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HomeMy WebLinkAboutORDINANCE 08-05o 0 ORDINANCE NO.8-05 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, BLOCK SEVEN AMENDMENTS (FINAL) WHEREAS,the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code,Block Seven (Final);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,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, Block Seven (Final)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:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED Y THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS /*DAY OF ,2005. “ TOWN OF ESTES PARK,COLORADO By: Mayor ProTem ATTEST: ‘C&,OEUa.J Town Clerk I hereby certify that the above Ordinance waa4ntroduced and read at a regular meeting of the Board of Trustees on the /4 day of S5tc-..c.,2005 and published in a newaper of general circulation in the Town ot€stes Park,Colorado,on the /74’day of __________________,2005, all as required by the Statutes of the State of Colorado. V __________________ Vickie O’Connor,Town Clerk 0 0 EXHIBIT A Amendments to the Estes Valley Development Code,Block Seven (Final) ___________ Estes Park Community Development Department Town Hall,170 MacGregor Avenue P0 Box 1200 Estes Park,CO 80517 Phone:970-577-3721 Fax:970-586-0249 www.estesnet.com TABLE OF CONTENTS CHAPTER 1.GENERAL PROVISIONS §1.9 RULES OF MEASUREMENT B.Lot Width Measurement 1-4 D.Setbacks—Building and Structure Setbacks 1-6 CHAPTER 2.CODE ADMINISTRATION AND REVIEW ROLES §2.1 CODE ADMINISTRATION AND REVIEW ROLES B.Table 2-1:Code Administration and Review Roles 2-1 CHAPTER 3.REVIEW PROCEDURES AND STANDARDS §3.1 GENERALPROVISIONS 3-1 C.Incomplete Applications or Insufficient Fees 3-1 §3.2 STANDARD DEVELOPMENT REVIEW PROCEDURE 3-3 B.Step 2:Application Timing and Certification of Completeness 3-3 C.Step 3:Staff Review and Report 3-4 F.Summary Table—Standard Development Review Process by Application Type ....3-5 G.Flow Chart of Standard Development Approval Procedure 3-6 §3.6 VARIANCES 3-9 B.Procedure for Approval of Variances 3-10 §3.7 MINOR MODIFICATIONS 3-11 A.Applicability 3-11 §3.8 DEVELOPMENT PLAN REVIEW 3-12 B.Applicability 3-13 §3.9 SUBDIVISIONS 3-14 B.Applicability 3-14 D.Minor Subdivisions 3-14 F.Effects of Approval 3-15 CHAPTERS.USE REGULATIONS §5.1 SPECIFIC USE STANDARDS 5-1 M.Outdoor Seating Areas or Food Service (Convenience Stores or Eating/Drinking Establishments)5-3 §5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY STRUCTURES 5-9 D.General Dimensional and Operational Requirements 5-20 C 0 CHAPTER 7.GENERAL DEVELOPMENT STANDARDS §7.1 SLOPE PROTECTION STANDARDS 7-1 A.Density Calculation for Residential and Accommodation Development on Steep Slopes in Excess of 12%7-1 §7.2 GRADING AND SITE DISTURBANCE STANDARDS 7-5 A.Applicability 7-5 C.Restoration of Disturbed Areas 7-9 §7.3 TREE AND VEGETATION PROTECTION 7-12 A.Applicability 7-12 §7.4 PUBLIC TRAILS AND PRIVATE OPEN AREAS 7-14 A.Applicability 7-14 §7.5 LANDSCAPING AND BUFFERS 7-17 A.Purpose and Intent 7-17 B.Applicability 7-17 C.Approval of Landscaping and Buffering Plan 7-18 D.General Landscaping Design Standards 7-18 E.Landscaping Requirements For Multi-Family and Nonresidential Uses 7-20 F.Buffering and Screening 7-21 G.Parking Lot Landscaping 7-23 H.Fences and Walls 7-25 I.Technical Landscaping Requirements 7-26 J.Maintenance Requirements 7-26 §7.6 WETLANDS AND STREAM CORRIDOR PROTECTION 7-27 C.Other Regulations 7-28 §7.7 GEOLOGIC AND WILDFIRE HAZARD AREAS 7-31 A.Applicability 7-31 B.Interpretation 7-31 C.Description of Regulated Hazard Areas 7-31 D.Hazard Area Delineation 7-31 E.Restrictions on Development 7-32 F.Mitigation Plan Requirements and Evaluation 7-33 §7.8 WILDLIFE HABITAT PROTECTION 7-33 G.Review Standards 7-35 §7.9 EXTERIOR LIGHTING 7-36 D.Design Standards 7-36 §7.11 OFF-STREET PARKING AND LOADING 7-38 D.Minimum Off-Street Parking Requirements 7-39 J.Accessible Parking for Disabled Persons 7-49 K.Access to Parking Areas 7-50 0.Parking and Loading Area Design Standards 7-53 §7.12 ADEQUATE PUBLIC FACILITIES 7-55 B.Applicability 7-55 C.General Requirements 7-55 I.Electricity 7-57 CHAPTER 10.SUBDIVISION STANDARDS §10.2 APPLICABILITY/SCOPE 10-1 B.Minor Subdivisions 10-1 §10.4 LOTS 10-2 A.Lot Dimensions and Configuration 10-2 §10.5 SUBDIVISION DESIGN STANDARDS 10-3 C.Streets 10-4 E.Utility Standards 10-5 F.Private Open Areas and Trails 10-7 2 0• CHAPTER 11.INCENTIVES §11.4 ATTAINABLE HOUSING DENSITY BONUS 11-4 D.Maximum Permitted Density Bonus 11-4 §11.8 FLOOR AREA RATIO LIMITS AND EXEMPTIONS 11-6 A.Purpose 11-6 B.Calculation of Exempted FloorArea 11-6 CHAPTER 12.ENFORCEMENT AND PENALTIES §12.1 APPEALS 12-1 C.Appeals from Final Decisions by Staff 12-1 D.Appeals from Final Decisions by the Estes Valley Boarti of Adjustment 12-1 E.Appeals from Enforcement Actions 12-1 F.Timing of Appeals 12-1 CHAPTER 13.DEFINITIONS §13.3 DEFINITIONS OF WORDS,TERMS AND PHRASES 13-17 APPENDIX B.SUBMITTAL REQUIREMENTS ATTACHMENTS: A.Form and Acknowledgment for Dedications B-41 B.Forms for All Plan Certifications B-51 APPENDIX D.STREET DESIGN AND CONSTRUCTION STANDARDS I.GENERAL A.Standards of Construction D B.Typical Cross-Sections C.Terrain Classification D D.Modifications and Waivers D II.STREETS A.Street/Road Construction and Design Specifications B.Width and Thickness D C.Lane Separations D.Private Streets E.Cul-de-Sacs and Dead-end Streets F.Street Intersections G.Vertical Alignment H.Horizontal Alignment I.Curb and Gutter J.Street Dedication D K.Part Width Street L.Additional Rights-of-Way 0- M.Street Paving and Signs 0- N.Roadside Delineators D III.GENERAL SITE ACCESS 0- A.Access to Public Streets D B.Driveway Access—General Standards IV.INTERSECTION AND DRIVEWAY VISIBILITY V.SIDEWALKS,PEDESTRIAN CONNECTIONS,AND TRAILS D VI.EROSION CONTROL D VII.FLOOD PROTECTION D VIIIJREE AND VEGETATION PROTECTION DURING CONSTRUCTION AND GRADING ACTIVITIES IX.OTHER REQUIREMENTS D 3 0 CHAPTER 1.GENERAL PROVISIONS §1.9 RULES OF MEASUREMENT B.Lot Width Measurement.Lot width refers to the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line or the chord thereof.The minimum lot width shall be measured between the side lot lines along a line that is parallel to the front lot line and located the minimum front setback distance from the front lot line.Lot width standards shall apply to lots that do not have a front lot line,i.e.lots that do not abut a street.In these cases,the Decision-Making Body shall determine where to measure lot width.See Figure 1-1. D.Setbacks—Building and Structure Setbacks. 1.Building and Structure Setbacks from Lot Lines. b.Features Allowed Within Building Setbacks: (9)Signs that comply with applicabie sign regulations (10)Postal boxes. (11)Parking lots that comply with landscaping standards 7.5.G “Parking Lot Landscaping. c.Front Setbacks on Corner Lots and Double-Frontage Lots: double-frontage lots,all sides of the lot with street frontage establish the applicable front yard setback.See Figure 1-2. set forth in Section For corner lots and shall be required to §2.1 CHAPTER 2.CODE ADMINISTRATION AND REVIEW ROLES CODE ADMINISTRATION AND REVIEW ROLES ...,,REVIEW AND DECIsION-MAKING AUTHORITY PaGGEDURE Slaff EVPC Boards ill BOA LI) Code Text Amendments R R DM — Zoning Map Amendments R R DM — Comprehensive Plan R DM R — Adoption/Amendment Subdivisions: Preliminary Plat P R UM — Final Pha R —DM — Minor Subdivisions FI R R DM NOTES TO TABLE 2-I: I B.Table 2-1:Code Administration and Review Roles 4 0 0 [1]The Boards and the BOAs shall have decision-making authority on the applications shown in Table 2-1 only as applied to properties located within their respective Town or County jurisdictions. [2]The Boards shall have authority only for appeals taken from the EVPC (not Staff)action on applications for minor modifications. [3]The Staff shall have decision-making authority on development plan applications specified for “Staff Review”in Table 3-3 of this Code.See §3.8,“Development Plan Review.”The EWC shall have decision-making authority on those development plans specified for “EVPC Review”in Table 3-3 of this Code.Appeals from Staff decisions on a development plan shall be to the EVPC.Appeals from EVPC decisions on a development plan shall be to the respective Board. [4]The Staff shall have decision-making authority on applications seeking minor modifications of Code standards by no more than 10%;whereas,the EVPC shall have decision-making authority on all applications seeking minor modifications of Code standards by 10%or more, but in no case greater than 25%.See §3.7,“Minor Modifications.”Appeals from Staff decisions on applications for minor modifications shall be to the EVPC. [5]Land Consolidation Plats shall not be subject to review by the Planning Commission. CHAPTER 3.REVIEW PROCEDURES AND STANDARDS §3.1 GENERAL PROVISIONS C.Incomplete Applications or Insufficient Fees.Applications shall be reviewed for completeness within eight (5)working days of filing.If the Staff determines that the application is complete,the application shall then be processed.If the Staff determines that it is incomplete,they shall return the application to the Applicant as incomplete and specify the specific ways in which the application is deficient.No further processing of the incomplete application shall occur until the deficiencies are corrected.Any application that is not accompanied by the required fee shall be found incomplete.Fees shall not be required with applications initiated by the Staff,Planning Commission or Boards, §3.2 STANDARD DEVELOPMENT REVIEW PROCEDURE B.Step 2:Application Timing and Certification of Completeness. 1.Except for variances,all development applications shall be submitted to Staff a minimum of fifty-five (55)days prior to the next regularly scheduled EVPC meeting at which the application will be reviewed.See §3.6 regarding variances,Staff shall have the discretion to shorten submittal time frames. 5 0 0 2.Within eight (8)working days of submittal,the Staff shall either certify the application as complete and in compliance with all submittal requirements or reject itas incomplete and notify the Applicant of any deficiencies.See §3.1.C above. C.Step 3:Staff Review and Report.No later than fourteen (14)days prior to EVPC meeting,Staff shall refer the development application to the appropriate review agencies,review the development application and prepare a staff report.No changes to the development application or any accompanying plans or information shall be permitted after submittal,except for any changes or additional information requested by the Staff during their review. F.Summary Table—Standard Development Review Process by Application Type. Step I Application!Sttp 3 Prt-Applicittion CompktenLsb StaffRincw&SEcp 3 Sttp 5 Conference Certification Report EVPC Action Board Action Zode Amcn t&E4 A A A A ‘reiimWbawMpr M A A A A Final Y A A &A A UWPnliyPI A A A A PUThElnaiPlan Ni A A ILA A pecial Review U,e A A A A Variances (Ord 18-01 #5)M A A 1A U2A Minor Modfficatlonp I A LA DeeiopmcntPlafl*,M A A-SR A-SR APP [Jclas1fatlonS I A A NLA epante Is Determinations I A A NLA APP remporflyUsePennlts I A A N/A %llnor Subdhision (Ord 18-01 A A A A nnnorwOrd.18-A A &A Ar =Voluntary “lvi”=Mandaton’“A”=Applicable “WA”=Not Aiwlicahie “APP”=Appeals ‘BOA”=Board ofMjusflneut “SW’=Special Requirements (Refer to Test) 6 C G.Flow Chart of Standard Development Approval Procedure. C STANDARD DEVELOPMENT REVIEW PROCEDURE Step 1:Pre-AppIlcation Conference Step 2:Application Submittal • Nottecf •Defciencies Staff Reviews for Completeness and CenWies or Releds V Step 5:RevIew and Action by Town Board? Board of County Commissioners Applicant ha,ao day!from I Board actionBoardactiontocomplywtthdeemedfinal I I conditions of approv& : §3.6 VARIANCES B.Procedure for Approval of Variances. 1.Step 2:Application Timing.Applications for variances shall be submitted to Staff a minimum of forty-two (42)days prior to a regularly scheduled meeting of the BOA. Staff shall have the discretion to shorten submittal timeframes. Step 3:Staff Review of Complete Application r ;;i;;;;;;:_______EVPC actionEVPCactiondatetocomplyIdeemedIlnal I with conditions of approval L. 7 0 0 §3.7 MINOR MODIFICATIONS A.Applicability. 