The purpose of this Chapter is to provide incentives for specific types of land uses and/or creative site plans that exceed the minimum requirements of this Code and accomplish high-priority planning goals, including the preservation of open space and natural features and development of attainable housing.

A.

Combination with Other Bonuses. Unless otherwise expressly stated, the density bonuses of this Chapter may be combined, provided that the total cumulative density bonus shall not exceed the maximum density allowed by the underlying zoning district by more than fifty percent (50%).

B.

No Guarantee of Density. The provisions of this Chapter shall not be interpreted as guarantees of achievable density. Developments using bonus provisions shall be subject to all other applicable regulations of this Code. These other regulations or site-specific conditions may prevent maximum bonus density levels from being achieved due to the character of the land or surrounding uses.

C.

Review and Approval Procedure.

1.

Projects requesting bonuses under this Chapter for land that has not been platted, or for land that is being re-platted, shall be reviewed during the subdivision process, as set forth in Chapter 3 of this Code.

2.

Projects requesting bonuses under this Chapter that have already completed the subdivision process shall be required to submit a Development Plan, and shall be reviewed under the Development Plan process as set forth in Chapter 3.

3.

A separate rezoning process shall not be necessary to approve the density increases granted through these processes.

A.

Purpose. To provide an optional method for residential site planning that permits clustering of individual lots in order to:

1.

Preserve open space in amounts that are greater than that achievable with more conventional subdivision design and thereby help to preserve the Estes Valley's natural character and scenic vistas;

2.

Protect environmentally sensitive areas such as steep slopes and ridgelines, unique rock formations and outcroppings, river systems, wetlands and wildlife habitat and migration corridors; and

3.

Promote a more flexible and economical residential layout and street design to provide a more efficient and aesthetic use of open space and to reduce infrastructure costs.

B.

Eligibility. Residential open space developments are permitted in the RE and E-1 zoning districts.

(Ord. 13-22, §1(Exh. A))

C.

Maximum Permitted Density Bonus. At the Decision-Making Body's sole discretion, and subject to the standards and review criteria set forth in this Section, open space developments may be eligible for a density bonus up to one and two-tenths (1.2) times (20%) of the base density standard set forth in Table 4-2, §4.3.C.

D.

Uses Permitted. Open space developments shall contain only single-family detached residential uses permitted in the underlying district.

E.

Development and Design Standards.

1.

Minimum Parcel Size. Ten (10) acres.

2.

Lot Size.

a.

General Rule. Subject to the exceptions listed below, the minimum lot sizes for single-family detached lots within approved open space developments shall be as follows:

(Ord. 13-22, §1(Exh. A))

b.

Exception for Lots with Private Water/Sewer. The minimum lot size for open space development lots serviced by private wells or private septic systems shall be two (2) acres in the RE and E-1 districts.

c.

Exception for Open Space Development on Steep Slopes. Cluster lots with an average slope of greater than twelve percent (12%) shall be subject to the lot area adjustment set forth in §7.1.A of this Code. The minimum lot areas set forth in this subsection shall be used as the base for any required increase in lot area due to steep slopes.

3.

Maximum Lots per Cluster. Each cluster of residential lots shall contain ten (10) lots or fewer and shall be separated from any other cluster on the property by a protected open area or vegetative buffer.

4.

Open Areas.

a.

Minimum Amounts Required. Open space developments shall provide the following minimum amount of private and/or public open areas:

(Ord. 11-02 §1; Ord. 13-22, §1(Exh. A))

b.

Permanently Protected from Development. Prior to construction, such open areas shall be permanently preserved as open areas by the recording of a conservation easement or deed restriction. All open areas in an open space development not dedicated to a public entity shall be conveyed to a homeowner's association or other organization approved by the applicable Decision-Making Body with responsibility for maintenance of the open areas and the ability to collect assessments or dues for such purpose.

c.

Contiguity. Open areas shall be designed to achieve the maximum contiguous amount of open area possible and to avoid the creation of small, isolated and unusable areas. Such lands shall not be fragmented into small, unconnected areas by development.

d.

Connectivity. To the maximum extent feasible, open areas shall be located contiguous to and be connected with other open areas on the site or with open areas that are adjacent to the open space development boundaries. Where applicable, physical connections for wildlife movement shall be provided within the protected open areas.

e.

Compliance with Other Standards. All open areas, whether private or dedicated for public use, shall comply with all other open area standards set forth in §7.4, "Public Trails and Private Open Areas," of this Code.

5.

Setbacks and Buffers.

a.

Building Setbacks. Except as specified in subsection 5.b below, building and structure setbacks and yard requirements for individual cluster lots shall be determined on a case-by-case basis by the applicable Decision-Making Body during the development review procedures. All setback and yard determinations shall take as their starting point the minimum setback and yard requirements set forth in §4.3.C.2 of this Code for the underlying base zoning district, and shall consider factors such as minimization of land disturbance and avoidance of potential impacts on sensitive environmental areas, hazard areas, scenic views and adjacent residential land uses. A setback of ten (10) feet from property lines adjacent to open areas is required.

b.

