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HomeMy WebLinkAboutPACKET Estes Valley Planning Commission 2017-07-18Prepared: July 12, 2017 • Revised: STUDY SESSION AGENDA ESTES VALLEY PLANNING COMMISSION Tuesday, July 18, 2017 11:00 a.m. Room 202/203 11:00 Lunch (15) Vice-Chair Schneider 11:15 Introduction of New Commissioner — Robert Foster (10) Vice-Chair Schneider 11:25 Colorado Open Records Law (10) Town Attorney Greg White 11:35 Comprehensive Plan Discussion — (40) Housing Discussion — Rita Kurelja, Frank Lancaster, Eric Blackhurst Vice-Chair Schneider 12:15 Sign Code (30) Director Hunt 12:45 Ferguson One & Two Preliminary Townhome Subdivision Plats (10) Planner Gonzales 12:55 Keamey Minor Subdivision (10) Planner Gonzales 1:05 Single-Family Use (Response to J Phipps request) (5) Director Hunt 1:10 Household definition (Response to J Phipps request) (5) Director Hunt 1:15 EVPC meeting procedures (5 ) Vice-Chair Schneider 1:20 Adjourn Vice-Chair Schneider Informal discussion among Commissioners concerning agenda items or other Town matters may occur before this meeting at approximately 10:45 a.m. The public is welcome to attend study sessions; however, public comment will not be accepted. Times are approximate. Prepared: July 12, 2017 * Revised: AGENDA ESTES VALLEY PLANNING COMMISSION July 18, 2017 1:30 p.m. Board Room, Town Hall 1. OPEN MEETING Planning Commissioner Introductions 2. AGENDA APPROVAL 3. PUBLIC COMMENT The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 4. CONSENT AGENDA A. Approval of minutes of June 20, 2017 B. Approval of minutes of Large Vacation Home Review Special Meeting of June 30, 2017 5. FERGUSON ONE PRELIMINARY TOWNHOME SUBDIVISION PLAT; LOT 5 & A PORTION OF LOT 6, BLOCK 13, FERGUSONS SUBDIVISION; 1551 MARYS LAKE ROAD Owner : Seth Hanson Applicant: Seth Hanson Request: Create two lots and one outlot to accommodate one duplex on proposed Lots 1 & 2 Staff: Audem Gonzales 6. FERGUSON TWO PRELIMINARY TOWNHOME SUBDIVISION PLAT; LOT 8 & A PORTION OF LOT 7, BLOCK 13, FERGUSONS SUBDIVISION; 1573 MARYS LAKE ROAD Owner : Seth Hanson Applicant: Seth Hanson Request: Create two lots and one outlot to accommodate one duplex on proposed Lots 1 & 2 Staff: Audem Gonzales 7 KEARNEY MINOR SUBDIVISION; METES & BOUNDS PARCEL; 1360 BROOK DRIVE Owner : Keamey & Sons Excavating, Inc. Applicant: Keamey & Sons Excavating, Inc. do Mike Kearney Request: Create two lots of record from one existing lot Staff: Audem Gonzales 8. AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE REGARDING OUTDOOR FOOD VENDORS Staff request to continue to August meeting. 9. ELECTION OF OFFICERS A. To complete term(s) expiring December, 2018. Continued on next page The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. 10. REPORTS A. Staff-Level Reviews 1. Seals Boundary Line Adjustment — Approved 7/13/17 B. Estes Valley Board of Adjustment 1. Peak Residence Variance — Approved 7/11/17 B. Estes Park Town Board 1. Raven Rock Annexation — Approved June 27, 2017 2. EVDC Amendments - Approved June 27, 2017 C. Larimer County Board of County Commissioners 1. EVDC Amendments - Approved July 10, 2017 D. Community Development Update 1. Vacation Home Update 2. Downtown Plan Update E. Other 11. ADJOURN The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. RECORD OF PROCEEDINGS Estes Valley Planning Commission June 20, 2017 Board Room, Estes Park Town Hall Commission: Chair Michael Moon, Vice-Chair Russ Schneider, Commissioners Betty Hull, Doug Klink, Steve Murphree, Sharry White, Bob Leavitt Attending: Chair Moon, Commissioners Schneider, Hull, Klink, Murphree, White, and Leavitt Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales, Planner Carrie McCool, Planner Robin Becker, Town Board Liaison Ron Norris, and Recording Secretary Karen Thompson Absent: None Chair Moon called the meeting to order at 1:000 p.m. He explained the purpose of the Planning Commission. There were five people in attendance. 1. APPROVAL OF AGENDA It was moved and seconded (Hull/Klink) to approve the agenda, and the motion passed unanimously. 2. PUBLIC COMMENT John Phipps/town resident asked for clarification on a portion of the Special Review process. He commented that all National Parks are becoming overcrowded. One of the National Parks is requiring reservations for parking spaces. He requested a definition of single-family use be added or restored to the Estes Valley Development Code (EVDC) at the next regular meeting. He also requested EVDC Chapter 11.4 be discussed at the July study session to clarify which zone districts are involved. 3. CONSENT AGENDA Approval of minutes, May 16, 2017 Planning Commission meeting. It was moved and seconded (Klink/Schneider) to approve the consent agenda as presented and the motion passed 7-0. 4. ESTES PARK RESORT Planner Gonzales reviewed the staff report. The request is for the construction of 32 detached accommodations units and a private recreational facility directly west of the existing Estes Park Resort, 1700 Big Thompson Avenue. The application includes a Development Plan and Preliminary Townhome Subdivision Plat. The Planning Commission is the decision-making body for the Development Plan and the recommending-body for the Preliminary Townhome Subdivision Plat. The pavilion is proposed to be built on the same lot as the existing Estes Park Resort lot. 1 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 20, 2017 Board Room, Estes Park Town Hall Planner Gonzales stated the review criteria included: landscaping, wetlands, public trails/sidewalks, water, sewer, fire protection, wildlife study, stormwater, traffic and parking, access, private recreational facility, and comprehensive plan. Staff is recommending a sidewalk easement for access to the Estes Lake Trail. The applicant has not provided the requested easement. Staff does not recommend approval of the reconfiguration of Lot 33, which includes a "spite strip" less than 10-feet wide along the southwest edge of the property. A required fire access lane will require an easement on the property to the north. Staff also recommends drainage easements, because stormwater culverts cross the property lines. The parking requirement is in compliance with the EVDC; however, a Development Agreement between Lot 33 and the remaining townhome lots is requested to address the shared parking situation. A 2,600 square foot private recreational facility (pavilion) is proposed, using a shared fire access area. A Development Agreement will be required to address this situation. Planner Gonzales stated this planning area shall generally consist of low-density residential classifications with some commercial and accommodation uses. The application was routed to affected agencies and a legal notice was published in the local newspaper. Notices were mailed to adjacent property owners. Staff findings can be reviewed in the staff report. Staff recommends approval, with Conditions of Approval listed below. Staff and Commission Discussion There was brief discussion about the traffic entering Highway 34. Planner Gonzales stated neither CDOT nor the Public Works Department required any changes to the current traffic patterns. Parking lot lighting will remain the same. Public Comment Patrick Sullivan/owner of Estes Park Resort stated the intent of the strip is to protect, preserve, and enhance the value of the property. Intent is not to deny access to trails; there is access through the shared driveway with the marina, and also through the hotel. There will be buffers along the north and west for noise. They have worked with the neighbors for the last couple of years to create a workable solution for noise, trash, access, etc. They have had issues with the public parking in the Estes Park Resort lot in order to bypass the marina parking, which has a fee. They would like to keep the strip in order to help preserve the wetlands. Any access trail needs to be ADA accessible, which would be compliant if going through the hotel property. The HOA declarations for the 32 units will include an agreement for the townhome owners to access the Estes Lake Trail across the narrow strip. There was extensive discussion regarding access to the lake trail. Any fencing would need to be wildlife habitat compliant. 2 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 20, 2017 Board Room, Estes Park Town Hall Mike Todd/project engineer stated there are compliant detention ponds on the property, some of which will be relocated. The transfer of impervious coverage will be addressed in the Development Agreement. Public comment closed. Staff and Commission Discussion There were concerns about the reconfiguration of the lot, specifically the narrow strip. Mr. Sullivan stated it was in the hotel's best interest to keep that strip free of development. Director Hunt stated a strip such as this is bad subdivision practice and staff recommends not allowing the proposed lot configuration. Town Attorney White stated the applicant owns both lots, and has full control of the area in question. Conditions of Approval 1. Reconfiguration of Lot 33 to remove "spite strip". 2. Establishing emergency access easement across the adjacent property to the north and referencing it on the Final Townhome Subdivision Plat. 3. Establishing all necessary off-site easements for public utilities and referencing them on the Final Townhome Subdivision Plat. 4. Remove parking spaces in front of the fire lane/loading area for Private Recreational Facility and stripe as "no parking". Install fire lane sign/no parking. 