HomeMy WebLinkAboutPACKET Town Board Study Session 2019-07-09
Tuesday, July 9, 2019
5:00 p.m. – 6:40 p.m.
Rooms 202/203
4:45 p.m. - Dinner
5:00 p.m. Fund Balance Policy.
(Director Hudson)
5:20 p.m. Discussion of Recreational Uses Currently in Residential
Zoning Districts. (Director Hunt)
5:50 p.m. Review Draft Ordinance for Floodplain Management to
Maintain Compliance with the National Flood Insurance
Program. (Manager Hook)
6:20 p.m. Trustee & Administrator Comments & Questions.
6:25 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:30 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 4:30 p.m.
AGENDA
TOWN BOARD
STUDY SESSION
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FINANCE DEPARTMENT Report
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Duane Hudson
Date: July 9, 2019
RE: Fund Balance Policy
Objective:
Update the Fund Balance Policy # 660 last updated Feb 9, 2016.
Present Situation:
During previous discussions, the Town Board has expressed interest in revisiting the
fund balance reserves specified within the policy, most notably the General Fund
requirement to maintain a 20% fund balance reserve. There has been a variety of
discussions around increasing the reserve to 25% or more and potentially designating
the increased reserve to be used for specific purposes.
Staff are in the process of developing the 2020 draft budget and can reflect an
increased reserve within the budget if Town Board wishes to change this target.
Fund Balance Policy #660 is due for revision and any change in reserve requirements
can be reflected at that time.
The General Fund reserves were at 48.5% at December 31, 2018 and are projected to
end December 31, 2019 at 28.5% as of the last budget amendment. This is due to
capital projects budgeted for 2018 that were not completed and that rolled over into
2019 as well as new 2019 projects.
Proposal:
Based upon current projections, an increase to 25% could be achieved in 2019 with
minimal impact to ongoing operations in 2020. Staff is looking for Town Board direction
regarding the reserve requirement percentage and any restrictions or earmarking of
these reserve funds.
One of the proposed changes in the draft policy is to exclude capital outlay as part of
the reserve percentage. This is to eliminate the fluctuations created when we have
large capital projects, such as the recent Fish Creek Road repairs in the General Fund.
Capital projects must be fully funded before they are added to the budget so reserves
are not necessary for these expenditures. By leaving capital projects within the reserve 3
ratio calculation, the amount needed to be set aside is artificially increased, thereby
reducing funding available for other purposes, including ongoing operations and other
one time projects. Staff is proposing to remove capital outlay from the calculation.
Advantages:
With the current reserves projected to hit 28.5% at year end, we could set aside this
additional funding for future needs without the need to reduce current operations,
making this an ideal time for a change.
Disadvantages:
Increased reserves limits the ability to include additional one time projects in the budget.
This could potentially impact the ability to meet some of the goals and needs identified
in the Board’s Strategic Plan and staff identified projects.
Action Recommended:
Staff needs guidance on what the Town Board would prefer to be presented in the Fund
Balance policy revision and ultimately reflected in the 2020 budget.
Finance/Resource Impact:
No immediate budgetary impact.
Level of Public Interest
Specific groups may seek to have the Town Board earmark and designate some of
these reserves for specific purposes. Otherwise, general public interest is expected to
be low.
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Revisions: 01.0 Town of Estes Park, Finance Page 1 of 7
Effective Period: Until superceded
Review Schedule: Annually
Effective Date: 02/09/16
References: Finance Policies Manual 601
FINANCE
660
Fund Balance
1. PURPOSE
The purpose of this policy is to establish appropriate levels of reserves (fund balance) for
each fund within the Town’s operations, recognizing the unique needs and differing
situations for the various funds.
2. POLICY
1. Definitions:
a. Fund balance is the net position of a governmental fund (difference between
assets, liabilities, deferred outflows of resources, and deferred inflows of
resources), 2012 GAAFR, p1066. Fund balance is the cumulative
difference over time of all revenues and expenditures. Fund balance is
accumulated when revenues exceed expenditures and decreased when
revenues are less than expenditures. It serves as a measure of financial
resources available for current operations. Available fund balance can be
dramatically affected by levels of restriction on a fund (see Supplementary
Information section of policy).
b. Fund balance percentage is defined as “unassigned fund balance divided
by total expenditures less capital outlay”. TABOR reserves may be used as
part of the calculation (added to numerator).
2. Specific Fund Balance policies
a. Governmental Fund Types
i. General Fund – Town Board has established that fund balance
percentage should not fall below 20%. This provides a minimum of
3% as the Tabor reserve and 17% for economic downturns and other
financial emergencies that may result from unanticipated disasters.
General Fund fund balance percentage can be dramatically affected
by timing resulting from grant-related incomes and expenditures.
Grant income/expenditures may be taken into account as part of
capital outlay when internally calculating fund balance percentage.
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i.ii. Capital Fund (Community Reinvestment) – In general, no minimum
reserve requirement. Funds can be spent to zero balance annually.
Fund balance should never be less than the total of funds collected,
but not yet spent, that are restricted for a specific purpose (bond
proceeds, grants, donations).
ii.iii. Special Revenue Funds (Conservation Trust, Open Space,
Emergency Response, Community Center, Trails, Streets) – In
general, no minimum reserve requirement. Funds can be spent to a
zero balance annually. Fund balance should never be less than the
total of funds collected, but not yet spent, that are restricted for a
specific purpose.
b. Proprietary Fund Types – Enterprise
i. Light and Power Fund –
1. The L&P Fund has bond reserve requirements a rate
maintenance covenant (restricted funds) of 1.25 ((total
revenues – operation and maintenance expenses (total
expenditures + - capital + - future vehicle replacement + -
capital-related engineering costs - depreciation)/debt
service).
1.2. The Town also seeks to maintain a self-imposed 90-
day operating coverage ratio of > 1.00, as defined by ((fund
balance / ((total expenditures – capital – future vehicle
replacement – capital-related engineering costs) x .25).
2.3. The L&P Fund seeks to maintain and replace its
infrastructure, through rate studies/implementation, at a pace
that at least matches asset depreciation rates.
ii. Water Fund –
1. The Water Fund has operations and maintenance (O&M)
requirements (restricted funds) as defined by the Water Loan
covenants.
1.2. The Town also seeks to maintain a self-imposed debt
coverage ratio of 1.10 (same definition as in L&P Fund).
2.3. The Water Fund seeks to maintain and replace its
infrastructure, through rate studies/implementation, at a pace
that at least matches asset depreciation rates.
c. Proprietary Fund Types – Internal Service
i. Medical Insurance Fund – This fund is designed to cover premiums,
claims and other operating expenses related to the Town’s self-
funded plan to provide employees medical and dental insurance.
Employees and user departments are charged appropriately to cover
these costs. Reserves shall be maintained at between 30%-40% of
the 3-year rolling average of annual claims.
ii. Fleet Fund – This fund is designed to provide for ongoing
maintenance and repair of the Town (and other contracted) fleet of
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vehicles. The fund is designed to cover its operating and capital
costs annually through charges for services to the user departments.
Due to potential fluctuations in operating costs for fuel and
unexpected repairs, etc., the Fleet Fund shall maintain an operating
reserve of at least 10%. The Fleet Fund should also maintain a
capital replacement program commensurate with the rate of
depreciation within the Fund.
iii. IT Fund – The IT fund is designed to provide ongoing upgrades and
maintenance to the Town’s IT infrastructure and operating systems.
The fund is designed to cover its operating and capital costs annually
through charges for services to the user departments. Reserves
shall be maintained between $100,000-$200,000 to allow for
emergencies or unanticipated technology needs. Additional funds
may be reserved in recognition of reserved/restricted broadband
monies received. The IT Fund should also maintain a capital
replacement program commensurate with the estimated
replacement costs of existing equipment.
iv. Vehicle Replacement Fund – This fund is designed to provide
replacement vehicles to appropriate user departments. Funds are
accumulated at depreciation rates equal to 3% per yr / 25%
maximum for rates approximating depreciation over the life of
vehicle, at estimated replacement value of purchase price of the
vehicle. Reserves will fluctuate based on the replacement schedule,
but the unrestricted reserve balance should maintain a balance of at
least 15% of the fleet replacement value.
iv.v. Risk Management Fund – This fund is designed to accumulate risk
management costs, such as insurance costs, in one cost center for
all Town operations. Charges to the individual funds for each cost
center’s proportion of the risk management costs provide revenues
to the Risk Management Fund to pay operating costs. In general,
there are no minimum reserve requirements and reserves will be
accumulated to mitigate unexpected claims, deductibles and other
liability costs as deemed appropriate.
d. Fiduciary Fund (Theater Fund) – Currently, the Town does not have any
Fiduciary Funds but these These funds are held by the Town in a fiduciary
capacity and are available for the purpose of the construction of a
performing arts facility specific restricted purposes. Similar to Special
Revenue Funds above, there are, in general, no minimum reserve
requirements. Funds can be spent to a zero balance annually. Fund
balance should never be less than the total of funds collected, but not yet
spent, that are restricted for the specific purposes.
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Supplementary information:
3. Fund Balance Classifications: The appropriate fund balance classifications
shall be included in each governmental fund as necessary or required by GAAP.
In the CAFR, all governmental funds report various fund classifications that
comprise a hierarchy primarily based on the extent to which the Town is bound to
honor constraints on the specific purposes for which amounts in those funds can
be spent. The Town may or may not report all fund balance types in any given
reporting period, based on actual circumstances and activity. It is not expected or
required that all funds report all possible fund balance classifications. Provisions
of GASB 54 need not be applied to immaterial items. Policy cannot consider every
situation that could occur; therefore, the Finance Director or designee shall have
discretion to deviate should circumstances warrant. However, the following
descriptions are a guideline of what can be expected to be appropriate in each
fund balance classification. The categories within each classification will be
reported in alphabetical order and not listed in any other order of significance.
a. Non-spendable Fund Balance – The portion of fund balance that cannot be
spent because it is either not in a spendable form (not expected to be
converted to cash) or is legally or contractually required to be maintained
intact (corpus or principal of a permanent fund). Non-spendable amounts
should not be reported in a fund if the proceeds from the collection,
conversion or sale of the asset are restricted, committed, or assigned. In
such a situation, they should be included in the appropriate fund balance
classification (restricted, committed or assigned) rather than as non-
spendable.
i. Advances to Other Town Funds – The amount any Town fund owes
the General Fund not expected to be repaid within two months of
year end. The since the payments back to the General Fund will be
available for immediate appropriation by the Board for any purpose.
ii. Inventories – The value of inventories that are not expected to be
converted into cash.
iii. Long-term Receivables – Long-term receivables for loans and notes,
if not setup with an offsetting liability.
iv. Prepaid Items – The value of prepaid assets.
v. Property Acquired for Resale – The value of property acquired for
resale.
b. Restricted Fund Balance – The portion of fund balance constrained for a
specific purpose by external parties (creditors-debt covenants, grantors,
contributors, or laws and regulations of other governments), constitutional
provisions, or enabling legislation. Effectively, restrictions on fund balance
may only be changed or lifted with the consent of the resource providers.
i. Capital Projects – Any amounts restricted by federal, state, or local
governments or by enabling legislation for capital projects.
