HomeMy WebLinkAboutORDINANCE 02-85a
ORDINANCE NO.2-85
AN ORDINAIICF AI’TNDING CHAPTER 17 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARE,
COLORADO,THE SAME PERTAINING TO ZONING
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO:
Section 1.That Section 17.12.010 of the Municipal
Code of the Town of Estes Park,Colorado,shall be amended
to read as follows:
17.12.010 Designated.In order to regulate and restrict
the location of trades,callings,industries,and other uses,
and the location of buildings designed,erected,altered or
occupied for specific purposes,the percentage of lot that may
be occupied,the size of yard,courts and other spaces,and
to regulate and limit the density of population,the Town of
Estes Park is divided in the following zoning districts:
R residential district;
R—l residential district;
R—2 multiple family residential district;
R-3 mobile home park district;
C—D downtown commercial district;
C—O outlying commercial district;
1—1 restricted industrial district;
E estate district;
E—l estate district;and
E—2 estate district.
Section 2.That Chapter 17.32 of the Municipal Code of
the Town of Estes Par}*shall he amended to read as follows:
Chapter 17.32
C-D DOWNTOWN COMMERCIAL DISTRICT
17.32.010 Boundaries.(see attached description)
17.32.020 District objectives.The Downtown Commercial
Objectives are:
1.Provide convenient business and other services for
residents of and visitors to the Estes Park region.
2.Provide a broad mixture of uses within a compact
pedestrian—oriented environment.
3.Facilitate small business development and vitality.
4.Develop in ways integrating and even enhancing the
qualities of the streams,rivers,topography,and other natural
assets of the area.
5.Build a clear identity for the Central Business
District that is distinct from that of any other place.
6.Develop consistent with the Estes Park Comprehensive
Plan and,where applicable,the Urban Renewal Plan.
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17.32.030 Use regulations.Uses shall be allowed as
follows:
1.The following uses and no others are allowed except
Special Review is required if proposed construction or change
of use into another category will involve over 8,000 souare
feet of gross floor area on the premises cumulatively subsequent
to February 19,1985.
(a)One—family,two—family,or multifamily dwellings.
(b)Place of worship,municipal use,utility.
(c)Clubs,fraternal organizations,community buildings.
(d)Commercial accommodations.
Ce)Banks,professional services,other offices,and
restaurants.
(f)Other retail sales and services not requiring Special
Review under item 2 below,and excluding the following:
(1)Stables.
(2)Adult uses.
(31 Gas or automobile service stations.
2.The following uses may be authorized by Special Review.
(a)Uses which would be allowed outright under (1)
above except for involving over 8,000 square feet gross
floor area on the premises.
(b)Commercial amusements.
17.32.040 Dimensional regulations.
1.Lot area and width requirements.
(a)Minimum lot area and lot width for single—family,
two-family,and multifamily dwellings and for commercial
accommodations shall be as required in the R-2 Residential
District.
(b)No minimum lot area or width is reauired for other
uses,except that space must be adequate to meet all
setbacks and other recuirements.There shall be
no minimum lot area or width for a residential
dwelling located above the ground floor of any
building having retailing occupying the ground floor.
2.Setbacks.
(a)Street setback:within eight horizontal feet of a
street property line only the following shall be
permitted:
(1)Driveways not exceeding 30 feet in width,
approximately perpendicular to the street.
(2)pedestrian,landscaped areas,or newspaper
dispenser,if approved under 12.24.
(3)If approved on Special Review,outdoor eating
areas.
(4)Unoccupied architectural projections of not
more than four horizontal feet with nine feet
clearance under them.
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(5)Awnings or signs provided they meet building
and sign code reauirements.
(b)River setback:a twenty foot building setback is
required from the high water line of the Big Thompson
and Fall Rivers except that a building facade containing
a public building entrance need be set back only ten
feet if approved through the development plan review
process.No parking,loading,refuse containers,or
storage shall be located within ten feet of the high
water line.
(c)Other property line setbacks where abutting a
Residential or Estate District:10 feet.(See Section
17.54.020 for planting requirements in district
boundary setbacks).
(d)Other property line setbacks:none required,
provided that building code recuirements
are met.
3.Bulk.The gross floor area of all floors on all
buildings on the premises shall not exceed twice the area of the
lot.
4.Height.Building height is limited to 30 feet,unless
a greater height is authorized on Special Review.In making its
decision,the Board shall consider whether and by how much the
proposal would extend above nearby buildings,trees,or land
masses,and the degree to which it would block or intrude into
views from other premises and ways,reduce privacy on nearby
premises,interfere with utilization of solar energy,or result
in visual dominance of man—made over natural elements.
17.32.050 other requirements.
1.Driveways crossing sidewalks on arterial streets may
serve parking and loading only,but may not serve any drive—in,
drive—through,or auto service facility.
2.Activities shall be wholly contained within buildings
except for access,parking,loading,refuse containers,newspaper
dispensers and storage screened by sight—impervious fencing or
plantings,and if approved on Special Review by the town board,
outdoor eating areas.
3.No parking area shall be located nearer an arterial
street than the front building line of that building on the
premises which is closest to the street.
Section 3.That chapter 17.36 of the Municipal Code of
the Town of Estes Park shall be amended to read as follows:
chapter 17.36
C-O OUTLYING COMMERCIAL DISTRICT
17.36.010 Boundaries.(see attached legal description)
17.36.020 District objectives.The Outlying Commercial
District objectives are:
1.Provide business and other services to nearby neighbor
hoods,visitors,and travellers.
2.Accommodate businesses whose scale or auto orientation
make outlying location appropriate.
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3.Develop in ways protecting safety,convenience,
and amenity on roads.
4.Develop in ways integrating and even enhancing the
qualities of the streams,rivers,topography,and other
natural assets of the area.
5.Build a clear Estes Park identity along the approaches
to the tow&s center.
6.Develop consistent with the Estes Park Comprehensive
plan and,where applicable,the Urban Renewal Plan.
17.36.030 Use regulations.Uses shall be allowed as
follows.
1.The following uses and no others are allowed
except Special Review is required if proposed construction
or change of use into another category will involve over
16,000 square feet of gross floor area on the premises
cumulatively subsequent to February 18,1985,unless involving
outdoor storage or displays:
(a)One—family,two—family,or multifamily dwellings.
(b)Place of worship,municipal use,utility,schools.
(ci Clubs,fraternal organizations,community buildings.
(d)Commercial accommodations.
Ce)Banks and restaurants.
(f)professional services and other offices.
(gI Other retail sales and services not requiring
Special Review under item 2 below,including
drive—in,drive—through,and auto service facilities,
but not including stables.
(h)Light manufacturing,wholesaling,or bulk storage.
2.The following uses may be authorized by Special
Review.
(al Uses which would be allowed outright under 1 above
except for having over 16,000 square feet gross floor
area on the premises,or except for outdoor
storage or display.Said outdoor display and/or
storage must be screened from streets and abutting
premises by plantings or a sight—impervious fence.
(b)Commercial amusements.
Cc)Adult uses.
Cd)Self—storage warehouse.
17.36.040 Dimensional regulations.
1.Lot area and width requirements.
(a)Minimum lot area and lot width for single—family,
two—family,and multifamily dwellings and for
commercial accommodations shall be as required in
the R—2 Residential District.
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(b)Minimum lot area for other uses shall be 40,000
square feet for lots abutting an arterial street
and no minimum lot area for lots not abutting an
arterial street.
Cc)Minimum lot width for other uses shall be 200 feet
measured along the front lot line for any lot
abutting an arterial street and no minimum lot
width for lots not abutting an arterial street.
Cd)There shall he no minimum lot area or width for lots held
in ownership separate from all adjoining lands as
of February 18,1985.
2.Setbacks.
(a)Street setback:no building shall be located within
25 feet of the property line abutting an arterial
street or within 10 feet of any other street property
line,or if less,25%of the distance to the opposite
lot line.
(b)River setback:a 30 foot building setback is required
from the high water line of the Big Thompson and Fall
Rivers,and a ten foot building setback is required
from the high water line of all other rivers or streams
or,if less,a setback from any river or stream equal
to 20%of the distance to the opposite lot line.No
parking,loading,refuse containers,or storage shall
be located within ten feet of the high water line of
any river or stream.
Cc)Other property line setbacks:fifteen (15)feet or,
if less,20%of the distance to the opposite lot line.
Cd)See Section 17.54.020 for sideline and district
boundary planting requirements.
3.Bulk.The gross floor area of all floors in all
buildings on premises used for banks,restaurants,professional
services,other offices,or other retail sales and services shall
not exceed 25%of lot area.
4.Impervious coverage.Coverage by building roof area
plus paved areas shall not exceed the following:
(a)for sites having average slopes*not over 8%:
Maximum coverage =lot area x 80%
(b)for sites having average slopes*exceeding 8%:
Maximum coverage =lot area x [80%—5 x (ave.slope*_
8%)1
(e.g.)on slope of 12%and a 100,000 square foot lot:
Maximum coverage =100,000 x [80%—5 x (l2%—8%)I
=100,000 x [80%—20%]
=60,000 square feet
Higher coverage may be authorized on Special Review by the
town board,which shall consider specific site geology,erosion
control measures proposed,drainage patterns,landslide hazard,
and experience on comparable sites.