2.Minor Modifications from General Development and Zone District Standards. a.Staff Authority to Grant Minor Modifications.Staff may grant minor modifications up to a maximum of ten percent (10%)from the following general development and zone district standards,provided that the Staff finds that such modification advances the goals and purposes of this Code and either results in less visual impact or more effective environmental or open space preservation,or relieves practical difficulties in developing a site: (1)Minimum lot area and dimensional requirements; (2)Yard and building setback requirements; (3)General development standards set forth in Chapter 7;or (4)Subdivision design standards set forth in Chapter 10. b.EVPC Authority to Grant Minor Modifications.The EVPC may grant minor modifications up to a maximum of twenty-five percent (25%)from the following general development and zone district standards,provided that the EVPC finds that such modification advances the goals and purposes of this Code and either results in less visual impact or more effective environmental or open space preservation,or relieves practical difficulties in developing a site: (1)Minimum lot area and dimensional requirements; (2)Yard and building setback requirements; (3)General development standards set forth in Chapter 7;or (4)Subdivision design standards set forth in Chapter 10. §3.8 DEVELOPMENT PLAN REVIEW B.Applicability.All development set forth in Table 3-3 below shall be required to submit a development plan for review pursuant to the procedures and standards set forth in this section.See also §7.1.B,which requires development plans for all new development on land with slopes steeper than thirty percent (30%)or on land containing ridgeline protection areas.No development,excavation,site preparation or construction activity,including tree/vegetation removal or grading,shall occur on property subject to this Section until a development plan has been approved. 8 a C Table 3-3 Development Plan Review Requirements Determining Factor Staff Review [1]EVPC Review All Nonresidential Development,Except Accommodations Development,in any Zoning District Number of Parking Spaces 10—20 21 or more Construction of Gross Floor Area 2,000-10,000 sq.ft.More than 10,000 sq.ft. Major alterations that also entail alteration to the number of parking spaces,the configuration of parking,2,000-10,000 sq.ft.More than 10,000 sq.ft. ingress,egress,water,sewer, drainage,or lighting on the premises All Residential or Accommodations Development Number of New Dwellings,Guest Units,and/or RV pad/campsites 3—10 11 or more Major alterations that also entail alteration to the number of parking spaces,the configuration of parking,3-10 dwellings,guest units,and/or 11 or more dwellings,guest units, ingress,egress,water,sewer,RV pad/campsites and/or RV pad/campsites drainage,or lighting on the premises (Ord 18-01 #7) Note to Table 3-3: [1]All Special Review Uses shall be subject to Planning Commission and Board review and approval of development plans. §3.9 SUBDIVISIONS B.Applicability.All subdivisions shall be subject to the approval procedures set forth in this Section. D.Minor Subdivisions. 1.Defined.Minor subdivisions shall be defined as follows: a.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 street,and that the subdivision entails no extension of public 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.Frontage Lot subdivisions shall be titled as a “Subdivision”. b.Boundary Adiustments.Division of one (1)or more lots,tracts or parcels of land for the purpose of adjusting boundary lines between such lots,tracts or 9 Q Q parcels of land and adjacent lots,tracts or parcels of land,which adjustments do not create additional lots or building sites for any purposes,shall be considered a minor subdivision for review procedure.Boundary Adjustments shall be titled as a “Boundary Line Adjustment”for properties not within a platted subdivision,or “Amended Plat”for properties within a platted subdivision.The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: “Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon.Such adjustments do not create additional lots or building sites for any purposes.The area added to each lot shown hereon by such adjustment is to be considered an addition to,shall become a pad of,and shall be conveyed together with,each lot as shown.” c.Land Consolidation Plats.Unplatted contiguous legal lots approved for single- family residential development can be combined with a land consolidation plat. Land Consolidation Plats shall be titled as a “Land Consolidation Plat”.The final plat shall clearly indicate the original boundaries of each lot and shall contain the following statement: “Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon.Such adjustments do not create additional lots or building sites for any purposes.” 2.Hazard Areas.Except Land Consolidation Plats,areas with geologic hazards as defined by §7.7 of this Code shall not be eligible for the minor subdivision process. (Ord.18-01 #9) 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 (Ord.18-01 #10),except that land consolidation plats shall not be subject to review by the Planning Commission.Land consolidation plats shall follow the review timeframe established for Final Plats. 4.Submittal Requirements.Boundary Line Adjustments and amended plats involving exchange of land shall require deeds describing the resultant parcels,signed and dated by owners,dated,and sealed by a Notary Public,shall be submitted with the mylars.(Note:This requirement was not in the copy reviewed by Planning Commission). 5.Modifications and Waivers.The Community Development Director,or designee, shall have authority to grant modifications and/or waive standards set forth in Chapter 10 in conjunction with a boundary adjustment or land consolidation plat. Approval of requested modifications and/or waivers shall require that the Director finds approval of such modification andlor waiver: a.Advances the goals and purposes of this Code; 10 0 C b.Either results in less visual impact,more effective environmental or open space preservation,relieves practical difficulties in developing a site,or results in the use of superior engineering standards than those required by this Code; c.There will be no increase in the intensity of use;and d.There will be no increase in development and/or demand for services that necessitates compliance with EVDC standards. F.Effects of Approval. 1.Effect of Approval of a Minor Subdivision.Within sixty (60)days of the Board’s approval of the minor subdivision,the developer shall submit the minor subdivision final plat for recording.If the minor subdivision plan is not submitted for recording within this sixty-day time period,the approval shall automatically lapse and be null and void. 3.Effect of Approval of a Final Subdivision PlaL Within sixty (60)days from the date of the Board’s action on the final subdivision plat,the Applicant shall make all required revisions,if any (see §3.2.E above),and shall submit the final subdivision plat to the Town for recording.If the final plat is not submitted for recording within this sixty-day time period,the approval shall automatically lapse and be null and void. CHAPTER 5.USE REGULATIONS §5.1 SPECIFIC USE STANDARDS M.Outdoor Seating Areas or Food Service (Convenience Stores or EatinglDrinking Establishments). 1.Outdoor Seating Areas. c.In approving outdoor seating areas,the Decision-Making Body may impose conditions relating to the location,configuration and operational aspects (such as lighting)of such outdoor seating areas to ensure that such outdoor seating areas will be compatible with surrounding uses,will be maintained in an attractive manner and will comply with applicable Building and Fire Codes. §5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY STRUCTU RES D.General Dimensional and Operational Requirements.The following standards shall apply to all accessory uses and structures in all zoning districts,except for:(1) Satellite antenna dishes accessory to residential uses that are one (1)meter or less in diameter;and (2)Satellite antenna dishes accessory to nonresidential uses that are two (2)meters or less in diameter. 11 C)C:) 1.Time of Establishment.No Change Proposed. 2.Setbacks.No Change Proposed. 3.Setbacks from Easements.No Change Proposed. 4.Maximum Building or Structure Size.No Change Proposed. 5.Building or Structure HeighL No Change Proposed. CHAPTER 7.GENERAL DEVELOPMENT STANDARDS §7.1 SLOPE PROTECTION STANDARDS A.Density Calculation for Residential and Accommodation Development on Steep Slopes in Excess of 12%. 1.Applicability These density calculation provisions shall apply to all new residential and accommodation development in the Estes Valley,except for the following: a.Single-family residential development on a lot created and approved for such use prior to the effective date of this Code. §7.2 GRADING AND SITE DISTURBANCE STANDARDS A.Applicability.These grading and site disturbance standards shall apply to all new development in the Estes Valley,except for single-family residential development on a lot created and approved for such use prior to the effective date of this Code. C.Restoration of Disturbed Areas. 2.Revegetation Required.Areas disturbed by grading shall be contoured so they can be revegetated and shall be revegetated within one (1)growing season after construction,using native species similar to those growing on the site when such revegetation does not contribute to hazards.Revegetation shall be sufficient to provide erosion control and to prevent the invasion of weeds.(See also §7.3 and §7.5 regarding tree/vegetation preservation and landscaping requirements.)Plans for revegetation of cut-and-fill and graded slopes shall be included as part of the landscaping plan submitted as part of the project development plan approval process. §7.3 TREE AND VEGETATION PROTECTION A.Applicability.These tree and vegetation protection standards shall apply to all new development in the Estes Valley,except for single-family residential development on a lot created and approved for such use prior to the effective date of this Code. 12 a C §7.4 PUBLIC TRAILS AND PRIVATE OPEN AREAS A.Applicability. 1.Trails.All new subdivisions shall provide for public trails pursuant to this Section and Chapter 4,“Zoning Districts.” §7.5 LANDSCAPING AND BUFFERS A.Purpose and Intent.The intent of this Section is to establish standards to protect and enhance the Estes Valley’s appearance by the installation of appropriate landscaping and buffering materials;to encourage the preservation of native plant communities and ecosystems;to maintain and increase the value of land by providing for restoration of disturbed areas and by incorporating adequate landscaping into development;to restrict the spread of invasive plant species that disrupt and destroy native ecosystems;to encourage skilled installation and continued maintenance of all plant materials;and to establish procedures and standards for the administration and enforcement of this Section. B.Applicability.These landscape and buffer standards shall apply to residential subdivisions created after the adoption of this Code,and to all development where development plan review is required by Section 3.8 of this Code. C.Approval of Landscaping and Buffering Plan. 1.No development plan required under this Code shall receive final approval unless a landscaping and buffering plan meeting the requirements of this Section has been submitted and approved.Landscaping plans may include provision for phasing.Refer to Appendix B for landscaping plan submittal requirements. 2.Alternatives to the specifications concerning minimum plant sizes and quantities set forth in this Section may be authorized by the decision-making body,provided that the Applicant submits a detailed landscaping plan and that the decision- making body determines that the proposed landscaping satisfies the purpose and intent of this Section. 3.No certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscaping and buffering plan: a.Such plan has been fully implemented on the site and inspected by Staff;or b.Such plan,which cannot or will not be implemented immediately because of seasonal conditions or phasing,but has been guaranteed by an improvement agreement (or included in an approved development agreement)in a form agreeable to the Town or County and secured by a letter of credit,cash escrow or other instrument acceptable to the Town or County,in an amount equal to one hundred fifteen percent (115%)of the cost of materials and labor for all elements of the landscape plan. 13 0 0 c.A landscaping as-built plan,including sizes and quantities,details regarding revegetation,and irrigation,shall be submitted to Staff prior to inspection. D.General Landscaping Design Standards.The following minimum standards shall apply to all landscaped areas developed under the requirements of this Section.See Subsections E through I below for additional specific landscaping requirements for multi-family,accommodation and nonresidential developments. 