Building Setbacks and Resource Protection. All development within an open space development shall comply with the setback (no disturbance) requirements set forth in Chapter 7 to protect and preserve wetlands, stream and river corridors, ridgelines, wildlife habitat and hazard areas. See §§7.1.D, 7.6, 7.7 and 7.8 of this Code.

c.

Perimeter Buffer Required. A minimum thirty-foot-wide buffer shall be established along the perimeter of the open space development property. Such buffer shall be kept free of buildings, structures and parking areas, and shall be landscaped, screened or protected by natural features in order to minimize potential adverse impacts on surrounding land uses and properties.

F.

Review Criteria for Approval of Open Space Developments. All open space developments shall comply with all other applicable provisions, as set forth in this Code, and the following review criteria:

1.

Site Design. The open space development, compared with a more conventional site development plan, better attains the policies and objectives of this Code and the Comprehensive Plan, such as providing more open areas, preserving existing trees and vegetation coverage, protecting wildlife habitats and preserving sensitive environmental areas such as river/stream corridors, hazard areas, wetlands and steep slopes; and

2.

Impacts on Surrounding Properties. The open space development will have no significant adverse impact on adjacent properties or development, or the Applicant has agreed to adopt appropriate mitigation measures such as landscaping, screening, illumination controls and other use restrictions or design features as recommended by Staff or the EVPC to buffer and protect adjacent properties from the proposed clustered development.

(Ord. 11-02 §1, 8/13/02; Ord. 13-22, §1(Exh. A), 7/26/22)

A.

Purpose. This Section is intended to create an incentive to provide a variety of attainable and workforce housing for persons living and/or working in the Estes Valley.

(Ord. 2-02 §9; Ord. 28-16, § 1; Ord. 30-17, § 1(Exh.))

B.

Eligibility. All residential subdivisions and developments in the RM (Multi-Family Residential) zoning district are eligible for the attainable or workforce housing density bonus set forth in this Section. This Section's density bonus for attainable or workforce housing shall not be available and shall not be applied in any zoning district except the RM (Multi-Family Residential) zoning district.

(Ord. 2-02 §9; Ord. 28-16, § 1; Ord. 30-17, § 1(Exh.))

C.

"Attainable" and "Workforce" Defined. For purposes of this Code and Chapter, "attainable housing units" and "workforce housing units" shall mean the following:

1.

Renter-Occupied Attainable Housing Units.

a.

Housing units that are attainable to households earning one hundred fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size.

b.

To qualify as attainable units, housing costs (i.e., rent and utility expenses) must not exceed thirty percent (30%) of the maximum income for an imputed household size based on one hundred fifty percent (150%) of the Larimer County Area Median Income. The imputed household size is equal to one and one-half (1.5) times the number of bedrooms in the unit. For example, rent on a two-bedroom unit would be equal to thirty percent (30%) of the monthly income limit of a three-person family; for a three-bedroom unit the rent should not exceed thirty percent (30%) of the monthly income of a four-and-one-half-person family—the midpoint of the range of a four- and five-person family.

c.

If the property owner does not pay all utility expenses, then a utility allowance, computed by the Estes Park Housing Authority, must be subtracted from the housing cost to determine the maximum rent.

(Ord. 2-02 #9)

2.

Owner-Occupied Attainable Housing Units.

a.

Housing units that are attainable to households earning one hundred fifty percent (150%) of the Larimer County Area Median Income or below, adjusted for household size.

b.

To qualify as attainable units, housing costs must not exceed forty percent (40%) of the one-hundred-fifty-percent Larimer County Area Median Income, adjusted for household size.

(Ord. 2-02 #9)

3.

Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current applicable area median income for Larimer County published by the U.S. Department of Housing and Urban Development.

(Ord. 2-02 §9)

4.

Workforce Housing. Housing units shall be eligible for the Maximum Permitted Density Bonus (Sec. 11.4.D) if at least one (1) resident in each housing unit annually submits an affidavit, including a copy of a W-2 form, to the Town certifying that the resident is employed within the Estes Park School District R-3 Boundary Map.

(Ord. 2-02 §9; Ord. 28-16, § 1; Ord. 30-17, § 1(Exh.))

D.

Maximum Permitted Density Bonus. Subject to the standards and review criteria set forth in this Section and Chapter, attainable or workforce housing units are eligible for a density bonus of up to two (2) times (two hundred percent [200%]) of the base Max. Net Density standard set forth in the Estes Valley Development Code.

(Ord. 28-16, § 1; Ord. 30-17, § 1(Exh.))

E.

Development and Design Standards.

1.

[Reserved.]

2.

Public Sewers and Water Required. All developments containing attainable or workforce housing units approved under provisions of this Section shall be served by public central sewer service and public water service.

