient use of land and of public services and to reflect
changes in the technology of land development so that resulting economies may
inure to the benefit of those who need homes;
C.To provide a process that can relate the type,design and layout of residential and
commercial development to the particular site,thereby encouraging the preservation
of the site’s natural characteristics,and to encourage integrated planning in order to
achieve the purposes of this Chapter;
D.To provide for well-located,commercial sites and well-designed residential
developments while minimizing the impact on roads,streets and other transportation
facilities;and
E.To conserve the value of the land.
§9.2 -APPLICABILITY AND TYPES OF PUDS ALLOWED
A.Applicability.A PUD may be established by overlaying a PUD development plan
over the existing zoning district.All PUDs shall be reviewed and approved in
accordance with the standards set forth in this Chapter and the procedures set forth
in Chapter 3 of this Code.
B.Types of PUDs Allowed.A Mixed-Use Planned Unit Development (PUD-M)shall be
the only permitted PUD overlay.
a
§9.3 -PUD-M,PLANNED MIXED-USE DISTRICT
The PUD-M,Planned Mixed-Use District,is created to provide for the development of
planned mixed-use commercial and residential developments.It is intended to promote
developments with a balanced mix of commercial and residential uses that provide
services and employment opportunities in close proximity to residents of the district.
Within a PUD-M District,the following standards shall be applied and uses and
densities may be permitted subject to the approval of the Decision-Making Body,
depending on the location of the proposed PUD.
A.Permitted Uses.Within a PUD-M district,the following uses may be permitted
subject to the approval of the Decision-Making Body:
1.Uses permitted by-right or by special review in the underlying zoning district;
2.Residential uses;or
3.Accommodation uses.
B.Minimum Parcel Size.The minimum size of a mixed-use PUD shall be three (3)
acres.
C.Number of Units Allowed/Density.
1.Residential Uses in a Mixed-Use PUD.The maximum number of units allowed
(density)shall be determined by applying the maximum permitted net density
allowed in the RM Multi-Family Residential Zoning District (see §4.3.C.5 above).
2.Accommodation Uses in a Mixed-Use PUD.The maximum number of
accommodation units allowed shall be determined by applying the minimum
developable land area per accommodations unit requirement allowed in the A
Accommodations/Highway Corridor Zoning District (see §4.4.C above).Any unit
that is less than or equal to eight hundred (800)square feet in size shall be
considered a guest unit,regardless of kitchen configuration,for purposes of
density calculations of a commercial accommodations use in a Mixed-Use PUD.
3.Land Area Requirements Not Cumulative.The density allowances set forth in
this Section are not cumulative,but shall be calculated independently for each
residential and/or accommodations use proposed in a mixed-use PUD.Each
independently calculated land area shall be deducted from the total land area
available for development to determine the permitted density on a site.
D.Applicable Development Standards.
1.Yard,Bulk and Dimensional Requirements.Yard,bulk and dimensional
requirements set forth in Chapter 4,including but not limited to minimum lot area,
shall not apply to interior lots or building sites within a PUD-M that do not abut
land uses located outside the PUD-M development parcel.
2.All Other Zoning Requirements.All other zoning development and design
standards shall apply to all PUD-M’s unless otherwise specifically exempted,
modified or varied pursuant to this Chapter or to §3.6,“Variances.”
3.Subdivision Regulations.The requirements of Chapter 10,“Subdivision
Standards,”shall apply to all PUD-M’s unless otherwise specifically exempted,
modified or varied pursuant to this Chapter or to §3.6,“Variances.”
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4.Private Open Areas.
a.At a minimum,a PUD-M development shall set aside thirty percent (30%)of
the site’s total gross area for open areas,plazas,courtyards,sitting areas and
other similar public-accessible spaces.
b.At its discretion,the Decision-Making Body may require additional private
open areas or public trail dedications based on a review of the following
factors:
(1)The Estes Valley Comprehensive Plan;
(2)Unique drainage,topographic,vegetation or other such physical
conditions;
(3)Type and density of development;or
(4)Overall need for open space and recreational facilities.
c.All open areas or trails provided in a PUD shall be owned and maintained as
common (private)open areas by the developer,owner of the property or an
organization established for the ownership and maintenance of common open
areas,unless the relevant Board accepts public dedication of the open areas.
d.Open areas or trails dedicated for public use shall comply with all applicable
dedication requirements set forth in §7.4 of this Code.
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