1.Aesthetic Enhancement Requirements.Landscaping shall be utilized in the design to enhance the aesthetic quality of the property by adding color,texture and visual interest while obscuring views of parking and unsightly areas and uses.In locations where new development alters visually attractive and distinctive natural landscapes,the selection and arrangement of new plantings shall be designed to complement and enhance the natural landscape character of the site. 2.Plant Materials. a.Use of Native or Adaptive Plant Materials.Refer to Appendix C for lists of plant materials considered native or appropriate.In order to further water conservation and to assure adequate growth and survival of new plantings,all landscape plans shall be comprised entirely of native or adapted plants that reflect the surrounding plant materials and environment.All proposed plant materials shall be chosen from these lists unless Staff approves an equivalent alternative. b.Existing Plant Materials.Healthy,existing trees,grasses,and shrubs shall be incorporated into the landscape to the maximum extent feasible.These existing plants shall be shown on the landscape plan and labeled as “existing.” Similarly,existing and retained trees shall be listed on the plan’s plant list with their current size shown. (1)Landscaping Credit.Existing trees and shrubs shall be credited against landscaping requirements provided they meet applicable standards such as size and location requirements. (2)Preservation of Existing Trees.If located within twenty-five (25)feet of a property line at the street,no existing tree of four (4)inches DBH or greater, or dense stand of trees or shrubs of four (4)or more feet in both depth and height shall be removed,unless dictated by plant health,access,safety or identification of the premises,all as determined by Staff.See §7.3,‘Tree and Vegetation Preservation,”above,for additional requirements regarding preservation of existing and significant trees and plant material. (3)Root zones.Design of the landscape shall take retained,existing trees into consideration with an adequate area provided around each tree that is free of impervious material to allow for infiltration of water and air.This pervious area shall be equal to one and one-half (1.5)times the drip line of the tree. The root zones of existing trees and shrubs to be preserved shall be protected from unnecessary disturbance due to cut or fill grade changes. The location of underground utility lines shall be carefully planned to avoid 14 0 0 unnecessary disturbance of root zones that would threaten the survival of existing trees and shrubs to be preserved.(See also Appendix D for protection of trees/vegetation during construction activities.) c.Species Mix.Species variation is required for all landscape plans because species uniformity can result in disease susceptibility and eventual demise of a large portion of a landscape at one (1)time.Landscape plans shall exhibit species variation,which shall increase based on the number of trees proposed in the landscaping plan. d.Plant Sizes.At the time of installation,plants shall be no smaller than the following: (1)Deciduous trees: (a)Fifty percent (50%)of amount on site:four-inch caliper. (b)Fifty percent (50%)of amount on site:two-inch caliper. (2)Evergreen trees: (a)Fifty percent (50%)of amount on site:eight (8)feet tall. (b)Fifty percent (50%)of amount on site:six (6)feet tall. (3)All shrubs:five-gallon. (4)It may be necessary for plant size to exceed these minimums in order to meet special buffering or screening needs.Individual species’growth rates and patterns shall be considered when choosing the installation size of plants. e.Plant Quality.All plant material shall meet the American Association of Nurserymen specifications for Number 1 grade,and shall comply with the quality standards of the Colorado Nursery Act,Title 35,Article 26,C.R.S.,as amended. f.Plant Quantity.See Subsections E through I below for the quantity of landscaping required for each specific use category subject to this Section’s requirements. 3.Location and Arrangement of Required Landscaping. a.The selection and arrangement of new plantings shall be planned to create visual appeal,to provide effective screening,to define site circulation,and to enhance the use of the site. b.All required landscaping elements shall be located on the property they serve. Landscaping located on adjacent properties or street right-of-way shall not count toward the landscaping requirements of this Section. c.All required landscaping shall be located outside of any adjacent right-of-way unless a waiver is received from Estes Park or Larimer County Public Works. 15 0 0 d.Trees shall be planted to allow for normal growth in height and shape without the need for excessive pruning.Refer to Appendix C for spread characteristics. e.Trees shall be planted no closer than seven (7)feet from any structure and shall be installed with at least fifty-five (55)square feet of nonpaved area around the trunk. f.No trees shall be planted within five (5)feet on either side of water or sewer main lines.All plantings shall be set back from overhead power lines or be of a type whose structure will not grow high enough to interfere with the power lines. g.Trees with a mature height of more than twenty-five (25)feet shall not be planted under utility lines.Refer to Appendix C for height characteristics. h.Plants that will exceed six (6)inches in height shall not be planted within three (3)feet of a fire hydrant.Refer to Appendix C for height characteristics. i.No trees shall be located within twenty-five (25)feet of street intersections or ten (10)feet from fire hydrants and utility poles. 4.Restoration and Revegetation of Disturbed Areas.All portions of the site where existing vegetative cover is damaged or removed,that are not otherwise covered with new improvements,shall be successfully revegetated with a substantial mixed stand of native or adapted grasses and ground covers.The density of the reestablished grass vegetation after one (1)growing season shall be adequate to prevent soil erosion and invasion of weeds.See §7.2 C,‘Restoration of Disturbed Areas.” 5.Irrigation.All newly installed landscapes shall include a properly functioning automated sprinkler system with individual drip lines for nonturf areas.Other forms of irrigation may be approved on a case-by-case basis by Staff,A functional irrigation system is required for final approval of installed landscaping and release of associated collateral or assurances. 6.Requirements Not Cumulative.The various requirements set forth in the following sections shall not be cumulative.For example,impervious coverage requirements may be used to satisfy other landscaping requirements such as district buffer and street frontage requirements provided individual requirements not fall below their minimums.Where Larimer County Engineering Department or the Town of Estes Park Public Works Department require living snow fences,those requirements shall be counted toward the requirements of this Section. E.Landscaping Requirements For Multi-Family and Nonresidential Uses. 1.All multi-family and nonresidential land uses,except in the “CD’district,shall install at least one (1)tree and three (3)shrubs for every one thousand (1,000) square feet of lot area covered by impervious surfaces,excluding parking lots.but including drives,sidewalks,and other hard surfaces. 16 0 0 2.Planting beds may contain a combination of living plant materials and mulch. Living materials shall comprise no less than fifty percent (50%)of the required planting beds. 3.Plant materials shall be located to enhance views from public streets and sidewalks. F.Buffering and Screening. 1.Purpose.Buffering is intended to help mitigate the physical,visual and environmental impacts created by development on adjacent properties.Buffering and screening creates a visual buffer between incompatible or differing land uses. 2.Applicability.Buffering is required in the following circumstances: a.District Boundaries. (1)A landscaped buffer shall be planted on the boundary between the zoning districts set forth below,unless the abutting property is determined by Staff to be unbuildable or visually separated by topographic features.District buffers shall not be required for areas where street frontage buffer requirements are met. (2)The buffer shall be planted within twenty (20)feet of the district boundary. (3)A minimum buffer consisting of eight (8)evergreen trees and eleven (11) shrubs per one hundred (100)linear feet of district boundary shall be installed between the following zoning districts: (a)An industrial district and any other zoning district; (b)A commercial or accommodations district and any residential district; (c)A multi-family residential district and any other residential district;or (d)A commercial district and any accommodations district. b.Street Frontage Buffers. (1)Purpose:Landscaping in areas located adjacent to streets is intended to create tree-lined streets,provide shade,improve air quality,and enhance property values through improved views for the traveling public. (2)Exemption:The following shall be exempt from these Street frontage buffer requirements: (a)Single-family developments and subdivisions,except in the RM zoning district. (b)All development in the CD zoning district. (c)Development in the CH and I-i zoning districts shall be exempt from the nonarterial buffer requirements only. 17 C 0 (3)Property Abutting Arterial Streets.All development on property abutting an arterial street shall provide a landscaped buffer with a minimum width of twenty-five (25)feet along the entire arterial street frontage.See Figure 7-8. (4)Property Abutting Nonarterial Streets.All development on property abutting a nonarterial street shall provide a landscaped buffer with a minimum width of fifteen (15)feet along the entire street frontage.See Figure 7-8. (5)Planting Requirements (See Figure 7-8). (a)Arterial Street Frontage: (i)One (1)tree shall be planted for each twenty-five (25)lineal feet of street frontage and one (1)shrub for each ten (10)lineal feet of street frontage positioned to adequately buffer developed frontage as viewed from adjacent street or right-of-way as determined by the Decision-Making Body. (U)Side Lot Line Planting Area:Side lot line planting is required for premises abutting an arterial street,but not in the CD or Cl-I districts. Required sideline planting shall be provided within five (5)feet of the side lot line between the front lot line and the building line. (b)Nonarterial Street Frontage:One (1)tree shall be planted for each forty (40)lineal feet of street frontage and one (1)shrub for each fifteen (15) lineal feet of street frontage positioned to adequately buffer developed frontage as viewed from adjacent street or right-of-way as determined by the Decision-Making Body. (6)No Development in Street Frontage Buffer Area.Within the street frontage buffer,there shall be no development,parking or drives,except for access to the portion of the site not in the buffer,which is approximately perpendicular to the right-of-way,underground utility installation,pedestrian and bicycle paths,allowable signs and necessary lighting. c.Service Areas.All multifamily and nonresidential service areas,such as dumpsters,other trash receptacles and ground-mounted mechanical equipment,shall be screened from public view on three (3)sides by a solid wall or fence at least six (6)feet in height and on the fourth side by a solid gate at least five (5)feet high.The screening structure and gate shall be architecturally compatible with the principal building(s)on the site. d.Loading Areas.All commercial and industrial loading areas and docks shall be screened from view from public rights-of-way and residential zone districts. e.Berms.Berms may be utilized as part of street frontage landscaping,but shall vary in height over the length of the berm. 18 0 0 Figure 7-8 3.Responsibility for Buffering.Buffering shall be the responsibility of new development.Existing land uses may be required to provide buffering if the use is changed,expanded,enlarged or in any other way increases the impacts on adjacent properties or rights-of-way over what is present at the time this regulation is adopted.It shall be the responsibility of the expanded or changed land use to evidence what the uses and impacts were at the time of adoption of this regulation. 0 S4.*U4 E EVVM 0 Lb*AL ARTERIAL SWEU •j’I sins ros EVERY H LE&)Fir STREET FRGSTh vsrn0flHq3 ROGUWILU€PIfl •HRIFI ‘CLOt QAOWW. POT E’.OtY ‘ao NON3RTERLAL SmEET 19 a 4.Method of Calculation.Graphic 7.1 shall serve as a guide for for calculation of buffer requirements. (fferent zone thstnct) measuring distances G.Parking Lot Landscaping. Graphic 7.1 1.Purpose.Parking lot landscaping is intended to improve the views from adjacent properties and public use areas,alter the microclimate of parking areas by providing shade and reducing reflected heat,and break up large areas of impermeable surface allowing areas for water infiltration. 2.Perimeter Landscaping. a.Applicability.All parking lots containing six (6)or more spaces shall provide perimeter landscaping pursuant to the General Requirements below,except where abutting property is determined by Staff to be unbuIldable or visually separated by topographic features.Parking lots in the I-i and Cl-I districts shall be exempt.See Figure 7-9. b.General Requirements (See Figure 7-9). (1)All parki planting planting ng areas shall be separated from property lines at the street by a area at least twenty-five (25)feet wide on arterial streets and by a area at least fifteen (15)feet wide on other street property lines. 7 4 DC A I...j:ç—,--iLi .