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ii. Citizen Initiatives – Any amounts restricted by citizens through
enabling legislation.
ii.iii. Restricted Donations – Any amounts restricted by the donor for
specific purposes.
iii.iv. Debt Service – Any amounts required to be held according to creditor
requirements.
iv.v. Intergovernmental Agreements - Unspent intergovernmental
grant/allocation/contract funding that must be used for specific
programs as stipulated by the agreement. This includes any
matching funds needed to spend the funds. If a deferred revenue
amount has been recorded for any unearned revenue, this would
result in no fund balance to report.
v.vi. Legislative Restrictions – Any amounts restricted by federal, state, or
local governments or by enabling legislation other than citizen
initiatives or restrictions for capital projects.
vi.vii. TABOR Reserves – As set forth in the Town’s Budget Preparation
and Management Policies 180.1D, Section III (reference B),
Amendment One to the state constitution, (Article X, Section 20
Taxpayer’s Bill of Rights), passed by voters in 1992, requires that
reserves equal to 3% of the fiscal year spending be established for
declared emergencies.
c. Committed Fund Balance – The portion of fund balance that can only be
used for specific purposes according to limitations imposed by the Town
Board by majority vote at a public meeting prior to the end of the fiscal year.
The Board’s commitment will therefore constitute “committed funds,” a
designation which will follow the funds even when transferred to another
special revenue fund. If the actual amount of the commitment is not
available by the end of the fiscal year, the actual amount should be
calculated as soon as information is available but no later than March 1st of
the subsequent year. The constraint may be removed or changed only by
the same formal action of the Town Board. The restricted or committed
proceeds of specific revenue sources should be expected to continue to
comprise a substantial portion of the inflows reported in the fund. Other
resources (eg. investment earnings, transfers in) also may be reported in
the fund if those resources are restricted, committed, or assigned to the
specified purpose of the fund. The Town should discontinue reporting a
special revenue fund, and instead report the fund’s remaining resources in
the General Fund, if the Town no longer expects that a substantial portion
of the inflows will derive from restricted or committed revenue sources.
i. Capital Projects - Any unspent funds for a Board approved ongoing
capital project that remain at fiscal year-end. This does not
necessarily mean the assets will be capitalized.
ii. Other Commitments – Any other funds approved by the Board using
fund balance reserves. These will be reported by functions: i.e.
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general government, health and human services, judicial and public
safety, recreation, or streets and highways.
d. Assigned Fund Balance – The portion of fund balance set aside for planned
or intended actions. The intended use may be expressed by the Board of
Town Trustees or other individuals delegated by the Board (Town Manager,
Budget Manager, or Financial Services DirectorTown Administrator,
Assistant Town Administrator, Finance Director) to assign funds to be used
for a specific purpose. Fund balance may be assigned after the end of the
reporting period any time prior to March 1st of the subsequent year. In
governmental funds other than the general fund, assigned fund balance
represents the amount that is not non-spendable, restricted, or committed.
This indicates that resources in these funds are, at a minimum, intended
“assigned” to be used for the purpose of that fund. Assigned funds cannot
cause a deficit in the unassigned fund balance.
i. Advances to Other Town Funds – The amount any Town fund owes
another Town fund not expected to be repaid within two months of
year end is besides the General Fund for an advance. Advances to
other Town funds besides the General Fund should be reported as
Assigned since the payments back to those funds will be used for the
purpose of that fund.
ii. Capital Projects – The estimated cost of planned or desired, but not
approved, specific projects as requested by the Board of Town
Trustees or other authorized individuals. This does not necessarily
mean the assets will be capitalized
iii. Subsequent Year Expenditures – Appropriation of existing fund
balance to eliminate a projected budgetary deficit in the subsequent
year’s budget. This includes any carry-over funds which are
intended to be used for a specific purpose.
iv. The adopted budget resolution generally authorizes a government to
spend budgeted revenues and other financing sources and,
therefore, does not impose constraints on the use of existing
resources. However, if a portion of existing fund balance is included
as a budgetary resource in the subsequent year’s budget to eliminate
a projected excess of expected expenditures over expected
revenues, then that portion of fund balance (in an amount no greater
than is necessary to eliminate the excess) should be classified as
assigned. The amount should not be classified as committed
because the Board of Town Trustees does not have to take formal
action to remove or modify that specific use – the purpose of the
assignment expires with the appropriation.
e. Unassigned Fund Balance – This is the residual portion of General Fund
balance that does not meet any of the above criteria. It represents
resources available for immediate appropriation by the Board for any
purpose. The Town will only Only the General Fund can report a positive
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unassigned fund balance in the General Fund. Although there is generally
no set spending plan for the unassigned portion, there is a need to maintain
a certain funding level to cover unexpected expenditures and revenue
shortfalls. In other fundsfunds other than the General Fund, the unassigned
classification should be used only to report a deficit balance.
4. Order of Fund Balance Use - When multiple categories of fund balance are
available for expenditure, the Town will start with the most restricted category and
spend those funds first before moving down to the next category with available
funds. Therefore, fund balance is generally depleted in the order of restricted,
committed, assigned, and unassigned. For example, if a construction project was
being funded by bond proceeds and assigned fund balance, the Town would first
use the bond proceeds to pay expenditures since use of bond proceeds is more
restrictive than use of assigned fund balance. One exception is if the restricted
funds have legal requirements that disallow it being spent first or that require
matching funds.
3. PROCEDURE
Funds are reviewed annually for policy compliance following production of the CAFR.
Fund balance policy compliance is a required component of the annual Budget process.
_____________________________
Bill PinkhamTodd Jirsa, Mayor
_____________
Date
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Community Development Report
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Jeffrey Woeber, Senior Planner
Date: July 9, 2019
RE: Discussion of Recreational Uses Currently in Residential Zoning Districts
Objective:
To present information to the Town Board regarding staff’s proposed changes to the
“Park and Recreation Facilities” code amendment.
Present Situation:
The “Park and Recreation Facilities” code amendment was continued by the Town
Board from their hearing on May 28, 2019 to July 23, 2019. This was in order for staff
to make changes as the May 28 draft of the code amendment would not allow existing
Park and Recreation Facilities uses in Residential Zoning Districts to be altered or
extended.
Proposal:
The proposal involves allowing Park and Recreation Facility uses in Residential Zoning
Districts as an S1 level special review, where the previous draft code amendment did
not allow them.
Advantages:
This would address the Town Boards concerns, adding provisions where existing Park
and Recreation Facilities uses in Residential Zoning Districts may be altered or
extended.
Disadvantages:
• Adds slightly to Code length and complexity.
Action Recommended:
Staff has drafted a revised code amendment as described above, and will present it to
the Town Board on July 23, 2019.
Finance/Resource Impact:
None
Level of Public Interest
Medium. Some public comment has been received. 13
Ordinance No. 05-19
AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING
THE “PARK AND RECREATION FACILITIES” USE, REVISING THE
DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING
SPECIFIC USE STANDARDS
WHEREAS, on March 19, 2019, the Estes Valley Planning Commission conducted a
public hearing on a proposed text amendment to the Estes Valley Development Code
REGARDING THE “PARK AND RECREATION FACILITIES” USE, REVISING THE DEFINITION,
REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS, and
found that the text amendment complies with Estes Valley Development Code §3.3.D Code
Amendments, Standards for Review; and
WHEREAS, on March 19, 2019, the Estes Valley Planning Commission voted to
recommend approval of the text amendment; and
WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment
complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review
and has determined that it is in the best interest of the Town that the amendment to the Estes
Valley Development Code, as set forth on Exhibit A [Red], be approved; and
WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit
A [Red], attached hereto and incorporated herein by this reference:
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 [Red].
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO, THIS DAY OF
_______, 2019.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
14
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the ________ day of _______________, 2019 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of
____________, 2019, all as required by the Statutes of the State of Colorado.
Jackie Williamson, Town Clerk
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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EXHIBIT RED PAGE 1
EXHIBIT A [Red]
§ 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES
C. Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use
classifications in alphabetical order. A general definition is typically provided for each use classification,
and in many instances examples are provided of specific uses that fall within the broader use
classification. When a specific use example is provided, the example should satisfy both the broader
classification's general definition as well as the definition of the specific use, if provided. Finally, the
text may provide specific examples of uses that are not included in a particular use classification
(referred to in the text as "exceptions").
34. Park and Recreation Facilities. Parks, playgrounds, recreation facilities and open spaces.
This classification includes public parks, cemeteries, public squares, plazas, playgrounds,
ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses
are classified separately as a recreational use.
(Ord. 17-17, § 1(Exh. F))
34. Park and Recreation Facilities.
a. Park and Recreation Facilities – Public. Publicly owned parks, playgrounds, recreation
facilities and open spaces. Ownership is through public entities such as federal, state, county
and municipal government or a public recreation district. Golf courses are classified separately
as a recreational use.
b. Park and Recreation Facilities – Private. Privately owned and operated parks, playgrounds,
recreation facilities and open spaces. Golf courses are classified separately as a recreational
use.
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EXHIBIT RED PAGE 2
§ 4.3 - Residential Zoning Districts
B. Table 4-1: Permitted Uses: Residential Zoning Districts.
Table 4-1
Permitted Uses: Residential Zoning Districts
Use Classification Specific
Use
Zoning Districts
Additional Regulations (Apply in All
Districts Unless Otherwise Stated )
"P" = Permitted by Right
"S1 or S2" = Permitted by Special
Review
"—" = Prohibited
RE-
1 RE E-
1 E R R-
1
R-
2 RM
INSTITUTIONAL, CIVIC AND PUBLIC USES
Park and Recreation
Facilities P P P P P P P P §3.13, Location & Extent Review
Park and Recreation
Facilities - Public P P P P P P P P §3.13, Location & Extent Review
Park and Recreation
Facilities - Private S1 S1 S1 S1 S1 S1 S1 S1
17
EXHIBIT RED PAGE 3
§ 4.4 - Nonresidential Zoning Districts
B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Table 4-4
Permitted Uses: Nonresidential Zoning Districts
Use Classification Specific
Use
Nonresidential Zoning Districts
Additional Regulations
(Apply in All Districts
Unless Otherwise Stated)
"P" = Permitted by Right
"S1 or S2" = Permitted by Special
Review
"—" = Prohibited
A A-1 CD CO O CH I-1
INSTITUTIONAL, CIVIC & PUBLIC USES
Park and Recreation Facilities P P P P P — — §3.13, Location & Extent
Review
Park and Recreation Facilities –
Public P P P P P — — §3.13, Location & Extent
Review
Park and Recreation Facilities –
Private P P P P P — —
18
EXHIBIT RED PAGE 4
CHAPTER 5. - USE REGULATIONS
§ 5.1 - SPECIFIC USE STANDARDS
This Section contains regulations that apply to specific uses or classes of uses.
W. Park and Recreation Facilities. Park and Recreation Facilities shall be divided into two
classifications: Public, and Private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b.
1. Public Park and Recreation Facilities include traditional public parks, cemeteries, public
squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor
and outdoor recreation facilities owned by public entities such as federal, state, county and
municipal government or a recreation district. Temporary commercial and non-commercial uses
are allowed through a temporary use permit as specified in EVDC Section 5.3. Public Park and
Recreation Facilities are permitted in most zoning districts as listed in Tables 4 – 1 and 4 – 4.