*Measured over the less demanding of either the entire parcel
or the area proposed to be altered.Slope calculation shall
be based on two—foot intervals and the formula:
Average slope =0.0046 x length of contour lines (in feet)
site or parcel area (in acres)
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5.Height.Building Height is limited to 30 feet unless
a greater height is authorized on Special Review.In
making its decision,the board shall consider whether and by
how much the proposal would extend above nearby buildings,
trees,or land masses,and the degree to which it would
block or intrude into views from other premises and ways,
reduce privacy on nearby premises,interfere with utilization
of solar energy,or result in visual dominance of man—made
over nature elements.
Section 4.That chapter 17 of the Municipal Code of
the Town of Estes Park,Colorado,shall be amended by inserting
a new chapter 17.54 to read as follows:
chapter 17.54
GENERAL REQUIREMENTS
17.54.010 Off—street parking.
1.Number of spaces.Off-street parking must be provided
as follows to service all increases in parking demand resulting
from new construction,additions,or change of use to one requir
ing more parking,without counting any existing spaces needed to
meet requirements for the existing building and use.Any existing
spaces removed shall be replaced in kind unless in excess of the
number required.Parking spaces doubling as loading areas shall
not be credited.In the C-D district,these requirements may
be met,except for commercial accommodations,through payment to
the town of a one time fee.The fee shall be $2,000.00
times the number of required parking spaces not provided.
Said fee shall be held by the town in a special fund to be
used solely for the acquisition and construction of additional
parking areas and/or upgrading of present parking areas.
Said fee shall be paid in full prior to the issuance of a
building permit.
(a)Dwellings:Two parking spaces for each dwelling unit
therein,except one parking space for each dwelling unit
having fewer than two bedrooms.
ib)Places of public assembly:one parking space for each
three persons capacity based on the Uniform Building Code.
(c)Hotels,motels,other commercial accommodations:one
parking space for each guest unit,plus one parking
space for each eight units or fraction thereof.
(4)Restaurant:one parking space per 2 1/2 persons seating
capacity.
(e)commercial recreation:one parking space per two persons
participant capacity,plus one space per three persons
spectator capacity.
(f)Medical or dental office or clinic;one parking
space per 150 square feet gross floor area.
(g)Other offices,service establishments,and retail
businesses:one parking space per 200 square feet
gross floor area but not fewer than three spaces
per separate enterprise.
(h)Wholesale and industrial establishments:one parking
space per 1.3 employees on the largest shift,but
capable of expansion to not fewer than one space per
300 square feet gross floor area.
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Ci)Other uses:the number of spaces to be determined
by the town planner,based on evidence of similar
uses from similar circumstances.
(j)Mixed uses:requirements for each use are added,
unless it is determined that a smaller number is
adequate because of staggered hours.
2.Parking area location and design.
(a)Location.Required parking shall be either on the same
premises as the activity it serves,or on a separate
parcel if the parcel is located within 300 feet of the
building entrance to be served and is in a zoning
district allowing the activity it serves.Parking
areas containing six or more spaces shall be separated
from street and property lines by a planting area at
least five feet wide,containing dense planting and,
optionally,a fence or wall.Separating materials
shall be at least two feet high initially,and shall
be arranged and maintained to protect visibility at
any driveways.All parking areas shall be set back
10 feet from the high water mark of all river banks
and walls.
(b)Configuration.Dimensions of spaces and aisles shall
adequately provide for clearance and movement,and
for designated spaces to accommodate needs of the
handicapped.The Planning Commission shall adopt,and
from time to time amend,standards for such dimensions,
reflecting current vehicle sizes.
Cc)Surface.Off—street parking areas,loading areas,and
access drives,if involving six or more parking spaces,
shall be surfaced with at least two inches (2”)of
bituminous paving material or four inches (4”)of
concrete unless the Planning Commission approves
an alternative surface which,because of only
seasonal or periodic use,will adeouately prevent dust,
erosion,water accumulation,and unsightly conditions.
Cd)Lighting.Illumination shall use cut-off luminaires
mounted no higher than 15 feet (or,for parking lots of
over 100 spaces,25 feet),arranged and directed
so as to create no glare off—site and to add not more
than one foot-candle to illumination levels at any point
off—site.
Ce)Backing.All parking areas egressing onto arterial
streets and other parking areas having three or more
spaces shall be so designed that no vehicle will be
required to back on a public way in order to enter or
exit from a parking space.
Cf)Egress.There shall be not more than two driveway
openings onto any street from any single premises
unless each driveway is separated from all other
driveways serving 20 or more parking spaces,whether
on or off the premises,by at least 250 feet (measured
between centerlines at the street line)on arterial
streets and 150 feet on other streets.No parcel of
land shall be divided in a way precluding meeting this
requirement,using deeded access easements across the
lots being created for shared egresses if necessary.No
such opening shall exceed 30 feet in width at the
street line unless necessity of greater width is
demonstrated by the applicant.Openings shall be
graded and drainage facilities provided where necessary
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to prevent stormwater from ponding or running
across any sidewalk.No driveway sideline shall
be located within 20 feet of the street line of an
intersecting way.All driveways serving six or
more parking spaces shall be constructed with
a minimum edge radius of five feet on both sides.All
driveways serving 20 or more parking spaces must have
not less than 250 feet visibility in each travel lane
entering an arterial street and not less than 150 feet
visibility on other streets.
(g)Bicycle Racks.For premises requiring 40 or more
parking spaces,bicycle racks facilitating locking
shall be provided to accommodate one bicycle per 20
parking spaces reauired or fraction thereof.
17.54.020 Planting requirements.
1.Applicability.Street,sideline,parking area,and
district boundary plantings shall be provided as specified below
when any new building,addition,or change of use requires a
parking increase of ten or more spaces.
2.Plantings.Required plantings shall include both
trees and shrubs,and may include ones existing on the site.
To be credited towards meeting these requirements,trees must
be at least 2 1/2”caliper four feet above grade,be of a species
common in the area,and be ones which reach an ultimate height
of at least 30 feet.To be credited towards meeting these require
ments,shrubs must be at least 24”in height at the time of
building occupancy,reach an ultimate height of at least 36”,
and be of a species common in the area.Plantings shall
consist of at least one tree per 30 linear feet of planting
area frontage and at least one shrub per 3 feet.Plantings
preferably will be grouped,not evenly spaced,and shall be
located or trimmed to avoid blocking egress visibility.The
planting area shall be unpaved except for access drives and
walks essentially perpendicular to the area.
3.street planting area.Street planting is required
for premises abutting an arterial street,but not in the C—D
District.Required street planting shall be provided within
15 feet of the street property line along the entire street
frontage except at drives.
4.Sideline planting area.Sideline planting is required
for premises abutting an arterial street,but not in the C-D
District.Required sideline planting shall be provided within
five feet of the side lot line between the front lot line and
the building setback (as built,not as required).
5.Parking area plantings.A minimum of 2%of the interior
area of parking lots containing 30 or more spaces must be planted.
A minimum of one tree and four shrubs must be planted for every
1,500 square feet of parking 1st,exclusive of perimeter plant
ings.Planting areas must each contain not less than 30 square
feet of unpaved soil area.Trees and soil plots shall be so
located as to provide visual relief and wind interruption within
the parking area,and to assure safe patterns of internal
circulation.
6.District Boundary Planting Area.District Boundary
planting is required on any premises along the full length of
any boundary abutting a Residential or Estate District and being
developed for a use not allowed in that Residential or
Estate District,unless abutting property is determined by the
town planner to be unbuildable or visually separated by topographic
features.Required planting shall be located within ten
feet of the boundary.
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7.Existing Vegetation.Wherever possible,the above
requirements shall be met by retention of existing plants.If
located within 25 feet of a street,no existing tree of 4”trunk
diameter or greater (measured four feet above grade),dense
hedgerow of four or more feet in both depth and height,or
existing earth berm providing similar visual screening shall
be removed or have grade changed more than one foot unless
dictated by plant health,access safety,or identification
of the premises,as determined by the town planner.
8.Exceptions.Where plant materials as required would
harmfully obstruct a scenic view,substitution of additional
low level plantings which will visually define the street edge
or property line may be authorized through the development
plan review process,provided that proposed buildings are
also designed and located to preserve that scenic view.
9.Maintenance.All plant materials required by this
ordinance shall be maintained in a healthful condition.Dead
limbs shall be promptly removed,and dead plants shall be re
placed at the earliest appropriate season.
17.54.030 Pedestrian access.The following shall apply
(except in the C-fl district,to which 17.54.030 does not apply)
to any newly developed premises having 30 or more parking spaces
or any premises on which either the actual or the required park
ing is increased by 50%or more above existing levels through
building addition or change of use,resulting in 30 or more
parking spaces.
1.A pedestrian circulation system shall be provided to
assure that pedestrians can move safely and easily both within
the premises and between activities on the premises and those
elsewhere in the vicinity.
2.On premises that abut an arterial street,a continuous
walkway shall be provided approximately at the building line
and parallel to that street,extending to each side 1t line
in order to allow connection with walkways on adjacent premises,
creating or continuing a system linking building entries.
3.walkways shall be built to allow continuous pedestrian
access from any sidewalks which may be adjacent to the street or
the street right—of-way to building entries or the continuous
walkway system outlined above.
4.Walkways shall be separated from parking,and where
they cross internal circulation and parking access lanes shall
be clearly marked with paint,paving,textural change,lighting,
landscaping,and/or continuation of sidewalk paving across the
vehicular lane.Handicapped—accessible curbcuts shall be provided.
5.Required walkways shall be not less than five feet in
width,avoid grades in excess of 8%wherever possible,and may
be constructed of any materials assuring all—weather usability.