—B—i—Q——-.B A Dishia Buffer B Sb-eel Buffer c=Paikinsi lot eiiin Li C0 N (Street) 20 0 0 (2)All parking areas shall be separated from side and rear property lines by a planting area at least eight (8)feet wide. (3)All parking lots or areas shall be separated from the high water mark of all river banks by a minimum setback of fifty (50)feet1 except in the CD district where the setback shall be a minimum of twelve (12)feet.The required perimeter landscaping shall be provided within this setback area through retention of existing vegetation,or through additional new tree and shrub plantings as needed to meet the required minimum quantities of perimeter plantings.See §7.6.E below. (4)Perimeter landscaping shall provide a semi-opaque screen during the winter season. c.Berms.Berms may be utilized as part of perimeter landscaping but shall vary in height over the length of the berm. d.Walls/Fences.Where walls or fences are used,a minimum of one (1) evergreen tree or three (3)shrubs are required for every forty (40)linear feet of wall or fence and shall be planted on the side of the fence or wall facing the surrounding streets,walks,parks,trails or other public use properties. e.Perimeter Planting Requirements: (1)A minimum of one (1)tree per twenty (20)lineal feet and one (1)shrub per five (5)lineal feet shall be planted along the perimeter of any parking lot area located adjacent to an arterial street.A minimum of one (1)tree per thirty (30)lineal feet and one (1)shrub per ten (10)lineal feet shall be planted along the perimeter of any parking lot area located adjacent to nonarterial streets.See Figure 7-9. (2)For parking lot areas that are adjacent to a side or rear lot line,one (1)tree per thirty (30)lineal feet and one (1)shrub per five (5)lineal feet shall be planted along the perimeter of any parking area located along the lot line. (3)Plants should be grouped,not evenly spaced. 3.Parking Lot Interiors. a.Applicability.All parking lots with thirty (30)or more parking places shall comply with these interior parking lot landscaping requirements.Interior parking lot landscaping requirements shall be in addition to all other landscaping requirements;no other landscaping requirement may be used to fulfill interior parking lot landscaping requirements. b.Minimum Requirement:A minimum of six percent (6%)of the total interior parking lot area shall be landscaped with planted islands.A minimum of one (1)tree and two (2)shrubs must be planted in interior islands for every two thousand five hundred (2,500)square feet of parking lot,exclusive of perimeter plantings.See Figure 7-9. 21 0 c.Landscaped Islands: 0 (1)Individual landscaped islands shall include a minimum of one (1)tree,an automated sprinkler and raised concrete curbs. (2)Landscaped islands shall be at least one hundred (100)square feet in size with the smallest dimension being six (6)feet to allow for adequate root aeration and expansion.See Figure 7-9. (3)Islands shall be arranged to maximize shading of parking spaces. (4)Plantings shall be arranged so as not to interfere with driver vision,vehicle circulation or pedestrian circulation. (5)To the maximum extent feasible,landscape islands shall be incorporated in the stormwater management plan and located to break up large areas of impermeable surface allowing areas for water infiltration. H.Fences and Walls.Fences and walls are permitted as elements of a landscape plan and,in some locations,may be used to conceal storage or other unsightly or conflicting land uses.All fences or walls shall meet the following requirements: 1.Materials. a.Fences or walls shall be constructed of wood,stone,brick,decorative concrete block,wrought iron (or products created to resemble these materials),a ‘0 LN*F+fl ,s&‘GtOTLRC Figure 7-9 77 0 o combination of any of these materials,or other materials as approved by the Decision Making Body. b.All fencing shall be finished on both sides,except fencing accessory to a residential use or development,which shall be finished on all sides that are visible from off-site. c.Plywood,particle board,sheet metal,concrete slabs,concrete barriers or similar materials shall not be used for fencing or walls intended to provide screening or buffering. d.Chain link fencing shall not be used for screening or buffering purposes.Chain link fencing may be allowed for security purposes as approved by the Decision Making Body.No slats shall be allowed with chain link fencing. e.Barbed-wire and similar fence materials may be only be used in conjunction with a permitted agricultural use or in conjunction with the permitted keeping of horses or livestock. 2.Fences/Walls Abutting Public Roads,Where opaque or solid fencing will abut a public road,it shall be screened from the road.Breaks in the screening shall be created and changes in fence setbacks,heights or materials shall also be utilized to provide visual diversity.Where more than two (2)consecutive rear lot lines will abut a public right-of-way,it shall be the developers responsibility to install the wall or fence that will delineate the property line in order to assure diversity of setback,screening and streetscape views. 3.Plantings in Conjunction with Fences/Walls.Where opaque or solid fencing continues for more than forty (40)feet along a buffer zone,the buffer requirements shall be located between the fence and the area to be buffered.Where opaque or solid fencing continues for more than forty (40)feet of street frontage,a minimum of one (1)evergreen tree and three (3)shrubs shall be planted on the outer or public side of the fence for each forty (40)linear feet of fence. 4.Fences and Wa//sin Critical Wildlife Habitat.See §7.8.G.1.c below for standards. I.Technical Landscaping Requirements. 1.Protection of Landscape from Vehicular Damage.Wheel stops,curbs or other elements intended to keep vehicles out of landscaped areas shall be set back from existing plant materials an adequate distance. 2.Protection from Midlife Damage.To protect landscaping from wildlife-related damage,transparent fences (including very low-voltage electrified fencing),walls or other architectural elements shall be included around landscaped areas in all landscape and buffering plans.Materials shall be compatible with materials used for structures on the site.No chain link fencing shall be allowed to protect landscaping from wildlife damage. 23 0 0 J.Maintenance Requirements. 1.Maintenance Required.Required landscaping shall be maintained in a healthy, growing condition at all times.The property owner is responsible for regular irrigating,pruning,weeding,mowing,fertilizing,replacement of plants in poor condition and other maintenance of all plantings as needed. 2.Maintenance of Landscape Structures.Where walls,fences or other structures are an integral part of the landscape plan,such structures shall be maintained in good repair.Fences that are leaning,broken,have missing pieces,peeling paint or are in any other way damaged shall be immediately repaired or replaced.Walls with missing bricks or blocks,crumbling mortar or other aesthetic or structural defects shall be immediately repaired. 3.Replacement.The following plant material conditions require plant removal and replacement: a.Deciduous trees and shrubs that fail to produce leaves on more than fifty percent (50%)of the plant by July 1st of the calendar year. b.Evergreen trees and shrubs with needle loss or browning over more than fifty percent (50%)of the tree. c.Damaged plant materials that have split trunks,loss of major branch structure, loss of leader shoot or other damage that a certified nurseryman confirms will ultimately cause the premature death of the plant. d.Diseased,insect-infested or parasite-infested plants that cannot be adequately treated to prevent premature death or to prevent contamination of other plant materials. e.Removal and replacement shall occur during the same growing season in which plant material exhibits at least one (1)of the above conditions.Where seasonal or adverse weather conditions make replanting or replacement within such a time period impractical,Staff may grant an extension and may require adequate fiscal assurance,if needed,from the Applicant or owner to assure replacement. 4.Enforcement.All plantings shall be subject to periodic inspections to insure compliance with this regulation and the approved landscape plan.Failure to comply with the Maintenance Plan shall be a violation of this Code,subject to the enforcement and penalties provisions set forth in Chapter 12. §7.6 WETLANDS AND STREAM CORRIDOR PROTECTION C.Other Regulations 1.This Section does not repeal or supersede any existing federal,state or local laws, easements,covenants or deed restrictions.When this Section imposes a higher or more restrictive standard than found in another applicable ordinance,statute or regulation,this Section shall apply. 24 0 0 2.No person shall engage in any activity that will disturb,remove,drain,fill,dredge, clear,destroy or alter any area,including vegetation,within a wetland that falls in the jurisdiction of the federal government and its agencies,except as may be expressly allowed under applicable federal laws or regulations. §7.7 GEOLOGIC AND WILDFIRE HAZARD AREAS A.Applicability.All new subdivisions and development,including residential development on lots of record approved prior to the effective date of this Code,shall comply with the procedures and standards set forth in this Section. B.Interpretation.The provisions of this Section shall be interpreted to apply in conjunction with all other applicable local,county and state land use requirements. Whenever a provision of any other land use regulation conflicts with the intent of this Section,the provisions of this Section shall apply. C.Description of Regulated Hazard Areas.Hazard areas regulated by this Section shall include all areas that are or that may become hazardous due to environmental conditions.The hazards include,but are not limited to,the following:wildfire, avalanche,landslide,rock fall,mud flow and debris fan,unstable or potentially unstable slopes,seismic effects,radioactivity,ground subsidence and expansive soil and rock. D.Professional Qualifications.All maps and reports required by this section must be prepared by or under the responsible direction of a duly qualified professional. 1.Wildfire hazard analysis required by this Section must be prepared by or under the direct supervision of a professional forester with at least two years experience with wildfire hazards in the Rocky Mountain region. 2.Geologic hazard analyses required by this Section must be prepared by or under the direct supervision of a professional geologist with experience in engineering geology or geotechnical engineering. 3.Engineering work required by this Section must be prepared by or under the direct supervision of a licensed professional engineer who is experienced in the engineering specialty (e.g.soils,slope stability)required to meet the objectives of this Section. E.Wildfire Hazards 1.Wildfire Hazard Areas. a.Mapped Wildfire Hazards.Wildfire hazard areas shall include all those areas shown as “high-tree”fire hazard areas on the Wildfire Hazards Resource Map in Appendix A. b.Unmapped Wildfire Hazards.Wildfire hazard areas shall also include areas located outside of the mapped wildfire hazard areas that are identified by the 25 o 0 Colorado State Forest Service or the Larimer County Wildfire Safety Specialist or designee as hazardous areas. c.In the event an Applicant questions the existence of a wildfire hazard within the proposed development or subdivision,the Applicant may submit evidence with respect thereto from a professional forester.This evidence may be considered by the Decision-Making Body,together with all other applicable evidence,in determining whether or not said development or subdivision is within a wildfire hazard area. 2.Wildfire Hazard Mitigation Plans b.Mitigation Plan Required.When new development or subdivision is proposed within a wildfire hazard area the Applicant shall be required to submit a mitigation plan prepared by a professional forester addressing how the development or subdivision will either avoid or mitigate the hazard,as more fully set forth below. Wildfire Mitigation Plan Requirements.Mitigation plans shall be prepared according to the “Colorado Landowner Forest Stewardship Plan Guidelines.1 3.Review Criteria. a.In reviewing new development or subdivisions subject to this Section,the Decision-Making Body may deny development within a hazard area or may approve it on the condition that the development is designed and built in such a manner to adequately mitigate the hazard. b.In reviewing new development and subdivisions the Decision Making Body shall take into consideration the following: (1)The Applicant’s mitigation plan; (2)Vegetative,topographic,access and other technical information presented by the Applicant or other interested party,including the Town,County or other public agency; (3)Recommendations of a reviewing state agency having expertise with respect to the hazard in question and recommendations of others with similar expertise;and (4)Site specific vegetation and topographical characteristics. c.Mitigation methods required by the Decision-Making Body may include,but are not limited to: (1)Compliance with “Guidelines and Criteria for Wildfire Hazard Areas,”written by the Colorado State Forest Service,September 1974;“Wildfire Mitigation Plan Standards and Guidelines (Appendix D),”written by the Colorado State Forest Service,April 1997; (2)Specific requirements for construction,location and density of structures and/or lots; 26 a 0 (3)Provision of defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in wildfire hazard areas.For additions to or changes in the type of the occupancy or use in existing structures,a defensible space shall be provided around the entire structure;and (4)Specific requirements for alteration to the vegetative features of the land; F.Geologic Hazards. 