Public Park and Recreation Facilities in non-residential zoning districts may have private
concessions and rental arrangements for use of facilities therein. A Location and Extent Review
is required to establish or modify a Public Park and Recreation Facility.
2. Private Park and Recreation Facilities include privately owned and operated commercial and
non-commercial parks, playgrounds, ballfields, nonprofit botanical gardens, nature preserves,
cemeteries and other private indoor and outdoor recreation facilities. Private Park and
Recreation Facilities are permitted in residential zoning districts as an S1 Special Review use
(See Table 4 – 1). Passive open space is allowed in residential zoning districts and is not
subject to S1 Special Review requirements.
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1
TOWN OF ESTES PARK BOARD OF TRUSTEES
STUDY SESSION, 7/9/19
BY CLAIRE KREYCIK
Park and Recreation Facility Inventory
Inventory:
Upon interviewing nearly 40 local organizations, both commercial and non-profit, an inventory of
Park and Recreation Facility use has been created. This inventory describes both private and
public Park and Recreation Facilities in the Estes Valley Planning Area.
Private
Our research revealed that there are more than seven private Parks and Recreation Facilities in
the Estes Valley on land zoned residential, each serving one or more commercial guiding
operation. The extent of use of private waters by fishing guides is unknown, as guides were
unwilling to share details. Previously these operations were accepted as a use-by-right, and
now deliberation regarding the Code Amendment process is seeking a determination of whether
these uses are acceptable.
Sometimes the land is owned by the guiding company (as is the case with horseback riding at
Elkhorn Lodge, Cheley Camp, and the YMCA). Occasionally commercial guides will enter into
informal agreements or leases with landowners to access their property for fishing, photography
shoots, or climbing. A summary of current and historical use of private Park and Recreation
Facilities is listed in Table 1.
Table 1: Private Park and Recreation Facilities
F ACILITY O WNERSHIP Z ONE R ECREATION O PPORTUNITY
Prospect Mountain -
Estes Park Aerial
Tramway
Private CO, RE Sightseeing
Elkhorn Lodge Stables Private CO, RE-1,
RE
Horseback riding
Cheley Camp Private A, RE-1,
RE
Horseback riding, youth camps
YMCA Private A, A-1 Horseback riding, fishing
Sombrero Ranch Private RE-1 Horseback riding, photography
MacGregor Ranch Private RE-1 Educational activities, youth
camps, photography
Unspecified Private
Waters
Private Varies Fishing
170 Elm Rd Private RE Climbing via agreement with
landowner
Prospect Mountain –
The Thumb and
Needle
Private RE N/A – Historic, and potential
area for climbing guiding
development
The Estes Park Aerial Tramway has been operating on Prospect Mountain since 1955. The
company owns five parcels on the top of Prospect Mountain, where the upper facility is located.
This land is zoned RE. The lower facility is situated in Commercial Outlying zoning, on land
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2
TOWN OF ESTES PARK BOARD OF TRUSTEES
STUDY SESSION, 7/9/19
BY CLAIRE KREYCIK
leased to the Tramway by the neighboring landowners. The Estes Park Aerial Tramway has an
easement that covers the land underneath the path of the tram as it ascends the mountain.
Several photography companies work with private landowners in residentially zoned areas like
Sombrero Ranch and MacGregor Ranch for client photography shoots. Additionally, the Muriel L
MacGregor Charitable Trust offers four-day youth camps and field trips for local students at
MacGregor Ranch, zoned RE-1.
There is community interest in opening up access for commercial climbing guiding at Prospect
Mountain. Jeffrey Boring at Estes Valley Land Trust (EVLT) provided a summary of the current
status of this facility. The land is privately held by Central Administrators Inc and the EVLT has a
conservation easement for the property, which prohibits commercial use. There was historical
commercial use of the rock formations of Prospect Mountain. The landowner reserves right to
build one home there, but EVLT has expressed interest in partnering with local organizations
and the Estes Valley Recreation and Park District (EVRPD) to purchase the land and administer
limited access to commercial outfitters, as a public recreation property/ open space park. In this
case outfitters would have to apply for a concessionaire’s agreement, limiting impact and
protecting the resource. If this amendment passes, it will not allow this use being that Prospect
Mountain is zoned RE.
Public
Estes Valley is rich in public lands and the tourism industry benefits from multiple public Park
and Recreation Facilities. While this inventory was directed to focus on private Park and
Recreation facilities, a summary of current activities in public facilities has been included for the
sake of completeness. Table 2 summarizes which public facilities are used by guiding
companies in Estes Valley.
Table 2: Public Park and Recreation Facilities
F ACILITY O WNERSHIP Z ONE R ECREATION
O PPORTUNITY
Big Thompson River Public – Varies Varies Fishing
Old Hydroelectric Plant
on Fall River
Town of Estes Park A-1 Fishing
Lake Estes and Wapiti
Meadows
Bureau of Reclamation,
managed by EVRPD
CO Fishing, special events
Mary’s Lake Bureau of Reclamation,
managed by EVRPD
A Fishing, climbing
Performance Park Town of Estes Park CO Climbing, events
Estes Park Events
Complex, Stanley
Park, Bond Park,
Baldwin Park, George
Hix Riverside Plaza,
Riverside Park
Town of Estes Park
(Community Services
Department and
EVRPD)
CD, CO Special events, sporting
events, recurring
markets
Roosevelt National
Forest
Forest Service N/A Touring, 4x4 travel,
climbing, horseback
riding
21
3
TOWN OF ESTES PARK BOARD OF TRUSTEES
STUDY SESSION, 7/9/19
BY CLAIRE KREYCIK
There are several fishing guides operating in Estes Valley on public lands within the Estes
Valley Planning Area. The majority of this commercial activity is concentrated on the Big
Thompson River. Guides take clients to areas around Lake Estes, like Wapiti Meadows, as well
as other National Forest access points further down the canyon, outside of the Planning Area.
Guides can access public waters, even if there are private properties on the other side of the
river. Mary’s Lake and Lake Estes are owned by the Bureau of Reclamation and managed by
Estes Valley Recreation and Park District (EVRPD) under a federal lease. For these facilities,
guides apply for commercial use permits through the Bureau of Reclamation, and once
approved, annual permits, costing $200, are issued by EVRPD. This year only one commercial
fishing permit has been issued, though it is likely that outfitters are accessing these public
waters without EVRPD permit.
A handful of commercial rock-climbing guides are pursuing similar commercial use permits to
gain access to the crags that encircle Mary’s Lake on Bureau of Reclamation property.
According to EVRPD, all five of these applications are pending as of May 2019. Climbing guides
also take clients to the crag behind the amphitheater at Performance Park, which is owned and
operated by the Town of Estes Park, and zoned Commercial Outlying. The neighborhood above
the rock face is zoned E-1 and RM. The guides we spoke with do not access the rock face from
above to set up climbs so as to avoid trespassing.
The firework show over Lake Estes is another recreational use that is managed through a
Bureau of Reclamation/ EVRPD commercial use permit. Formerly, a permit was required
annually, but now the EVRPD issues a five-year permit for the event. Also, EVRPD manages
commercial use of Stanley Park, which includes the baseball fields, concessions stand, skate
park, and bike park
The Estes Park Events Complex is managed by Town’s Community Services Department.
Events hosted by non-profit and for-profit entities are held year-round at the Events Center, as
well as at Bond Park, Performance Park, Baldwin Park, Riverside Park, and the George Hix
Riverside Plaza. Permits are issued for events such as trade shows, festivals, sporting events,
livestock shows, and private social events.
Summary:
In summary, the majority of Park and Recreation Facilities in the Estes Valley Planning Area are
in areas not zoned residential, but commercial activities on private residential land currently
exist and have been proposed. Some of these facilities have been in operation for decades, and
enhance the character and image of Estes Park as a tourist destination.
22
4
TOWN OF ESTES PARK BOARD OF TRUSTEES
STUDY SESSION, 7/9/19
BY CLAIRE KREYCIK
APPENDIX 1: L IST OF C OMPANIES AND O RGANIZATIONS I NTERVIEWED
Fishing
Kirk’s Fly-fishing
Estes Angler
Fly Fishing in the Rocky Mountains
Sasquatch Fly Fishin’
Lost Outfitters
Flashpacker Connect
Climbing
KEP Expeditions
Lost Outfitters
Colorado Mountain School
Estes Park Rock Climbing
Kent Mountain Adventures
Flashpacker Connect
Mike Caldwell
Apex Ex Colorado
Photographers
blink!
Perkins
Shoot My Hike
Fall River Photo Guide
Sky Pond Photography
Yellow Wood Guiding
Images of Estes
Photos by Dill
Horseback Riding
Estes Park Outfitters
Cowpoke Corner
Jackson Stables
Hi Country Stables
National Park Gateway Stables
Sombrero Stables
Elkhorn Lodge Stables
Cheley Camp
Guided Tours and Off-roading
EP Trolleys
Estes Park Aerial Tramway
Rocky Mountain Conservancy
Yellow Wood Guiding
Estes Park Outfitters
Tour Estes Park
Colorado Wilderness Guides
Green Jeep Tours
Alex Rocky Mtn Tours
Rocky Mountain Conservancy
23
24
PUBLIC WORKS Report
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Greg Gladov, PE, Public Works Floodplain Engineer
David Hook, PE, Public Works Engineering Manager
Date: July 9, 2019
RE: Review of draft Ordinance xx-19 Floodplain Management to Maintain
Compliance with the National Flood Insurance Program
Objective:
Discuss the proposed draft Ordinance xx-19 to revise the Town’s floodplain regulations.
Present Situation:
At the June 25 Study Session with the Town Board, Public Works (PW) staff discussed
several components of our floodplain management program, including the Town’s
participation in the National Flood Insurance Program (NFIP), FEMA’s Community
Rating System (in which the Town does not currently participate) and our current
floodplain regulations. We also discussed the Community Assistance Visit (CAV) that
the Colorado Water Conservation Board (CWCB) and the Federal Emergency
Management Agency (FEMA) conducted with staff this past February, including staff’s
recent efforts to update our floodplain regulations to meet the minimum standards of the
NFIP. For ease of reference, a link to the 60-page packet previously provided in the
June 25 report to the Town Board is attached.
At our discussion on June 25, staff received the following answers to the four key
questions posed to the Town Board in our report:
1.Yes, the Town should continue participation in the NFIP.
2.No, the Board does not have immediate interest in pursuing Town participation in
the CRS.
3.No modifications to the draft regulations dated 6-20-19 were offered, but the
Town Board may have suggestions during the continuing discussion at the Study
Session on July 9.
4.Staff will return with revised draft regulations to include identification of the Draft
CHAMP data as the regulatory basis for establishing the Special Flood Hazard
Area in Estes Park.
25
Proposal:
Based on the premise that the Town Board desires to continue providing
comprehensive, proactive floodplain management services to the Estes Park
community and desires to maintain participation in the NFIP, staff has prepared revised
draft regulations that are now formatted to replace Section 17.28 of the Estes Park
Municipal Code. Staff has coordinated with Town Attorney White and incorporated his
suggested edits therein.