5. Establish drainage easements on Final Plat for 18-inch pipe crossing multiple property lines. 6. Development Agreement shall be provided with submittal of Final Townhome Subdivision application for review and approval. 7. List of Development Agreement items such as Development Rights Transfers shall be listed on the Final Plat map. 8. Include Lot 1 in access easement across Lot 33. 9. Provide reception number of existing 60-foot access easement to existing lots from Highway 34. It was moved and seconded (Klink/Schneider) to recommend approval to Town Board for the Estes Park Resort Preliminary Townhome Subdivision Plat according to findings of fact and conclusions of law, with findings and conditions recommended by staff, and the motion passed 6-1 with Commissioner Hull voting against the motion. It was moved and seconded (Klink/Hull) to approve Development Plan 2017-05 according to findings of fact and conclusions of law, with findings and conditions recommended by staff, provided that all conditions on the Development Plan shall be met 120 days from the approval date, or the Development Plan approval is null and void and the motion passed unanimously. 3 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 20, 2017 Board Room, Estes Park Town Hall Commissioner Hull stated for the record that she voted incorrectly on the Preliminary Townhome Subdivision Plat, and her vote should have been in favor of the recommendation, which included a condition of approval to reconfigure Lot 33 to remove the strip of land on the southwest side. 5. AMENDMENT TO ESTES VALLEY DEVELOPMENT CODE REGARDING THE PREFERRED PLANT LIST Director Hunt reviewed the staff report. The goal of the proposed amendment is to (1) change the regulatory framework for the Preferred Planting List in the EVDC; and (2) provide for updates to the List itself. One primary change to the Preferred Planting List is the removal of Ash trees in order to not encourage the Emerald Ash Borer to move through the area. If the list were not imbedded in the EVDC, the proposed amendment would still provide for the list, but allow for needed updates without an amendment to the code. The Parks Advisory Board reviewed the amendment and the list, making some valuable recommendations that were included in the documents. There was brief discussion regarding non-native, appropriate, or native plants. Commissioner Schneider recommended substituting 'appropriate' with 'non-native'. There were additional comments regarding other landscaping requirements listed in the EVDC. Director Hunt stated a future amendment will address landscaping in general, including but not limited to xeriscaping options and additional flexibility. Commissioner White suggested putting xeriscaping near the top of the amendment. Public Comment None. It was moved and seconded (Klink/Schneider) to recommend approval to the Town Board of Trustees and the Larimer County Board of county Commissioners the text amendment to the Estes Valley Development Code as presented in Exhibit A, as modified, finding that the amendment is in accord with the Comprehensive Plan and with Section 3.3 of the Development Code and the motion passed unanimously. 6. REPORTS A. Director Hunt reported on the amendments to the Town Board and County Commission. Amendments for Special Review modifications, Non-Commercial Uses in Parks, changing the text 'single-family use' to 'single-family structure', and revising the formula to measure building height were approved by both the Town Board and Board of County Commissioners. The text amendment regarding building design in the RM zone district was disapproved by the Town Board, so the County Commissioners did not review that proposed amendment. The Town Trustees continued the proposed text amendment for building height in the RM zone district to the June 27, 2017 meeting; therefore, the County Commission hearing on the same item will be continued to July 10, 2017. Revisions are due to the Town Clerk on Thursday, June 22, and Director Hunt stated he would forward the new draft to the Planning Commissioners. The new draft will take EVDC Chapter 11 4 RECORD OF PROCEEDINGS Estes Valley Planning Commission June 20, 2017 Board Room, Estes Park Town Hall materials and split it into subsections for RM zone district, where developers will have to choose between workforce or attainable housing. With this amendment, there would be no mixing and matching types of units in the same project. There were comments by the Planning Commissioners regarding the federal bureaucracy regarding housing (grant qualification), and frustration expressed about the amount of time the Commissioners spend on researching and making decisions in the best interest of the community, only to have their recommendations overturned by the Town Board. After further discussion regarding funding, unintended consequences, workforce housing focus, etc. Chair Moon encouraged Planning Commissioners to attend the June 27, 2017 Town Board meeting. B. Director Hunt reported a variance for impervious coverage was approved for the proposed Safeway expansion. The staging area for the new construction is between the existing building and the Stanley Hotel. Parking lot lighting will be addressed in the building permit process. C. Director Hunt reported the cap on vacation homes in residential zone districts has not been reached, as there are still approximately 75 openings. There will be some additional amendments needed to the code to address a gap regarding "condo-tels" and how they are registered and licensed. The next Large Vacation Home Review meeting will be held June 30th at 1 p.m. D. Director Hunt reported the Town Board will receive an update on the Downtown Plan at the June 27, 2017 study session, beginning at 5:15 at Town Hall. There being no further business, Chair Moon adjourned the meeting at 3:24 p.m. Michael Moon, Chair Karen Thompson, Recording Secretary 5 RECORD OF PROCEEDINGS Estes Valley Planning Commission — Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hall Commission: Attending: Also Attending: Absent: Vice-Chair Russ Schneider, Commissioners Betty Hull, Steve Murphree, Sherry White, Bob Leavitt, two vacant positions Vice-Chair Russ Schneider, Commissioners Betty Hull, Steve Murphree, Sharry White, Bob Leavitt Community Development Director Randy Hunt, Code Compliance Officer Linda Hardin, Acting Recording Secretary Audem Gonzales Recording Secretary Karen Thompson Vice-Chair Schneider called the meeting to order at 1:00 p.m. He explained the purpose of the Planning Commission. 1. APPROVAL OF AGENDA Director Hunt requested two minor changes to the Consent Agenda: Item 3.F. 1670 Fish Creek Road, occupancy request should be 18; Item 3.K. 1380 Devils Gulch Road needs to be added to the agenda. Director Hunt requested the agenda items of properties located in the Windcliff area be grouped together, as their geographical location creates similar criteria for the large vacation home reviews. Therefore, item #6, 3441 Jungfrau Trail will be moved to the end of the agenda. There was no vote on the agenda approval; however, there was no opposition. 2. CONSENT AGENDA A. Commissioner Hull requested the newly added Item 3.K., 1380 Devils Gulch Road, be moved from the Consent Agenda to an Action Item. B. The following addresses meet the requirements to be placed on the consent agenda: 1. 450 Lakefront Street, Millicent Cozzie, Owner — Proposed Occupancy —16 2. 850 Concord Lane, William & Lucia Liley, Owners — Proposed Occupancy — 12 3. 2031 Mall Road, Gordon Pedersen, Owner — Proposed Occupancy — 10 4. 3255 Tunnel Road; J Dan Heard & Patrick Drew, Owners — Proposed Occupancy 14 5. 1670 Fish Creek Road, W.D. Moschel, Owner — Proposed Occupancy 18 6. 1680 Fish Creek Road, W.D. Moschel, Owner — Proposed Occupancy — 12 7. 1560 Flower Lane; W.D. Moschel, Owner Proposed Occupancy — 12 8. 325 Park View Lane, Joseph Salasek, Owner — Proposed Occupancy 10 9. 1321 Devils Gulch Road, Richard Hentzell, Owner — Proposed Occupancy - 12 It was moved and seconded (Murphree/Hull) to approve the consent agenda as modified and the motion passed 5-0 with two vacancies. 1 RECORD OF PROCEEDINGS Estes Valley Planning Commission - Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hail 3. 953 RAMS HORN ROAD; GARY PEAK, OWNER; PROPOSED OCCUPANCY —12 Code Compliance Officer (CCO) Linda Hardin stated the lot size of this property is less than the required one acre. The north setback is 26 feet, which is less than the 50 feet required for a LVHR. Public Comment None. It was moved and seconded (White/Hull) to recommend approval of the Large Vacation Home application for 953 Rams Horn Road as presented and the motion passed 5-0 with two vacancies. 4. 1533 LOWER BROADVIEW; ROBERTA JANE LIVINGSTON, OWNER; PROPOSED OCCUPANCY —12 CCO Linda Hardin stated this is an existing vacation home. The south setback is a little short of the required 50 feet; however, there is fencing along that side of the property. There is over 100 feet between this home and the adjacent home. This vacation home is across the street from an A- Accommodations zone district. Public Comment None. It was moved and seconded (Leavitt/Murphree) to recommend approval of the Large Vacation Home application for 1533 Lower Broadview as presented and the motion passed 5-0 with two vacancies. 5. 