17.54.040 Disturbances.No activity shall be permitted
unless the following are met:
1.Standard.No sound,noise,vibration,odor,or flash
ing (except for warning devices,temporary construction or
maintenance work,parades,special events,or other special
circumstances)shall be observable without instruments more
than 200 feet from the boundaries of the originating premises
at locations within a C—O or 1—1 district,or more than 40 feet
from the boundaries at locations within any other district.However,
the town board may authorize on Special Review an activity not
meeting these standards,in cases where the Board determines
that no objectionable conditions will thereby be created for the
use of other properties because of peculiarities of location or
circumstance.
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2 Performance Compliance.For a proposed facility
whose future compliance with this requirement is questionable,
the town planner may require that the applicant furnish evidence
of probable compliance,whether by example of similar facilities
or by engineering analysis.Issuance of a permit on the basis of
that evidence shall certify the town’s acceptance of the conformity
of the basic structure and equipment,but future equipment changes
and operating procedures must be such as to also comply with
this standard.
17.54.050 Drainage.Site grading,design and location
of buildings and paving,and provision of drainage facilities
shall assure that stormwater management meets these standards.
1.There shall be compliance with the requirements of
Section 17.51 within the floodway and flood fringe districts.
2.Drainage facilities shall be designed based on
criteria established in the °Larisner County Storm—water
Management Manual
3.Detention devices shall be employed where necessary
to protect that development and downstream properties.There
shall be no increase in the historic peak rate of discharge of
stormwater from the site to streams or adjacent properties.
Section 5.That chapter 17.08 of the Municipal Code of
the Town of Estes Park,Colorado,shall be amended to read
as follows:
CHAPTER 17.08
DEFINITIONS
17.08.010 Generally.For the purpose of this Title,
certain terms and words are defined as set forth in this
chapter.
17.08.020 General meanings.Words used in the present
tense include the future;words in the singular include the
plural,and words in the plural number include the singular;
“building”includes “structure”;“use”includes “arranged,
designed,or intended to be used”;“occupied”includes “arranged,
designed,or intended to be occupied”;“shall”is mandatory and
not directory.The word “person”includes a corporation,partner
ship,or other entity capable of owning,leasing,developing,or
managing property.
17.08.030 Definitions.
Adult Bookstore:an establishment having as a substantial
or significant portion of its stock in trade books,magazines,
and other matter which are distinguished or characterized by their
emphasis depicting,describing,or relating to sexual conduct or
sexual excitement.
Adult Cabaret:a bar,restaurant,or similar establishment
which regularly features exotic dancers,strippers,male or
female impersonators,or similar entertainers.
Adult Motion Picture Theater:an enclosed building used
for presenting material distinguished by an emphasis on matter
depicting,describing,or relating to sexual conduct or sexual
excitement.
Adult Use:an adult bookstore,adult motion picture
theatre,adult cabaret,massage parlor,or similar establish
ment or portion of an establishment customarily not open to the
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public generally but only to one or more classes of the public,
excluding minors by reason of age as a prevailing practice.
Amusements:an establishment or enterprise for the purpose
of amusing or entertaining persons,including by way of example,
but not in limitation,museums,bowling alleys,pool halls,
arcades,dancehalls,puppet shows,theaters,cinemas,concerts,
stage shows,roller and ice skating rinks,sport facilities,
and recreational facilities,whether such establishments be
indoor or outdoor,for profit or not for profit,or in conjunc
tion with another use on the premises.However,amusements shall
not include devices for amusement and entertainment,such as
jukeboxes,pool tables,coin—operated games,pinball machines,or
television and radio where such devices are clearly incidental
and subordinate to the principal use of the premises.
Architectural projection:roof overhangs,mansards,unenclosed
exterior balconies,marauees,canopies,pilasters and fascias,
but not including signs.
Area of special flood hazard:that land in the floodplain
within Estes Park subject to a 1%or greater chance of flooding
in any given year.The area of special flood hazard includes
those areas designated as the floodway and flood fringe.
Area of shallow flooding (AD Zone):an area located
within the area of special flood hazard with base flood depths
of one to three feet where a clearly defined channel does not
exist and where the path of flooding is unpredictable and
indeterminate.
Arterial street:any state or federal numbered highway,
or any other street having a right—of-way width greater than
60 feet.
Authority:the Estes Park Urban Renewal Authority.
Base flood:the 100—year return frequency flood,or
the flood having a 1%chance of being equalled or exceeded
in a given year.
Basement:that portion of a building as defined in the
latest edition of the Uniform Building Code adopted by the
town.
Board of Trustees:the Board of Trustees of the Town
of Estes Park,Colorado.
Building:any structure used or intended for supporting
or sheltering any use or occupancy.
Building,accessory:a building devoted exclusively to
an accessory use as herein defined,and not attached to a
principal building by any roofed structure.
Building height:the vertical distance from the average
of the finished ground level at the center of all walls of a
building to the highest point of the roof surface,exclusive
of chimneys,ventilators,pipes and similar apparatus.
Building,nonconforming:a building or structure or
portion thereof built prior to the effective date of the
ordinance codified in this Section or any amendment thereto
and conflicting with the provisions of this Title applicable
to the zoning district in which it is situated.
Bulk Storage:exposed outside storage of sand,lumber,
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coal,or other bulk materials,and bulk storage of liquids
in tanks (except underground as an accessory use)
Channel:a natural or artificial watercourse or drainway
of perceptible extent with definite bed and banks to confine
and conduct continuously or periodically flowing water.
Commercial accommodations:a building or group of build
ings containing guest units providing transient accommodations
to the general public for compensation,and as an accessory
use not more than a single dwelling unit.Includes hotel,motel,
tourist home,boarding house,lodging house,“bed and breakfast”
units and dormitories.
Common open space:the area of a unit development for
common use and enjoyment by the residents of the unit develop
ment including walkways,but not including off-street parking
areas,streets or driveways.
Courts:a space,open and unobstructed to the sky,bounded
on three or more sides by walls of a building.
Development:any manmade change to improved or unimproved
real estate,including but not limited to construction,demoli
tion,renovation,rehabilitation,mining,dredging,filling,
grading,paving,excavation,or drilling operations.
Dormitory:a multiple unit dwelling which does not contain
complete cooking and toilet facilities with each unit.
Drainway:a natural or artificial land surface depression
with or without perceptively defined beds and banks to which
surface runoff gravitates and collectively forms a flow of
water continuously or intermittently in a definite direction.
Dwelling:a detached building designed for,or occupied
by,one or more families.
Existing mobile home park and existing mobile home subdivision:
means a parcel or contiguous parcels of land divided into two or
more mobile home lots for rent or sale for which the construction
of facilities for servicing the lots on which the mobile homes
are to be placed,including,at a minimum,site grading or the
pouring of concrete pads,and the construction of streets,was
completed before January 9,1979.
Expansion of an existing mobile home park and expansion of
an existing mobile home subdivision:the preparation of addi
tional sites by the construction of facilities for servicing the
lots on which the mobile homes are to be placed,including the
installation of utilities,either final site grading or pouring
of concrete,or the construction of streets.
Family:any number of persons,including domestic employees,
living and cooking together on the premises as a single dwelling
unit,but excluding any group of more than three individuals not
related by blood or marriage.
Fill:a deposit of materials of any kind placed by
artificial means.
Flood:a rise in stream flow above the normal which
results in water flowing or standing beyond the banks of the
channel.
Flood Insurance Rate Map (FIRM):the official map on which
the Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applic
able to the community.
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Flood insurance study:the official report provided by the
Federal Insurance Administration that includes flood profiles,
the flood boundary—floodway map,and the water surface elevation
of the base flood.
Flood fringe:that portion of the floodplain inundated
by the 100-year return frequency flood not within the floodway.
Floodplain:the land adjacent to a body of water which
has been or may hereafter be covered by floodwater.
Flood profile;a graph or longitudinal profile showing
the relationship of the water surface elevation of a flood event
to location along a stream or river.
Floodproofing:combinations of structural provisions,
changes,or adjustments to a structure resulting in a structure
that is watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy.
Floodway:the channel of a river of other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Floor area:the area included within the surrounding
exterior walls of a building,exclusive of courts.
Floor area,gross:the sum of the gross horizontal areas
of the several floors of a building measured from the exterior
face of exterior walls,or from the centerline of a wall separat
ing two buildings,but not including interior parking spaces,
loading space for motor vehicles,any space where the floor—to—
ceiling height is less than six feet,or any area more than
50%below grade.
Front building line:the nearest portion of a building
to the front lot line of a lot,as such line is defined in
Chapter 16.08 of this code,including porches,balconies,
decks more than 30”above grade,eaves and signs,except
such signs as are permitted to extend beyond the building
line,as provided in chapter 17.66,and except unoccupied
architectural projections of such a building where specifically
authorized in this Title.
Garage,private:a building designed and used for the
housing of not more than three motor—propelled vehicles.
Garage,public:a garage other than a private or storage
garage,where motor vehicles are housed,equipped for operation,
repaired,or kept for remuneration,hire or sale.
High water line:the highest point subject to inundation
annually or more often.
Historic resources:Resources which have officially been
included in the National Register of historic places designated
by statute or included in an established list of places compiled
by the State Historical Society.
Hotels and motels:any building or portion thereof,
containing six or more guest rooms used,designed to be used,
let or hired out for occupancy by persons on more or less a
temporary basis.