Advantages:
•Maintain eligibility for NFIP participation.
•Improved protection of lives and property in flood-prone areas.
•Assigns the cost of future Letters of Map Revisions (LOMRs) on projects
requiring a Floodplain Development Permit to the applicant instead of the Town.
Disadvantages:
•Increased regulatory burden on proposed improvements within the areas of
special flood hazard.
•Applicants for Floodplain Development Permits bear the cost of preparing
LOMRs.
•More properties will be subject to flood insurance obligations sooner and at a
higher cost as compared to regulating to the existing 2006 FIRMs.
Action Recommended:
PW staff recommends that the Town Board review and provide feedback on the
attached draft Ordinance and the attached revised draft floodplain regulations in
advance of staff submitting revised regulations to CWCB and FEMA for their review and
comment. Potential adoption of the proposed Ordinance and regulations is
contemplated for August 2019.
Finance/Resource Impact:
As proposed, financial impacts to the 2019 budget related to implementing the proposed
floodplain regulations are expected to be negligible. Future costs to others for flood
insurance and preparing LOMRs are expected to be significant and a necessary
consequence of maintaining membership in the NFIP.
Level of Public Interest
Level of public interest is expected to be moderate while the ramification of this decision
can be financially significant to impacted property owners.
Attachments
Link to Floodplain Report with attachments from the 6-25-19 TBSS
Ordinance xx-19
Proposed revised draft regulations dated 7-3-19
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Page 1 of 2
ORDINANCE NO. XX-19
AN ORDINANCE REENACTING CHAPTER 17.28
OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK
RELATING TO FLOODPLAIN REGULATIONS
WHEREAS, the Legislature of the State of Colorado has, in Title 29, Article 20 of
the Colorado Revised Statutes, delegated the responsibility of local governmental
units to adopt regulations designed to minimize flood losses; and
WHEREAS, the flood hazard areas of the Town of Estes Park are subject to
periodic inundation, which can result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which adversely affect the health,
safety and general welfare of the public; and
WHEREAS, these flood losses are created by the cumulative effect of
obstructions in floodplains which cause an increase in flood heights and velocities,
and by the occupancy of flood hazard areas by uses vulnerable to floods and
hazardous to other lands because they are inadequately elevated, floodproofed or
otherwise protected from flood damage; and
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 17.28 – Floodplain Regulations of the Municipal Code is
hereby repealed in its entirety and replaced with Exhibit A.
Section 2: This amendment to the Estes Park Municipal Code shall take effect
and be enforced thirty (30) days after its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2019.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
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Page 2 of 2
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the day of , 2019 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2019, all as required by the Statutes of the State of Colorado.
Town Clerk
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EXHIBIT A
Title 17 – Zoning
Chapter 17.28 - Floodplain Regulations
17.28.010 - Purpose.
It is the purpose of this ordinance to promote public health, safety and general welfare
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
1.Protect human life and health;
2.Minimize expenditure of public money for costly flood control projects;
3.Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
4.Minimize prolonged business interruptions;
5.Minimize damage to critical facilities, infrastructure and other public facilities such
as water, sewer and gas mains; electric and communications stations; and streets
and bridges located in floodplains;
6.Help maintain a stable tax base by providing for the sound use and
development of flood- prone areas in such a manner as to minimize future
flood blight areas; and
7.Ensure that potential buyers are notified that property is located in a flood hazard
area.
In order to accomplish its purposes, this ordinance uses the following methods:
1.Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
2.Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
3.Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood waters;
4.Control filling, grading, dredging and other development which may increase flood
damage;
5.Prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands.
17.28.020 – Definitions.
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted to give them the meaning they have in common usage and to give this
ordinance its most reasonable application.
100-YEAR FLOOD - A flood having a recurrence interval that has a one-percent
29
chance of being equaled or exceeded during any given year (1-percent-annual-
chance flood). The terms "one-hundred-year flood" and "one percent chance flood"
are synonymous with the term "100-year flood." The term does not imply that the
flood will necessarily happen once every one hundred years.
100-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a
result of the occurrence of a one-hundred-year flood.
500-YEAR FLOOD - A flood having a recurrence interval that has a 0.2-percent
chance of being equaled or exceeded during any given year (0.2-percent-chance-
annual-flood). The term does not imply that the flood will necessarily happen once
every five hundred years.
500-YEAR FLOODPLAIN - The area of land susceptible to being inundated as a
result of the occurrence of a five-hundred-year flood.
ADDITION - Any activity that expands the enclosed footprint or increases the square
footage of an existing structure.
ALLUVIAL FAN FLOODING - A fan-shaped sediment deposit formed by a stream that
flows
from a steep mountain valley or gorge onto a plain or the junction of a tributary stream
with the main stream. Alluvial fans contain active stream channels and boulder bars,
and recently abandoned channels. Alluvial fans are predominantly formed by alluvial
deposits and are modified by infrequent sheet flood, channel avulsions and other
stream processes.
AREA OF SHALLOW FLOODING - A designated Zone AO or AH on a community's
Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance
of flooding to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
BASE FLOOD – The flood which has a one percent chance of being equaled or
exceeded in any given year (also known as a 100-year flood). This term is used in the
National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to
be used by a community in its floodplain management regulations.
BASE FLOOD ELEVATION (BFE) - The elevation shown on a FEMA Flood Insurance
Rate Map for Zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO,
V1-V30, and VE that indicates the water surface elevation resulting from a flood that has
a one percent chance of equaling or exceeding that level in any given year.
BASEMENT - Any area of a building having its floor sub-grade (below ground level) on
all sides.
CHANNEL - The physical confine of stream or waterway consisting of a bed and
stream banks, existing in a variety of geometries.
30
CHANNELIZATION - The artificial creation, enlargement or realignment of a stream
channel.
CODE OF FEDERAL REGULATIONS (CFR) - The codification of the general and
permanent Rules published in the Federal Register by the executive departments and
agencies of the Federal Government. It is divided into 50 titles that represent broad
areas subject to Federal regulation.
COMMUNITY - Any political subdivision in the state of Colorado that has authority to
adopt and enforce floodplain management regulations through zoning, including, but
not limited to, cities, towns, unincorporated areas in the counties, Indian tribes and
drainage and flood control districts.
CONDITIONAL LETTER OF MAP REVISION (CLOMR) - FEMA's comment on a
proposed project, which does not revise an effective floodplain map, that would, upon
construction, affect the hydrologic or hydraulic characteristics of a flooding source and
thus result in the modification of the existing regulatory floodplain.
CRITICAL FACILITY – A structure or related infrastructure, but not the land on which
it is situated, as specified in 17.28.230 that if flooded may result in significant hazards
to public health and safety or interrupt essential services and operations for the
community at any time before, during and after a flood. See 17.28.230.
DEVELOPMENT - Any man-made change in improved and unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
DFIRM DATABASE - Database (usually spreadsheets containing data and analyses
that accompany DFIRMs). The FEMA Mapping Specifications and Guidelines outline
requirements for the development and maintenance of DFIRM databases.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM) - FEMA digital floodplain map.
These digital maps serve as “regulatory floodplain maps” for insurance and floodplain
management purposes.
ELEVATED BUILDING - A non-basement building (i) built, in the case of a building in
Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor
above the ground level by means of pilings, columns (posts and piers), or shear walls
parallel to the flow of the water and (ii) adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude of the base
flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated
building" also includes a building elevated by means of fill or solid foundation perimeter
walls with openings sufficient to facilitate the unimpeded movement of flood waters.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured
home park or subdivision for which the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including, at a minimum, the
31
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of the floodplain
management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION-
The preparation of additional sites by the construction of facilities for servicing the lots
on which the manufactured homes are to be affixed (including the installation of utilities,
the construction of streets, and either final site grading or the pouring of concrete pads).
FEDERAL REGISTER - The official daily publication for Rules, proposed Rules, and
notices of Federal agencies and organizations, as well as executive orders and other
presidential documents.
FEMA - Federal Emergency Management Agency, the agency responsible for
administering the
National Flood Insurance Program.
FLOOD OR FLOODING - A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1. The overflow of water from channels and reservoir spillways;
2. The unusual and rapid accumulation or runoff of surface waters from any
source; or
3. Mudslides or mudflows that occur from excess surface water that is combined
with mud or other debris that is sufficiently fluid so as to flow over the surface of
normally dry land areas (such as earth carried by a current of water and
deposited along the path of the current).
FLOOD INSURANCE RATE MAP (FIRM) – An official map of a community, on
which the Federal Emergency Management Agency has delineated both the Special
Flood Hazard Areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) - The official report provided by the Federal
Emergency Management Agency. The report contains the Flood Insurance Rate Map
as well as flood profiles for studied flooding sources that can be used to determine Base
Flood Elevations for some areas.
FLOODPLAIN OR FLOOD-PRONE AREA - Any land area susceptible to being
inundated as the result of a flood, including the area of land over which floodwater would
flow from the spillway of a reservoir.
FLOODPLAIN ADMINISTRATOR - The community official designated by title to
administer and enforce the floodplain management regulations.
FLOODPLAIN DEVELOPMENT PERMIT – A permit required before construction or
development begins within any Special Flood Hazard Area (SFHA). If FEMA has not
defined the SFHA within a community, the community shall require permits for all
proposed construction or other development in the community including the
32
placement of manufactured homes, so that it may determine whether such
construction or other development is proposed within flood-prone areas. Permits are
required to ensure that proposed development projects meet the requirements of the
NFIP and this floodplain management ordinance.
FLOODPLAIN MANAGEMENT - The operation of an overall program of corrective and
preventive measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - Zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
FLOOD CONTROL STRUCTURE - A physical structure designed and built expressly or
partially for the purpose of reducing, redirecting, or guiding flood flows along a particular
waterway. These specialized flood modifying works are those constructed in
conformance with sound engineering standards.
FLOODPROOFING - Any combination of structural and/or non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
FLOODWAY (REGULATORY FLOODWAY) - The channel of a river or other
watercourse and adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than a
designated height. The Colorado statewide standard for the designated height to be
used for all newly studied reaches shall be one-half foot (six inches). Letters of Map
Revision to existing floodway delineations may continue to use the floodway criteria in
place at the time of the existing floodway delineation.
FREEBOARD - The vertical distance in feet above a predicted water surface elevation
intended to provide a margin of safety to compensate for unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood
such as debris blockage of bridge openings and the increased runoff due to
urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE – The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
33
HISTORIC STRUCTURE - Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained
by the
Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National
Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the
Interior or;
b. Directly by the Secretary of the Interior in states without approved
programs.
LETTER OF MAP REVISION (LOMR) - FEMA's official revision of an effective Flood
Insurance Rate Map (FIRM), or Flood Boundary and Floodway Map (FBFM), or both.
LOMRs are generally based on the implementation of physical measures that affect
the hydrologic or hydraulic characteristics of a flooding source and thus result in the
modification of the existing regulatory floodway, the effective Base Flood Elevations
(BFEs), or the Special Flood Hazard Area (SFHA).
LETTER OF MAP REVISION BASED ON FILL (LOMR-F) – FEMA’s modification of
the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map
(FIRM) based on the placement of fill outside the existing regulatory floodway.