1295 SIXTH GREEN LANE; PAMELA CANNELL, OWNER; PROPOSED OCCUPANCY —1.8 CCO Linda Hardin stated this is an existing vacation home that was recently sold. The home meets all the setback requirements; however, the lot size is less than one acre. The owners also own the adjacent vacant lot, which creates an area well over the one-acre requirement. The current owners have no plans to sell nor develop the vacant lot. It was purchased to create a larger buffer from the neighbors. There are no concerns or complaints regarding this vacation home. Public Comment None. It was moved and seconded (Murphree/Hull) to recommend approval of the Large Vacation Home application for 1295 Sixth Green Lane as presented and the motion passed 5-0 with two vacancies. 6. 898 FISH CREEK ROAD; CHRIS PEDERSEN, OWNER; ROPOSED OCCUPANCY -12 2 RECORD OF PROCEEDINGS Estes Valley Planning Commission — Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hall CCO Hardin stated this is the historic home of Lord Dunraven. The current owners purchased the property in the 1970s, and have hosted guests for many years. The lot size complies with the one acre requirement. The north setback is less than 25 feet, due to a road being built on the north side of the property many years ago. There is more than 150 feet between this home and the adjacent home. Public Comment None. It was moved and seconded (White/Leavitt) to recommend approval of the Large Vacation Home application for 898 Fish Creek Road as presented and the motion passed 5-0 with two vacancies. 7. 1399 CEDAR LANE; KRIS & DAVID TROXTELL; OWNERS; PROPOSED OCCUPANCY -12 CCO Hardin stated this property does not meet the one acre minimum lot size, at 0.78 acre. There are various neighborhood buffers for this property, including but not limited to an elevation change that creates screening and the 18-hole golf course abuts one side. Outside guests are not allowed on the property at any given time. No complaints have been received. Public Comment None. It was moved and seconded (Murphree/Leavitt) to recommend approval of the Large Vacation Home application for 1399 Cedar Lane as presented and the motion passed 5-0 with two vacancies. 8. 1486 CREEKSIDE COURT; KRIS & DAVID TROXTELL, OWNERS; PROPOSED OCCUPANCY -12 CCO Hardin stated this vacation home is next door to another owned by the applicant. The two properties face each other. Owners do not accept outside visitors. Public Comment None. It was moved and seconded (White/Leavitt) to recommend approval of the Large Vacation Home application for 1486 Creekside Court as presented and the motion passed 5-0 with two vacancies. 9. 921 OLD RANGER DRIVE; MICK SCARPELLA, OWNER; PROPOSED OCCUPANCY —12 CCO Hardin stated this property has been operating as a vacation home for many years. The owners are conscientious as to who they rent to. The lot size is less than one acre, and the west side setback is approximately 20 feet, where 25 feet is required. Home is buffered by trees and 3 RECORD OF PROCEEDINGS Estes Valley Planning Commission — Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hall rock outcroppings. No complaints have been received by neighbors. One adjacent property owner provided a letter of support for Mr. Scarpella. Public Comment None. It was moved and seconded (Murphree/Hull) to recommend approval of the Large Vacation Home application for 921 Old Ranger Drive as presented and the motion passed 5-0 with two vacancies. 10.490 FALL RIVER LANE; MARK & ANN PERRY, OWNERS; PROPOSED OCCUPANCY —10 CCO Hardin stated this property does not meet the setback requirements or the one acre minimum lot size; however, it has been operating as a vacation home for years. The current owners have complied with all building codes related to approved sleeping spaces, The Perry's recently sold the property, and the vacation home registration will be transferred to the new owner. The property is surrounded by Accommodations and Multi-Family zone districts, and has an adjacent vacation rental. There were several comments received from neighbors who were concerned about density and too many vacation homes in the area. Public Comment None. It was moved and seconded (Leavitt/Murphree) to recommend approval of the Large Vacation Home application for 490 Fall River Lane as presented and the motion passed 5-0 with two vacancies. 11.411 BIG HORN DRIVE; PAUL & ELLEN ROMIG, OWNERS; PROPOSED OCCUPANCY -10 CCO Hardin stated this property does not meet the one acre minimum lot size requirements. The location of the property is adjacent to a major corridor at the corner of Big Horn Drive and Wonderview Avenue. The property to the rear of this lot is currently vacant. There are a significant number of trees buffering the site. No comments or violations have been received. Public Comment None. It was moved and seconded (White/Leavitt) to recommend approval of the Large Vacation Home application for 411 Big Horn Drive as presented and the motion passed 5-0 with two vacancies. 12.250 DAVIS STREET; JAMES GUNLICKS, OWNER; PROPOSED OCCUPANCY —15 4 RECORD OF PROCEEDINGS Estes Valley Planning Commission — Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hall CCO Hardin stated this property is a historic home that has been operating as a legal non- conforming bed and breakfast for many years. The property owners own and live in the house across the street, and are operating the subject property as a vacation home. There were two letters of support from adjacent property owners. The home does not meet the one acre lot size requirements, and the west setback is 16 feet, where 25 feet is required. Public Comment None. It was moved and seconded (Hull/White) to recommend approval of the Large Vacation Home application for 250 Davis Street as presented and the motion passed 5-0 with two vacancies. 13.851 PEAK VIEW DRIVE; CRAIG & SUSAN WILDRICK, OWNERS; PROPOSED OCCUPANCY-10 CCO Hardin stated this property does not meet the one acre minimum lot size; however, it backs up to land owned by the Bureau of Land Management, which will not be developed. The nearest adjacent home is more than 100 feet away. The setbacks comply with the 25-foot requirements. There is fencing and several mature trees that create a buffer. Public Comment None. It was moved and seconded (Murphree/Leavitt) to recommend approval of the Large Vacation Home application for 851 Peak View Drive as presented and the motion passed 5-0 with two vacancies. 14.3441 JUNGFRAU TRAIL; BENJAMIN & JENNIFER FURMANIAK,OWNERS; PROPOSED OCCUPANCY 10 CCO Hardin stated this home is located in the Windcliff Subdivision, and there are many vacation homes in this subdivision. Because of the nature of the topography, many lots are less than one acre in size. Windcliff HOA has their own property manager for their vacation rentals, and Ms. Hardin has never received any complaints from any homes in Windcliff. This particular property is less than one acre, and the setbacks of 25-feet are not met. Public Comment Rich Chiappe, property manager for Windcliff Vacation Homes stated most of the vacation homes in Windcliff are managed by his company. Windcliff is a unique subdivision as far as vacation homes is concerned. It was moved and seconded (Murphree/White) to recommend approval of the Large Vacation Home application for 3441 Jungfrau Trail as presented and the motion passed 5-0 with two vacancies. 5 RECORD OF PROCEEDINGS Estes Valley Planning Commission — Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hall 15. 1471 JUNGFRAU TRAIL; RYAN & SHERRI SMITHBURG, OWNERS; PROPOSED OCCUPANCY —12 CCO Hardin stated this property does not meet the setback requirements or the one acre minimum lot size; however, it is surrounded on three sides by vacation homes and also has extensive buffering. It is located in the Windcliff subdivision. Public Comment None. It was moved and seconded (Leavitt/White) to recommend approval of the Large Vacation Home application for 1471 Jungfrau Trail as presented and the motion passed 5-0 with two vacancies. 16. 3101 EIGER TRAIL; RONALD AND STACIA STOKER, OWNERS; PROPOSED OCCUPANCY —12 CCO Hardin stated this property does not meet the setback requirements or the one acre minimum lot size. The lot has many trees and elevation changes. One side of the property borders HOA property, which will not be developed, and other property lines border vacant lots. There is currently no negative neighbor impact. Public Comment None. It was moved and seconded (White/Leavitt) to recommend approval of the Large Vacation Home application for 3101 Eiger Trail as presented and the motion passed 5-0 with two vacancies. 17.3225 EIGER TRAIL; MICHAEL & JOAN FOSTER, OWNERS; PROPOSED OCCUPANCY 12 CCO Hardin stated this property does not meet the setback requirements or the one acre minimum lot size. The property is located in Windcliff subdivision, and has significant elevation changes, vegetation, adjacent vacant lots, and little neighbor impact. Public Comment None. It was moved and seconded (Leavitt/White) to recommend approval of the Large Vacation Home application for 3225 Eiger Trail as presented and the motion passed 5-0 with two vacancies. 18. 