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HomeMy WebLinkAboutORDINANCE 18-01C)0 ORDINANCE NO.18-01 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE WHEREAS,the Estes Valley Planning Commission has recommended numerous amendments to the Estes Valley Development Code;and WHEREAS,said amendments to the Estes Valley Development Code are set forth on Exhibit ‘A’attached hereto and incorporated herein by this reference;and WHEREAS,on October 15,2001,the Board of County Commissioners of Larimer County,Colorado approved said amendments to the Estes Valley Development Code set forth on Exhibit “A”;and WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code set forth on Exhibit “A”and recommended for approval by the Estes Valley Planning Commission be approved. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The Estes Valley Development Code shall be amended as more fully set forth on Exhibit “A”. Section 2:As the Larimer County Commissioners have approved said amendments to the Estes Valley Development Code,and it is necessary to have these code amendments effective at the same time to avoid different code requirements between Larimer County and the Town;and in the opinion of the Board of Trustees an emergency exists,this Ordinance shall take effect and be enforced immediately after its passage,adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS 23 DAY OF October ,2001. TOWN OF ESTES PARKa 0 0 ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 23 day of October ,2001 and published in a newspaper of generl circulation in the Town of Estes Park,Colorado,on the d ‘day of SZe&-1t,t},2001,all as required by the Statutes of the State of Colorado. Town :07 (J ijbjt “A” Amendments to the Estes Valley Development Code,Block One Estes Park Community Development Department ____________ Municipal Building,170 MacGregor Avenue P0 Box 1200 Estes Park,CO 80517 Phone:970-577-3721 Fax:970-586-0249 www.estesnet.com DATE:October 15,2001 TITLE:Amendments to the Estes Valley Development Code,Block One REOUEST:To make a number of changes and corrections to the adopted Estes Valley Development Code. LOCATION:Estes Valley,inclusive of the Town of Estes Park. APPLICANT:Estes Valley Planning Commission STAFF CONTACT:Bob Joseph APPLICABLE LAND USE CODE:Estes Valley Development Code PROJECT DESCRIPTION/BACKGROUND:These Code revisions address and correct minor errors and omissions that have surfaced after the first year and a half of experience working with the Code.Other minor revisions clarify and modify existing Code provisions to produce standards that are more workable. PLANNING COMMISSION RECOMMENDATION:The Estes Valley Planning Commission reviewed these proposed changes on September 17,2001,and voted unanimously (6-0,one absent)to recommend APPROVAL to the Board of County Commissioners. STAFF RECOMMENDATION:Staff recommends APPROVAL of the proposed Code Amendments. REVIEW CRITERIA:All applications for text or Official Zoning Map amendments shall be reviewed by the EVPC and Board(s)for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. Development Code Changes,Block One p.1 C Q 1.The amendment is necessary to address changes in conditions in the areas affected; 2.The development plan,which the proposed amendment to this Code would allow,is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley;and 3.The Town,County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. ORGANIZATION: 1.Text to be replaced delineated with strikethrough (Thc quick brown fox). 2.New text delineated with underline (The quick brown lox). 3.Revisions have been organized sequentially by chapter and section. CHAPTER 1 —General Provisions Q Item 1: §1.9 D.Setbacks —Building and Structure Setbacks. 1.Building and Structure Setbacks from Lot Lines. d.Obstruction of Sight Distances in Setbacks Prohibitod:_No essentially opaguo fence, landscaping,wall or freestanding sign shall be maintained between three and one half (3 ¼)and eight (8)foot above grade within one hundred (100)feet of the intersection of the street centerlines.See Appendix D to this Code.Intersection and driveway sight visibility shall comply with the requirements of Appendix D,Section IV.Streets and Roads C.intersection and Driveway Visibility. Item 2: §1.9.E.HEIGHT. 2.Measurement of Maximum Building Height on Slopes.The maximum height of buildings on slopes may be adiusted up to a maximum of 40-feet using the following calculation (see figure 1.4).This adiustment requires submittal of a site plan containing the following information:building elevations,roof design, finished floor elevation,and grading plan with existing and proposed contours. M=30+[.50(a-b)]where: M=Maximum height in feet at any given point above original grade Development Code Changes,Block One p.2 0 0 a=Elevation at highest point of natural grade of proposed building location b=Elevation at any given point Mb4O’ %-33.