Landscaping:the preservation of the existing trees,shrubs,
grass,and decorative materials on a lot,tract,or parcel of
land,or the rearrangement thereof or the modification thereof
by planting or installing more or different trees,shrubs,grass,
or decorative materials.
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Light manufacturing:mechanical or chemical transformation
of materials or components into new products,including fabrication,
processing,assembly,finishing,or packaging,provided that the
performance standards,bulk controls,and other requirements of
this Ordinance are met.
Lot:a continuous parcel of land undivided in its ownership,
available to be used,developed,or built upon as a unit.
Lowest floor:the lowest horizontal surface within a
structure,including basement.
Major alteration:physical changes to such extent that
the cost of those changes exceed half the replacement cost of
the area being altered.
Mobile home:a structure,transportable in one or more
sections which is built on a permanent chassis and is designed
to be used with or without a permanent foundation when connected
to the required facilities,not including recreational vehicles
or travel trailers.
Mobile home lot:a parcel of land for the placement
of a single mobile home and the exclusive use of its occupants.
Mobile home park:a single parcel of land which has been
planned and approved for the placement of mobile homes for
nontransient use.
Mobile home stand:that part of an individual lot which
has been reserved for the placement of the mobile home,appurtenant
structures or additions.
New mobile home park or subdivision:a parcel or contiguous
parcels of land divided into two or more mobile home lots for rent
or for sale for which the construction of facilities for servicing
the lot including,at a minimum,the installation of utilities,
either final site grading or the pouring of concrete pads and the
construction of streets is begun on or after January 9,1979.
Nonconforming Use:includes any legally existing use
whether within a building or on a tract of land,which does not
conform to the use regulations of this Title for the zoning
district in which such nonconforming use is located either at
the effective date of this Title or as a result of subsequent
amendments which may be incorporated into this Title.
Nonconforming building:includes any legally existing
building which does not conform to the applicable regulations
of this title for the zoning district in which such “noncon
forming building”is located,either at the effective date of
this Title or as a result of subsequent amendments which may be
incorporated into this Title.
Obstruction:any dam,wall,embankment,levee,dike,
pile abutment,projection,excavation,channel rectification,
bridge conduit,culvert,building,fence,rock,gravel,refuse,
fill,structure or matter in,regulatory flood hazard area which
may impede,retard or change the direction of water flow,either
in itself or by catching or collecting debris carried by such
water,or that is placed where the flow of water might carry
the same downstream to the damage of life and property elsewhere.
Off icial floodplain map:the map adopted by ordinance of
the Town of Estes Park,Colorado,as the official floodplain
map,or as the same is amended.
Property;real property,including improvements thereon.
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Rear building line:the outermost portion of a building
facing the rear lot line of a lot,as such line is defined in
chapter 16.08 of this code,including porches,balconies,decks
more than 30”above grade and signs,except such signs as
are permitted to extend beyond the building line,as provided
in chapter 17.66,and except the eaves of any building.
Recreational vehicles or travel trailer:a structure
designed for use as a temporary dwelling or sleeping accommodation
for travel,recreation and vacation uses,including,but not by
way of limitation,travel trailers,self—contained travel trailers,
pick—up campers,tent trailers and motorized homes.
Regulatory flood datum:the reference elevation above
mean sea level which represents the peak elevation of the
100—year return frequency flood.
Regulatory flood protection elevation:the elevation one
foot above the regulatory flood datum.
Retaining wall:a wall designed to resist the lateral
displacement of soil or other materials.
River hank:the boundary along the bank of a stream or
river at the high water mark.
River wall:an erection of stone,brick or other material,
raised to some height,and intended for the purpose of security
or enclosure of any river or stream.
Service building(within a mobile home park):a structure
housing toilet,lavatory and such other facilities as may be
required by this chapter.
Setback:the distance which any structures are required
to be set back from the property line of any property or
from any river banks or river walls.
Side building line:the outermost portion of a building
facing the side lot line of a lot,as such line is defined in
chapter 16.08 of this code,including porches,balconies,decks
more than 30”above grade and signs,except as provided in
chapter 17.66,and except the eaves of any building;provided
that the outermost portions of a building whose sideline
faces a street shall not include unoccupied architectural
projections of such a building which do not extend more than
four feet from the wall of such building and which provide a
minimum clearance of nine feet beneath such projections.
Street:any public or private thoroughfare which affords
a principal means of access to abutting property and including
such terms as “public right—of—way,”“highway”,“road”,and
“avenue”.
Structural alteration:any change in the supporting
members of a building,such as bearing walls,columns,beams,
or girders.
Structure:anything constructed or erected,the use of
which requires location on or in the ground,including buildings,
mobile homes,billboards,swimming pools,tanks,or the like,
or part thereof.
Substantial improvement:all repairs,reconstruction
and improvement of a structure,the total cumulative costs of
which repairs,reconstruction and improvement made after
January 9,1979,exceeds 50%of the market value of the structures
either before the improvement or repair is begun,or,if the
structure has been damaged and is being reconstructed,before
the same occurred.
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Tourist accommodation unit:a room,in a building,without
cooking facilities,which is designed for or occupied by any number
of persons temporarily residing together in the room as a single
unit,but shall not include a group of more than four individuals
not related by blood,marriage or adoption.
Underlying zoning district:the zoning districts set
forth in chapters 17.16 through 17.50 of this code which divide
the Town into zoning districts.
Unit Development:a project located on at least three
acres of land,including common open space for the mutual benefit
of the entire tract,and is designed to provide variety and
diversity through the variance of normal zoning and subdivision
standards so that maximum long range benefits can be gained and
the unique features of the development of site preserved and
enhanced,while still being in harmony with the surrounding
neighborhood.
Urban Renewal Plan:the Estes Park Downtown Redevelopment
Program adopted by the Board of Trustees of the Town of Estes
Park on May 24,1983,and any amendments thereto.
Use:the purpose for which land or premises or a building
thereon is designed,arranged,or intended,or for which it is
or may be occupied or maintained.
Use,accessory:an activity incidental to and located
on the same premises as a principal use conducted by the same
person or his agent.No use other than parking shall be con
sidered “accessory”unless functionally dependent on and occupying
less land area than the principal use to which it is related and
occupying less than one quarter as much habitable floor area as
that principal use.
Use,nonconforming:a use of land or building that does not
conform with any use authorized by the use regulations of the
district in which it is situated.“Nonconforming use”also means
the use of a structure or premises conflicting with the provisions
of this Title.
Yard:the open space of a lot not occupied by the
building or buildings.
Yard,front:a yard extending across the width of the
lot and measured from the front line of the lot to the nearest
line of the building.
Yard,rear:a yard extending across the width of the
lot and measured from the rear line of the lot to the nearest
line of the building.
Yard,side:a yard on each side of the building extending
from the front yard to the rear yard and measured from the side
of the 1t to the nearest line of the building.
Section 6.That Chapter 17.50 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
CHAPTER 17.50
BUILDING HEIGHT
17.50 Building height limit.Building height shall not
exceed thirty feet in any district,except as may be expressly
provided elsewhere in this Title.
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Section 7.That chapter 17.56 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended by
the deletion of said Chapter and substitution of the following:
CHAPTER 17.56
SPECIAL REVIEW PROCEDURES
17.56.010 Approval required.Uses permitted by special
review may be allowed in the designated districts upon approval
by the Board of Trustees following recommendation from the Town
Planning Commission and hearing by the Town Board.
17.56.020 Submittal.All applications for a use permitted
by special review shall be submitted in writing to the Town Planner
on an application furnished by him.The application will be
reviewed by the Planning Commission at its next meeting if sub
mitted twenty—one or more days prior to then,and if submittals
are determined by the Town Planner to be complete prior to that
meeting.
17.56.030 Application requirements.The application shall
be filed in duplicate,and shall be signed by the property owners
and lienholders or by their duly authorized representatives.A
mylar and twenty—one prints of a Concept Plan conforming to
Section 17.80.020 shall be filed with the application.
17.56.040 Planning Commission review.The Planning Commission
shall review the application,and shall report to the Board of
Trutees regarding each of the considerations cited in paragraph
17.56.060,A through E,not later than thirty—five days following
the meeting at which the application is first reviewed.
17.56.050 Town Board hearing.Before acting upon any
application under Special Review,the Board of Trustees shall hold
a public hearing upon it.Notice of such hearing shall be posted
on the property to which the application pertains,published at
least fifteen days before the hearing in the manner as is required
for amendments to ordinances,and sent postage prepaid to all
abuttors to the premises.The notice shall describe the proposed
use,the namue of the applicant,the date,time,and place of the
public hearing,and the place where additional information may be
obtained.
17.56.060 Town Board action.The Town Board shall take
action on the application following its hearing,considering the
report of the Planning Commission and the testimony received at
the hearing.The Board shall approve,approve with conditions,
or disapprove the application within sixty days following trans
mittal of the Planning Commission’s report.
Applications shall be approved only upon the Board of
Trustee’s determination that the proposal’s benefits to the
Town will outweigh any adverse effects for the Town or the
vicinity,after consideration of the following,among other things.
A.Suitability of the proposed location for this proposal
taking into consideration the following wherever germane:
(1)Nearby land uses,and whether they would be supported
by or damaged by having the proposed use nearby;
(2)Uses of the site and nearby areas which would be
displaced by or preempted by this use;
(3)Adequacy of roads,water,sewerage,and drainage
facilities serving the location;
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(4)Environmental characteristics of the site and
related areas,and the consequences of the development
as proposed for public safety and the natural environment;
B.Suitability of the specific proposed development
relative to other potential uses allowed by right
on the site,taking into consideration the locational
issues above;
C.The building and site design,and how well they:
Cl)Avoid visual,noise,or other intrusion into
adjacent premises or departure from the established
character of the vicinity;
(2)Avoid unnecessary damage to the natural environment
through design adaptation to the particularities of
the site,evidenced by minimization of cut and fill and
vegetation removal;
(3)Preserve views and vistas from public ways and other
properties;
D.The social,economic,or community needs which are
served by the proposal.