1380 DEVILS GULCH ROAD; TYLER SHERMAN, OWNER; PROPOSED OCCUPANCY — 28 CCO Hardin stated this item was removed from the consent agenda to an action item. The owners have three adjacent lots; the vacation home is located on a 10-acre parcel, a 3-acre parcel abuts 6 RECORD OF PROCEEDINGS Estes Valley Planning Commission - Special Large Vacation Home Meeting June 30, 2017 Board Room, Estes Park Town Hall the east side, and a 16-acre parcel lies to the south. The home sits north of a rock outcropping. Ms. Hardin has received two reports of issues at the property, which were addressed with the property owner and corrected. One was for fireworks, which was addressed by the Sheriff. She stated the code has provisions for two guests per bedroom, plus two. There is no maximum occupancy number in the EVDC. This property has multiple dwellings on the property, all with approved bedrooms. Staff and Commission Discussion Comments revolved around the occupancy of 28, and when a single-family dwelling becomes a lodge. CCO Hardin stated the Town recently adopted amendments to the building code regarding large vacation homes. Public Comment Tyler Sherman/owner stated the property contains one large home and five cabins. He is currently rebuilding one of the cabins that needed to be demolished due to damage. In the process, they increased the footprint and number of bedrooms, and added a new septic system. His plan is to use the property for corporate retreats. It will not be marketed on VRBO or Air B&B. Public Comment None. It was moved and seconded (Leavitt/Murphree) to recommend approval of the Large Vacation Home application for 1380 Devils Gulch Road as presented and the motion passed 5-0 with two vacancies. 19. REPORTS Director Hunt stated there are approximately five large vacation home applications in the review process at this time. There was a general consensus from the Commission to include these applications on a regular Planning Commission meeting agenda rather than holding another special meeting. There being no further business, Chair Moon adjourned the meeting at 1:43 p.m. Russ Schneider, Vice-Chair Karen Thompson, Recording Secretary 7 EMS (Ord. XX ) Chapter 17.66 Signs Chapter 17.66.010 Title. This Chapter shall be known and cited as the "Town of Estes Park Sign Code." Chapter 17. 66.020 Intent and Purpose The intent and purpose of Section (XX) is to: 1. Encourage the effective use of signs as a means of communication in the Town; 2. Enhance economic development opportunities for the community; 3. Provide for a safe and efficient transportation network; 4. Ensure that pedestrians, motorists, travelers, and other citizens are protected from damage or injury caused or attributable to the distractions and obstructions which are caused by improperly situated signs; S. Minimize the adverse effect of signs on nearby public and private property; 6. Preserve Estes Park area's natural scenic beauty; and 7. Improve the aesthetic appearance of Estes Park. The Town intends to provide areasonable balance between the right of an individual to identify its business, or convey its message, and the right of the public to be protected front' the visual discord that results from unrestricted proliferation and uncoordinated placement of signs. This Chapter is not intended to and shall not regulate: (a) building design, exclusive of sign regulatory elements; or (b) the content and message of signs. (Section 17.66.030)Definitions 8. For the purposes of this Sign Ordinance (Section XX), the following words and terms shall have the meanings set forth in this Definitions subsection. Words and phrases not defined in this subsection but defined in Chapter (XX) of this Section shall be given such meanings. Other words and phrases shall be given Their common, ordinary meaning, unless the context clearly requires otherwise. 9. "Abandoned sign" means a sign that no longer identifies or advertises a bona fide business, service, or product. An abandoned sign is not defined as a nonconforming sign. 10. "Aggregate sign area" See "Sign display area" 11. "Animated sign" means any sign that uses movement or change of lighting to depict action or create a special effect. An animated sign is not defined as a changeable copy sign for purposes of this Section. Figure XX: Canopy Sign 12. "Area, sign" See "Sign display area" 13. "Banner" means any wall sign made of fabric, plastic, or other non-rigid material with no enclosing framework. A banner is deemed to be a type of temporary sign. 14. "Beacon" means any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. 15. "Billboard" means an off-premise sign on a permanent structure on which the copy may be periodically changed, typically designed for viewing from interstate or primary arterial corridors. An off-premise sign on a permanent structure with sign display area of two hundred (200) square feet or more is deemed to be a billboard for purposes of this Chapter. 16. "Building marker" means any sign indicating the name of a building and date and incidental information about its construction, which sign is an integral part of a masonry surface or made of bronze or other permanent material. 17. "Building frontage, street" means the width of a building parallel to the street frontage. In a shopping center or mall where buildings do not have direct access or frontage on a street, the building frontage is defined as the width of the building parallel to the public parking lot frontage. 18. "Canopy sign" means any sign that is a part of or attached to an awning, canopy, marquee or other fabric, plastic, or structural protective cover over a door, entrance, window, sidewalk or outdoor service area. 19. "Changeable copy sign" means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign, either manually through the use of attachable letters or panels, or electronically using incandescent bulbs, liquid crystal displays (LCDs), light emitting diodes LEDs), or similar technologies. An off- premise sign on which the message changes more than seventy-two (72) times in any given twenty-four (24) hour day is defined as an animated sign and not a changeable copy sign for purposes of this Chapter. 20. "Commercial message" means any sign wording, logo, or other representation that names, advertises, or calls attention to a business, product, service, or other commercial activity. 21. "Commemorative sign" means a sign, tablet, cornerstone or plaque less than ten (10) square feet memorializing a person, event, structure or landmark. 22. "Construction sign" means a temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors, and other information regarding the building or structure. Figure XX: Festoon 23. "Directional sign" See "Off-premise directional sign" or "On-premise directional sign" 24. "Electronic message center (EMC)" means a sign which meets the definition herein of either an "On-premise Electronic Message Center (EMC)" or an "Off-premise Electronic Message Center (EMC)". 25. "Electronic message center (EMC), monochrome" means a sign which meets the definition herein of either an "On-premise Electronic Message Center (EMC)" or an "Off-premise Electronic Message Center (EMC) and displays only one color within any given eight (8) second period of time, excluding black and white. 26. "Electronic message center (EMC), multicolor" means a sign which meets the definition herein of either an "On-premise Electronic Message Center (EMC)" or an "Off-premise Electronic Message Center (EMC) and displays more than one color at any given time, excluding black and white. 27. "Festoon" means a string of ribbons, tinsel, pennants, or pinwheels. 28. "Flag" means any fabric or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity, or displaying a noncommercial message. 29. "Freestanding sign" means any sign supported by structures or supports that are placed in, or anchor'ed in, the grouhd and that are independent from any building or other structure. Freestanding signs as defined herein are deemed to include monument signs apcl pole signs. 30. "Fuel price sign" means an on-premise sign, located on property whose primary use is retail dispensing of fuel and fuel products, and that displays any or.all of the following elements: (a) the name or logo of the business on which premises the fuel dispensing activity occurs; (b) the per-unit price(s) of fuel(s) to be dispensed on the premises. 31. "Governmental Sign" means a sign installed by a unit of federal, state or local governMent whose purpose and function is control of traffic or other regulatory purposes, including street signs, detour signs, danger signs, railroad crossing signs, and temporary or permanent signs erected by or on the order of a public officer in the performance of his public duty. This term is deemed to include signs of public service entities whose purpose and function is control of traffic or other regulatory purposes, including hazard or danger warning signs and similar aids to service safety. 32. "Height, sign" See "Sign height" 33. "Holiday decorations" means noncommercial signs, graphics, or other materials that are temporarily displayed during the generally accepted season of traditionally accepted civic, patriotic, cultural, and/or religious holidays. 34. "Incidental sign" means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," Figure XX: Off-premise Directional Sign "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position beyond the boundary of the lot on which the sign is located is deemed to be incidental. A sign that meets the definition of an on-premise directional sign is not defined as an incidental sign. CrCVS1PtAa, cingutar Figure XX: Multi-tenant Monument sign 36. "Multi-tenant complex" means a lot that contains multiple business entities contiguous to a common parking lot. 37. "Neon-style sign" means a sign that utilizes electrically charged neon or other inert gas contained within a vacuum tube to generate light. "Neon-style sign" may also mean a sign that uses other technology to mimic or reproduce the visual appearance of gas-containing tubes, such as LED light source(s) within flexible light-diffusing tubes. The sign message is created by bending and forming the tubes into lettering and/or iconic graphical shapes. 