HomeMy WebLinkAboutORDINANCE 294-66o
ORDINANCE NO.294
AN ORDINANCE ANDING SECTIONS 21.1,21.2,
21.3,21.3-1,21.8-1,21.8-2,AND 21.10
OF THE NEUNICIPAL1 CODE OF THE TOWN OF ESTES
PARK,COLORADO,THE SAHE PERTAINING TO
PLANNING AND SUBDIVISIONS.
BE IT ORDAINED BY THE BOARD OF TRUSThES OF THE
TOWN OF ESTES PARK,COLORADO:
Section 1.That Section 21.1 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended to read:
21.1 Purpose.The purpose of this chapter is to
provide for the orderly growth and harmonious development
of the Town of Estes Park;to insure an adequate and efficient
street system;to achieve individual property lots of reasonable
utility and livability;to secure adequate provisions for water
supply,electric service,drainage,sewers and other health
and safety requirements;to secure adequate sites for recreation
areas and other public facilities;to promote the conveyance of
land by accurate legal description;to improve the health,
safety and general welfare of the people;and to provide
procedures for the achievement of this purpose.
Section 2.That Section 21.2 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended to read:
21.2 Planning Commission -Authority.The Planning
Commission shall have authority to make investigations and
reports relative to proposed subdivisions,and it shall have
all of the powers and duties,relative to subdivisions,the
plats thereof and the procedures relating thereto,granted to
it by the provisions of this chapter.
Section 3.That Section 21.3 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended to read:
21.3 Procedure for Subdividing.Before dividing
any tract of land a subdivider shall follow the procedures
prescribed by this chapter unless an exception therefrom is
recommended by the Planning Commission and approved by the
Board of Trustees.
Section L.That Section 21.3-1 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended to read:
21.3-1 General Information.Before dividing any
tract of land a subdivider should obtain from the Town Clerk
general information regarding subdivision regulations,
procedures,street and highway requirements,street grading,
surfacing and improvements,drainage problems,if any,and the
meeting dates of the Planning Commission.
Section .That Section 21.8-1 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended to read:
21.8-1 Petition for Exception -Consideration -
Findings.Any subdivider,who desires to obtain an exception
from one or more of the provisions of this chapter,shall file
a verified petition in the office of the Town Clerk.The
petition shall be in writing,state what provisions of this
chapter are to be excepted,and all of the petitionerts
reasons why the exception should be granted.The Clerk shall
forward the petition to the Planning Commission which shall
consider the petition at a meeting of the Commission,at
which the petitioner shall be heard if he so desires.The
Planning Commission shall advise the Board of Trustees in
writing whether or not it recommends granting the exception
requested in the petition.It shall be necessary that the
Commission make the following findings if it recommends that
the exception be granted:
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(a)That the exception is necessary for the
preservation and enjoyment of a substantial property right
of the petitioner.
(b)That the granting of the exception will not be
materially detrimental to the public welfare or injurious
to other property in the neighborhood in which the property
of the petitioner is situated or in conflict with the
purposes and objectives of this chapter.
Section 6.That Section 21.8-2 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended to read:
21.8-2 Condition for Exception.In recommending
such exceptions,the Planning Commission shall designate
such conditions in connection therewith as will,in its
opinion,secure substantially the objectives of the provisions
to which the exceptions are granted.In recommending the
granting of any exception,the Planning Commission shall
report to the Board of Trustees its findings with respect
thereto and all facts in connection therewith,and shall
specify and fully set forth the exception recommended and
the conditions designated.Upon receipt of such report,the
Board of Trustees may,by resolutions,grant the exceptions
and conditions recommended.
Section 7.That Section 21.10 (j)and (k)of the
Municipal Code of the Town of Estes Park,Colorado be and
the same is hereby amended to read:
21.10 Definitions.
(j)Subdivider:Any person,partnership,
corporation or other legal entity dividing or proposing to
divide land so as to constitute a subdivision as defined
in this section.
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(k)Subdivision:The division for lease
or sale to the public or separate use whether immediate or
future,of a tract or parcel of land into three (3)or more
lots,tracts or parcels of land,or,if a new street or
easement for access,is involved,any division of a parcel
of land;or the division into more than two (2)parts of
any residential lot the boundaries of which have been fixed
by a recorded plat;provided,that a partitioning or division
of land into tracts or parcels of land of five (5)acres or
more and not involving a new street or easement for access,or
the sale or exchange of parcels of land to or between adjoining
property owners where such sale or exchange does not create
additional lots,shall not be deemed a subdivision.The
partitioning of land in accordance with State statutes
regulating the partitioning of land held in common ownership
shall not be deemed a subdivision.
Section 8.That Section 21.10 of the Municipal Code
of the Town of Estes Park,Colorado be and the same is hereby
amended by adding thereto the following:
21.10 Definitions.
(1)Board of Trustees.The Board of Trustees
of the Town of Estes Park,Colorado.
(m)Planning Commission.The Planning
Commission of the Town of Estes Park,Colorado appointed
by the Board of Trustees.
Section 9.The Board of Trustees herewith finds,
determines and designates that this ordinance is necessary
for the immediate preservation of the public peace,health
and safety,and whereas in the opinion of the Board an
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emergency exists,this ordinance shall take effect and be
in force five (5)days after its final passage,adoption
and publication.
T TEST:
Toi,m Clerk
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