E.Consistency with district objectives as stated in this
Title.
F.Suitability of the specific proposed development
relative to areas containing historic resources
to minimize damage to those resources for future use.
17.56.070 Fees.Applicants for uses allowed under Special
Review shall be charged a filing fee of $50.00 to cover the cost
of advertising and processing,and shall reimburse the Town’s
costs for legal,engineering,and planning costs incurred by
staff and consultants necessary for the review.
17.56.080 Attorney’s letter of certification.Before the
Board of Trustees will consider any special review application
for final approval,there must be filed with the Town Planner a
letter certifying that all of the persons having any record
interest in the real property described in such application,
and the concept plan pertaining thereto,have signed the
same.Said letter must be dated the day upon which the
Board of Trustees is to consider the application and concept
plan for final approval.Such letter must be signed by an
attorney duly licensed to practice law in the state.
Section 8.That Title 17 of the Municipal Code of the Town
of Estes Park,Colorado,shall be amended by the deletion of
17.60.020 through 17.60.080,and substitution of the following:
17.60.020 Applicability and requirements.Planned unit
developments may be authorized on Special Review by the Town
Board in the R,R—l,R—2,R—3,C—D,C—O,E,E—l,E-2,and 1—1
zoning districts,as provided in this Chapter.The uses permitted
in a planned unit development are only those otherwise permitted
or permitted by special review at that location.The standards
of Section 17.60.090 shall apply in lieu of the lot area,lot
width,and setback requirments otherwise applicable.
17.60.030 Initial conference.Prior to the filing of a
concept plan or any documents provided for in this Chapter,the
landowners or their duly authorized representative shall have a
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conference with the Town Planner in order for the landowners to
become acquainted with the planned unit development procedures
and related Town requirements.
17.60.040 concept plan submittals.Applicants for
approval of a planned unit development shall submit the
following to the Town Planner,as provided at Section 17.56.
1.A mylar and twenty—one prints of a concept plan
complying with Section 17.80.020.
2.Twenty—one copies of a statement of intent.The state
ment of intent shall set forth the objectives of the
development including,but not in limitation,of
the following:
Major earth movement;
changes in the landscape or scenic views;
A concise description of how uses are intended to
relate;
The design goals and criteria;
How various areas will be developed (individual
sales of lots and construction by owners thereof,
areas to be developed by subdivider,etc.);
How open spaces are to be owned and maintained;
Whether open spaces are to be open to public access
and use,or limited to access and use by landowners
and their invitees,or limited to a scenic easement;
Whether access to the improvements is to be by
public or private ways and how such access is to be
owned and maintained;and
A schedule of development.
3.A list of the owners of properties abutting the
premises,and their addresses.
17.60.050 concept plan review,concept plan review
and decision procedures and criteria shall be as provided at
Section 17.56.
17.60.060 Development plan.To be valid,a development
plan for planned unit development must be submitted within six
months of concept plan approval.The application must be signed
and consented to by all of the owners and lienholders of the
property to be included in the planned unit development.A
final subdivision plat in the form required by Title 16 of this
code may be filed therewith or may be submitted to the Planning
Commission at the Planning commission meeting at which the
development plan is to be reviewed.If the planned unit develop
ment is to include a subdivison of the property,as defined by
Section 16.08.250,a subdivision plat must be approved before
any sale of property is completed.Application for development
plan approval shall be submitted through the Town Planner,and
shall comprise the following:
1.Three mylars and twenty—one copies of a development plan
complying with Section 17.80.030.
2.A statement of intent as described at Section 17.60.040.
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3.A statement of the owners and lienhholders of all
the land included in the planned unit development.
4.A list of the owners of properties abutting the
premises,and their addresses.
5.Copies of any special agreements,conveyances,restric
tions,covenants,and the certificate,articles of
incorporation,and bylaws of the nonprofit owner
corporation which will govern the use,maintenance,
and continued protection of the planned unit develop
ment and of any of its common areas.
17.60.070 Development plan review.The procedures for
Planned Unit Development Plan review shall be as provided in
17.72.090.
Section 9.That Section 17.60.090 (6)of the Municipal
Code of the Town of Estes Park,Colorado,shall be amended to
read as follows:
6.The board of trustees must be satisfied that the
development plan for the planned unit development has met each
of the following criteria,or determine that one or more of
them is not applicable,and that a practicable solution consistent
with the public interest has been achieved for each of these
elements:
Section 17.60.090 (6)(a)thru (h)remain the same.
Section 10.That Section 17.60.100 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.60.100 ownership and maintenance of common open space.
The landowners within a planned unit development shall provide
for and establish a state nonprofit corporation for the ownership
and maintenance of any common open space and use areas within such
development,including,but not limited to,the construction and
maintenance of all walkways located therein in accordance with
standards and materials approved by the town.Further,the
developer shall include within the protective covenants for the
planned unit development a statement that any unpaid assessment
for operation of the nonprofit corporation pursuant to the bylaws
thereof shall become a lien against the property within the
planned unit development owned by the individual or individuals
who fail to pay the assessment,with such lien subject to fore
closure pursuant to the lien foreclosure laws of the
state.The nonprofit corporation shall have been formed and
the protection covenants drafted by the time the applicant’s
formal application,development plan,and statement is considered
by the board of trustees.At that time,the board of trustees
shall have a right to refer the nonprofit corporate documents,
including certificate of incorporation,articles of incorporation,
and bylaws together with the proposed protective covenants to the
town attorney for his review.Furthermore,in the event
that the organization established to own and maintain common
open space fails at any time after establishing the planned
unit development to maintain the common open space and walk
ways located therein in reasonable order and condition in
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accordance with the plan and with the materials and standards
approved by the town,the town may enforce the maintenance of
the same pursuant to Colorado Revised Statutes 1973,Section
24—67—105 (6),and pursuant to any other applicable law,
regulation or ordinance.
Section 11.That Section 17.60.120 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.60.120 Development in stages and completion requirements.
All approved planned unit developments must be completed within
the time schedule shown on the development plan pertaining to
such developments.The time for completion shall begin on the
date the board of trustees gives final approval to the plan.
If such developments are to be developed in stages,construction
on each stage must be started and completed within the time
schedule shown on the development plan pertaining thereto.If
the applicant does not begin and substantially complete a planned
unit development or any stage thereof within the foregoing time
limits,the town planner shall review the planned unit
development and may recommend to the planning commission and the
board of trustees that time for completion thereof be extended,
that the approval of the planned unit development be revoked,
or that the planned unit development development plan be amended.
Section 12.That Section 17.60.150 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.60.150 completion of a planned unit development.
The town planner shall issue a certificate certifying
the completion of each planned unit development,and shall
note the issuance of the certificate on the development plan
filed with the town clerk.After completion,the use of land
and the construction,modification,or alteration of any
buildings within the planned unit development will be governed
by the approved development plan.
Section 13.That Section 17.60.160 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.60.160 Subdivision and resale.A planned unit development
may be subdivided or resubdivided for purposes of sale or lease.
An application for approval of the subdivision or resubdivision
must be made if the subdivision or resubdivision will create a new
lot line.The procedures applicable to the initial approval of
a concept plan followed by formal application of a planned unit
development are also applicable to the approval of a subdivision
of a planned unit development.The subdivision or resubdivision
may be approved if it does not increase the dwelling unit density
of the planned unit development and if the planned unit develop
ment,following the subdivision or resubdivision,is in compliance
with the standards for planned unit developments provided in
this chapter.
Section 14.That Section 17.28.080 (A)of the Municipal
Code of the Town of Estes Park,Colorado,shall be amended to
read as follows:
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17.28.080 Applications.A.Application Requirements.
All applications for construction,establishment or alteration
of mobile home parks within the town shall be made in writing to
the town planner and shall contain the following information and
conform to the following requirements:
1.Name and address of the applicant;
2.Designation of all persons having an interest in the
mobile home park and a description of said interest;
3.Location and legal description of the mobile home
park;
4.A mylar and twenty—one prints of a Development Plan
conforming to Section 17.80.030.
Section 15.That Chapter 17.72 of the Municipal Code of
the Town of Estes Park,Colorado,shall be amended by the
addition of a new Section 17.72.090,to read as follows:
17.72.090 Development plan review.
1.Purpose.The purposes of Development Plan review are
as follows:
(a)To establish the criteria for review and develop
ment of certain developments;
(b)To further the public health,safety,and general
welfare in an era of increasing demand for housing
and services of all types;
(ci To encourage the planning of individual develop
ments consistent with the goals and objectives
of the Town’s comprehensive plan.
2.Applicability.
(a)The provisions of the chapter shall apply to all
Planned Unit Developments and to all other
developments in the C—D and C—O zoning districts
if said developments result in ten or more
parking spaces on the premises or construction
of or major alteration to 2,000 square
feet of floor area,if that development also
entails alteration to the number of parking
spaces,or to the configuration of parking,
egress,water,sewer,drainage,or
lighting on the premises.
