HomeMy WebLinkAboutORDINANCE 20-84...:‘:
ORDINANCE NO.20-84
AN ORDINANCE AMENDING CHAPTER 17 OF
THE NUNJCIPAL CODE OF THE TOWN OF
ESTES PARK,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 17.24.050 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.24.050 Lot area.Lot area shall not be less than the
following:
a.For each separate one family or two family dwellinc:
18,000 square feet.
b.Multi—family dwellings,including rental cabins,tourist
homes and resort cabins:For each separate building,18,000
square feet plus 2,570 square feet for each dwelling unit in
excess of two in the buildiny.
c.Hotels and other uses permitted under Subsections 3(b)
and 3(c)of Section 17.24.020:for each separate building,40,000
square feet plus 500 square feet for each dwelling unit or
tourist accommodation unit in excess of two in the building.
d.incidental sale of merchandise and other uses permitted
under Sections 4 and 5 of 17.24.020:25,900 square feet in addi
tion to that required for other uses on the site.
e.other uses:no requirement.
Section 2.That Section 17.32.020 of the i:unicipal Code
of the Town of Estes Park,Colorado,shall be amended to read as
follows:
17.32.020 Permitted uses.No building or premises shall
be used and no building shall be hereafter erected or structurally
altered,unless otherwise provided herein,except for one or more
of the following uses:
1.Any use permitted by right in the C—2 restricted
commercial district;
2.Office buildings,banks,theaters,community buildings,
bottling works,drycleaning establishments,ice and cold storage
businesses,laundries,sale of dairy and poultry products,storage
warehouses,liquor stores,parking lots,and all other regular,
normal retail business and service establishments;
3.The following uses are not permitted:public auctions,
livery stables,shooting galleries,processing of dairy and
poultry products,petroleum products and liquified gas bulk
storage facilities;
4.Uses permitted by special review:
a.Places for amusement;
b.Pet stores,small animal hospitals and kennels;
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c.Nursing homes;
d.Carillons and electronic instruments imitating
a carillon;
e.Self—storage warehouses;
1.Massage parlors.
5.All permitted uses are subject to the following special
exceptions and conditions:
a.All permitted principal uses (excluding oarking
areas for transient automobiles and small trucks)shall be
entirely enclosed within a building with accompanying out
door material and equipment storage areas enclosed within a
substantial,sightly fence at least six feet in height of
heavy,woven wire construction or better,with permanent sur
vey monuments preserved;provided that licensed mobile vehicles
of radio or television stations or newspapers used to gather
and transmit news to their place of publication or broadcast,
so long as the place of publication or broadcast is not said
vehicles,do not have to be enclosed within a building,
whether such news gathering is a principal or an accessory use.
b.The lighting,including any permitted illuminated
sign or any parking lot or driveway,shall be arranoed so
that there will be no annoying dare directed or reflected
toward residence buildings,residence districts,or public
rights—of—way.
c.Dust,fumes,odors,refuse,matter,smoke,vapor,
noise or vibration shall be effectively confined to the premises.
d.Travel and parking portions of the lot shall be
surfaced equivalent to or better than the surfacing on the
public street abutting the lot.
Section 3.That Section 17.48.020 (1)of the Municipal Code
of the Town of Estes Park shall be amended to.read as follows:
17.48.020 Permitted Uses.No building,structure or
premises shall be used and no building shall be hereafter erected
or structurally altered,unless otherwise provided herein,except
for one or more of the following uses:
1.Any use permitted by right in C—l commercial district,
unless specified in Section 3 below;
2.Concrete ready—mix plant,manufacturing of concrete
products,gasoline and propane bulk plants and warehouses;
3.Uses permitted by special review:pet stores,small
animal hospitals and kennels,one—family dwellings,two—family
dwellings,guest dwellings,multiple family dwellings,nursing
homes,carillons,electronic instruments imitating a carillon,
and self—storage warehouses.
4.All permitted uses are subject to the following special
exceptions and conditions:
a.All permitted principal uses not enclosed within a
building and all accompanying outdoor material and equipment
storage areas shall be enclosed within a substantial,sightly
fence at least six feet in height of heavy,woven wire construc
tion or better,with permanent survey monuments preserved;
b.The lighting,including any permitted illuminated sigi
on any parking lot or driveway,shall be arranged so that there
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will be no annoying glare directed or reflected toward residence
buildings,residence districts,or public rights—of-way;
c.Dust,fumes,odors,refuse matter,smoke,vapor,
noise or vibration shall be effectively confined to the premises.
Section 4.That Chapter 17.50 of the Municipal Code of the
Town of Estes Park,Colorado,is hereby deleted in its entirety.
Section 5.That a new Section 17.50.010 shall be added tc the
Municipal Code of the Town of Estes Park,Colorado,to read as
follows:
17.50.010 Building height limit.Building height shall not exce
thirty feet in any district.