LEVEE – A man-made embankment, usually earthen, designed and constructed in
accordance with sound engineering practices to contain, control, or divert the flow of
water so as to provide protection from temporary flooding. For a levee structure to be
reflected on the FEMA FIRMs as providing flood protection, the levee structure must
meet the requirements set forth in 44 CFR 65.10.
LEVEE SYSTEM - A flood protection system which consists of a levee, or levees, and
associated structures, such as closure and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement).
Any floor used for living purposes which includes working, storage, sleeping, cooking
and eating, or recreation or any combination thereof. This includes any floor that could
be converted to such a use such as a basement or crawl space. The lowest floor is a
determinate for the flood insurance premium for a building, home or business. An
34
unfinished or flood resistant enclosure, usable solely for parking or vehicles, building
access or storage in an area other than a basement area is not considered a building's
lowest floor; provided that such enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirement of Section 60.3 of the
National Flood insurance Program regulations.
MANUFACTURED HOME - A structure transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities. The term "manufactured home"
does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - A parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - For purposes of the National Flood Insurance Program, the
North American Vertical Datum (NAVD) of 1988 or other datum, to which Base Flood
Elevations shown on a community's Flood Insurance Rate Map are referenced.
SAFETY DATA SHEET (SDS) – A form with data regarding the properties of a
particular substance. An important component of product stewardship and workplace
safety, it is intended to provide workers and emergency personnel with procedures for
handling or working with that substance in a safe manner, and includes information
such as physical data (melting point, boiling point, flash point, etc.), toxicity, health
effects, first aid, reactivity, storage, disposal, protective equipment, and spill-handling
procedures.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP) – FEMA’s program of flood
insurance coverage and floodplain management administered in conjunction with the
Robert T. Stafford Relief and Emergency Assistance Act. The NFIP has applicable
Federal regulations promulgated in Title
44 of the Code of Federal Regulations. The U.S. Congress established the NFIP in
1968 with the passage of the National Flood Insurance Act of 1968.
NEW CONSTRUCTION – The construction of a new structure (including the placement
of a mobile home) or facility or the replacement of a structure or facility which has been
totally destroyed.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home
park or subdivision for which the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date of floodplain
management regulations adopted by a community.
NO-RISE CERTIFICATION – A record of the results of an engineering analysis
conducted to determine whether a project will increase flood heights in a floodway. A
No-Rise Certification must be supported by technical data and signed by a registered
Colorado Professional Engineer. The supporting technical data should be based on the
35
standard step-backwater computer model used to develop the 100-year floodway
shown on the Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway
Map (FBFM).
PHYSICAL MAP REVISION (PMR) - FEMA’s action whereby one or more map panels
are physically revised and republished. A PMR is used to change flood risk zones,
floodplain and/or floodway delineations, flood elevations, and/or planimetric features.
RECREATIONAL VEHICLE - means a vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
SPECIAL FLOOD HAZARD AREA – The land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year, i.e., the 100-
year floodplain.
START OF CONSTRUCTION - The date the building permit was issued, including
substantial improvements, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180
days of the permit date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation
for basement, footings, piers or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
STRUCTURE - A walled and roofed building, including a gas or liquid storage
tank, which is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - Damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before-damaged condition would equal or
exceed 50 percent of the market value of the structure just prior to when the damage
occurred.
SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before "Start of Construction" of the improvement. The
value of the structure shall be determined by the local jurisdiction having land use
authority in the area of interest. This includes structures which have incurred
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"Substantial Damage", regardless of the actual repair work performed. The term does
not, however, include either:
1. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary conditions or
2. Any alteration of a "historic structure” provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
THRESHOLD PLANNING QUANTITY (TPQ) – A quantity designated for each
chemical on the list of extremely hazardous substances that triggers notification by
facilities to the State that such facilities are subject to emergency planning
requirements.
VARIANCE - A grant of relief to a person from the requirement of this ordinance when
specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this
ordinance. (For full requirements see Section 60.6 of the National Flood Insurance
Program regulations).
VIOLATION - The failure of a structure or other development to be fully compliant
with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other
evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2),
(e)(4), or (e)(5) is presumed to be in violation until such time as that
documentation is provided.
WATER SURFACE ELEVATION - The height, in relation to the North American
Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
17.28.030 LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all Special Flood Hazard Areas and areas removed from
the floodplain by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-
F) within the jurisdiction of the Town of Estes Park, Colorado.
17.28.040 BASIS FOR ESTABLISHING THE SPECIAL FLOOD HAZARD AREA
The Special Flood Hazard Areas identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled, "The Flood Insurance Study for
Larimer County, Colorado (FIS number 08069CV001D) dated February 6, 2013, with
accompanying Flood Insurance Maps and any revisions thereto are hereby adopted by
reference and declared to be a part of this ordinance. The Special Flood Hazard Areas
identified by the FIS and attendant mapping are the minimum area of applicability of this
ordinance and may be supplemented by studies designated and approved by the Board
of Trustees. The Draft CHAMP data of 5-14-2019 is herein designated and approved by
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the Board of Trustees as the Best Available Floodplain information and shall be the
basis for establishing the Special Flood Hazard Area, including the regulatory floodway
and flood fringe. The Floodplain Administrator shall keep a copy of the chronological
Best Available Floodplain Information on file.
17.28.050 ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with the
provisions of this ordinance.
17.28.060 COMPLIANCE
No structure or land shall hereafter be located, altered, or have its use changed within
the Special Flood Hazard Area without full compliance with the terms of this ordinance
and other applicable regulations. Nothing herein shall prevent the Board of Trustees
from taking such lawful action as is necessary to prevent or remedy any violation.
These regulations meet the minimum requirements as set forth by the Colorado Water
Conservation Board and the National Flood Insurance Program.
17.28.070 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements.
However, where this ordinance and another ordinance or easement conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
17.28.080 INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State statutes.
17.28.090 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood heights may be increased by
man-made or natural causes. This ordinance does not imply that land outside the
Special Flood Hazard Area or uses permitted within such areas will be free from
flooding or flood damages. This ordinance shall not create liability on the part of the
Community or any official or employee or agent thereof for any flood damages that
result from reliance on this ordinance or any administrative decision lawfully made
thereunder.
17.28.100 SEVERABILITY
This ordinance and the various parts thereof are hereby declared to be severable.
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Should any section of this ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the ordinance as a whole, or any
portion thereof other than the section so declared to be unconstitutional or invalid.
17.28.110 DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The Town of Estes Park appointed Floodplain Administrator shall administer, implement
and enforce the provisions of this ordinance and other appropriate sections of 44 CFR
(National Flood Insurance Program Regulations) pertaining to floodplain management.
Floodplain Administrator means the community official designated by the Town
Administrator to administer and enforce the floodplain management regulations.
17.28.120 DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be
limited to, the following:
1. Maintain all records pertaining to the provisions of this ordinance, including the
actual elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new or substantially improved structures and any floodproofing
certificate required by 17.28.130.
2. Review, approve, or deny all applications for Floodplain Development Permits
required by adoption of this ordinance.
3. Review Floodplain Development Permit applications to determine whether a
proposed building site, including the placement of manufactured homes, will be
reasonably safe from flooding.
4. Review permits for proposed development to assure that all necessary permits
have been obtained from those Federal, State or local governmental agencies
(including Section 404 of the Federal Water Pollution Control Act Amendments
of 1972, 33 U.S.C. 1334) from which prior approval is required.
5. Inspect all development at appropriate times during the period of construction to
ensure compliance with all provisions of this ordinance, including proper
elevation of the structure.
6. Where interpretation is needed as to the exact location of the boundaries of the
Special Flood Hazard Area (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the Floodplain
Administrator shall make the necessary interpretation.
7. When Base Flood Elevation data has not been provided in accordance with
17.28.040, the Floodplain Administrator shall obtain, review and reasonably
utilize any Base Flood Elevation data and Floodway data available from a
Federal, State, or other source, in order to administer the provisions of 17.28.160
- 17.28.230.
8. For waterways with Base Flood Elevations for which a regulatory Floodway has
not been designated, no new construction, substantial improvements, or other
development (including fill) shall be permitted within Zones A1-30 and AE on the
community's FIRM, unless it is demonstrated that the cumulative effect of the
proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood
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more than one-half foot at any point within the community.
9. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood
Insurance Program regulations, a community may approve certain development
in Zones A1-30, AE, AH, on the community's FIRM which increases the water
surface elevation of the base flood by more than one-half foot, provided that the
community first applies for a conditional FIRM revision through FEMA
(Conditional Letter of Map Revision), fulfills the requirements for such revisions
as established under the provisions of Section 65.12 and receives FEMA
approval.
10. Notify, in riverine situations, adjacent communities and the State Coordinating
Agency, which is the Colorado Water Conservation Board, prior to any
alteration or relocation of a watercourse, and submit evidence of such
notification to FEMA.
11. Ensure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
17.28.130 PERMIT PROCEDURES
Application for a Floodplain Development Permit shall be presented to the Floodplain
Administrator on forms furnished by him/her and may include, but not be limited to,
plans in duplicate drawn to scale showing the location, dimensions, and elevation of
proposed landscape alterations, existing and proposed structures, including the
placement of manufactured homes, and the location of the foregoing in relation to
Special Flood Hazard Area. Additionally, the following information is required:
1. Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
3. A certificate from a registered Colorado Professional Engineer or architect
that the nonresidential floodproofed structure shall meet the floodproofing
criteria of 17.28.170(2);
4. Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
5. Maintain a record of all such information in accordance with 17.28.120.
Approval or denial of a Floodplain Development Permit by the Floodplain
Administrator shall be based on all of the provisions of this ordinance and the
following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
6. The costs of providing governmental services during and after flood conditions
40
including maintenance and repair of streets and bridges, and public utilities and
facilities such as sewer, gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at
the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
17.28.140 VARIANCE PROCEDURES
1. The Board of Adjustment, as established by the Community, shall hear and
render judgment on requests for variances from the requirements of this
ordinance.
2. The Board of Adjustment shall hear and render judgment on an appeal only
when it is alleged there is an error in any requirement, decision, or
determination made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
3. Any person or persons aggrieved by the decision of the Board of
Adjustment may appeal such decision in the courts of competent
jurisdiction.
4. The Floodplain Administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management
Agency upon request.
5. Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the procedures set forth in the
remainder of this ordinance.
6. Variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base flood level, providing
the relevant factors in 17.28.130 have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required for issuing
the variance increases.
7. Upon consideration of the factors noted above and the intent of this
ordinance, the Board of Adjustment may attach such conditions to the
granting of variances as it deems necessary to further the purpose and
objectives of this ordinance as stated in 17.28.010.
8. Variances shall not be issued within any designated floodway if any increase
in flood levels during the base flood discharge would result.
9. Variances may be issued for the repair or rehabilitation of historic structures
upon a determination that the proposed repair or rehabilitation will not
preclude the structure's continued designation as a historic structure and the
variance is the minimum necessary to preserve the historic character and
design of the structure.