(b)The provisions of this chapter shall also apply
to all subdivisions having more than one
building per lot or having more than
four dwelling units per building in R-2,
R-3,C—D,C-C and I districts of the town.
3.Procedure.
(a)Applicants for building permits subject to
Development Plan Review shall submit to the town
planner twenty—one copies of a written statement
of intent and a mylar and twenty—one copies
of a Development Plan conforming to the
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requirements of Section 17.80.030.The
Building Inspector shall not approve any such
plan approval of the Planning Commission unless
sixty days lapse from the date of submittal
of plans to the Town Planner without receipt
of notice of action from the Planning Commission.
(b)Where the use requires Special Review,the
applicant may also seek Development Plan approval
by submitting both a Special Review application
and a Development Plan.The review of the Special
Review application and development plan shall be
concurrent.
4.Written statement of intent.The written statement
of intent shall describe the proposed project or
development relative to ownership of the property,
proposed uses,architectural features of proposed
buildings,any special elements of proposed develop
ment,any development phases and expected timing,and,
in general,how the proposed development relates to
the purposes and objectives of the development plan
review procedure.
5.Planning Commission Review.
(a)The Planning Commission shall review the applica
tion,development plan,and written statement of
intent,and shall approve it if it finds it to be
in conformity with the Zoning Ordinance,Specific
review criteria to be used in this review shall
be the following:
Cl)Parking:compliance with Chapter 17.54.
(2)Surfacing:All parking areas,driveways
and streets shall be surfaced with at least
two inches of asphalt or four inches of
concrete over a suitable base;
(3)Access:Safe and convenient for vehicles
and pedestrians,for fire and police pro
tection,and for normal municipal services;
(4)Fire:Needed fire flows and hydrant distri
bution shall be as required by the latest
Insurance Services Office “Fire Suppression
Rating Schedule”unless approved by the Town’s
consulting water engineer or fire department
representative;
(5)Utilities:Sizes,standards and easements
as recommended by the various utility agencies;
(6)Drainage:as required by Section 17.54.050.
(7)Landscaping:as required by Section 17.54.020.
(b)The Planning Commission approval may be conditioned
by such safeguards and revisions considered necessary
by the Commission to protect the health,safety,
and welfare of the community.
6.Changes.
Minor changes in location,siting,fencing,landscaping,
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or character of buildings may be authorized by the
town planner if required by engineering or other
circumstances not foreseen at the time of final
approval.No change may increase the size of any
building or structure or change the location of the
building,parking,or access roads by more than
ten feet.Any such change must be requested in
writing with the basis for the change given.Any
change shall be recorded on the file copy of the
Development Plan with the town planner’s signature
and the date.In the event the town planner refuses
such change,his refusal may be appealed to the
Planning Commission at their next regular meeting.
7.Appeal.
In the event that the Planning Commission denies
any development plan or part thereof,the applicant
may appeal said denial to the town board.Notice
of said appeal shall be in writing delivered to the
town clerk within twenty days of the decision of the
Planning Commission.
8.There shall be no work,including excavation or site
preparation,on any lot or parcel within the town of
Estes Park on any improvement that is subject to the
provisions of this section prior to the final approval
of a Development Plan.
Section 16.That 17.76.070 (A)and 17.76.070 (C)of
Title 17 of the Municipal Code of the Town of Estes Park,
Colorado,shall be amended to read as follows:
17.76.070 Authority review.
A.Within twenty—one days of receipt of an application
and other submittals determined by the Executive Director to be
complete,the authority shall hold a public hearing to
review the Concept Plan as to compliance with the Urban
Renewal Plan.The authority shall work with the developer
to facilitate achieving his interests in a way consistent
with the Urban Renewal Plan.Notice of the hearing shall be
given by publication at least seven days prior to the hearing.
The authority shall make a decision at the close of the
hearing,or within fourteen days subsequent thereto,as to
whether or not the development is in conformance with the
provisions of the Urban Renewal Plan.The fourteen day period
may be extended for an additional twenty—one days at the
request of the applicant or of at least half of the owners
of land abutting side and rear property lines combined.If
the authority approves the application,the property shall
be developed in accordance with the application subject to
any applicable restrictions,zoning and/or regulations of
the Municipal Code of the Town of Estes Park.
C.If the authority does not approve or disapprove the
application within the period set forth in 17.76.070,including
extensions,the application shall be deemed approved as submitted.
Section 17.That Title 17 of the Municipal Code of the
Town of Estes Park,Colorado,shall be amended by adding
Chapter 17.80,to read as follows:
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CHAPTER 17.80
CONCEPT AND DEVELOPMENT PLANS
17.80.010 Applicability.Wherever in Title 17 a Concept
Plan or Development Plan is required,they shall conform to the
following.
17.80.020 Concept plan.A Concept Plan shall be prepared
by a professional engineer and/or architect licensed to practice
in Colorado,and shall consist of the following unless omission
of certain items is authorized by the Town Planner in advance
of submittal:
1.A schematic site plan at 1”=100’or other scale
approved by the Town Planner on a sheet at least
24”x 36”specifying location of the boundaries of
the premises and zoning district boundaries,and
indicating in a general manner any internal lot or
plot lines,topography and grading,base flood
elevations and floodways,approximate building
shape and location,land and building use,roads,
drives,walkways,parking,loading,service areas,
water supply,sewage disposal,storm drainage
system,areas of retained vegetation,major plant
ings,and deed restricted or other reserved open
space.Such plan shall include the entire contiguous
area in the same ownership,unless the town planner
authorizes a smaller area because of unusual circum
stances,such as extensive undevelopable area.Such
plan shall include a vicinity map.
2.schematic floor plans,architectural elevations and
cross sections of typical buildings at 1/16”=l’—O”
or larger scale,unless the town planner authorizes
omission because building designs are not under the
applicant’s control and are not necessary for evaluating
the proposal.
3.Materials indicating the proposed maximum gross floor
area for each category of activity;time schedule or
phasing for construction of buildings and improvements;
and service improvements proposed at the applicant’s
expense and those anticipated at the town’s expense.
4.If involving more than 50,000 square feet gross floor
area,a simple study model of the buildings and site.
17.80.030 Development plan.
A.A Development Plan shall be prepared by a professional
engineer and/or architect licensed to practice in Colorado,
and shall consist of the following:
1.A detailed site plan at 1”=50’or other scale
approved by the town planner on a sheet at least
24”x 36”specifying location of the boundaries of
the premises;zoning district boundaries;internal
lot or plot lines and numbers;existing and proposed
topography;base flood elevations and floodways;
buildings;land and building use;roads,drives,
and walkways,indicating widths;parking,loading,
and service areas;location and description of water
supply,sewage disposal,electric distribution,and
other utilities;storm drainage system;areas of
retained vegetation and major plantings;deed re
stricted or other reserved open space;fences and
screening;signs,outdoor lighting;and development
phasing,and shall provide a signature block for the
owner and lienholders and another for the Planning
Commission to endorse its approval.Such plan shall
include a vicinity map.
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2.Floor plans,architectural elevations,and cross
sections of typical buildings at 1/4”=l’—O”or
other scale approved by the town planner.Where
building designs are to be made only at a later
stage (e.g.some Planned Unit Developments),maximum
building height shall be indicated on the site plan
in lieu of this requirements.
3.A stormwater management plan,including graphic
indication of tributary areas,drainage facilities,
and erosion control devices,and nomographs and
calculations supporting system design.
B.For development proposed to proceed in stages,detail
for later stages shall be shown to the degree necessary for
evaluation of the stage currently proposed and its integration
with the later stages.
C.Applicants for uses requiring a Development Plan shall
be charged a fee of $50.00 to cover the cost of advertising
and processing,and shall reimburse the town’s costs for legal,
engineering,and planning costs incurred by staff and consultants
necessary for the review.
Section 18.That Section 17.72.050 of the Municipal
Code of the Town of Estes Park,Colorado,shall be amended
to read as follows:
17.72.050 changes and amendments.The board of trustees
may,from time to time,on its own motion,or on petition,
after public notice and hearings as provided by law,amend,
supplement or change the boundaries or regulations herein pro
vided,or subsequently established.All petitions shall be
filed with the town planner.A fee of twenty—five dollars
shall be paid to the clerk for publication costs.
Section 19.That Section 17.76.020 of the Municipal
code of the Town of Estes Park,Colorado,shall be amended
to read as follows:
17.76.020 Applicability.The provisions of this chapter
shall apply to all development of property that meets the
following criteria:
1.All properties designated in the acquisition plan
(Figure 6)and/or in the redevelopment projects (Figure 8)
intended for land agreements,acquisition,redevelopment
(Projects 1—7),or public/private development (Projects A-C)
as set forth in the urban renewal plan;
2.All property in which the existing structure is renovated,
rehabilitated or enlarged at a cost that is equal to or greater
than fifty percent of the actual value of the property as determined
by the assessed valuation;
3.All development of ten thousand square feet or more
of floor area in any improvement;
4.All vacant parcels or lots.
Section 20.That 17.76.030 of the Municipal Code of
the Town of Estes Park,Colorado,shall be amended to read as
follows:
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17.76.030 Submittal.All applications for approval of a
development shall be submitted to the authority.Said submittal
shall include a written statement of intent and a mylar and
twenty-one prints of a concept plan complying with Section
17.80.020.The application shall be on a form furnished by
the authority and signed by all property owners and lienholders,
or by their duly authorized representatives,as evidenced by a
duly executed and acknowledged power of attorney,a copy of which
shall accompany the application.The submittal of the above
shall be at least twenty—one days before a regular meeting of
the authority.