Section 6.That Section 17.72.070 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.72.070 Zoninc restrictions.Except as hereinafter
provided,no buildinc shall be erected,reconstructed,or
structurally altered,and no buildinc or land shall be used
for any purpose other than is permitted in the zoning dis
trict in which such building or land is located.No lot area
shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed herein,nor
shall the lot area be reduced in any manner except in con
formity with the area regulations herein established for the
zoning district in which such building islocated.No yard
or other open space provided about any building for the pur
pose of complying with this title shall be considered as
providing a yard or other open space for any other buildina.
Section 7.That Section 17.52.050 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:-
17.52.050 Keeping of horses.The stabling,pasturing or
keeping of horses as an accessory use is permitted subject to
the requirements of Title VII,Animals,of the Municipal Code
of the Town of Estes Park,Colorado.
Section 8.That Section 17.60.090 (8)of the Municipal
Code of the Town of Estes Park,Colorado,shall be amended to
read as follows:
8.There shall be no private streets located within a
planned unit development,unless such streets are designed and
constructed to the same standards applicable to public street
development,and unless provisions for assuring continuing
maintenance are determined by the Board of Trustees to satis
factorily safeguard the interests of both future residents of
the planned unit development and the Town.
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Section 9.That Section 17.68.090 of the Municipal Code
of the Town of Estes Park,Colorado,shall be amended to read
as follows:
17.68.090 Minimum areas.Where an individual lot,parcel
or tract of land was held in separate ownership from adjoining
lands,or land was platted into lots,parcels or tracts,and the
plat thereof was recorded in the records of the clerk and recorder
of Larimer County,Colorado,prior to Aucust 30,1971,or the
Drelmlnary plat thereof was aporoved by the town planning ccrission
prior to August 30,1971,and the final plat tnereof was aPDrovec
by the board of trustees,and recorded in the records of the clerk
and recorder of Larimer County,Colorado,prior to January 1,1972,
such lots,parcels or tracts of land may have the following minamum
areas and they shall have no minimum lot width recuirement:
Property Zoned f4injjj-lthm Area
E—l estate district One acre
E—2 estate district Two acres
fi residential district One—family dwelling,
9,000 square feet
fl—i residential district One—family dwelling,
9,000 square feet;
Two—family dwelling,
13,500 scuare feet
R—2 multiple family resi—(a)For each separate one family
dential district or two family dwelling:7,000
square feet;
(b)Multi—family dwellings,
including rental cabins,tourist
homes and resort cabins:For
each separate building,7,000
square feet plus 1,000 square
-feet for each dwelling unit in
excess of two in the building;
(c)Hotels and other uses permitte
under Subsections 3(b)and 3(c)
of Section 17.24.020:for each
separate building,16,000 square
feet plus 1,000 square feet for
each dwelling unit or tourist
-
accommodation unit in excess of t
in the building;
(d)Incidental sale of merchandise
and other uses permitted under
Sections 4 and 5 of 17.24.020:
16,000 square feet in addition
to that required for other uses
on the site;
(e)Other uses:no requirement.
R—3 mobile home park R—l and R—2 district use same
as the districts.Mobile home
parks as provided elsewhere
in this code.
C—2 restricted commercial R—l and R-2 district use same
as the districts.Other uses,
none.
c—i commercial district Same as C-2
1—1 restricted industrial Same as C—2
district
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Where an individual lot,parcel or tract of land wa
held in separate ownership from adjoining lands,or land
was platted into lots,parcels or tracts and the plat there
of was recorded in the records of the clerk and recorder of
Larimer County,Colorado,prior to August 1,1947,and such
lots,parcels or tracts of land have a total area less than
the mininum areas set forth above,such lots,parcels or
tracts of land may be used for a one—family dwelling.In
addition,the side yard reQuirements for such lots may be
reduced one ar.d one-half feet from the side yard recuirements
of the zoning castract in wnach tney are located for each one
thousand scuare feet or difference between the actual lot area
and thcusand scuare feet.
The provisions of this section shall not apply to lots,
parcels or tracts of land which are reduced in total area
after August 30,1971.
Section 10.That a new Chapter 17.76 shall be added to
the Nunicapal Code of tne Town 0:Estes Park,Coloraco,to read
as follows:
17.76.010 Purpose.The purpose of this chapter is as
follows:-
1.To establish the procedure and criteria for re;riewbf
certain developments located within the Estes Park Urban Renewal
Area as said area is set forth in the Estes park Downtown
pedevelooment Program adopted Nay 24,1983.
2.To set forth adecuate review procedures and criteria to
determine that development in said area is in accordance with the
provisions of the Estes Park Downtown Redevelopment Program with
respect to the land area,land use,design,building recuirements,
timing and procedure as the same is more tally set forth in said
plan.
