HomeMy WebLinkAboutORDINANCE 15-19ORDINANCE NO.15-19
AN ORDINANCE EXTENDING 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 has set (via continuance
from earlier dates)a public hearing for said amendment on July 23,2019;and
WHEREAS,in order to be consistent with the Larimer Board of County
Commissioners’similar moratorium,which is through September 19,2019,the Town
Board’s moratorium requires an extension;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:
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.
2.This temporary moratorium shall take effect immediately and be in force through
September 19,2019 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 A5”day of ,JUA)€,2019.
TOWN OF ESTES PARK,COLORADO
ATTEST:
Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the 251g day of .-ZIU&)C ,2019 and published
in a newspaper of Qeneral circulation in the Town of Estes Park,Colorado,on the02tfldayofrTUvE2019,all as required by the Statutes of the State of
Colorado.
T Clerk