10. Prerequisites for granting variances:
a. Variances shall only be issued upon a determination that the variance is
41
the minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon:
i. Showing a good and sufficient cause;
ii. A determination that failure to grant the variance would
result in exceptional hardship to the applicant, and
iii. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on
or victimization of the public,
or conflict with existing local laws or ordinances.
c. Any applicant to whom a variance is granted shall be given written notice
that the structure will be permitted to be built with the lowest floor
elevation below the Base Flood Elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
11. Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
Functionally Dependent Use provided that:
a. The criteria outlined in 17.28.140 (1)-(9) are met, and
b. The structure or other development is protected by methods that
minimize flood damages during the base flood and create no
additional threats to public safety.
17.28.150 PENALTIES FOR NONCOMPLIANCE
Civil Remedies and Enforcement Powers.
1. Deny/Withhold Permits. Deny and withhold all permits, certificates or other
forms of authorization to use or develop any land, structure or improvements
thereon until the alleged violation related to such property, use or development is
corrected. This provision shall apply whether or not the current owner or
Applicant for the permit is responsible for the violation.
Where the Community Development Director determines that an Applicant or
Property Owner has an outstanding violation or violations of this Code, the
Community Development Director shall be authorized to deny or withhold all
permits, certificates or other forms of authorization for any use or development
activity undertaken by such person until the outstanding violation is corrected.
The provision shall apply whether or not the property for which the permit,
application or other approval is sought is the property in violation. The Property
Owner or Applicant shall have the right to appeal the Community Development
Director's determination that a violation of this Code exists to the Board of
Trustees or the Board of County Commissioners, whichever is applicable. The
Board shall hold a hearing on the appeal as soon as practical and either uphold,
reverse or modify the determination of the Community Development Director as
the Board deems appropriate.
2. Revoke Permits. Revoke any development permit or other authorization, after
notice and a public hearing by the Decision-Making Body that originally granted
final authorization or approval of the permit, when it is determined that either:
42
a. There is a departure from the approved plans, specifications or
conditions of approval;
b. There is a violation of any provision of this Code;
c. The development permit was obtained by false representation; or
d. The development permit was issued in error.
Written notice of revocation shall be served upon the owner, the owner's agent,
Applicant or other person to whom the permit was issued, or such notice may be
posted in a prominent location at the place of the violation. No work or
construction shall proceed after service of the revocation notice.
3. Stop Work Order.
a. Issuance of Stop Work Order. With or without revoking permits, the
Community Development Director may issue an order to stop work on any
property on which there is an uncorrected violation of either a provision of
this Code or a provision of a permit or other form of authorization issued
hereunder. The stop work order shall specify the Code provisions
allegedly in violation. After any such order has been served, no work shall
proceed on any building, other structure or tract of land covered by such
order, except to correct such violation or comply with the order.
b. Timing/Notice. The stop work order may be issued at the same time as
the notice of the initial violation (see §12.7 below), or subsequent to such
notice. The stop work order may also specify a shorter time for correction
of the violation than the fifteen-day period specified in §12.7.A below. The
stop work order shall also indicate that failure to comply with the order
may subject the violator to civil and/or criminal liability as penalty for the
violation(s).
4. Injunctive Relief. Initiate injunction or abatement proceedings or other
appropriate legal action in the District Court or other court of competent
jurisdiction against any person who fails to comply with any provision of this
Code or any requirement or condition imposed pursuant to this Code. In any
court proceeding in which the Town or the County seeks a preliminary
injunction, it shall be presumed that a violation of this Code is a real, immediate
and irreparable injury to the public; that the public will be irreparably injured by
the continuation of the Code violation unless the violation is enjoined; and that
there is no plain and adequate remedy at law for the subject Code violation.
5. Abatement. Seek a court order in the nature of mandamus, abatement,
injunction or other action to abate or remove a violation or to otherwise restore
the premises to the condition which existed before the violation.
6. Guilty of Municipal Code Violation. A person shall be guilty of an Estes Park
Municipal Code violation upon conviction in any case where a violation of this
Code exists within the Town of Estes Park, where notice of violation, including
any stop work order, has been properly served, and where such person fails to
comply with such notice or stop work order.
(Ord. 18-02 #6)
7. Penalty. Persons found guilty of a violation pursuant to this Section, within the
Town of Estes Park, shall be subject to the fines and penalties established in the
Estes Park Municipal Code.
(Ord. 18-02 #6)
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Criminal Remedies and Enforcement Powers in the Unincorporated Larimer County.
1. Guilty of Misdemeanor. A person shall be guilty of a misdemeanor upon
conviction in any case where a violation of this Code exists, where notice of
violation, including any stop work order, has been properly served, and where
such person fails to comply with such notice or stop work order.
2. Penalty. Persons found guilty of a misdemeanor pursuant to this Section shall
be punishable by a fine of not more than one thousand dollars ($1,000.00) or by
imprisonment for not more than ten (10) days, or by both such fine or
imprisonment for each such violation.
3. It shall be the responsibility of the County Attorney to bring any criminal
enforcement action. At the discretion of the Board of County Commissioners, it
may appoint the District Attorney to perform such enforcement duties in lieu of
the County Attorney.
(Ord. 18-02 #6)
17.28.160 GENERAL STANDARDS
In all Special Flood Hazard Areas, the following provisions are required for all new
construction and substantial improvements:
1. All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
2. All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
3. All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
4. All new construction or substantial improvements shall be constructed with
electrical, heating, ventilation, plumbing, and air conditioning equipment and
other service facilities that are designed and/or located so as to prevent water
from entering or accumulating within the components during conditions of
flooding;
5. All manufactured homes shall be installed using methods and practices which
minimize flood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
6. All new and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
7. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of flood waters into the system and discharge from the
systems into flood waters; and,
8. On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
17.28.170 SPECIFIC STANDARDS
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In all Special Flood Hazard Areas where base flood elevation data has been provided as
set
forth in (i) 17.28.040, (ii) 17.28.120 (7), or (iii) 17.28.220, the following provisions are
required:
1. RESIDENTIAL CONSTRUCTION
New construction and Substantial Improvement of any residential structure shall
have the lowest floor (including basement), electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities (including
ductwork), elevated to one foot above the base flood elevation. Upon completion
of the structure, the elevation of the lowest floor, including basement, shall be
certified by a registered Colorado Professional Engineer, architect, or land
surveyor. Such certification shall be submitted to the Floodplain Administrator.
2. NONRESIDENTIAL CONSTRUCTION
With the exception of Critical Facilities, outlined in 17.28.230, new construction
and Substantial Improvements of any commercial, industrial, or other
nonresidential structure shall either have the lowest floor (including basement),
electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities (including ductwork), elevated to one foot above the base flood
elevation or, together with attendant utility and sanitary facilities, be designed so
that at one foot above the base flood elevation the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and
effects of buoyancy.
A registered Colorado Professional Engineer or architect shall develop and/or
review structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice as outlined in this subsection. Such certification
shall be maintained by the Floodplain Administrator, as proposed in 17.28.130.
3. ENCLOSURES
New construction and substantial improvements, with fully enclosed areas below
the lowest floor that are usable solely for parking of vehicles, building access, or
storage in an area other than a basement and which are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered
Colorado
Professional Engineer or architect or meet or exceed the following minimum
criteria:
a. A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding
45
shall be provided.
b. The bottom of all openings shall be no higher than one foot above
grade.
c. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
4. MANUFACTURED HOMES
All manufactured homes that are placed or substantially improved within Zones
A1-30, AH, and AE on the community's FIRM on sites (i) outside of a
manufactured home park or subdivision, (ii) in a new manufactured home park
or subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or (iv) in an existing manufactured home park or subdivision on
which manufactured home has incurred "substantial damage" as a result of a
flood, be elevated on a permanent foundation such that the lowest floor of the
manufactured home, electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities (including ductwork), are
elevated to one foot above the base flood elevation and be securely anchored to
an adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
All manufactured homes placed or substantially improved on sites in an existing
manufactured home park or subdivision within Zones A1-30, AH and AE on the
community's FIRM that are not subject to the provisions of the above paragraph,
shall be elevated so that either:
a. The lowest floor of the manufactured home, electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities
(including ductwork), are one foot above the base flood elevation, or
b. The manufactured home chassis is supported by reinforced piers or other
foundation elements of at least equivalent strength that are no less than
36 inches in height above grade and be securely anchored to an
adequately anchored foundation system to resist flotation, collapse, and
lateral movement.
5. RECREATIONAL VEHICLES
All recreational vehicles placed on sites within Zones A1-30, AH, and
AE on the community's FIRM either:
a. Be on the site for fewer than 180 consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the permit requirements of 17.28.130, and the elevation and
anchoring requirements for "manufactured homes" in paragraph (4) of this
section.
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
46
6. PRIOR APPROVED ACTIVITIES
Any activity for which a Floodplain Development Permit was issued by the
Town of Estes Park or a CLOMR was issued by FEMA prior to the effective
date of the ordinance may be completed according to the standards in place
at the time of the permit or CLOMR issuance and will not be considered in
violation of this ordinance if it meets such standards.
The CLOMR becomes null and void in the eyes of the community and a new
permit and CLOMR may be required if there is a revision through a PMR,
LOMR or new study that impacts the CLOMR boundary.
17.28.180 STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES)
Located within the Special Flood Hazard Area established in 17.28.040, are areas
designated as shallow flooding. These areas have special flood hazards associated
with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and
where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow; therefore, the following
provisions apply:
1. RESIDENTIAL CONSTRUCTION
All new construction and Substantial Improvements of residential structures
must have the lowest floor (including basement), electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities (including
ductwork), elevated above the highest adjacent grade at least one foot above
the depth number specified in feet on the community's FIRM (at least three feet
if no depth number is specified). Upon completion of the structure, the elevation
of the lowest floor, including basement, shall be certified by a registered
Colorado Professional Engineer, architect, or land surveyor. Such certification
shall be submitted to the Floodplain Administrator.
2. NONRESIDENTIAL CONSTRUCTION
With the exception of Critical Facilities, outlined in 17.28.230, all new
construction and Substantial Improvements of non-residential structures, must
have the lowest floor (including basement), electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities (including
ductwork), elevated above the highest adjacent grade at least one foot above
the depth number specified in feet on the community's FIRM (at least three feet if
no depth number is specified), or together with attendant utility and sanitary
facilities, be designed so that the structure is watertight to at least one foot above
the base flood level with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting hydrostatic and
hydrodynamic loads of effects of buoyancy. A registered Colorado Professional
Engineer or architect shall submit a certification to the Floodplain Administrator
that the standards of this Section, as proposed in 17.28.130, are satisfied.
Within Zones AH or AO, adequate drainage paths around structures on slopes
47
are required to guide flood waters around and away from proposed structures.
17.28.190 FLOODWAYS
Floodways are administrative limits and tools used to regulate existing and future
floodplain development. The State of Colorado has adopted Floodway standards that
are more stringent than the FEMA minimum standard (see definition of Floodway in
17.28.020. Located within Special Flood Hazard Area established in 17.28.040, are
areas designated as Floodways. Since the Floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectiles and erosion
potential, the following provisions shall apply:
1. Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory Floodway
unless it has been demonstrated through hydrologic and hydraulic analyses
performed by a licensed Colorado Professional Engineer and in accordance with
standard engineering practice that the proposed encroachment would not result
in any increase (requires a No-Rise Certification) in flood levels within the
community during the occurrence of the base flood discharge.