3.To encourage the planning of certain developments
consistent with the goalth and obligations of the Estes Park
Downtown Redevelopment Program.
4.To further the public health,safety and general
welfare as the same specifically relates to the Town of Estes
Park and the property within the Estes Park Downtown Redevelop
ment Program.
17.76.020 DefinitionS.As used herein,the following words
and phrases are defined as set forth in this section:
1.“Urban Renewal Plan”means the Estes Park Downtown Re
development Program adopted by the Board of Trustees of the Town
of Estes Par):on Nay 24,1983,and any amendments thereto.
2.“Authority”means the Estes Park Urban Renewal Authority.
3.“Board of Trustees”means the Board of Trustees of the
Town of Estes Park,Colorado.
4.“Property”means real property,including improvements
thereon,located within the boundaries of the Urban Renewal
Project boundary as more fully set forth in the Urban Renewal
Plan.
5.“Development”means construction,demolition,renovation
and rehabilitation of any improvement on real property located
within the Estes Park Urban Renewal Area.
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17.76.030 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)in
tended 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 reno
vated,rehabilitated or enlarged at a cost that is equal to or
greater than 50%of the actual value of the property as deter
mined by the assessed valuation.
3.All development of 10,000 square feet or more of floor
area in any improvement.
4.All vacant parcels or lots.
17.76.040 Submittal All applications for approval of a
development shall be submitted to the authority.Said submittal
shall include a written statement of intent and development plan.
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.
17.76.050 Written statement of intent.The written statement
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 develop
ment,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.The number of
copies of the written statement and the development plan shall
be as determined by the Executive Director.
17.76.060 Development plan.The development plan is the
graphic representation of the proposed development.It shall
be prepared in a manner that clearly indicates in graphic form
the intent of the development,elements of the development,and
locations of all substantial improvements.The development plan
shall contain the following information:
1.North arrow,scale and vicinity map.
2.Name of the proposed development and legal description
of the property.
3.Location of proposed building envelopes and proposed
architectural elevations in said envelopes.
4.Indication,either graphic or written on the plan,
of how signs,fences,and other improvements will be treated.
5.Parking areas,access points and streets.
6.Landscaping or other site improvements,if any.
7.Pedestrian access.
8.Dates of completion of each phase of the development.
The authority shall review the plan as to compliance with
the Urban Renewal Plan and shall work with the developer to
encourage development in compliance with the Urban Renewal Plan.
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17.76.070 Authority review.
1.The authority shall review the application and make a
decision within twenty—one days as to whether or not the develop
ment is in conformance with the provisions of the Urban Renewal
Plan.The twenty—one day period may be extended at the request
of the applicant.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.
2.If the authority determines that the development is not
in compliance with the Urban Renewal Plan,the authority shall,
within three days,inform the applicant in writing of the
specific sections of the Urban Renewal Plan with which the devel
opment does not comply.The applicant may then amend the applica
tion or seek permission under special review by the Board of
Trustees,as provided at Chapter 17.56,Application for Uses
Permitted by Special Review.
3.If the authority does not approve or disapprove the
application within the period set forth in 17.76.040,or within
a period of extension requested by the applicant,the application
shall be deemed approved as submitted.
17.76.080 Board of trustee review.In acting on applications
for special review under this chapter,the Board of Trustees shall
determine whether or not the proposed development conforms to the
applicable provisions of the Urban Renewal Plan.The Board may
deny the application,approve the application,or approve the
application with conditions it deems appropriate to have the
development conform to the applicable provisions of the Urban
Renewal Plan.In acting,the Board shall consider the decision
of the authority as to why the proposed development does not
conform to the Urban Renewal Plan.
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 development plan may be
made if authorized in writing by the Executive Director of the
authority.Any other departures shall be allowed only by amend
ment to the application,and must receive the same review as an
initial review under the terms and conditions of this chapter.
Among other things,any increase in the number of dwellings or
guest units,any change of ten percent (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.
17.76.100 Actual construction.If actual construction
on an approved project is not started within one year from
the date of final approval whether said approval is by the
Urban Renewal Authority or the Board of Trustees of the Town
of Estes Park,the application shall be deemed to be null
and void and a new approval is required under the terms and
conditions of this chapter.
Section 11.That Chapter 16.48 of the Municipal Code
of the Town of Estes Park,Colorado,is hereby deleted in its
entirety.
Section 12.The Board of Trustees of the Town of Estes Park,
Colorado,herewith finds,determines and designates that this
ordinance is necessary for the immediate preservation of the
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public pcace,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.
1avcr
I hereby certify that the above ordinance was introduced
and read at a regular meeting of the Board of Trustees on the
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day of
____________
,1984,and published in a newspaper
of general circulation in the Town of Estes Park,Colorado
air3/,c-e,écc c
Town Clerk
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