38. "Nonconforming sign" means any sign that was lawfully established prior to the effective date of this Chapter or a subsequent amendment thereto, but does not conform to the requirements of this Chapter. 39. "Off-premise sign" means a stationary sign that advertises or displays commercial information about a commercial or business establishment, good, facility, service or product that is not sold, conducted or offered on the premises on which the sign is located. An off-premise sign is deemed to not include a sign that meets the definition of an J.: • off-premise directional sign. 40. "Off-premise directional sign" means a sign that is not located upon the premises of the activity to which it refers that directs the movement or placement of pedestrian or vehicular traffic. To be classified as an off- premise directional sign, the subject sign shall display only a business name or logo and directional information. 41. "Off-premise electronic message center (EMC)" means a changeable copy or animated sign that utilizes a computer or other electronic controlled means to change and control the message displayed, and that 35. "Monument sign (low profile sign)" means a freestanding sign that is composed of a solid base structure between finished grade and the topmost point of the sign structure, such that the base length at grade equals seventy percent (70%) or more of the maximum sign length, measured parallel to the widest horizontal dimension of the sign face(s). advertises or displays commercial information about any commercial or business establishment, good, facility, set-vice or product that is not sold, conducted or offered on the premises on which the sign is located. An off-premise EMC may use incandescent lamp, LCD, LED or other illuminated display technologies. An off-premise EMC whose copy changes more than seventy-two (72) times in any given twenty-four (24) hour day is Figure XX: Pole-style signs defined as a type of animated sign; Figure XX: On-premise Directional any other EMC is defined as a type of Sign changeable copy sign. An off-premise EMC that also meets the definition of a billboard as defined herein is deemed to be a type of billboard for purposes of this Chapter. 42. "On-premise sign" means a sign that is located upon the lot, property, or premises of the activity to which it refers. To be classified as an on-premise directional sign, the subject sign shall display only a business name or logo and directional information. 43. "On-premise directional sign" means a sign located upon the lot, property, or premises of the activity to which it refers that directs the movement or placement of pedestrian or vehicular traffic. 44. "On-premise electronic message center (EMC) " means a changeable copy or animated sign that utilizes a computer or other electronic controlled means to change and control the message displayed, and that is located on the same lot or premises to which all sign messages refer. An on-premise EMC may use incandescent lamp, LCD, LED or other illuminated display technologies. An on-premise EMC whose copy changes more than seven and one-half (7.5) times in any given minute is defined as a type of animated sign; any other on- premise EMC is defined as a type of changeable copy sign. 45. "Pennant" means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. 46. "Pole (pole-style) sign" means a freestanding sign that is supported by one (1) or more columns, uprights, poles or braces extended from the ground or from an object on the ground. 47. "Political sign" means a sign advertising a candidate for political office or a measure scheduled for election. 48. "Portable sign" means any sign not permanently attached to the ground or other permanent structure and designed to be transported, including, but not limited to, signs designed to be transported by means of wheels or signs converted to A- or T-frames. For purposes of this Chapter, a portable sign shall be classified as either: (a) a temporary sign; or (b) a vehicle sign, as applicable. 49. "Principal building" means the building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses are not deemed to be principal buildings. 50. "Principal street frontage" for properties with frontage on more than one public street, the property owner at his discretion shall designate the principal street frontage to be either: (a)lhe street with the longest frontage, or (b) the street with the highest functional use. Figure XX: Projecting sign Figure XX: Roof sign _ Figure J XX: Roof Integral Sign, Figure XX: Wall sign display area. The hatched area represents the sign display area. A7 M Figure XX: Monument Sign display area. The hatched area represents the sign display area. 51. "Projecting sign" means any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve (12) inches beyond the surface of such building or wall. 52. "Revolving sign" means a sign that has the ability to turn at least 180 degrees. All or a portion of the revolving sign shall be capable of revolving at a steady or variable speed. 53. "Roof sign" means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof, or any sign painted on the roof of a building. 54. "Sandwich board sign" means a portable self- supporting sign with one or more faces, typically designed with an A-frame (i.e., upside-down "V") or similar shape. 55. "Setback" means the distance from the property line to the nearest part of the sign, measured perpendicularly to the property line or right-of-way. 56. "Sign, signage" means any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the puipose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public. The term "signage" is deemed to be identical to the term "sign", whether singular, plural, or collective. A graphic display whose purpose and function is purely decorative or artistic in character, that is recognizable as such to a typical observer, and that is not intended to convey a particular message, is not deemed .to be a sign for purposes of this Chapter. 57. "Sign display area (individual) " means the area of a sign face (which is also the sign display area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence Figure XX: Suspended Sign or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself. 58. "Sign display area (multi-faced)" means the sign display area for a sign with more than one face shall be computed by adding together all individual sign display areas visible from any one point. When two identical sign faces are placed parallel (back-to-back), so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than twelve (12) inches apart, the sign display area shat( be computed by the measurement of the individual sign display area on one face. 59. "Sign height" means the height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign structure. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction; or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. 60. "Suspended sign" means a sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. 61. "Temporary sign" means any sign that is used only temporarily and is not permanently mounted. Temporary signs shall be classified as either: (a) Special-Event Temporary Signs, (b) Supplemental Temporary Signs, or (c) Portable Signs. 62. "Temporary sign (special-event temporary sign)" means any temporary sign that is displayed in association with a town approved event of limited duration that is of special importance to the greater Estes Park community. For purposes of thisChapter, temporary signage for a special event whose duration is two (2) consecutive weeks or longer shall not be classified as special-event temporary signage. 63. "Temporary sign (supplemental temporary sign)" means any temporary sign that is not classified as a special-event temporary sign. 64. "Time-temperature sign" means a sign that displays only an electronic or mechanical indication of time, temperature, or both. A time- temperature sign is deemed to be a changeable copy sign, and thus exempt for purposes of this Chapter, without respect to frequency or duration of the changeable copy message. Figure XX: Window Sign 65. Vehicle sign" means any sign which is painted on, affixed to or otherwise mounted on any vehicle or on any object which is placed on, in or attached to a vehicle that is parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day transportation operations of a business. For the purposes of this definition, the term "vehicle" is deemed to include trucks, buses, vans, railroad cars, automobiles, tractors, trailers, motor homes, and semi-tractors. 66. "Wall sign" means any sign attached parallel to, and within twelve (12) inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. 