2. If 17.28.190 (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions
of 17.28.170 – 17.28.230.
3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments within
the adopted regulatory floodway that would result in an increase in Base Flood
Elevations, provided that the community first applies for a CLOMR and
floodway revision through FEMA.
17.28.200 ALTERATION OF A WATERCOURSE
For all proposed developments that alter a watercourse within a Special Flood
Hazard Area, the following standards apply:
1. Channelization and flow diversion projects shall appropriately consider issues
of sediment transport, erosion, deposition, and channel migration and properly
mitigate potential problems through the project as well as upstream and
downstream of any improvement activity. A detailed analysis of sediment
transport and overall channel stability should be considered, when
appropriate, to assist in determining the most appropriate design.
2. Channelization and flow diversion projects shall evaluate the residual 100-year
floodplain.
3. Any channelization or other stream alteration activity proposed by a project
proponent must be evaluated for its impact on the regulatory floodplain and be
in compliance with all applicable Federal, State and local floodplain rules,
regulations and ordinances.
4. Any stream alteration activity shall be designed and sealed by a registered
Colorado
Professional Engineer or Certified Professional Hydrologist.
48
5. All activities within the regulatory floodplain shall meet all applicable Federal,
State and
Town of Estes Park floodplain requirements and regulations.
6. Within the Regulatory Floodway, stream alteration activities shall not be
constructed unless the project proponent demonstrates through a Floodway
analysis and report, sealed by a registered Colorado Professional Engineer,
that there is not more than a 0.00-foot rise in the proposed conditions
compared to existing conditions Floodway resulting from the project, otherwise
known as a No-Rise Certification, unless the community first applies for a
CLOMR and Floodway revision in accordance with 17.28.190.
7. Maintenance shall be required for any altered or relocated portions of
watercourses so that the flood-carrying capacity is not diminished.
17.28.210 PROPERTIES REMOVED FROM THE FLOODPLAIN BY FILL
A Floodplain Development Permit shall not be issued for the construction of a new
structure or addition to an existing structure on a property removed from the floodplain
by the issuance of a FEMA Letter of Map Revision Based on Fill (LOMR-F), unless such
new structure or addition complies with the following:
1. RESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities (including ductwork),
must be elevated to one foot above the Base Flood Elevation that existed prior to
the placement of fill.
2. NONRESIDENTIAL CONSTRUCTION
The lowest floor (including basement), electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities (including ductwork),
must be elevated to one foot above the Base Flood Elevation that existed prior to
the placement of fill, or together with attendant utility and sanitary facilities be
designed so that the structure or addition is watertight to at least one foot above
the base flood level that existed prior to the placement of fill with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads of effects of buoyancy.
17.28.220 STANDARDS FOR SUBDIVISION PROPOSALS
1. All subdivision proposals including the placement of manufactured home parks
and subdivisions shall be reasonably safe from flooding. If a subdivision or
other development proposal is in a flood-prone area, the proposal shall
minimize flood damage.
2. All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet Floodplain Development
Permit requirements of 17.28.050; 17.28.130; and the provisions of 17.28.170 –
17.28.230 of this ordinance.
3. Base Flood Elevation data shall be generated for subdivision proposals and
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other proposed development including the placement of manufactured home
parks and subdivisions which is greater than 50 lots or 5 acres, whichever is
lesser, if not otherwise provided pursuant to 17.28.040 or 17.28.120 of this
ordinance.
4. All subdivision proposals including the placement of manufactured home
parks and subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
5. All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate
flood damage.
17.28.230 STANDARDS FOR CRITICAL FACILITIES
A Critical Facility is a structure or related infrastructure, but not the land on which it is
situated, as specified in Rule 6 of the Rules and Regulations for Regulatory
Floodplains in Colorado, that if flooded may result in significant hazards to public
health and safety or interrupt essential services and operations for the community at
any time before, during and after a flood.
1. CLASSIFICATION OF CRITICAL FACITILIES
It is the responsibility of the Board of Trustees to identify and confirm that
specific structures in their community meet the following criteria:
Critical Facilities are classified under the following categories: (a) Essential
Services; (b) Hazardous Materials; (c) At-risk Populations; and (d) Vital to
Restoring Normal Services.
a. Essential services facilities include public safety, emergency response,
emergency medical, designated emergency shelters, communications,
public utility plant facilities, and transportation lifelines.
These facilities consist of:
i. Public safety (police stations, fire and rescue stations, emergency
vehicle and equipment storage, and, emergency operation
centers);
ii. Emergency medical (hospitals, ambulance service centers, urgent
care centers
having emergency treatment functions, and non-ambulatory
surgical structures but excluding clinics, doctors offices, and non-
urgent care medical structures that do not provide these functions);
iii. Designated emergency shelters;
iv. Communications (main hubs for telephone, broadcasting
equipment for cable systems, satellite dish systems, cellular
systems, television, radio, and other
emergency warning systems, but excluding towers, poles, lines,
cables, and
50
conduits);
v. Public utility plant facilities for generation and distribution (hubs,
treatment plants, substations and pumping stations for water,
power and gas, but not
including towers, poles, power lines, buried pipelines,
transmission lines, distribution lines, and service lines); and
vi. Air Transportation lifelines (airports (municipal and larger),
helicopter pads and structures serving emergency functions, and
associated infrastructure (aviation control towers, air traffic control
centers, and emergency equipment
aircraft hangars).
Specific exemptions to this category include wastewater treatment plants
(WWTP), non-potable water treatment and distribution systems, and
hydroelectric power generating plants and related appurtenances.
Public utility plant facilities may be exempted if it can be demonstrated to
the satisfaction of the Board of Trustees that the facility is an element of a
redundant system for which service will not be interrupted during a flood.
At a minimum, it shall be demonstrated that redundant facilities are
available (either owned by the same utility or available through an
intergovernmental agreement or other contract) and connected, the
alternative facilities are either located outside of the 100-year floodplain
or are compliant with the provisions of this section, and an operations
plan is in effect that states how redundant systems will provide service to
the affected area in the event of a flood. Evidence of ongoing redundancy
shall be provided to the Board of Trustees on an as-needed basis upon
request.
b. Hazardous materials facilities include facilities that produce or store
highly volatile, flammable, explosive, toxic and/or water-reactive
materials.
These facilities may include:
i. Chemical and pharmaceutical plants (chemical plant,
pharmaceutical manufacturing);
ii. Laboratories containing highly volatile, flammable, explosive,
toxic and/or water-reactive materials;
iii. Refineries;
iv. Hazardous waste storage and disposal sites; and
v. Above ground gasoline or propane storage or sales centers.
Facilities shall be determined to be Critical Facilities if they produce or
store materials in excess of threshold limits. If the owner of a facility is
required by the Occupational Safety and Health Administration (OSHA)
to keep a Material Safety Data Sheet (MSDS) on file for any chemicals
stored or used in the work place, AND the chemical(s) is stored in
quantities equal to or greater than the Threshold Planning Quantity
51
(TPQ) for that chemical, then that facility shall be considered to be a
Critical Facility. The TPQ for these chemicals is: either 500 pounds or
the TPQ listed (whichever is lower) for the 356 chemicals listed under
40 C.F.R. § 302 (2010), also known as Extremely Hazardous
Substances (EHS); or 10,000 pounds for any other chemical. This
threshold is consistent with the requirements for reportable chemicals
established by the Colorado Department of Health and Environment.
OSHA requirements for MSDS can be found in 29 C.F.R. § 1910
(2010). The Environmental Protection Agency (EPA) regulation
“Designation, Reportable Quantities, and Notification,” 40 C.F.R. § 302
(2010) and OSHA regulation “Occupational Safety and Health
Standards,” 29 C.F.R. § 1910 (2010) are incorporated herein by
reference and include the regulations in existence at the time of the
promulgation this ordinance, but exclude later amendments to or
editions of the regulations
Specific exemptions to this category include:
i. Finished consumer products within retail centers and households
containing hazardous materials intended for household use, and
agricultural products intended for agricultural use.
ii. Buildings and other structures containing hazardous materials
for which it can be demonstrated to the satisfaction of the local
authority having
jurisdiction by hazard assessment and certification by a qualified
professional (as determined by the local jurisdiction having land use
authority) that a release of the subject hazardous material does not
pose a major threat to the public.
iii. Pharmaceutical sales, use, storage, and distribution centers that do
not
manufacture pharmaceutical products.
These exemptions shall not apply to buildings or other structures that also
function as Critical Facilities under another category outlined in this section.
c. At-risk population facilities include medical care, congregate care, and
schools.
These facilities consist of:
i. Elder care (nursing homes);
ii. Congregate care serving 12 or more individuals (day care
and assisted living);
iii. Public and private schools (pre-schools, K-12 schools), before-
school and after-school care serving 12 or more children);
d. Facilities vital to restoring normal services including government
operations.
52
These facilities consist of:
i. Essential government operations (public records, courts,
jails, building permitting and inspection services,
community administration and management,
maintenance and equipment centers);
ii. Essential structures for public colleges and universities
(dormitories, offices, and classrooms only).
These facilities may be exempted if it is demonstrated to the Board of
Trustees that the facility is an element of a redundant system for which
service will not be interrupted during a flood. At a minimum, it shall be
demonstrated that redundant facilities are available (either owned by the
same entity or available through an intergovernmental agreement or other
contract), the alternative facilities are either located outside of the 100-
year floodplain or are compliant with this ordinance, and an operations
plan is in effect that states how redundant facilities will provide service to
the affected area in the event of a flood. Evidence of ongoing redundancy
shall be provided to the Board of Trustees on an as-needed basis upon
request.
2. PROTECTION FOR CRITICAL FACILITIES
All new and substantially improved Critical Facilities and new additions to Critical
Facilities located within the Special Flood Hazard Area shall be regulated to a
higher standard than structures not determined to be Critical Facilities. For the
purposes of this ordinance, protection shall include one of the following:
a. Location outside the Special Flood Hazard Area; or
b. Elevation of the lowest floor or floodproofing of the structure, together with
attendant utility and sanitary facilities, to at least two feet above the Base
Flood Elevation.
3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES
New Critical Facilities shall, when practicable as determined by the Board of
Trustees, have continuous non-inundated access (ingress and egress for
evacuation and emergency services) during a100-year flood event.
53
CERTIFICATION
It is hereby found and declared by Town of Estes Park that
flooding has occurred in the past within its jurisdiction and will certainly occur within the
future; that flooding is likely to result in infliction of serious personal injury or death, and is
likely to result in substantial injury or destruction of property within its jurisdiction; in order
to effectively comply with minimum standards for coverage under the National Flood
Insurance Program; and in order to effectively remedy the situation described herein, it is
necessary that this ordinance become effective immediately.
Therefore, an emergency is hereby declared to exist, and this ordinance, being
necessary for the immediate preservation of the public peace, health and safety, shall
be in full force and effect from and after its passage and approval.
APPROVED;
(community
official)
PASSED
:
(date)
I, the undersigned, , do hereby certify that the above
is a true and correct copy of an ordinance duly adopted by the
(community name)
at a regular meeting duly
convened on
_.