1.Geologic Hazard Areas. a.Mapped Geologic Hazards.Geologic hazard areas shall include all areas shown on the Geologic Hazard Areas Resource map and all areas classified as 4,5,6 or 7 on the Official Geologic Hazard Maps,which have been reviewed by the Colorado Geological Survey and are incorporated by reference in this Code.The Official Geologic Hazard Maps shall be available for public review at the Town of Estes Park Community Development Department. b.Unmapped Geologic Hazards.Hazard areas shall further include any areas which have not been so classified,but where a hazard has been identified and confirmed by the Colorado Geological Survey. The Planning Director or his designee shall have the authority to identify geologic hazard areas during field inspections.Such field identifications shall be based on identification procedures set forth in ‘Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas,”written by the Colorado Geological Survey,1974 c.In the event an Applicant questions the existence of a hazard area within the area proposed for development or subdivision,the Applicant may submit evidence with respect thereto from a professional geologist having requisite technical expertise.Such evidence may be considered by the Decision-Making Body,together will all other available evidence,in determining whether or not said development or subdivision is within a hazard area. 5.Geologic Hazard Mitigation Plans. a.Mitigation Plan Required.When new development or subdivision is proposed within a geologic hazard area the Applicant shall be required to submit a mitigation plan prepared by a professional geologist addressing how the development or subdivision will either avoid or mitigate the hazard,as more fully set forth below.Licensed professional engineers who are experienced in the engineering specialty (e.g.soils,slope stability)may submit mitigation plans for steep slope and alluvial soils hazards.Lots approved for single-family residential development prior to the adoption of the Estes Valley Development Code do not need to submit a mitigation plan for rockfall hazards. b.Colorado Geologic Survey Review.Except for single-family residential development on lots of record,new development and subdivisions within a geologic hazard area shall be referred to the Colorado Geological Survey for 27 0 review and comment.At the time of application submittal,the Applicant shall submit the required fees for the Colorado Geological Survey review.Applicants seeking approval of single-family development on lots of record within an identified Geologic Hazard Area shall be exempt from Colorado Geological Survey review,but shall be required to subject to all other requirements in this Section. c.Geologic Mitigation Plan Requirements.Mitigation plans shall be prepared according to “Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas,”written by the Colorado Geological Survey,1974 and include,at a minimum,the following: (1)An evaluation and predication of the impact of the hazard or hazards affective the proposed development or subdivision and recommended mitigation methods; (2)Maps describing the extent and severity of the hazard at the particular site, and including a true north arrow,scale,ties to quarter section corners,and accurate dimensions for all lines,angles and curves used to describe property boundaries scale; (3)Topography; (4)A location map showing the general location of the development or subdivision and its relationship to surrounding topographic features; (5)A map showing the location,type,and density of the proposed development or subdivision; (6)In the case of an alluvial soils hazard,an on-site subsurface soils investigation and report; (7)In the case of rockfall geologic hazards,the mitigation plan shall: (a)Specifically address each possible method of mitigation,including (1) building outside of the runout zone,(2)stabilization of rocks,(3)slowing or diverting moving rocks,and (4)physical barriers. (b)Include maps of the fallout zone,including the rockfall source area,the acceleration zone,and the runout zone.Computer modeling is the preferred method of determining hazard zones. (c)Include maps portraying the geologic conditions of a development area with particular attention given to the designated hazard condition or conditions and those geologic,hydrologic,soil and topographic features constituting the hazard. (d)If needed,geologic cross sections can be utilized to portray the hazard conditions.These maps must show the topography with a contour interval of ten feet or smaller if necessary.These maps must be on a scale sufficiently detailed to meet the purposes of this section,but in no case can the scale be less than one inch equals 200 feet. 28 C C 6.Review Criteria. f.In reviewing a development subject to this Section,the Decision-Making Body may deny development within a hazard area or may approve it on the condition that the development is designed and built in such a manner as to adequately mitigate the hazard. g.In reviewing new development and subdivisions the Decision Making Body shall take into consideration the following: (1)The Applicant’s mitigation plan; (2)Geologic,topography,and other technical information presented by the Applicant or other interested party,including the Town,County or other public agency; (3)Recommendations of a reviewing state agency having expertise with respect to the hazard in question and recommendations of others with similar expertise;and (4)The relationship between the development and the hazard area and the potential impact of the development within the area on lands outside the development. h.Mitigation methods required by the Decision-Making Body may include,but are not limited to: (1)Compliance with Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas,”written by the Colorado Geological Survey,1974; (2)To the maximum extent feasible,in rockfall hazard areas avoidance of the runout zone shall be the method of mitigation. (3)Location of building envelopes outside areas identified as Class II geologic hazard areas; (4)Specific requirements for construction,location,density of structures and/or lots; (5)Specific requirements for construction of roads upon the land; (6)Specific requirements for alteration to the physical characteristics of the land; §7.8 WILDLIFE HABITAT PROTECTION G.Review Standards. 1.Review Standards. e.Refuse Disposal.Developments on sites containing important wildlife habitat, such as black bear,must use approved animal-proof refuse disposal containers.With Division of Wildlife approval,refuse disposal containers and enclosures may be electrified. 29 a o §7.9 EXTERIOR LIGHTING D.Design Standards. 1.Light sources shall be concealed or shielded with luminaires with cut-offs with an angle not exceeding ninety (90)degrees to minimize the potential for glare and unnecessary diffusion on adjacent property.In no case shall exterior lighting add more than one (1)foot-candle to illumination levels at any point off-site.See Figure 7-11. No Yes H,.’ Li t —n L’cthiMIiØrwrr.s hiddcd to c’s fflit.tnarea1thfi±cntc.d;enalcs2. t.era P”P”) mflt: Figure 7-11 §7.11 OFF-STREET PARKING AND LOADING 0.Minimum Off-Street Parking Requirements.The following Off-Street Parking Schedule establishes the minimum number of off-street parking spaces to be provided for the use categories described in this Code. 30 Single-family,two-family,or town home dwelling (including employee housing) J.Accessible Parking for Disabled Persons. 1.Number of Spaces.The minimum number of accessible spaces to be provided shall comply with applicable Town,County,State and Federal codes and/or regulations.Table (To be numbered by codifier)provides guidelines for provision of accessible parking spaces.Standards may vary depending on the proposed use.Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards. Table -To be numbered by codifier Minimum Total Parking Minimum Number Minimum Number Number of Car ...Spaces of Accessible of Van-Accessible Accessible Provided Spaces Spaces Spaces 1-25 1 1 0 26-50 2 1 1 51-75 3 1 2 76-100 4 3 101-150 5 1 4 151-200 6 1 5 201-300 7 1 6 301-400 8 1 7 401-500 9 2 7 501-1,000 2%of total spaces I out of every 8 7 out of every 8 Over 1,000 20 +I per each 100 accessible spaces accessible spaces spaces over 1,000 0 0 r Minimum ,N1P %NItILII&r Off-Street Parkh1pccs,Off-Strectçftgr(See §711.C abov&fdr toading Group Use claflcttlon Speciflc Use measurement rules)(See §7.ZLN) RESIDENTIAL USES Household Living 2 per dwelling unit. Mobile home park Multi-family dwelling Efflciency or I-bedroom unit:1.5 n/a (excluding employee housing)spaces. 2-bedroom or larger unit:2 spaces. +0.25 guest spaces per unit 2 per dwelling unit +0.50 guest spaces n/a per unit 31 0 K.Access to Parking Areas. 1.Backing Prohibited.All off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way,unless it is physically impossible to provide for such access. 2.Driveways.Driveways shall have the following minimum widths at the gutter line, plus a minimum of one (1)foot additional clearance on each side of a vertical obstruction exceeding one-half (0.5)foot in height. Use Sened Number of Spaces Width (fat) 6orless 10 Residential 7+12 if I —way 20 ii 2—way 19 or less 12 if I—way 20 if 2 way Nonresidential 20+15 if I-way 24 if 2-way 0.Parking and Loading Area Design Standards. 1.Markings. c.Parking lot striping shall be white. 2.Surfacing and Maintenance.All off-street parking areas,loading areas and access drives servicing eight (8)or more parking spaces shall be surfaced with at least two (2)inches of bituminous paving material or four (4)inches of concrete. §7.12 ADEQUATE PUBLIC FACILITIES B.Applicability.Adequate public facilities requirements apply to all new development and subdivisions subject to this Code,except that single-family residential development on a lot created and approved for such use prior to the effective date of this Code shall be exempt from the fire protection and transportation adequate facilities requirements of this Section. C.General Requirements 1.Approval Conditioned Upon Adequate Public Facilities.The approval of all development shall be conditioned upon the provision of adequate public facilities and services necessary to serve the new development.No building permit shall be issued unless such public facilities and services are in place or the commitments described in this Section have been made. 32 0 0 2.Level of Service Standards a.This Section establishes level of service standards for the following public facilities:sewage disposal,water,drainage,transportation,fire protection,and electricity. b.No development plan or building permit shall be approved or issued in a manner that will result in a reduction in the levels of service below the adopted level of service standard for the affected facility. I.Electricity 1.Level of Service.All development shall provide adequate and functional electric service to each lot pursuant to this subsection. 2.Criteria for New Development.The development shall be served by the Town of Estes Park and shall meet current standards established by the Town. 3.Minimum Approval Requirements.Adequate electric services to support the proposed development shall be available concurrently with the impacts of such development.In this regard,the Decision-Making Body shall require that,prior to issuance of the first building permit,all necessary electric services are in place and available to serve the new development or subdivision in accordance with the approved utility plan for the development,i.e.all electric service shall be installed up to and including mains and distribution boxes such as transformers and secondary pedestals. CHAPTER 10.SUBDIVISION STANDARDS §10.2 APPLICABILITYISCOPE B.Minor Subdivisions.Minor Subdivisions are subject to full review and compliance with the standards set forth in Chapter 10,and the submittal requirements set forth in Appendix B. 1.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 street,and that the subdivision entails no extension of public 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.Frontage Lot subdivisions shall be titled as a “Subdivision”. 