{XI D);?43C*[X29)] Original ground surface Figure 1.4 3.Exemptions from Height Standards. CHAPTER 2 —Code Administration and Review Roles Item 3: §2.1 CODE ADMINISTRATION AND REVIEW ROLES A.Relevant Administering Bodies. The following entities shall have roles in administrating the provisions of this Code: 3.Tho Town of Estes Park Board of Adjustmont and the Larimer County Board of At-fl,efmnnt (r.nllpt’fk,alt.rnfnrrnrl tn-itS “tho flflAc-”\-,nd 3.The Estes Valley Board of Adjustment [BOA1;and Development Code Changes,Block One p.3 Item 4: C C Table 2-1:Code Administration and Review Roles. Use Classification NOTES TO TABLE 2-1 [1]The Boards and the BOAs--.. DM A IA CHAPTER 3 Item 5: §3.2.F. —Review Procedures Summary Table—Standard Development Review Process by Application Type. Item 6: V =Voluntary =Mandatory A”=Applicable =Not Applicable APP =Appeals BOK =Board of Adjustment SR =Special Reouirements (Refer to Text) REVIEW AND DECISION-MAKING AUTHORITY PROCEDURE Staff EVPC Boards Ii]BOA III pi Pre-Application Conference II- Step 2 Application? Completeness Certification Ann,xaUpnz SteD 3 Staff Review & Report frnnces M A A WA BOA Minor Subdivision M a a A A Step 4 EVPC Action Sten 5 Board Action M a A ?AA a Development Code Changes,Block One p.4 CI §3.8 DEVELOPMENT PLAN REVIEW Table3-3 0 Development Plan Review Requirements Determining Factor Staff Review [1]EVPC Review All Nonresidential Developments In the CO,CH,and I-I Zoning Districts Item 7: Item 9: Item 10 Add the 0”district to this chart. §3.9 SUBDIVISIONS D.Minor Subdivisions. 1.Defined.Minor subdivisions shall be defined as follows: b.Frontage Lots.Division of one (1)or more lots,tracts or parcels of land into a total of not more than four (4)lots shall be considered a minor subdivision,provided that each resulting lot fronts onto an existing dedicated public street,and that the subdivision entails no extension of municipal water or sanitary sewer facilities.No more than a total of four (4) lots shall be created out of a lot,tract or parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure. 2.Hazard Areas.Areas with hazards as defined by Section 7.7 of this code shall not be eligible for the Minor Subdivision process. Number of Dwelling or Guest units All Rcsidcntial or (‘oninwrcial Accommodations Development Inc idin”RV P2-’—_——amoroun 3—10 II or more Item 8: Maior alterations that also entail alteration to the number of parking spaces,the configuration of 3-10 RV pad/campsHe 11 or more RV pad/campsiteparking,egress,water,sewer, drainage,or lighting on the premises Development Code Changes,Block One p.5 C C 3.Procedure for Approval of Minor Subdivisions.Applications for minor subdivision approval shall follow the standard development approval process set forth in §3.2 of this Chapter.,oxcept that no preliminarj plat chall be roguircd. Item 11: 4.Submittal Requirements.Applications for minor subdivision aDDroval shall conform to submittal requirements for a preliminary plat as set forth in Appendix B,Section C for purposes of Staff and Planning Commission review.The plat forwarded to the Governing Body shall conform to submittal requirements for a final plat as set forth in Appendix B,Section 0. CHAPTER 4—Zoning Districts Item 12: §4.1 ESTABLISHMENT OF DISTRICTS E.Special Purpose and Overlay Zoning Districts 4.SH Stanley Historic Overlay District Item 13: §4.3 RESIDENTIAL ZONING DISTRICTS Table 4-1 Permitted Uses:Residential Zoning Districts Zoning Districts Additional Regulations “P”=Permitted by Right (Apply in All Use Classification Specific Use “5”=Permitted by Special Review Districts SI—I’=Prohibited Unless Otherwise RE-1RE E-IIE R R.1R-2IRM Stated) RESIDENTIAL USE CLASSIFICATIONS In RE1 R-l,Single-family P P P P P p p p §4.3.D.4HouseholdLivingdwellingapplies Development Code Changes,Block One p.6 0 0 Item 14: §43 TABLE 4-2 Base Density and Dimensional Standards,Residential Zoning Districts. Minimum I Minimum Lot Building/Structure Setbacks Standards III 121 Max.Mm. Max.Net I Building Building Mn.Lot Zoning Density Area (sq Width ISide Rear Height Width Coverage District (units/acre)It)(It)Front (ft.)(ft.)(ft.)(ft.)(ft.)(%) Residential Uses:5,400 sq.60; 40,000, ft/unit LotsMax=8 and Miii =3 [4][5][ffl Greater 25-artedals;10 Multi RM .Senior than 15-other 10 30 20 [7]family=Senior Institutional 100,000 streets [6]50%Institutional Living Uses:Living sq.ft.: Uses:V2 200Max=24 Ac. Notes to Table 4-2: [81 Single Family and Duplex developments shall have minimum lot areas of 18,000 s.f.and 27,000 s.f.,respectively. Item 15: §4.3.D Additional Zoning District Standards. Private Open Areas;Applicability and Minimum Set-Aside Required.All residential developments and subdivisions containing five (5)or more dwelling units shall set aside a minimum percentage of total gross land area for the purpose of private open areas in the amount shown in Table 4-3 below.See §7.4 for additional private open area standards. Item 16: §4.5 SPECIAL PURPOSE AND OVERLAY ZONING DISTRICTS B.Estos Valley fljoinn Stngdprdn and Guidelines (RESERVED) B.Downtown Design Overlay District -RESERVED C.Highway Corridor Overlay District -RESERVED Development Code Changes,Block One p.7 0 D.Stanley Historic Overlay District. 