3.

Short-Term Rentals Prohibited. Attainable or workforce housing units approved under provisions of this Section shall not be rented, leased or furnished for tenancies of less than thirty (30) days (see §5.1.B).

(Ord. 02-10 §1)

4.

Deed Restriction or Restrictive Covenant and Agreement Required. Attainable or workforce housing units developed pursuant to this Section shall use one of the two mechanisms below to assure the availability of the units for sale or rent to persons meeting the income or workforce guidelines and definition set forth in §11.4.C above. The Community Development Director shall determine which one of the two mechanisms below is applicable:

a.

Deed Restriction. Attainable or workforce housing units shall be deed restricted. The deed restriction shall be for a time period of no less than fifty (50) years. The deed restriction used to restrict the units shall be approved by the Town or County Attorney.

b.

Restrictive Covenant and Agreement. A Restrictive Covenant and Agreement shall be entered into between the property owner and the Town or County. The Restrictive Covenant and Agreement shall be for a time period of no less than fifty (50) years, shall run with the land, and shall be binding on the owner and all subsequent owners and successors. The Restrictive Covenant and Agreement shall be in a form acceptable to the Town or County Attorney. Upon approval by the Town or County Attorney, the Restrictive Covenant and Agreement shall be subject to review by the decision-making body with the associated preliminary subdivision, or, if no subdivision approval is required, with the associated development plan. The Restrictive Covenant and Agreement shall be properly executed and recorded.

(Ord. 28-16, § 1; Ord. 30-17, § 1(Exh.); Ord. 03-18, § 1(Exh.))

(Ord. 13-99 §D.4, 11/3/99; Ord. 2-02 #9, 2/12/02; Ord. 8-05 #1, 6/14/05; Ord. 2-10 #1, 1/26/10; Ord. 28-16, § 1(Exh. A), 12/13/16; Ord. 30-17, § 1(Exh.), 11/14/17; Ord. 03-18, § 1(Exh.), 3/13/18)

A.

Purpose. This Section is intended to provide clear and transparent design guidelines for projects seeking to build above thirty (30) feet in height in the CD Zoning District through construction of new buildings or additions to existing buildings. The section is also intended to encourage reinvestment in downtown buildings and encourage upper-story workforce housing in a walkable, mixed-use context.

B.

Eligibility. Proposed developments in the CD (Downtown Commercial) zoning district are eligible to build to a maximum height of forty-two (42) feet, if consistent with the guidelines of this Section. This Section's height allowance for downtown residential projects shall not be available and shall not be applied in any zoning district except the CD zoning district.

C.

Development and Design Standards.

1.

Short-Term Rentals Prohibited. Housing units approved under provisions of this Section shall not be rented, leased, or furnished for tenancies of less than thirty (30) days. (See §5.1.B.) This prohibition shall be memorialized in a note on the face of any development plan approved pursuant to this Section.

2.

The highest floor shall include a step-back of no less than eight (8) feet from the building façade on any portion of the building facade facing a street right of way, river corridor, trail corridor and any other public open area.

3.

Blank walls shall not exceed ten (10) feet in height by fifteen (15) feet in length without a window or doorway when visible from a public street, open space or pedestrian oriented space or pathway.

4.

Building projects shall demonstrate that they are meeting the design guidelines below:

a.

To encourage horizontal articulation, and to modulate the apparent size and scale of a building, a portion(s) of the street facing façade should be stepped forward or backward from the predominant facade plane of the building.

b.

Storefronts and other buildings with non-residential uses on the ground level shall include a minimum of two (2) of the following articulation features for every thirty (30) feet or additional fraction thereof on continuous building frontage to create a human scaled façade pattern:

(1)

Windows.

(2)

Entries.

(3)

Use of weather protection features such as a canopy.

(4)

Change in roofline of a least twelve (12) inches in depth.

(5)

Change in building material or siding style.

(6)

Articulation of a single building material through varying colors, textures, or incorporating joints or an integrated trim pattern.

(7)

Vertical elements such as a trellis with plants, green wall, art element.

(Ord. 14-21, §1(Exh. A), 9/28/21)

Rural subdivisions involving at least seventy (70) acres, located in unincorporated Larimer County and subject to this Code, may opt to use the County's voluntary Rural Land Use Process, §5.8 of the Larimer County Land Use Code, in order to increase the number of permitted buildable lots. Rural subdivisions that opt to apply the County's Rural Land Use Process shall be subject to all standards and procedural requirements set forth in §5.8 of the Larimer County Land Use Code, except that the Rural Land Use Center Director shall refer the preliminary land plan to Staff for comment as provided in §5.8 of the Larimer County Land Use Code.

[Reserved for Future Use]

Editor's note— Ord. 27-17, § 1(Exh.), adopted Oct. 24, 2017, repealed § 11.8, which pertained to floor area ratio limits and exemptions and derived from Ord. 8-05 §1, adopted June 14, 2005.