Section 21.That Section 17.76.040 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.76.040 Fees.Applicants for authority review shall pay
a filing fee of $50.00 at the time of application to cover the
cost of advertising and processing,and shall reimburse the Urban
Renewal Authority’s expenses for legal,engineering,and planning
costs incurred by staff and consultants necessary for the review.
Section 22.That Section 17.76.050 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.76.050 Written statement of intent.The written state
ment of intent shall describe the proposed development relative
to ownership of the property,proposed uses,architectural
features of proposed buildings,any special elements of proposed
development,any development phases and expected timing,and,
in general,how the proposed development relates to the purposes
and objectives of the Urban Renewal Plan and other information
as may be required to describe objectives of the development.
Section 23.That Section 17.76.090 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.76.090 Amendment.Upon approval of an application,the
property shall be improved or developed in accordance with the
approved plan.Minor departures from the concept plan may be
made if authorized in writing by the Executive Director of the
authority.Among other things,any increase in the number of
dwelling or guest units,any change of 10%or more in floor area,
building footprint,number of parking spaces,setback dimension,
building height,or building separation,and any change of six feet
or more in horizontal location of drives or access points shall not
be considered minor departures.Any other than minor departures
shall be allowed only by amendment to the application approved
by the authority,and must receive the same review as an initial
review under the terms and conditions of this chapter,unless the
authority,with the concurrence of the town administrator and
town planner,determines that the amendment does not entail
substantial change from the approved concept plan,and that
procedural delay would jeopardize the viability of the proposal.
Section 24.That Section 17.76.060 of the Municipal Code
of the Town of Estes Park,Colorado,is hereby deleted in its entirety.
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Section 25.That Chapter 16.44 of the Municipal
Code of the Town of Estes Park,Colorado,is hereby deleted in
its entirety.
Section 27.That Chapter 17.08 of the Municipal Code
of the Town of Estes Park,Colorado,as more fully set forth
in this ordinance,shall include the following:
17.08.040 Effect of definitions.The definitions containedinSection17.08.030 shall replace and govern over any otherdefinitionofthesamewordorphraseasthesameisdefinedinanyotherSectioninTitle17oftheCode.
Section 27.The Board of Trustees of the Town of Estes
Park,Colorado,herewith finds,determines and designates
that this Ordinance is necessary for their immediate preservation
of the public peace,health and safety,in order to provide for
uniform zoning regulations;and whereas,in the opinion of
the Board of Trustees,an emergency exists,this Ordinance
shall take effect and be in force immediately after its
passage,adoption and signature of the Mayor.
Mayor
I hereby certify that the above Ordinance was introduced
and read at a regular meeting of the Board of Trustees on the
4,
/1day of cc/,1985,and published in a newspaper
of general circulation in the Town of Estes Park,Colorado.
lLLC
Town Clerk
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LEGAL DESCRIPTIONS
A.C—D,Downtown Commercial District.
1.All the lands located in Blocks 1,2,3,4,5,6,7,8
and 11,town of Estes Park,according to the second amended plat
thereof,Lot 27 of Block 10,town of Estes Park,according to the
second amended plat thereof;that certain tract of land platted
on the second amended plat of the town of Estes Park,as a park;
also that unnamed tract of land bounded on the west by the
easterly line of Block 11,on the south by Elkhorn Avenue,and on
the north and east by Black Canyon Creek;also that unnamed tract
of land located in the town of Estes Park and bounded on the west
by the east line of Block 4,on the north by Elkhorn Avenue,on
the south by the Big Thompson River,and on the east by the inter
section of Elkhorn Avenue with the Big Thompson River,all as
shown by the seconded amended plat of the town of Estes Park;Lots
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,
20,29,30,31,32,33,34,35,36,and Lots 37,38,39,40 and 42
of Riverside Subdivision;Lot 18 of Block 10,town of Estes Park;
Lots 1A,2A,3A,4A,5A,6A,7A,BA,9A,bA,hA,12A,l3A,14A,
l5A,16A and 5 of First Resubdivision of Buenna Vista Terrace as
shown by the recorded plat thereof;Hupp’s Addition and Resubdivi—
sion;also that unnamed tract of land located in the town of Estes
Park and bounded by Fall River on the south and west,the Second
Amended Plat of the town of Estes Park on the north,and Wiest
Drive on the east;
2.Lot 7 of Piltz Resubdivision of Lot 23 in Block 10 and
Lot 5 of Piltz Resubdivision of Lots 23 and 26 in Block 10 and Lot
25 in Block 8,all in the town of Estes Park,Colorado;
3.Tract 1 of Stanley Addition;
4.Lots 1,2,3,4,5 and 6 of subdivision of Lot 17,Block
10,in the town of Estes Park,Colorado;
5.Those portions of Riverside Subdivision described as
follows:
a.Beginning at the northwest corner of Lot 29,of
Riverside Subdivision;thence North 82°42’West fifteen feet to
an iron pin marking the east boundary of East Riverside Parkway;
thence North 82°42’West 31.63 feet to the west boundary of East
Riverside Parkway the true point of beginning;thence South
25°45’West 75 feet along the west boundary of East Riverside
Parkway;thence leaving the west boundary of East Riverside
Parkway North 82°42’West to the Big Thompson River;thence along
the Big Thompson River to a point which bears North 82°42’West
from the point of beginning;thence South 82°42’East to the true
point of beginning,
b.Beginning at the NW corner of Lot 29,Riverside
Subdivision,a plat of record,Estes Park,Colorado;thence N
82°42’P1 a distance of 15.0 feet to an iron pipe marking the
easterly boundary of East Riverside Parkway;thence N 82°42’W a
distance of 31.63 feet to the westerly boundary of East Riverside
Parkway;thence S 25°45’W a distance of 75.0 feet along the
westerly boundary of said parkway to the true point of beginning;
thence S 25°45’P1 along the west side of East Riverside Parkway
88.6 feet;thence N 64°15’W,parallel to and 10 feet south of
the existing building line,a distance of 50.0 feet more or less
to the easterly bank of the Big Thompson River;thence north
easterly along the Big Thompson River to a point that is N 82°42’
W from the true point of beginning;thence S 82°42’E to the true
point of beginning,
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c.That portion of the SW 1/4 of NE 1/4 of Section 25,
Township 5 North,Range 73 west of the 6th Pal.,located within
the town of Estes Park,Colorado,described as follows:Commenc
ing at the NW corner of Lot 29,Riverside Subdivision,a plat of
record,Estes Park,Colorado;thence N 82 degrees 42’W,a
distance of 15.0 feet to an iron pipe marking the easterly
boundary of East Riverside Parkway,thence N 82 degrees 42’W,
31.63 feet along the northerly line of Lot 29,Riverside
Subdivision extended westerly to the westerly boundary of East
Riverside Parkway as reconstructed;thence along said westerly
boundary S 25 degrees 45’ic,a distance of 163.6 feet to the true
point of beginning;thence S 25 degrees 45’W,a distance of 89.4
feet to the intersection of East Riverside Parkway and the south
line of Lot 28,Riverside Subdivision extended westerly;thence N
82 degrees 42’West to the east side of the Big Thompson River;
thence northeasterly along the Big Thompson River to a point that
is 13 64 degrees 15’W,a distance of 50.0 feet,more or less,from
the true point of beginning;then S 64 degrees 15’E to the true
point of beginning,Larimer County,Colorado;
6.Commencing at the southwest corner of Lot 16,Block 10,
town of Estes Park,Larimer County,Colorado,as shown on the
second amended plat thereof and as monumented by a town of Estes
Park brass—capped monument bearing N25°21’27”E a distance of
734.00 feet from the U 1/16th corner of the NE 1/4 of Section 25,
T5N,R73W of the 6th P.M.as monumented by a town of Estes Park
brass—capped monument (all bearings contained herein are relative
to the west line of the SW 1/4 of the NE 1/4 of said Section 25
considered as hearing S00°14’15”E);thence N88°51’52”W 20.0 feet
along the north line of Lot 19,Block 10,to the true point of
beginning;thence N54°15’56”E 50.00 feet;thence S88°51’52”E
118.19 feet to a point on the westerly right—of—way of Virginia
Drive;thence southerly on a curve to the right having a central
angle of 06°53’32”and a radius of 250.0 feet for a distance of
30.07 feet,the resultant chord being S02°18’38”E 30.05 feet;
thence N88°51’52”W 141.32 feet along the south line of Lots 16
and 15,Block 10 to a point bearing N88°51’52”W 1.32 feet from
the SE corner of said Lot 15;thence S00°45’08”W 100.00 feet
along the west line of Lot 18,Block 10;thence N88°51’52”W 25.0
feet;thence N00°45’08”E 100.0 feet;thence S88°51’52”E 6.32 feet
along the north line of Lot 19,Block 10 to the true point of
beginning;
7.That portion of Section 25,Township 5 North,Range 73
west of the 6th P.M.being more particularly described as being
that portion of the following described property lying northerly
and easterly of Black Canyon Creek:Commencing at the northeast
corner of said Section 25;thence N 00°05’E along the east line
of the SE 1/4 of Section 24,T5N,R73W of the 6th P.M.a distance
of 40.70 feet to a point on the northerly right—of—way line of
U.S.Highway 34;thence along said right—of—way line S 55°10’30 W
a distance of 1152.39 feet;thence continuing along said right—
of-way line a distance of 120.57 feet along the arc of a non—
tangent curve to the right to the true point of beginning,said
curve has a delta angle of 10°31’34”,a radius of 656.30 feet and
is subtended by a chord which bears S 60d1301h W a distance of
120.40 feet;thence continuing along said right—of—way line a
distance of 76.23 feet along the arc of a curve concave to the
northwest,said curve has a delta angle of 06°39’17”,a radius of
656.30 feet and is subtended by a chord which bears S 68°48’25”U
a distance of 76.19 feet;thence continuing along said right—of-
way line S 17°41’39”E a distance of 29.42 feet to a point on the
northerly right-of—way line of Elkhorn Avenue;thence S 72°18’21”
W a distance of 97.84 feet northerly right—of—way line of Elkhorn
Avenue;thence N 17°41’39”U a distance of 328.97 feet along the
East line of that tract described in Book 1353 at Page 339 of the
Larimer County Records to a point on the boundary of the Stanley
Addition;thence N 71°54’E a distance of 257.70 feet;thence S
00°37’W a distance of 227.46 feet;thence S 09O00 E a distance
of 81.72 feet to the true point of beginning;
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8.Lot 16,and the east 30 feet of the south 95 feet of Lot
15,Block 10,town of Estes Park,Colorado,as shown on the second
amended plat thereof except:Commencing at the southwest corner
of Lot 16,Block 10,town of Estes Park,Larimer County,Colorado,
as shown on the second amended plat thereof and as monumented by a
town of Estes Park brass—capped monument bearing N25°2l’27”E a
distance of 734.00 feet from the W 1/16th corner of NE 1/4 of
Section 25 T5N,R73W of the 6th P.11.as monument”d by a town of
Estes Park brass—capped monument (all bearings contained herein
are relative to the west line of the SW 1/4 of the NE 1/4 of said
Section 25 considered as bearing S00°14’15”E);thence N88°51’52’W
20.0 feet along the north line of Lot 19,Block 10,to the true
point of beginning:thence N54°15’56”E 50.00 feet;thence
S8851’52”E 118.19 feet to a point on the westerly right—of—way of
Virginia Drive;thence southerly on a curve to the right having a
central angle of 06°53’32”and radius of 250.0 feet for a distance
of 30.07 feet,the resultant chord being S02°18’38”E 30.05 feet;
thence N88°51’52”W 160.00 feet along the south line of Lots 16 and
15,Block 10 to the true point of beginning.
