HomeMy WebLinkAboutORDINANCE 17-820 C
ORDINANCE NO.17-82
AN ORDINANCE AMENDING CHAPTER 16 OF
THE MUNICIPAL CODE OF THE TOWN OF
ESTES PARK,COLORADO,THE SAME
PERTAINING TO SUBDIVISIONS
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK,COLORADO:
Section 1.That Section 16.08.250 of the Municipal
Code of the Town of Estes Park,Colorado,is amended to
read as follows:
16.08.250 Subdivision.“Subdivision”means any parcel
of land which is to be used for condominiums,apartments,or
any other multiple—dwelling units,unless such land was
previously subdivided and the filing accompanying such sub
division complied with municipal regulations applicable to
subdivisons of substantially the same density,or the
division of a lot,tract,or parcel of land into two or more
lots,plats,sites,or other divisions of land for the
purpose,whether immediate or future,of sale or of building
development.It includes resubdivision and,when appropriate
to the context,relates to the process of subdividing or to
the land or territory subdivided.
Section 2.That the Municipal Code of the Town of
Estes Park,Colorado,is amended by the addition of Chapter
16.44 to read as follows:
16.44 Site Development Plan
16.44.010 Purpose.The purposes of the site development
plan procedure are as follows:
a.To establish the criteria for review and development
of certain multiple family developments;
b.To further the public health,safety and general
welfare in an era of increasing demand for housing of all
types;
c.To encourage the planning of multiple family develop
ments consistent with the goals and objectives of the Town’s
Comprehensive Plan.
16.44.020 Applicability.The provisions of this Chapter
shall apply to all subdivisions having more than one building
per lot,or having more than four dwelling units per building.
The provisions of this Chapter shall only apply to subdivisions
in R-2,R-3,C-2 and C-l zoning districts of the Town.The
provisions of this Chapter shall not apply to a planned unitdevelopmentapprovedundertheprovisionsofChapter17.60 oftheCode.Subdivision exceptions granted pursuant to Chapter
16.40 shall not be exempt from the provisions of this Chapter.
16.44.030 Building Permits.No building permit shall beissuedforanybuildingwhichissubjecttotheprovisionsofthisChapteruntiladevelopmentplanhasbeenapproved.
16.44.040 Submittal.All applications for approvalofadevelopmentplanshallbesubmittedtotheTownClerk.Said submittal shall include an application,a development
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plan,and a written statement of intent.The application
shall be on a form furnished by the Town Clerk 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 Planning Commission
meeting.
16.44.050 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 development,any development
phases and expected timing,and,in general,how the pro
posed development relates to the purposes and objectives
of the development plan procedure.
16.44.060 Development plan.A.The development plan is thegraphicrepresentationoftheproposeddevelopment.It shallbepreparedbyaprofessionalengineerregisteredinthestateandbepreparedona24inchby36inchmylarandaccompanied
by twenty copies.The development plan shall contain thefollowinginformation:
a.North arrow,scale,and vicinity map;
b.Name of the proposed development and legal
description of the property;
c.Location of all buildings and other improvements,
including signs,fences,screening and trash containers;
d.Existing and proposed topographical character oftheland;
e.Parking areas,driveways and streets,including
street names;
1.General utility plan,including water,sewer,electric,power,TV,fire hydrants,telephone,gas;
g.Drainage plan showing all proposed drainage facilities.
The drainage plan shall be prepared utilizing the criteria
established in the “Larimer County Storm-Water Management
Manual.”Detention facilities may be required at the discretion
of the Town engineer;
h.Proposed building heights;
i.Landscaping,if any;
j.Outdoor lighting,if any,including street lights;
k.Pedestrian areas,if any;and
1.Dates of completion of each phase of the development.
B.The owners and lienholders of the real property shallsignthefollowingagreementonthedevelopmentplan:
“The undersigned,being all of the owners and lienholders
of the real property as shown on this development plan,shall be subject to the provisions of the Municipal CodeoftheTownofEstesPark,Colorado,and any other ordinanceoftheTownofEstesPark,Colorado,pertaining thereto.
STATE OF COLORADO
55.
COUNTY OF LARIMER
The foregoing agreement was acknowledged before me
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this day of
______________,
19 ,by
WITNESS my hand and official seal.
My commission expires:
_________________________
Notary Public
Address
16.44.070 Planning commission review.A.The Planning
Commission shall review the application,development plan,
and written statement of intent.Specific guidelines to be
used in this review shall include,as a minimum,the following:
a.Parking:2 spaces per unit;
b.Surfacing:All parking areas,driveways and streets
shall be surfaced with at least two inches of asphalt or 4
inches of concrete over a suitable base;
c.Access:Safe and convenient for vehicles and pedes
trians;for fire and police protection;and for normal municipal
services;
d.Fire:Needed fire flows and hydrant distribution
shall be by the latest Insurance Services Office “Fire Suppression
Rating Schedule”unless approved by the Town’s Consulting WaterEngineerorFireDepartmentrepresentative;
e.Utilities:Sizes,standards and easements as recom
mended by the various utility agencies;
f.Drainage:Safety from the 100-year flood;detentionandotherdrainagefacilitiesifnecessaryforprotectionof
the development and downstream properties;
g.Densities:Densities shall not exceed those allowed
in Chapter 17.24 or 17.68,whichever is applicable;and
h.General:Compliance with the Comprehensive Plan.
B.At the conclusion of said review,the Planning
Commission shall make a recommendation to the Board of Trustees,including such safeguards and revisions considered necessary bysaidCommissiontoprotectthehealth,safety and welfare ofthecommunity.
16.44.080 Actions by Board of Trustees.The Board of
Trustees shall then consider the application,development plan,
and written statement,including the Planning Commission’s
recommendation.Following such consideration,the Board of
Trustees shall make a final decision whether or not to approve
the application and development plan.The Board may approve
the application and development plan with conditions it deemsappropriatetoprotectthehealth,safety,and welfare of the
community.
16.44.090 Attorney’s letter certification.Before theBoardofTrusteeswillconsideranyapplicationanddevelopment
plan for final approval,there must be filed,with the Town
Administrator,a letter certifying that all of the persons
having any record interest in the real property have signed
the application and development plan.Said letter must be
dated the day upon which the Board of Trustees is to consider
the application and development plan for final approval.
Such letter must be signed by an attorney duly licensed topracticelawinthestateofColorado.
16.44.110 Changes.Minor changes in location siting,
fencing,landscaping,or character of buildings may be authorized
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by the Town Administrator 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 Administrator’s signature and the date.In the event the
Town Administrator refuses such change,his refusal may be
appealed to the Planning Commission at their next regular meeting.
Section 3.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,
for uniform subdivision regulations affects the public peace,
health and safety;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.
Maypt
I hereby certify that the above ordinance was introduced
and read at a regular eeting of the Board of Trustees on
the
____
day of
__________________,
1982,and published in a
newspaper of general circulation in he Town of Estes Park,
Colorado,on the//M’day of
____________________
as required by the Statutes of SIe State of Colorado.
1982,all
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