67. "Wayfinding sign" means an off-premise directional sign, located within a right-of-way or on public property, that guides the traveling public to key noncommercial civic, cultural, visitor, or recreational destinations within Estes Park. A wayfinding sign is deemed to include an off-premise directional sign guiding the traveling public to a specific neighborhood or district within the Town of Estes Park. 68. "Window sign" means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is permanently affixed inside or upon a window and is visible from the exterior of the window. (Section 17.66.040) General Provisions 69. Sign Permit Requirements The following provisions apply to all signs: a. Unless otherwise provided by Figure XX: Wall Sign this chapter, all signs shall require a permit. b. If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected, or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign. c. A permit shall not be required for a modification to an existing sign that changes only the message •=r content thereof and does not alter or affect the sign structure in any other way. Examples of such changes that do not require a permit include, but are not limited tol Repainting faded lettering or graphics; replacing visibly worn materials in the sign display area, such as plastic lettering; or changing the sign copy to reflect a change in a business's name or identity. d. A permit shall not be required for changing the message content of an Electronic Message Center (EMC), provided that all requirements of Section XX (Electronic Message Center [EMC] Signs) are met. 70. Exempt Signs The following signs shall be exempt from regulation under this chapter. a. Barber poles (whether revolving or stationary); b. Building markers, plaques, or cornerstones; c. Time-temperature signs that do not exceed thirty- two (32) square feet in sign display area; 4. Commemorative signs; e. Construction signs that do not exceed thirty-two (32) square feet in sign display area and seven (7) feet in sign height; F. Display of street addresses or numbers; g. Flags of any governmental unit (nation, state, etc.), or flags with a noncommercial message; h. Fuel price signs, provided the copy area devoted to displaying fuel pricing is 32 square feet or less per each price displayed, and provided that any fuel price sign that also meets the definition of an on-premise electronic message center (EMC) conforms to this Chapter's regulations governing same; 1. Governmental signs for control of traffic and other regulatory purposes, including street signs, detour signs, danger signs, and railroad crossing signs; j. Signs of public service companies indicating danger or aids to service safety, erected by or on the order of a public officer in the performance of his public duty; k. Holiday decorations; I. Neon-style signs that do not display a commercial message; m. Neon-style signs displaying a commercial message, provided that such sign: (i) is eight (8) square feet or less, (ii) is located and displayed interior to a building, such as behind window glass, and (iii) complies with the frequency, duration, and operational standards for on-premise EMCs (Sec. XX; Sec. XX); n. Incidental signs; o. Gravestones or grave markers; p. Nameplates in residential districts; q. Pennants and festoons; r. Political signs that do not exceed thirty-two (32) square feet in sign display area and seven feet (7) in sign height, provided they are not located in any public right-of-way, (Ord. XX) s. Product dispensers and point of purchase displays; t. Signs 9n property being offered for sale or lease, provided that the sign: (i) is an on-premise sign; (ii) does not exceed the following sign display area measurements: nine (9) square feet for residentially zoned property, or thirty two (32) square feet for non-residentially zoned property; and (iii) is not artificially illuminated; u. Traffic control signs, whether on public or private property (e.g., parking-lot stop signs), provided they conform to the standards of the Manual of Uniform Traffic Control Devices (MUTCD), and provided they do not contain any commercial message or logo; v. Vehicle signs on properly licensed vehicles used to transport persons or property. w. Signs not visible from a public right-of-way; x. Temporary window signs; Messages and graphics transmitted and displayed via television that are primarily intended for interior view within a building, and only incidentally visible from outside; z. Window signs that cumulatively constitute less than twenty five percent (25%) of the window area; aa. Signs that are held or carried by person(s) at all times when visible from a public right-of-way. 71-Prohibited Signs a. Abandoned signs that are not removed within the specified 180-day inactivity period, per Sec. XX of this Title; b. Beacon signs and displays; c. Revolving signs; d. Off-premise signs, except off-premise directional signs e. Roof signs. f. Signs located in or above the public right-of-way, whether temporary or permanent, except governmental, wayfinding signs and projecting and suspended signs pursuant to subsection XX; g. Portable signs except vehicle signs as defined in SectionXX h. Billboard signs 72. Temporary Signs Temporary signs containing a commercial message or erected to advertise a commercial entity shall be allowed under the provisions of this Section. Such signs shall be classified as either: a. Special-Event Temporary Signs; or b. Supplemental Temporary Signs. The following regulations shall apply to each temporary sign so classified: c. Special-Event Temporary Signs Special-Event Temporary Signs shall not require sign permits when a Town of Estes Park Special-event permit is issued. A Special-Event Sign Plan must be submitted with the special-event permit application. Special-Event Temporary Signage shall be installed no earlier than one hundred and twenty (120) hours [i.e., five (5) days] before the commencement of the special event, and shall be removed no later than forty eight (48) hours after the special event's cessation. d. Supplemental Temporary Signs Supplemental Temporary Signs shall require sign permits. Any Supplemental Temporary Sign shall remain in place for a period not to exceed thirty (30) ,consecutive days. A maximum of four (4) Supplemental Temporary Sign permits shall be allowed per applicant, per calendar year. 73. Historical or Culturally Significant Signs Signs that have historical or cultural significance to the Town but do not conform to the provisions of this Chapter may be permitted by the Estes Park Board of Trustees, provided that the following regulations and procedures are followed: a. Application for Historical or Culturally Significant Sign is completed and submitted. b. The Board of Trustees holds a public hearing on the application. c. The Town Board of Trustees may approves the request, adopting findings supporting historical or cultural significance of the sign, and directs the Community Development Department to issue a Historical or Culturally Significant Sign permit. Criteria to determine a finding of historical or cultural significance include, but are not limited to: nostalgic significance; character, design, or materials that represent a particular historical period; landmark recognition; and character or design that are recognizably important to one or more cultures. Signs that are hand-painted directly on the surface of a building and include artistic work, in addition to a commercial message, may be eligible for a finding of cultural significance. Historic or cultural nature of the signage may be significant to society generally or in the context of the Estes Park community particularly. 74. Installation, Maintenance All signs shall comply with all applicable code provisions as adopted by the Town, in addition to the requirements of this Chapter. The Community Development Department shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated. 75. Illumination (Except Electronic Message Center signs) Illumination of a sign (except Electronic Message Center signs) shall be regulated as specified in this Section XX and in Section XX (Lighting), whichever is more restrictive. Illumination of signage shall be allowed, with the following provisions: a. No flashing lights, or rotating or revolving beams, shall be used; b. All direct light shall be directed toward the sign and away from any residential areas and public rights-of-way; c. All lamps or luminance-generating fixtures for external, reflected illumination of signs shall be shielded such that the lamp or luminance- generating fixture is not directly visible from any residential property, from any public right-of-way, or from any point higher than the uppermost point of the subject sign; d. Sign illumination shall generally be designed and directed such that the illuminated area lies at or below the horizontal plane corresponding to the topmost point of the sign structure, and any illumination of the area above the sign's topmost point shall be minimal and incidental; and e. Any illumination that is provided by artificial light shall be constant in direction, intensity, and color. F. Signs shall not have exposed incandescent lamps exceeding fifteen (15) watts per bulb. Signs shall not have exposed neon or fluorescent lamps exceeding four hundred (400) lumens per foot. 76. On-Premise Directional Signs Figure XX: Subdivision ID signs An on-premise directional sign shall contain no message(s) other than business name or logo and directional information. 