2.Boundary Adiustments.Division of one (1)or more lots,tracts or parcels of land for the purpose of adjusting boundary lines between such lots,tracts or parcels of land and adjacent lots,tracts or parcels of land,which adjustments do not create additional lots or building sites for any purposes,shall be considered a minor subdivision for review procedure.Boundary Adjustments shall be titled as a 33 0. “Boundary Line Adjustment”for properties not within a platted subdivision,or “Amended Plat”for properties within a platted subdivision.The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: “Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon.Such adjustments do not create additional lots or building sites for any purposes.The area added to each lot shown hereon by such adjustment is to be considered an addition to,shall become a part of,and shall be conveyed together with,each lot as shown.” 3.Land Consolidation Plats.Unplatted contiguous legal lots approved for single- family residential development can be combined with a land consolidation plat. Land Consolidation Plats shall be titled as a “Land Consolidation Plat”.The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: §10.4 LOTS A.Lot Dimensions and Configuration. 1.The lot area/size,width,depth,shape and orientation shall be appropriate for the location of the subdivision,and for the type of development and use contemplated. In addition,each lot shall also demonstrate a building site and access.In all cases, however,lot area shall comply with the minimum requirements of this Code.Prior to submittal of the preliminary subdivision plan,all proposed multi-family and commercial subdivisions shall evidence compliance with this provision on the sketch plan submitted at the preapplication meeting. §10.5 SUBDIVISION DESIGN STANDARDS C.Streets. 1.Please see Appendix D,“Street Design and Construction Standards.” 2.Vehicular Access and Circulation Requirements.Provision shall be made for vehicular access and circulation in the nonresidential zoning districts as shown in Table 4-7 below: E.Utility Standards. 1.Water Mains and Fire Hydrants.The subdivider shall install water mains,service lines,fire hydrants and appurtenances in accordance with the current water design and construction standards of the Town.All service lines shall be installed to the property line prior to the paving of the street. 34 0• 2.Electric and Street Lighting Systems.The subdivider shall install such electric service and distribution system and such street lighting system as shall be determined by the Town.All subdivisions shall comply with the adequate public facilities standards set forth in §7.12.1 of this Code. F.Private Open Areas and Trails.All plans for subdivisions of land shall provide for private open areas and public trails as specified in Chapter 4,Zoning Districts,”and §7.4,Public Trails and Private Open Areas,”of this Code. CHAPTER 11.INCENTIVES §11.4 ATTAINABLE HOUSING DENSITY BONUS 0.Maximum Permitted Density Bonus.Except in the R-1 District,subject to the standards and review criteria set forth in this Section and Chapter,attainable housing units are eligible for a density bonus of upto one and one-half (1 .5)times (50%)of the base net density standard set forth in Table 4-2,§4.3,C. For example,on a “RM”Multi-Family Residential zoned lot with a net land area of one (1)acre,the underlying base zoning district density is eight (8)units per acre.A maximum density of twelve dwelling units per acre may be achieved if at least four of the dwelling units are attainable. §11.8 FLOOR AREA RATIO LIMITS AND EXEMPTIONS A.Purpose.The purpose of the Floor Area Ratio (FAR)exemption is to encourage good design,efficient land use,and to minimize the visible off-site impact of building bulk. B.Calculation of Exempted Floor Area.That portion of habitable building floor area that is placed below existing or original grade and that remains below finish grade qualifies for an exemption from basic FAR limits,upon written request.The exemption shall be based on the following formula: Volume (cf.)of habitable space placed below grade divided by the total volume (c.f.) of the building multiplied by the total floor area of the building equals the square footage of exempt floor area. For Example:A building with a total floor area of two-thousand square feet,a total building volume of 30,000 cubic feet,and a volume below grade of 10,000 cubic feet, will qualify for an exemption of 667 square feet. (10,000 cf./30,000 c.f.)x 2,000 s.f.=667 s.f.of floor area exemption Note:The total volume of the building shall be calculated by computing the total interior volume contained within the exterior walls and roofs of the structure. 35 0 CHAPTER 12.ENFORCEMENT AND PENALTIES §12.1 APPEALS C.Appeals from Final Decisions by Staff.A party-in-interest may appeal a final decision made by Staff in administrating or interpreting this Code.All such appeals shall be taken to the Board of Adjustment,except that: 1.Appeals from Staff decisions on use classifications and separate lot determinations shall be taken to either the Board of County Commissioners or Board of Trustees,as applicable and 2.Appeals from Staff decisions on waivers of Appendix B Submittal Requirements, and minor modifications,plats shall be taken to the Estes Valley Planning Commission. D.Appeals from Final Decisions by the Estes Valley Board of Adjustment.A party- in-interest may appeal a final decision made by the Estes Valley Board of Adjustment. All such appeals shall be taken to a Colorado court of competent jurisdiction. E.Appeals from Enforcement Actions.Appeals from issuance of a notice of violation or stop work order shall be taken to a Colorado court of competent jurisdiction. F.Timing of Appeals.Unless a different time frame is set forth in a specific provision of this Code or in applicable provisions of the Colorado Revised Statutes,all appeals shall be taken to the appropriate appeal authority or court within thirty (30)days after the final action or decision being challenged,and all decisions that have not been appealed within thirty (30)days shall become final. CHAPTER 13.DEFINITIONS §13.3 DEFINITIONS OF WORDS,TERMS AND PHRASES 65.Cul-de-sac shall mean a local or private street with only a single means of egress and ingress and having a turn-around at one (1)end. 86.Driveway shall mean a paved or unpaved area used for the ingress andlor egress of vehicles,which allows access from a street to a building or other structure or facility,and which is not necessarily contained in a deeded right-of- way or easement.Driveways that exceed Shared Driveway standards set forth in Appendix D shall be considered streets. 106.FloorArea,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: a.Parking structures accessory to a nonresidential use; b.Any area where the floor-to-ceiling height is less than five (5)feet; 36 0 0 c.Attainable housing bonus units meeting the requirements of §11.4.Only bonus units shall be exempt;(Ord.16-01 #25) d.Floor area placed below grade as set forth in §11.8. 129.Kennel shall mean a commercial or noncommercial use with indoor and/or outdoor facilities for the keeping,breeding,boarding or training of four (4)or more adult canine or feline animals (i.e.,animals over the age of three months). 145.Lot Lines shall mean the property lines along the edge of a lot or site: a.Front Lot Line:The shortest lot line of all street lot lines.If all street lot lines are the same length,then all shall be considered front lot lines. b.Side Lot Line:Any lot line except a rear lot line. c.Rear Lot Line:A lot line that is opposite a front lot line,but which does not abut a street.A triangular lot has two (2)side lot lines but no rear lot line. For other irregularly shaped lots,the rear lot line is all lot lines that are most nearly apposite the front lot line. d.Interior Side Lot Line:A side lot line that does not abut a street. e.Street Lot Line:Any lot line that abuts a street.Street lot line does not include lot lines that abut an alley.On a corner lot and a double frontage lot, there are two (2)(or more)street lot lines.Street lot lines can include front lot lines and side lot lines. f.Street Side Lot Line:A lot line that is both a side lot line and a street lot line. 148.Lot Width shall mean the horizontal distance between the side lot lines along a straight line parallel to the front lot line (or the chord thereof)and located the minimum front setback distance from the front lot line.Lot width standards shall apply to lots that do not have a front lot line,i.e.lots that do not abut a street.In these cases,the Decision-Making Body shall determine where to measure lot width. 183.Party-in-Interest shall mean a person or organization that has standing to appeal the final decision of a Decision-Making Body.Such standing to appeal shall be limited to the following parties: a.The Applicant; b.Any party holding a proprietary or possessory interest in the real or personal property that was the subject of the decision by the Decision Making Body whose action is to be appealed; c.Owners of property located within five hundred (500)feet of the boundaries of the subject property,except for appeals of separate lot determinations;or d.The Boards as represented by the request of a single member of either Board. 37 o 0 227.Street shall mean any public or private thoroughfare which affords a principal means of access to abutting property,and includes such terms as public right- of-way,highway,road,drive,lane,court and avenue.Driveways that exceed Shared Driveway standards set forth in Appendix D shall be considered streets. 228.Street,Arterial shall mean any state or federal numbered highway,any street with a right-of-way width greater than sixty (60)feet,or any other street depicted as a ‘principal arterial”on the Estes Valley Long Range Transportation Plan (Map 5.10 in the Comprehensive Plan). 229.Street,Collector shall mean a street that collects traffic from local streets and connects with arterials,and which is projected to average between one thousand and one (1,001)and four thousand (4,000)vehicle trips per day at full development. 229.a Steet,Dead-end shall mean a local or private street with only a single means of egress and ingress. 230.Street,Local shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic,and which is projected to average between one hundred and twenty-one (121)and one thousand (1,000) vehicle trips per day at full development. 230.a Street,Sub-Local shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic,and which is projected to average one hundred and twenty (120)or fewer vehicle trips per day at full development. 38 0 0 APPENDIX B.SUBMITTAL REQUIREMENTS ATTACHMENTS: Attachment A:Form and Acknowledgment for Dedications CERTIFICATION OF OWNERSHIP AND DEDICATION Know all men by these presents that ____________, being the owner(s)of that part of the (described quarter-section,section,township,range),Larimer County,Colorado, being more particularly described as follows,to wit:Beginning at (complete legal description);containing (to nearest one-hundredth)acres more or less;have by these presents caused the same to be surveyed and subdivided into lots (and blocks as appropriate)to be known as the plat of__________(Subdivision name),and do hereby dedicate and convey to and for public use the streets as are laid out and designated on this plat,and do also dedicate easements for the installation and maintenance of utilities and for drainage facilities as are laid out and designated on this plat,witness our hands and seals this _______ day of ___________, 20 Owner(s) The signature(s)shall be notarized as follows: State of _____________ )SS County of____________ The foregoing dedication was acknowledged before me this _________day of _______,20_,by _______________ SEAL______________ Notary Public My commission expires____________________ NOTES: (A)Where a mortgage or lienholder are involved,the dedication and signature block must be modified accordingly. (B)Where private streets are allowed,the dedication must be modified accordingly. (C)The dedication statement shall be amended to reflect the particular plat.For example,if no streets are being dedicated,the reference to streets would be removed. 