0 1.All development in the Stanley Historic Overlay District shall comolv with the Stanley Historic District Procedures and Standards for Development set forth in Chapter 17.44 of the Town of Estes Park Municipal Code,as amended from time to time. CHAPTER 5—Use Regulations Item 17: §5.2 ACCESSORY USES B.Accessory Uses!Structures Permitted in the Residential Zoning Districts. 2.Additional Requirements far Specific Accessory Uses/Structures Permitted in the Residential Zoning District. c.Family Home Day Care.Defined.A facility for care in the permanent residence of the provider for the purpose of providing day care and training for not more than four (4)adults or children who are not related to the provider.The maximum number of children cared for shall comply with State of Colorado and the Colorado Item 18: Department of Human Services rules and regulations. Table 5-1:Accessory Uses and Structures Permitted in the Residential Zoning Districts Home Occupation Item 19: Yes Yes Yes Is Yes Yes Yes Yes §5.2.B.2.e f Table 5-2:Accessory Uses Permitted in the Nonresidential Zoning Districts INonresidential Zoning District I I“Yes”=Permitted “No”=Not Permitted I besso Use A-i CD CO 0 CH I-i Additional Conditions Residential Zoning District “Yes”=Permitted “No”=Not Permitted Additional Accessory Use RE-I RE E-1 E R R-I R-2 RM -Requirements Development Code Changes,Block One p.8 a C Employee Housing Yes Yes Yes Yes Yes Yes Yes §5.2.Bc.2.a (Including Caretaker Quarters) Item 20: §5.3 TEMPORARY USES AND STRUCTURES C.General Standards.All temporary uses or structures shall meet the following requirements: 7.Temporary uses shall comply with building/structure setbacks established for the zone district in which the temporary use is located.Staff may waive or adjust this provision. CHAPTER 7 —General Development Requirements Item 21: §7.IIOFF-STREET PARKING AND LOADING M.Bicycle Racks.For premises requiring forty (40)twenty (20)or more vehicular parking spaces,bicycle racks facilitating locking shall be provided to accommodate one (1)bicycle per twenty (20)parking spaces required or fraction thereof. CHAPTER 10 -Subdivisions Item 22: §10.2 APPLICABILITYISCOPE B.Minor Subdivisions.Minor Subdivisions are subiect to full review and compliance with the standards set forth in Chapter 10,and the submittal requirements set forth in Appendix B. Development Code Changes,Block One p.9 •0 C 1.Boundary Adjustments.Boundary Adjustments.Division of one (1)or more lots, tracts or parcels of land for the purpose of adjusting boundary lines. Item 23: 2.Frontage lots.Division of one (1)or more lots,tracts or parcels of land into a total of not more than four (4)lots shall also be a minor subdivision,provided that each resulting lot fronts onto an existing dedicated public street,and that the subdivision entails no extension of water or sanitary sewer facilities.No more Item 24: §10.3 REVIEW PROCEDURES A.All subdivisions,including Minor Subdivisions,shall be reviewed in accordance with the procedures set forth in Chapter 3 of this Code. CHAPTER 13 -Definitions Item 25: §13.3 DEFINITIONS OF WORDS,TERMS AND PHRASES Barn/Stable.Barn/Stable shall mean a building,used exclusively to store farm implements,grain,hay,and other farm products and/or to shelter and feed livestock:or. a building having stalls or compartments used exclusively to shelter and feed livestock. Building Envelope.An area within the property boundaries of a lot or property within which an allowed building or structure may be placed.No portion of the building. including cornices,canopies,eaves,landings,or attached decks,shall extend outside the bounds of a building envelope. Floor Area,Gross shall mean the combined sum of the gross building floor area of all principal and accessory buildings on a lot,including basement gross floor area except as specifically excluded herein,as measured along the outside enclosing walls,but not including: c.Attainable housing bonus units meeting the reguirements of §11.4. Only bonus units shall be exempt: Development Code Changes,Block One p.10 •0 0 Garage Sale.The sale or offering for sale to the general public of more than five items of personal property on any portion of a lot in a residential zoning district,whether within or outside any building.Sales of programs and food