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B.C—C,Outlyin9 Commercial District
1.Lot 25,Lake View Tracts;
2.Out Lot 1 of Country Club Manor Addition;
3.Lot 12,Moccasin Addition;
4.All the lands in Lee and Alps Addition;
5.Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,
15,16,17,18 and 19 of Deville Subdivision;
6.All the lands included in Lots 1 to 23,inclusive
of the Quasebarth Resubdivision;
7.All the lands within Lone Pine Acres Addition;
8.The following lots within First Addition to Lone
Pine Acres Addition:Lots 1,2 and 3 of Block 4 and Lots 1
and 2 of Block 8;
9.Lots 41,42 and 43 of Little Prospect Mountain
Addition;
10.Lots 1,2,16,17,30,31,34,35,36 and 37 of
White Meadow View Place Addition;
11.All of Block 1,and Lots 7,8,9,10 and 12 of
Block 2 of Reclamation Subdivision;
12.The south 25 feet of Lots 1 and 2,the south 27
feet of Lot 4,Lots 5,6 and 11 all in Block 2 of Reclamation
Subdivision,a subdivision of a portion of Little Prospect
Mountain Addition;
13.Tracts 2,3 and 4 of Stanley Addition;
14.All the lands located in Block 9,Second Ainended Plat
of the Town of Estes Park;Lots l7A,l7 18,21,22,23 and 24
of Sunny Acres Addition;Lots 1,2,3 and all that part of Lot 4
of Stanley Meadows Addition not included within the Lake View
Tracts Subdivision;
15.All the lands included in Manford Addition;
16.Block 1 and that portion of Block 2,West Park Center
Resubdivision lying south of the following described line:
Beginning at a point from whence the northeast corner of said
Block 2 bears North 00°05’East 180.26 feet;thence N 47°55’30”
W 40.58 feet;thence N 89°39’SS”W 32.79 feet;thence N 63°47’23”
W 41.97 feet;thence N 35°0545”W 92.24 feet;thence N 440581191?
W 47.70 feet,thence N 48°28’54”W 58.97 feet more or less to
the Northwest corner of said Block 2;
17.Beginning at the N 1/4 Corner of Section 25,Township
5 North,Range 73 West of the 6th P.M.,thence N 89°31’SO”West
(bearing referred to True Meridian),1327.63 feet along the North
line of said Section 25 to the Northwest Corner of the NE 1/4 of
the NW 1/4 of said Section 25 as marked by a 1 1/2”hexagonal bolt
marked 1/16th;thence S 0°50’30”East 678.85 feet to a 1’cross
chiseled in a granite ledge;thence S 0°06’20”East 105.11 feet
to the true point of beginning;thence S 0°06’20”East 86.81 feet;
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thence S.5°14’East 60.00 feet to a point on the approximate
centerline of Fall River;thence N 22°00’East 23.09 feet
along the approximate centerline of Fall River;thence
N 89°23’East 63.85 feet;thence N 00381501?West 15.03 feet
to a point on the approximate centerline of Fall River;
thence along the approximate centerline of Fall River as
follows:N 88°08’30 East 73.34 feet to a point of curve
right;thence southeasterly 69.37 feet along the arc of said
curve to the right to a point tangent,said curve having a
radius of 53.00 feet and a delta angle of 75°;thence S 17°
35’East 81.58 feet to a point of curve left;thence Easterly
67.54 feet along the arc of said curve to the left to a
point tangent,said curve having a radius of 45.00 feet and
a delta angle of 86°;thence N 76°25’30”East 49.03 feet to a
point on the Westerly line of Prospect Drive in the Town of
Estes Park,Colorado,as marked from existing survey monuments;
thence Northeasterly 207.69 feet along the arc of a curve to a
point of compound curve,said point being marked by a 1”iron pipe
with cap and said arc being concave to the East with a radius of
447.72 feet and being subtended by a chord bearing N 18°21’40”
East (bearing referred to True Meridian),205.85 feet;thence
Northeasterly 34.81 feet along the arc of a curve to the right,
said curve having a radius of 255.00 feet and being subtended
by a chord bearing N 35°33’30”East 34.78 feet;thence N 87°37’
West (bearing referred to True Meridian),415.39 feet to the
true point of beginning,Larimer County,Colorado;
18.Lots 1,2,and 3 of saint Vram Center subdivision;
19.Tracts 1,2,3,4,5,6,7,8,9,10,11,12,13,14,
15 and 16 of Beaver Point First Addition to the town;
20.Tracts 1 through 19 of Beaver Point Second Addition
of the town;
21.Lots 1,2,3,4,5,6,7,8,and 9 of Prospect Village
Subdivision.
22.Lots 1,2,44 and 45 of Little Prospect Mountain
Addition,except the westerly 75 feet of Lot 2,and except
the southwesterly 125 feet of said Lots 1 and 2,which 125—foot
strip is adjacent to Stanley Circle Drive;
23.All the lands in Block 12,town of Estes Park,together
with all the land in Blocks 1 and 2 of Birch Addition to the
town of Estes Park;
24.All the lands included in Lots 1,2,9,10,11,15,
16,17,18,22,28,29,30,31,32,33,34,35,36 and 51 of
Grand Estates Addition;
25.All the lands included within the Tallant Addition;
26.All the lands included in the Country Club Addition;
27.All lands included within Community Addition,except
the following:commencing at the northeast corner of the south
east quarter of section 30,Township 5 North,Range 72 West of
the 6th P.M.,South 0024T East 572 feet,North 89°ll’West
1304 feet to the one—sixteenth section line,thence South 0°7’
West 1060 feet to the true point of beginning;south 0°?’West
563.5 feet,south 89°0l’East 1889.7 feet to the intersection
of the westerly right-of—way of Fish Creek Road,said point
also bears North 54°25’East 706.5 feet from Southeast corner
of section 30,thence along Fish Creek Road right-of-way North
90°41’East 604.3 feet,to southeast corner Estes Park School
District land,thence west 1990 feet to the true point of
beginning;
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28.All the lands included within the Elkhorn Addition;
29.All the lands included within Lots 1,2,3,4,20,21 and 22 of Lake View Tracts Subdivision;
30.All the land within the Neyer Addition;
31.Lot 2,Livingston Lake Subdivision;
32.Tracts 21,55,56,57,58,59,61,62,63,65,66,and 79,Fall River Addition and Lots 1 through 17,both inclusive,of Elkhorn Estates Subdivision;
33.Lot 34,except the easterly one hundred sixty—fivefeetthereof,Bonnie Brae Addition;
34.Fall River Estates Third Addition to the town ofEstesPark,Colorado;
35.All of the lands included within the Binns Addition;
36.Lot 2,Rock Acres Subdivision and Lot 3,Rock AcresSubdivisionexceptthewest100feetthereof;
37.Lot 44 of Fall River Estates First Addition of thetown;
38.Lots 1 through 4,Block 3,Lots 1 through 4,Block4,Fall River Estates Second Addition;
39.Lots 1,2,3,4,5,6,7,8,9,10,11,12,13 and14oftheSecondAmendedPlatofPineRiverSubdivision;
40.Lot 1,Crags Addition;
41.The Storer Ranch Addition.
42.Tract 1 of Stanley Hills Subdivision a FUEL
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