39 0 Attachment B:Forms for All Plan Certifications LARIMER COUNTY HEALTH AUTHORITY APPROVAL By the Larimer County Health Authority this ______day of ____________, 20_. All construction on this subdivision,or any lot therein,including the development of domestic water,and the provision of sewage treatment,shall be done in a manner which will meet all of the requirements of the Colorado Department of Health,and the Larimer County Public Health Department,and the officers authorized to enforce such requirements. Larimer County Health Authority SURVEYOR’S CERTIFICATE I,(surveyor’s name),a duly registered land surveyor in the State of Colorado,do hereby certify that this plat of (subdivision name)truly and correctly represents the results of a survey made by me or under my direct supervision. Surveyor ISeaI APPROVAL OF SURVEY PLAT (for properties within the unincorporated Estes Valley) This final plat has been reviewed and is hereby approved as to form as complying with all current survey requirements of Larimer County and of State law pertaining to platting and monumentation.This approval constitutes neither a warranty by Larimer County concerning such compliance,nor a release or indemnity of the subdivider and his surveyor concerning any noncompliance of this plat with current survey requirements. Date:________________________________ _________________________________ Colorado P.L.S.No. ______________ (Signature) _________________________________,Larimer County Engineering Department (Printed Name) 40 0.0 TOWN ENGINEER’S CERTIFICATE (for properties within the Town of Estes Park) Approved by the Town Engineer of Estes Park,Colorado this ______ day of _________ 20. _________________________________ Town Engineer (Printed Name) BOARD OF COUNTY COMMISSIONERS APPROVAL Approved by the Larimer County Board of County Commissioners this ______day of ___________ 20.All dedications are hereby accepted on behalf of the public.This approval does not constitute acceptance of responsibility by the County for construction,repair,or maintenance of any streets,highways,alleys,bridges,rights- of-way or other improvements designated on this plat. Chair ATTEST: Clerk of the Board 41 3 0 APPENDIX D.STREET DESIGN AND CONSTRUCTION STANDARDS I.GENERAL.Appendix D shall apply to all subdivisions and development.The Larimer County Road Standards Manual is also incorporated herein. A.Standards of Construction.Standards of construction not otherwise specified hereunder shall be according to the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways (latest edition with amendments in effect at that time),Town of Estes Park Right-of-Way Permit Construction Guidelines,Larimer County Access Policy,Larimer County Urban Street Standards,and Larimer County Road Standards.Quality control testing shall meet the minimums as described in Other Standards”. B.Typical Cross-Sections.Design and construction shall conform to the typical cross- sections appended hereto. C.Terrain Classification.Terrain shall be classified ‘mountainous”when the average cross-slope at streets being developed exceeds fifteen percent (15%). D.Modifications and Waivers.The Town of Estes Park Engineer or Larimer County Engineer,or designee,shall have authority to grant modifications and/or waive standards set forth in Appendix D in conjunction with a site specific development plan. Modifications and/or waivers shall be presented in writing,with the application submittal.Approval of requested modifications and/or waivers shall require that the Engineer finds approval of such modification and/or waiver: 1.Advances the goals and purposes of this Code;and 2.Either results in less visual impact,more effective environmental or open space preservation,relieves practical difficulties in developing a site,or results in the use of superior engineering standards than those required by this Code.(Ord.11-02 §1) (Ord.11-02 §1,8/13/02) II.STREETS A.Street Construction and Design Specifications.All new development or subdivisions (including condominiums)shall comply with the road construction and design specifications contained herein.Refer to Appendix D.IX.C for street construction details. 42 0 0 B.Width and Thickness. 1.Width: a. Right-of-Way Width Surfaced Width Shoulder Width Classification w/2Curbs Other Mountainous Other Each side of road AñerialStreet (MEET STATE STANDARDS Collector Street SO ft 60 ft 26 ft 26 ft 4ff LocaiStreet 45ff 60ft 24ff 24ff 2ff Sub-local Street 40 ft 60 ff 20 ft 22 ft 2ff Table D.1:Right of Way and Surfacing Width b.Shoulders shall be required on streets without curb and gutter,and shall have a minimum of three (3)inches of compacted road base that matches finished grade and crown of the street. c.Arterial and Collector streets shall require bike lanes,which shall be a minimum of six-feet in width. 2.Thickness:Minimum base thickness shall be four (4)inches.Minimum street asphalt thickness shall be three (3)inches.When warranted by existing soil conditions or proposed traffic loadings,the Town of Estes Park Engineer or Larimer County Engineer,or designee,may require thickness of the streets to be designed based on a report prepared by a registered professional engineer. C.Lane Separations.In order to reduce cut and fill on steep slopes,travel lanes may be separated.The lane width,shoulder widths and curb and gutter requirements must be met. D.Private Streets.Where private streets are used,they shall meet all design and construction standards of this Section,including right-of-way widths and surfaced widths.The entire street width shall be deed restricted for street purposes.When private streets are used,the subdivider shall submit written documentation, acceptable to the Town,that the streets will be properly maintained.The recorded plat of any subdivision that includes a private street shall clearly state that each street is a private street.Private streets shall not be allowed where a public street connection to adjacent property may be required for existing or future access and traffic flow purposes. E.Cul-de-Sacs and Dead-end Streets. 1.Length.The maximum length of a cul-de-sac or dead-end street shall be one thousand (1,000)feet,measured from the center of the nearest intersection to the center of the cul-de-sac turnaround. 2.Number of Vehicle Trips Per Day.A cul-de-sac or dead-end street may provide access for not more than 120 vehicle trips per day. 3.Street Connections.Where terrain permits street connections,cul-de-sacs and dead-end streets shall be prohibited. 43 0 0 F.Street Intersections.Whenever possible,streets shall intersect at right angles. Minimum centerline offset shall be one hundred fifty (150)feet.Edge radius of asphalt at intersections shall be as follows: 1.Radius. Intersection Type Edge Radius Sub local/local 20 feet Sub local/collector 25 feet Sub local/arterial 30 feet Local/local 20 feet Local/collector 25 feet Local/arterial 30 feet Collector/collector 25 feet Collector/arterial 30 feet 2.Sight Distance.Intersection sight distance shall be as follows: Design Speed Sight Distance 60 mph 650 feet 50mph Sl5feet 40 mph 4lsfeet 30mph 3lofeet 20mph 2lofeet 3.Grade.Streets shall be leveled to a grade of less than four percent (4%)for a distance of at least fifty (50)feet approaching all intersections,and at the intersection on a grade of three percent (3%)shall be maximum. G.Vertical Alignment. 1.Street grades shall be more than one percent (1%)but less than ten percent (10%)for local and sub-local streets and less than eight percent (8%)for collector and arterial streets.Maximum grade limits may be exceeded by up to one percent (1%)in mountainous terrain or for stretches not exceeding two hundred (200)feet where necessitated by field conditions. 2.All changes in street grade shall be connected by vertical curves a minimum length equivalent to a multiplier times the algebraic difference in the rate of grade (A)as shown in the following table: Street Type Crest Local and sub-local 28A 20A Collector 40A 27A Arterial refer to Larimer County Road Manual 44 0 0 H.Horizontal Alignment. 1.Minimum radii of curvature on the centerline shalt be as follows: Street Type Radius Arterial 400 feet Collector 200 feet Local and sub-local 100 feet Lesser radii may be used in mountainous terrain and in other cases in which sufficient evidence is presented to show that the above requirements are not practicable. 2.Reverse curves shall be separated by tangent sections as follows: Local and sub-local streets:50 feet Arterial and collector streets:100 feet I.Curb and Gutter.Concrete curb and gutter shall be required on both sides of the street,the entire length,for all subdivisions and development requiring development plan review.Asphalt curb shall not be allowed.Type “R”catch basins are required for all on street drainage facilities,and the design shall be reviewed and approved prior to construction.Refer to Appendix D.lX.C for construction details.Curb &Gutter shall be filled to top-back-of-curb and the material behind the curb shall be compacted to a minimum of 90%. J.Street Dedication. 1.All streets that dead-end at the subdivider’s property line,but will not connect with a street to public use,shall be dedicated to public use to the property line. 2.All subdivisions shall provide for street construction and right-of-way connections to adjoining properties. 3.All right-of-way dedications to Larimer County for the purpose of streets shall be in accordance with the Larimer County Transportation Plan Functional Road Classification System. K.Part-Width Street.In case of a part-width street,a minimum of forty (40)feet along and adjacent to a boundary of the subdivision will be required,except in cases in which a proper deed or instrument of dedication to the Town is filed with the map or plat of the subdivision,granting sufficient land to make a street of the required full width.“Part-width street”shall be lettered on the map or plat following the name of the street.Whenever there exists a dedicated or platted part-width street or alley adjacent to the tract to be subdivided,the other half shall be platted. L.Additional Rights-of-Way.When required for public convenience,additional rights of-way in connection with streets shall be provided for automobile standing or turning space,or emergency access. 45 0• M.Street Paving and Signs.The subdivider shall install and pave all streets in accordance with design and construction requirements established by the Town,and subject to the approval of the Town.The subdivider shall provide and install all street signs,which shall comply with the Manual of Uniform Traffic Control Devices (MUTCD).Street name signs shall comply with Town of Estes Park standards. (Ord.2-02 #2,2/12/02) N.Roadside Delineators.The subdivider shall provide and install roadside delineators (steel posts with white reflector,at all points of tangency and points of curvature,or as directed by Staff). Ill.GENERAL SITE ACCESS A.Access to Public Streets.All new lots,however created,shall have access to a dedicated public road.If the approved plat provides for indirect access (i.e.,over intervening private drives),access easements and driveway/drainage maintenance agreements,benefiting all lots with indirect access,shall be provided and recorded at the same time the plat is recorded.Refer to Section 7.12Ff B.Driveway Access--General Standards. 1.Safe Access Required.Safe,convenient and adequate access to individual buildings by driveways shall be provided.Driveway access to collector and arterial streets shall be discouraged.No driveway shall be so located as to create a hazard to pedestrians or motorists,or to invite or compel illegal or unsafe traffic movements.To the maximum extent feasible,new driveways shall align directly across from existing driveways. 2.Backing Prohibited.All multi-family and non-residential off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of- way,unless it is physically impossible to provide for such access.See Chapter 10 Subdivision”for flagpole lot requirements. 3.Access to Streets Required.Driveways to a nonresidential building site shall have access to an approved public or private street or private right-of-way. 4.Grade Requirements. a.Finished Driveway Grades shall comply with the following: (1)Residential driveways shall have a maximum grade of twelve percent (12%),except that Staff may allow a greater maximum grade,provided that health and safety concerns and the need for adequate access for service providers are adequately addressed. (2)Driveways serving nonresidential uses shall have a maximum grade of nine percent (9%). (3)Driveway grades within twenty (20)feet of any intersection with streets and roads shall not exceed ten percent (10%)for single-family residential driveways and four percent (4%)for multi-family residential and nonresidential driveways. (4)Driveways shall to the maximum extent feasible follow natural contour lines. 46 0 0 5.Limits on Number of Driveway Curb Cuts. a.See Chapter 4,§4.4.D.3,for vehicular access and circulation requirements in the nonresidential zoning districts,including the CD district. b.To the maximum extent feasible,the number of new curb cuts shall be minimized by consolidation,shared driveways or other means. c.No driveway openings or curb cuts shall be allowed on State Highways except with approved access permit from the Colorado Department of Transportation. d.No lot shall be allowed more than two (2)driveway openings. e.Direct access onto arterial streets shall be permitted only when no other reasonable access is available.When direct access must be provided,arterial street frontages shall be limited to one (1)driveway opening per lot. f.Refer to Table 4-7 “Vehicular Access and Circulation Requirements — Nonresidential Zoning Districts”for additional requirements. 