(date)
(Town Clerk)
(SEAL)
54
July 23, 2019
• Discussion of Building Maintenance
Code
• Electric Vehicle Charging in Town
August 13, 2019
• Semi-annual Compliance Review
with
September 10, 2019
• Downtown Estes Loop Quarterly
Update
Items Approved – Unscheduled:
• Estes Park Housing Authority
Project on Highway 7 – Part II
• Discussion with Town Prosecutor
and Municipal Judge
• Future of Human Resources
Management – HR Strategic Plan
• Distributed Energy Discussion
• ADUs and Sue Ballou
Items for Town Board Consideration:
• Discussion with the County
regarding Proposed Regional
Transportation/County Facilities
Sales Tax
Future Town Board Study Session Agenda Items
July 9, 2019
55
56
-TownClerk<townclerk@estes.org>ESTESPARFwd:PleasepassonemailtoTownTrustees1messageJackieWilliamson<jwilliamson@esles.org’Mon.Jul8,2019at2:40PMTo:TownClerkcTownClerkestes.org>IalreadysentthistotheBoardbutforgottoincludetheTownClerkforthepacket.Jackie-Forwardedmessage-——From:ThomasGootz<ldgootz@yahoo.com>Date:Mon.Jul8,2019at2:03PMSubject:PleasepassonemailtoTownTrusteesTo:JackieWilliamson<jwilliamsonestes.org>Jackie,PleasepassthisemailontotheTrusteesfortheirmeetingonTuesday.Thanks.TomGootzOurmayorandTrustees(most)seemtobetonedeafwithrespecttotheirlackofresponsibilitytothoselivinginresidentialzonesinEstesPark.EveryonenowrealizesthattheoriginalproblemoriginatesfromtheactiveparticipationofTrusteeWalkerincausinganordinancechangeintheresidentialzoninglanguagetopromotehisowninterestsregardinghiscoasterproject.Despitewhatheandhissupporter’sclaim,thiswasaclearviolationinethics.ItisalsoclearthattheroleofRandyHuntandMayorJirsaindefendingthisbackroomchangeinzoningwasintendedtoopenupallresidentialneighborhoodstounlimitedcommercialdevelopment,withnooversightorpublicinput.Thisinmymindiscriminal,andtheoppositionwillfightourcorruptTowngovernmentagainstthisobviousrapeofourrightsasresidentsofEstesPark.TheBoardofTrusteesmustrejecttherecentDevelopmentCodeamendmenttoallowopencommercialdevelopmentinresidentialzones.ResidentsinEstesParksimplydon’ttrustthecurrentgovernmenttoreviewarat’snestofcommercialproposalsby“SpecialReview.’Weallknowthatmeans“slipabunchofcrapproposedbyprivatedevelopers”whoarefriendswiththecurrentadministrationtopolluteresidentialzonesinthenameofgettingmoresalestaxdollars.IstronglyrequestthattheBoardincludeaperiodofopenpubliccommentregardingthisstealingofresidentialzoningrights,andfollowtheadviceofBobLeavittinhisrecentlettertoyouadvisingthatyoustrictlylimitwhatcommercialactivitiescanbebuiltinresidentialzones.IfyougodownapathoffollowingtheEDCandcheapcommercialdevelopersinEstesregardingopendevelopment,wewillmakeyourlifealivinghelluntilyouareallreplaced!TomGootz2855GreyFoxDriveEstesPark,CO80517JackieWilliamsonAdministrativeServicesDirector/TownCleric170MacGregorAvenueP0Box1200
IITownClerk<townclerkestes.org>!STESPARKRECINRES1messageFrankTheis<ftheisestes.org>Sun,Jul7,2019at12:49PMTo:TownClerk<TownClerkestes.org>,Trustees<trustees@estes.org>,TravisMachalek<tmachalekestes.org>,FrankLancaster<fiancaster@estes.org>,TownofEstesPark-PlanningDivision<planningestes.org>TownTrustees,Whendiscussingtheproposedcodeamendmentsregardingrecreationusesinresidentialareas,whichisonyourStudySessionagenda,pleaseconsiderthefollowing:1)TheEstesValleyPlanningCommissionheardveryadamantandunanimouspublicoppositiontoanyallowancesintheDevelopmentCodeforCommercialRecreationusesinresidentiallyzonedareas.IbelievethemajorityofthosevoiceswereactuallyresidentsoftheTown.2)Inordertocorrectlyrepresentthepeoplewhoelctedyou,theTrusteesshouldadoptapolicyof”nocommercialrecreationuseswillbeallowedinresidentially-zonedareas,andmaketheappropriatecodechanges.3)ThePlanningCommissiondidnothearanyoppositionfromtheprivatepropertiesintheEstesValleythatdonotconformwiththeproposedcodechanges.Basedonthelistcompiledbystaff,thetwonon-conformingprivatepropertiesintheTDwnofEstesPark(ElkhornLodgeandtheTramway)areincompliance,sincetheyarezonedCOwithintheTownlimits.4)TheElkhornLodge,SombreroStables,CheleyCamp,theYMCA,andtheNeedle/Thumbsiteallhavehistoricuseprescriptiverightsforthenon-conforminguses,residentialzonedareas,ontheirproperties(mainlyhorsetrails&hiking/climbing).Ashasalwaysbeenthecase,ifanon-conformingusepropertywantstochangeorexpandthenon-conforminguses,theyhavetobringtheirpropertyintocompliance(usuallyre-zone).Thereisnoreasonthatthepropertiesonthislistshouldn’tbeheldtothesamestandard.Theymayhavehistoric&culturalsignificanceintheEstesValley,buttheyareallowedtocontinuethosenon-conforminguses.Iftheychoosetochange,theyshouldcomplywithcurrentcodes.5)IftheTownTrusteesandCountyCommissionerswanttohelpnon-conformingproperties,youcouldofferthemacost-freeopportunitytore-zonetotheappropriatezoning.Thereappeartobenomorethanthreepropertiesthatwouldneedsuchhelp(theTramway,CheleyCamp,andMacGregorRanch),noneofwhichshouldhaveanyobjectiontotheirresidentiallzonedareagettingrezoned.Allothernon4ormingusesonthelistedpropertiesappeartobeprotectedbyprescriptiverights.6)Noneofthepubliclandslistedappeartobeaproblemregardingtheproposedcodeamendments.Ifyouaskthestafftomakethisacomplicatedissue,theywill.Ifyoudirectthemtolookatasimplersolution,theywill.Eitherway,thepublichasmadeitveryclearhowtheyfeel,Thisisn’tan“usvs.them”,retireesversusoldEstescommercialinterests,issue.Youcouldmakeitone,butitdoesn’tneedtobe.Thesearemypersonalandprofessionalopinions.TheydonotrepresentthepositionofthePlanningCommission.Thanksforyourconsideration,FrankTheisCMSPlanning&Development
TownClerk<townclerkestes.org>ISTESPARKToTrustees:AmusementFacilities1messageJohnPBostron<johnpbostrongmail.com>Man,Jul8.2019at4:53PMTo:townclerkestes.orgTawhomitmayconcern,Thisentireprocesswiththecoasterprojecthascausedmegreatconcern.Ihaveknowledgeoftheplans,andhavebeenapartofameetingthatshouldbemadepublic.Aftergreatdeliberation,Ihavedecidedtosharethisinformation.Ididnotwantmynamemadepublic,buthavebeeninformedthatistheonlywaymystatementswillholdanyvalidity.AttachedisanemailIwrotetomysupervisoraftera3hourmeetingwithCodyWalkerandarepresentativeofSombreroinFebruary2018.Notethattheplansfortheentireproject(allphases,eventhosethatwerenottobemadepublic)includefoodtruckcourtziplines,campgrounds,largerpavedparkinglot,andotherbuildings.Additionalconversationsthatdaymadeclearthatthefutureplansincludedanamphitheater,commercialcampgrounds,ayurt,andviewingplatform.Ifcommercialuseisallowedinresidentialparkzone,thiswillbetheresult.Thisisprobablyjustasmallpiecetothepuzzle,butifmecomingforwardmeansotherswillaswell,thenthatiswhatthepublicneedstohear,Thankyou,JohnPBostranEmails.pdf2777K
JohnPBostronFebruary3,2018at644AMHavetogetthisoffmychest.ToHowdy!IhopethatyourtripIsgoingwell.Ihavebeentryingtofinishanemailtoyouupdatingyouonallprojects.twillthisweekend.However,thisemailIhad10send.Ihaven’tsleptwelltonightbecausethishasbeenonmymindallnrght.Asyouknow,yesterdaywasthemeetingwith,Sombrero(Cody8Gregg).andmysell.Itendedupbeing3hourstong.Includingmeetingat,thentovisitbothofthesites.Thepmposedprojectincludes:theAlpineSlide,a30x30loading/unloadingbuilding,a30x30restrcomflickeustoragebuilding,driveway/mad,parkinglot,andremodelofanexistingbuildingatthestables.Inallhonesty,itaabeautifulsite.Icanunderstandwhytheychoseit.However,duringthemeeting,Cody’srealplanswererevealed.Theoverallplanconsistsofseveralphases,resultIngInadestinationoutdooradventurepark.Toeventuallyincludecamrounds,fecd•tmckcourt,ziplines,latgerparkinglot.shuttleservice,andseveralotherbuildings.Allthisontopofthealpineslide.Whichisfine,exceptthatisnotwhatisbeingpresented.TogooteCody:‘Ifcangetthsfirstpanapproved,thennotodycanstopthefutureplans.Idon’tcamwhatpeoplet’tinkI’vegottogetthismmtwinthiscurrantooard,becauseIknewiiwon’tflyafterelection,’Iusedtohavealotofrespectforhim,butatferahemeetingthatalchanged.Ifeltsl.my,arCneededashowerThatquote,andseveralolnorsmallertftgshesaidmademequestionthings.Ialsoknowaboutalloftheagreemeras,covenants,arCbeliefs01Inc‘tx,rth’enders.andthehistoryolthatarea.TheyaregoingIneruptw.thangerlIseetonsofnegativepress,lawsuits,andgossip.Inapr:vafoconversatonIhadwIh,hedoesn’tminkatwillgoIhwandgetanpmved.Heaisoseesalotofpublicpush-backantiIre.ArCthatisjustforthe“firstpnasothatwitbemadepubic.hasastellarreputation,andisthebestGCarmmd.Istronglyfeelthatbeingpanofsomethingunderhandedlikethiscouldhaveanegativempactonwhalyouhaveworkedsohardtobuild.IfIweremakir,gthedecision,thiswouldbeoneprojectthatIwouldrotwanttobeapailatIwouldrotwanttiedtoitwanttomoveforwardverylast.Fobiucry3.20’Oat93?A4e.Havetogetthisoftmychest.To:JohnPDestronHiJohn,Theinternetthatwehaveseemstobeslow,onlyhaveitinthehotel.YourcommentsareverymuchappreciatedJohn,ifyouthinkforanyreasonweshouldnotparticipatewiththisprojectthenIvalueandrespectthatposition.Thethoughtsinyouremailcausemetopauseaswell.Pleaserestweltthisweekend,StMomtramJohnPBastion