77. Noncommercial Signage Signs containing noncommercial speech or messages shall be permitted anywhere that commercial, business or advertising signs are permitted under this Chapter, subject to the same regulations applicable to such signs. Section (XX)District Specific Standards 78. Residential Zoning Districts a. Subdivision Identification Signs For residential subdivisions consisting of more than four (4) residential units, one (1) monument subdivision sign per development entrance shall be permitted. Each sign shall not exceed twenty-four (24) square feet in sign display area and shall not exceed five (5) feet in sign height. The sign shall be set back at least five (5) feet from any property line, unless designed and constructed as part of an entranceway architectural feature, such as a gate, decorative wall, archway, or similar element. b. Non Single-Family Use Residential identification Signs For properties used for multi-family residential buildings or townhouse structures, one.(1) monument or wall sign per street frontage shall be permitted. Each sign shall not exceed twenty- four (24) square feet in sign display area. The monument sign shall not exceed five (5) feet in sign height and shall be set back at least five (5) feet from both the front and side property lines. (ii) For properties used for multi-family residential buildings or townhouse structures that have more than one street frontage, a two-faced monument sign oriented so as to be visible from either right-of-way (such as a diagonal sign on a corner lot) shall be allowed in accordance with the standards in the preceding subsection and other requirements of this Chapter, and provided it meets the "sign display area (multi-faced)" definition herein. c. Signs Associated with Non-Residential Uses in Residential Zoning Districts (i) For properties used for any use other than residential uses, no signs shall be permitted except those reviewed and approved through the Temporary Use or Special Review process. d. Home Occupation Signs Approved home occupations shall be permitted a maximum of one wall sign that shall not exceed four (4) square feet in sign display area. Such sign shall not be located in any required setback area. e. Sign Illumination Non-single-family use residential identification signs, if illuminated, shall be illuminated only from the exterior, subject to subsection XX. Single-family use identification signs and home-occupation signs shall not be illuminated, except for such illumination as may result from generai-purpose household exterior lighting (e.g., porch lights). f. Animated Signs, Electronic Message Centers Animated signs and Electronic Message Centers shall not be permitted in these zoning districts, except that Electronic Message Center signage may be reviewed and approved as specifically provided for through the Temporary Use or Special Review process; provided such signage complies with Sec. XX of this Title, and provided such signage shall not exceed sixteen (16) square feet in aggregate sign area. g. Freestanding Signs Freestanding signs shall not be permitted in these zoning districts. 79. Non Residential Zoning Districts a. Total Sign Display Area per Lot or Business: Frontage on a Single Street Total sign display area for each lot, or for an individual business in the case of multi-tenant lots, with frontage on only one (1) public street shall not exceed two hundred fifty (250) square feet aggregate sign display area per lot or individual business. Aggregate total shall include sign display area of all signs for which a permit is required under this Section, including any legally nonconforming signs, and including any off-premise directional signs on other properties that refer to the subject property or business. b. Total Sign Display Area per Lot or Business: Frontage on Two or More Streets. For lots with more than one (1) public street frontage, the principal street frontage.as defined herein shall be allocated two hundred fifty (250) square feet of aggregate sign display area, and each additional street 'frontage shall be allocated one hundred twenty five (125) square feet Of sign display area. Signage shall be oriented to and primarily visible from the respective street to which the sign display area is allocated. Aggregate total shall include sign display area of all signs for which a permit is required under this Section, including any legally nonconforming signs. c. Freestanding Signs Freestanding Signs - Generally One freestanding sign shall be permitted per property, irrespective of the number of Individual businesses or tenants on said property. For purposes of this subsection, the term "property" shall refer to a single functional developmental site with common circulation and parking, irrespective of the number of recorded lots, parcels, deeds, or similar instruments comprising said property. The freestanding sign shall not exceed one hundred and twenty (120) square feet in sign display area, shall have a minimum setback of five (5) feet, and a maximum sign height of twenty five (25) feet. (i) Exception: Monument Signs on Lots with Two or More Street Frontages For properties with more than one (1) public street frontage, the principal street frontage as defined herein shall be allocated one (1) freestanding sign with size, height and setback standards as specified in the preceding subsection. In addition, one (1) monument sign per each additional : r-- street frontage shall be allowed. Each such additional monument sign shall not exceed forty five 4 (45) square feet in sign display area, shall have a 114F minimum setback of five (5) Figure XX: Two sided monument feet, and a maximum sign sign on corner lot equally visible height of twelve (12) feet. from both streets. (ii) Exception: Freestanding Signs on Corner Lots A property with a corner location (i.e., with frontage at the point of intersection of two (2) public streets) may elect to combine its front and side street sign allocation into a single corner sign with a total of one hundred and eighty (180) square feet of sign display area, measured in accordance with the "sign display area (multi-faced)" definition herein, provided that the sign: (1) is a two-faced sign, oriented diagonally so as to be equally visible from both streets; (2) is set back at least five (5) feet from the nearest right-of-way; and (3) does not obstruct the Clear Vision Area as defined in subsection XX of this Title. d. Projecting and Suspended Signs (i) Projecting or Suspended Signs One (1) projecting or suspended sign per business or building tenant shall be permitted. Projecting or suspended signs shall not exceed eight (8) square feet in sign display area nor extend more than four (4) feet from the building. Projecting or suspended signs shall provide a minimum clearance from grade of eight (8) vertical feet. (ii) Right-of-Way Encroachment Any projecting or suspended sign shall be allowed within any public right-of-way, only when a right of way permit is issued. e. On-premise Directional Signs The total number of on-premise direction signs per lot or business shall not be limited, and shall not be counted toward the total sign display area allocation. Any individual on-premise directional sign shall not exceed six (6) square feet of sign display area or seven (7) feet in sign height. f. Off-premise Directional Signs (i) Number: One (1) off-premise directional signs shall be permitted per lot (or per business, in the case of multi-tenant lots) to which the off-premise directional sign refers, provided that consent of the property owner on which the sign(s) are located is obtained. (ii) Size and Type: Each off-premise directional sign shall not exceed twenty-four (24) square feet in sign display area and shall not exceed sixteen (16) feet in sign height. 80. DC (Commercial Downtown) Zoning District Signage in the commercial Downtown (DC) District shall be permitted as specified in Section XX , The Estes Park Downtown Plan 81. On-Premise Electronic Message Centers (EMCs): Number and Type of Signs Permitted Notwithstanding any other provision of this Chapter, the following limitations shall apply to on-premise EMCs: a. No more than one (1) on-premise EMC sign shall be allowed per property or parcel on which the sign is located. This limitation shall apply without regard to the number of businesses or tenants occupying the property or the property's number of street frontages. This limitation shall not prevent the installation of both an EMC and fuel price digits on the same property or frontage for service stations. b. No on-premise EMC shall be installed or used as: (i) A temporary sign; (ii) A portable sign; (iii) A projecting sign; (iv) A suspended sign. 82. On-Premise Electronic Message Centers (EMCs): Frequency and Duration of Individual Displays a. A on-premise EMC sign shall have a frame hold time of no less than eight (8) seconds per static graphic display, and the total number of transitions from one frame to another shall not exceed seven and one half (7.5) in any given one-minute period. 