6.Shared Driveways. a.Shared driveways are strongly encouraged. b.Shared driveways may be used on adjoining properties. c.Shared driveways require submittal of a maintenance agreement for recordation. d.Single-family.Driveways may be shared by up to four (4)single-family residential units. e.Multi-family Developments.A driveway may provide access for not more than one hundred and twenty (120)vehicle trips per day. f.Non-residential.Driveways may be shared by two (2)or more principal nonresidential uses. 7.Driveway Opening Requirements. a.Non-residential and Multi-family residential Driveway openings shall not exceed thirty (30)feet in width at the street line.Refer to Section 7.111(2 for minimum driveway openings. b.Singte4amily residential and duplex driveway openings shafl not exceed a cumulative width of 30 feet at the street. 8.Driveway Spacing.Unless otherwise limited or allowed by the applicable zoning district regulations (See §4.4.D.3),the following driveway spacing requirements shall apply: a.Arterial Streets. (1)To the maximum extent feasible,all driveways shall be spaced at least two hundred fifty (250)feet from the pavement edge of any other driveway on either side of the street. (2)To the maximum extent feasible,all driveways shall be spaced at least two hundred fifty (250)feet from the pavement edge of an arterial street intersection. 47 Ci 0 b.Collector Streets. (1)To the maximum extent feasible,all driveways shall be spaced at least one hundred fifty (150)feet from the pavement edge of any other driveway. (2)To the maximum extent feasible,all driveways shall be spaced at twenty (20)feet from the pavement edge of a nonarterial street intersection. c.Corner Lots.A driveway or curb cut on a corner lot shall be set back a minimum of fifteen (15)feet from the property line at the corner or shall be a minimum of thirty (30)feet from the cross street curb line whichever is greater. d.Property Lines.Driveways and sidewalks shall be set back at least three (3) feet from an adjacent property line unless owners of abutting properties agree in writing that the edge may be closer to or abut their common property line. e.To the maximum extent feasible,new driveways shall align directly across from existing driveways. 9.Driveway Design Requirements. a.All driveways serving eight (8)or more parking spaces shall be paved and constructed with a minimum edge radius of five (5)feet on both sides,and shall be surfaced with at least two (2)inches of bituminous paving material or four (4)inches of concrete. b.All driveways serving twenty (20)or more parking spaces shall be paved and designed and constructed meeting the standards applicable to a public street. 10.Driveway Construction Standards. a.Any portion of a driveway that is not on the subject property shall be contained within the area between the street and the subject property.See Figure Dl. b.Whenever possible,driveways shaH intersect streets at right angles.See Figure D.1. c.Driveway openings shall be graded and drainage facilities provided where necessary to prevent stormwater from ponding or running across any sidewalk or other pedestrian way. d.All driveways shall be constructed in a manner that shall not cause water to enter onto the street and shall not interfere with the drainage system within the right-of-way. e.Where curbs exist,or are required,driveways shall be paved for their full width from curb to property lines. f.Where curb and gutter exist,a concrete pan shall be provided to carry the flow line. g.Where a driveway crosses a sidewalk,the sidewalk shall be increased to a minimum depth of six (6)inches of concrete. h.Where a commercial driveway crosses a sidewalk,the sidewalk shall be increased to a minimum of eight (8)inches of concrete. i.Where a water meter pit is located in a concrete or paved driveway,a four foot by four foot (4’x 4’)concrete square with expansion joints shall be provided and a traffic load bearing lid and ring shall be installed. 48 0 0 j.Where curbs do not exist and a driveway crosses a drainage ditch,a culvert shall be installed by the property owner at a diameter size according to the ditch capacity,but in no case less than fifteen (15)inches.The minimum length of any culvert shall be five (5)feet greater than the driveway width or twenty (20)feet whichever is greater. k.Where sidewalks are removed for the construction of a driveway or entrance, they shall be replaced with a concrete apron from the edge of the street to the back of the remaining sidewalk.Said concrete apron shall be constructed in conformance with applicable driveway approach details set forth in the Larimer County Road Standards. I.Where curbs are removed for the construction of a driveway or entrance,they shall be replaced with a concrete apron to be constructed in conformance with curb and gutter detail set forth in Appendix D.IX of this Code. m.All proposed driveway paving shall connect to the paved street by first saw cutting the existing road asphalt,full depth,by the paving contractor (or property owner),in a straight line,parallel to the edge of traveled way.No irregular angles or jagged edges shall be left on the match line. n.An access that has a gate across it shall be designed so that the longest vehicle using the access can completely clear the traveled way when the gate is closed. IV.INTERSECTION AND DRIVEWAY VISIBILITY 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 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: Figure D.1 49 0 Sight Visibility Triangle at Intersection 0 Visibility triangle requirements may be increased when deemed traffic safety.(Ord.18-01 #34) 2.Driveways. necessary for a.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: Parkway= 8 ft.or less Street The provisions of this Section may be waived if it can be shown that visibility will not be restricted either because of a turnaround driveway or a parkway (tree lawn)greater than eight (8)feet.(Ord.18-01 #35) Sued nT— Line Sight Visibility Triangle at Driveway Not front Lot Not Buildable 50 0 0 b.Driveways serving twenty (20)or more parking spaces shall have not less than two hundred fifty (250)feet of visibility in each travel lane entering an arterial street and not less than one hundred (100)feet of visibility on other streets. (Ord.18-01 #34,35,10/23/01) V.SIDEWALKS,PEDESTRIAN CONNECTIONS,AND TRAILS 1.Sidewalks. a.ADA Requirements.All pedestrian facilities shall be designed in accordance with American Disabilities Act (ADA)regulations and the requirements of this Code;whichever is safer for pedestrians. b.Design.All sidewalks shall be designed in accordance with these standards. Slope,curve,vertical clearance,pedestrian crossing,underwalk drains,and other design elements shall be in accordance with Larimer County Standards. c.Width.The minimum width of a required sidewalk shall be a minimum of five (5)feet in all residential zoning districts and the A-i zoning district and a minimum of eight (8)feet in all other nonresidential zoning districts. d.Location.The location of the sidewalk on a property will be determined on a case-by-case basis to account for,among other things,unique natural features and existing sidewalk location on adjoining properties;accordingly,in some instances,the sidewalk may be located outside of an existing right-of-way. e.Concrete Thickness.All detached sidewalks less than 8 feet in width and not within driveways shall be a minimum of 4-inch thick concrete.All detached sidewalks 8 feet and greater in width shall be 6 inches thick.All sidewalks within a driveway shall be a minimum of 6 inches thick.All attached sidewalks shall be a minimum of 6 inches thick.Sidewalks shall be a minimum of 8 inches thick where crossed by commercial traffic. 2.Trails. a.Dedication of land shall be a minimum width of twenty-five (25)feet; b.Refer to the bicycle facilities design and technical criteria set forth in the Larimer County Urban Area Street Standards. VI.EROSION CONTROL An erosion control plan sheet shall be required with the construction plans for the subdivision or development.The plan shall be in accordance with the Urban Drainage and Flood Control District Drainage Criteria Manual,Federal requirements,and the State Stormwater Management Plan. VII.FLOOD PROTECTION The following design standards shall apply to all subdivision and annexation proposals for areas located within the area of special flood hazard: 1.All such subdivisions and annexation proposals shall include base flood elevation flood data. 51 0 0 2.All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. 3.All new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 4.All such subdivisions shall have public utilities and facilities such as sewer,gas, electrical and water systems located and constructed to minimize flood damage. 5.All such subdivisions shall have adequate drainage provided to reduce exposure to flood damage. VIII.TREE AND VEGETATION PROTECTION DURING CONSTRUCTION AND GRADING ACTIVITIES A.Fencing. 1.Within the limits of disturbance,fencing,at a minimum,should be placed around each significant tree and around stands of twelve (12)or more smaller trees a distance equal to the size of the individual or outermost tree’s drip zone. 2.For purposes of this subsection,the drip zone is calculated by measure the diameter of the tree at breast height;every inch of diameter is equal to one and one-half (1.5)feet of drip zone.For example,a twelve-inch diameter tree will require a minimum eighteen-foot-wide drip zone. 3.No construction,grading,equipment or material storage,or any other activity shall be allowed within this area,and the fencing shall remain in place until all land alteration,construction and development activities are completed. B.Root Protection. 1.If it is necessary to fill over the root zone,compacted soils shall be avoided by sandwiching fabric,rocks and more fabric under the area to be filled. 2.Fill placed directly on the roots shall not exceed a maximum of six (6)inches in depth. 3.If fill creates a tree well or depression around a tree or shrubs,such area shall be drained so that the vegetation is not drowned by the pooling of rainfall or irrigation. 4.Utility trenches near trees should be avoided.If a line must be near a tree, tunneling,auguring or other mitigation measure shall be used.Cutting more than thirty percent (30%)of the roots endangers the health of the tree,and over forty percent (40%)affects the tree’s stability. IX.OTHER REQUIREMENTS A.Construction Approval.All subdivisions shall be designed and improvements made by the developer consistent with the requirements in this Code.Construction plans for subdivisions shall be approved prior to final plat approval.Construction plans for all developments shall be approved prior to issuance of first building permit. B.Quality Control.Refer to Larimer County Road Manual for as-built,material testing, and professional engineer certification requirements. 52 3 0 C.Repairs and Restoration.Developers of all sites and subdivisions shall be required to repair or restore any off-site damage that occurred during development,including, but not limited to,street repair,revegetation of disturbed areas and regrading. D.Street Construction Details.Refer to additional street construction details. 24” Larimer County Road Manual Appendix C for 11 r _____ CURB AND GUTTER 53 C)0 NOTE:THESE STANDARDS MAYBE APPLIED TO ASYMMETRICAL CUL-DE-SACS.THESE STANDARDS SHOW A ONE-WAY TRAFFIC DESIGN.Two-WAY DESIGNS REQUIRE A MINIMUM WIDTH OF 20-FEET INSTEAD OF THE 15-FOOT SHOWN.THE CENTER ISLAND SHALL BE LANDSCAPED. Cul-de-Sac Details in w_J _JaaS ND CURB 4 ShOULDERS ?flN. VERTICAL CURB AND GUTTER 54 0 0 ROW.Varics (sec Table Dl) Surfaced W dlii (Sec T able D.I) Surface Courac (3’m in rn urn) __ (p __ Cr —-S1S /__‘..t.L—L-c_Z ‘ fool sidewalk,minimum )(as required)—V artical Curb and GutLer 13sac C ourac (4”nI inim urn).(ace detail) CDOTClaaa 6 or an approved equal Typical Street Section with Curb and Gutter 0 Road Profile Crown Slope <5%2% 5%-8%3% >8%4% ROW.Varies (see Table Dl) C Surfacd Width Varies > (see Table U.I) Surface Course (3”minimLim) S__a.%Nczzz.s -/%L32fl ‘ Base Course (4”minimum).Shoulder Width Varies (see Table D.I) CDOT Class 6 or an approved equal Typical Street Section with Ditch 55 o o Cuib.Gutter. and a1k •-% p..-..1 ‘Thickened Asph alt Designtd / Asphalt ‘Iii ckness Asphalt Paving Detail at Crosspans Thickened Hc’J Designed .s ph alt Tb ckness 56 NOTE:All intersections to have access ramps designed in accordance with ADA standards. —C,r -i t *r Miii fox xedenti1.Use ccncrete flvement ÷ ½”fbt colitutot rd artnii;. Section A-A Street Intersection Gutter Details 0 0 ?.O4dW.ty WidtI1 Epxsxi JOint (Typ) Cothvl Joint RequiNd for Pans over *3’ A S‘4—.‘.Toot oiniat 1D DC. DowsU if Cold Joint Tt*jition froni C&G scton to pniscton. typical both üIes. Jobits(Tsap.) Plan \Tiev 6’ztibinntn (loon!) r mirarnulrt (coltecttr) 10’jtjixAmust (.utexial) 57