and beverage items at school athletic events shall not be deemed to constitute garage sales.Shall be limited to no more than four (4)consecutive calendar days and occur not more than twice within a 12- month period. Statement of intent shall include the following unless waived by Staff at the pre application meeting:existing condition,development reguest,any requests for modifications or exceptions to the Code,and a proiect description to include:vehicular and pedestrian access,vehicular and pedestrian circulation system,density,number of units,number of lots,acreage,land use,landscaping and maintenance plan,utilities. stormwater drainage and erosion control,and type and amount of impervious coverage.All points of non-compliance with applicable code provisions shall also be noted,and iustification provided. APPENDIX B —Submittal Requirements Item 26: II.SUBDIVISION SUBMITTAL REQUIREMENTS A.General Submittal Requirements 4.Statement of Intent.All applications for a preliminary subdivision plan and final plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. Item 27: C.Preliminary Subdivision Plans 5.Contents. n.A proposed delineation of the limits of disturbance (LODs)for each lot,as required in §7.3 2.0 of this Code. z.Names and Addresses.The names and addresses of all owners of land Development Code Changes,Block One p.11 •0 0 immediately adiolning the platted land as their names appear in the records in the office of the County Clerk and Recorder and their addresses as they appear on the tax records of the County. Item 28: D.Final Subdivision Plats. 21.Small Scale Piat.One copy of plat at 1=600’scale.This copy shall include the lot lines,section.township,and range,and tie to an established Larimer County survey monument. Item 29: 24;22.Plan Contents. m.Surveyor.A certificate by the licensed land surveyor responsible for the survey and final map or plat.The signaturc of such surveyor,unless accompanied by his or her seal,must be attested.The signature of such surveyor must be stamped with his or her seal. Item 30: III.DEVELOPMENT PLAN SUBMITTAL REQUIREMENTS A.General Submittal Requirements 4.Statement of Intent.All development plan applications shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 4 and Chapter 7 of this Code. Item 31: B.Sketch Plan Submittal Requirements. Development Code Changes,Block One p.12 0 3.Contents. h.Final site specific lot survey for Iota with olopoc thirty (30’X.)or steeper.(Soc II.D.21 .c above.) Item 32: C.Development Plan Submittal Requirements. 5.As-built Plans.As-built plans (1 Mylar +1 paper copy +1 digital copy)shall be submitted at the time construction of the improvements is completed.As-built plans shall include utilities,parking,building footprints,and building square footage.Final certficate of occupancy shall not be issued prior to submittal of as-built plans. 6.Development Plan Submittal Package Contents. Item 33: VII.VARIANCES AND ADMINISTRATIVE (MINOR) MODIFICATIONS--SUBMITTAL REQUIREMENTS A.Submittal Requirements. 11.Field Staking.The lot corners and building corners of the proposed structure shall be field staked ten (10)business days prior to the scheduled Board of Adiustment hearing. APPENDIX D —Road Design and Construction Standards Item 34: IV.STREETS AND ROADS C.Intersection and Driveway Visibility. Development Code Changes,Block One p.13 a C, 1.Intersections.No fence,wall,hedge,landscaping,sign or other material or structure that will obstruct vision between a height of three (3)feet and eleven (11)feet shall be erected,placed or maintained within the triangular area sight visibility triangle formed by an imaginary line starting at the point of intersection of property lines and extending thirty (30)feet from their point of intersection,as shown on the following illustration: Sight Visibility Triangle at Intersection Item 35 Line 3.Driveways.On the front property linoc,no structuro,fonco,wall,hedgo,or planting will obotruct vision between a height of throo (3)foot and eight (8)feet shall be erected,placed or maintainod within tho triangular area formed by the odgo of the driveway and the front lot line as shown on the following diagram:No fence,wall, hedge,landscaping,sign or other material or structure that will obstruct vision between a height of three (3)feet and eight (8)feet shall be erected,placed or maintained within the sight visibility triangle,as shown on the following illustration: Not Sight Visibility Triangle at Driveway -- - Pakway= 8 ft.or less Sbeet Development Code Changes,Block One p.14 0 0 The provisions of this Section shall EY be waived for fences,walls,hodges or other plantings if it can be shown that visibility will not be restricted either because of a turnaround driveway or a parkway (tree lawn)greater than (8)feet. Development Code Changes,Block One p.15