83. Illumination Standards for All Electronic Message Centers (EMCs) The following illumination standards shall apply to all EMCs: a. No Electronic Message Center sign installed after [effective date of Ordinance] shall be permitted to operate unless it is equipped with: (i) A default mechanism that will freeze the sign display in one position as a static message if a malfunction occurs; and (ii)A mechanism that will automatically adjust the illuminative brightness of the display according to ambient light conditions by means of a light detector/photocell. b. No Electronic Message Center sign installed after [effective date of Ordinance] shall exceed 0.3 foot candles above ambient light, as measured using a foot candle (Lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one-hundred. Example using a 12 square foot sign: Measurement Distance = 'N/(12 Sq. Ft. x 100) = 34.6 feet. Conformity with these illumination levels may be established by submittal of a manufacturer's certification that the sign is incapable of exceeding the stated limits, subject to approval of the Department. 84. Operational Standards for All Electronic Message Centers (EMCs) The following operational standards shall apply to all EMCs: a. Entrance and exit effects may be used to transition from one static display to another, provided said entrance effects result in all of the text within the frame appearing at once. Fading and dissolve transition effects may be used, provided the fade or dissolve effect results in all of the text within the frame appearing at once. Entrance and exit effects where all of the text within the frame does not appear at once are prohibited (including, but not limited to, scrolling from left to right, scrolling from top to bottom, and entrance effects referred to as slot machine, slots, splice, mesh, radar, kaleidoscope and spin). b. Except for the transition effects permitted herein, each frame shall remain static with no additional frame or hold effects applied to text within the frame (including, but not limited to, the fading or flashing on any part of the message and hold effects referred to as flash, spin, twinkle, wavy and rumble). c. The use of background animation shall be prohibited. d. The use of streaming video or full-motion video on any EMC sign shall be prohibited. Administration and Enforcement 85. Department a. The Community Development Department shall be designated by the Town Administrator and is authorized to process and approve or disapprove applications for permits, and to enforce and carry out all provisions of this Chapter. The Community Development Department is authorized to promulgate regulations and procedures consistent with this function. b. The Community Development Department is empowered, upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the Town for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and Ordinances. Such inspections shall be carried out during business hours unless the Community Development Department in its discretion finds that an emergency exists. 86. Application for Permits a. Application for a sign permit shall be made to the Community Development Department upon a form provided by the Department, and shall provide all information. b. All applications for permits filed with the Department shall be accompanied by a payment of the sign permit fee, in the amount specified. c. The Department shall approve and issue a permit for the erection, structural alteration, or relocation of a sign within fourteen (14) days of receipt of a valid application, provided the sign complies with the provisions of this Chapter and with all applicable laws and regulations of the Town. d. All required building permits, including electrical permits, shall be duly applied for and obtained prior to installation of the subject sign, per Town and other code requirements. Issuance of a sign permit is not intended to and shall not serve as a substitute for any other required permit. 87. Issuance and Denial a. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail. b. When a permit is denied, the Department shall within seven (7) days of the denial, provide a written notice to the applicant along with a brief statement of findings and reasons for the denial, citing code sections and interpretation of applicable nonconformity. c. The Department may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. d. The Department's decision on any sign permit may be appealed to the Town's Board of Adjustment, as provided by the Estes Park Municipal Code. 88. Appeals, variances, and miner modifications a) Appeals. The owner of any sign who believes a decision, ruling or order of• the Building Inspector is factually or legally contrary to the provisions of this Chapter may appeal the same to the Estes Valley Board of Adjustment. The appeal shall be in writing and filed with the Community Development Department. The appeal shall be filed within ten (10) days from the date of the decision, ruling or order of the Building Inspector. The written appeal shall specify the decision, ruling or order of the guilding Inspector being appealed. The Estes Valley Board of Adjustment shall have no jurisdiction or hear any appeal not filed within ten (10) days from the date of the decision, ruling or order. (b) Variances. The owner of any sign may request a variance from the requirements of this Chapter. The request for variance shall be in writing and filed with the Community Development Department. The variance request shall specify the provisions of this Chapter to which the variance is being requested. There shall be no variance for maximum sign area on a lot or building. In granting any variance, the Estes Valley Board of Adjustment shall find that all of the following conditions exist: (1) There are special circumstances or conditions, such as the existence of buildings, topography, vegetation, sign structures or other matters on adjacent lots or within the adjacent public right-of-way, which would substantially restrict the effectiveness of the sign in question; provided, however, that such special circumstances or conditions must be particular to the particular business or enterprise to which the applicant desires to draw attention and do not apply generally to all businesses or enterprises. (2) The variance is in general harmony with the purposes of this Chapter and specifically is not injurious to the neighborhood in which the business or enterprise is located. (3) The variance is the minimum one necessary to permit the applicant to reasonably draw attention to the business or enterprise. (c) Conditions. The Estes Valley Board of Adjustment may grant an appeal or variance subject to any condition it deems necessary to make the granted appeal or variance compatible with the purpose of this Chapter. (d) Procedure. The Estes Valley Board of Adjustment shall adopt procedures for the review of appeals and variances pursuant to this Section. The procedures shall be subject to approval by the Board of Trustees. (e) Prohibited signs. The Estes Valley Board of Adjustment shall not grant an appeal or a variance which allows any prohibited signs specified in Section 1746.060 of this Chapter. (f) Staff authority to grant minor modifications. Staff may grant minor modifications up to a maximum of ten percent (10%) from the following general sign standards, provided that the staff finds that such modification advances the goals and purposes of this Code and results in reduction of visual clutter results in more effective signage, or relieves practical difficulties on the site: (1) Setback requirements; (2) Specific sign size restrictions, provided that the cumulative site total remains in compliance; or (3) Other dimensional and temporal standards contained herein. (Ord. 24-10 §1, 2010; Ord. 14-14 §1, 2014) 89. Removal of Signs a. The Department may cause the removal and impoundment of any sign not permitted under the provisions of this Chapter in cases of emergency, or for failure to comply with written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work, and the date on which it was performed and demanding payment of the costs as certified by the Department. The debt may be collected in accordance with the established debt collection procedures of the Town. The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Department, as in the case of a leased sign. b. For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign. 90. Other Enforcement, Remedies and Penalties In addition to the foregoing section providing for removal of signs, all applicable provisions as specified in Sec. XX, Remedies and Penalties, and Sec. XX, Procedures for Enforcement Actions, of this Title, shall pertain to in the case of signage compliance and violations. Ferguson Preliminary Townhome Subdivision ONE and TWO Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org EP ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: July 18, 2017, 1:30PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: Recommendation for approval for two Preliminary Townhome Subdivision Plats. Staff recommends approval of the two Preliminary Townhome Plats. PLANNING COMMISSION OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide recommendation for Approval/Denial of the Preliminary Plat applications. LOCATION: 1551 and 1573 Mary's Lake Road, within the unincorporated Estes Valley VICINITY MAP: See attachment OWNER/APPLICANT: Seth Hanson / Same as owner STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION: Present Situation: The project areas are located west of Mary's Lake Road and south of Griffith Court. The properties are zoned A-1 Accommodations. Ferguson ONE and TWO are both approximately 0.5 acres in size. Ferguson ONE is currently developed with a duplex building while Ferguson TWO has an issued building permit for the construction of a duplex building. Proposal: The proposals entail creating two townhome subdivisions. Each townhome subdivision would consist of two townhome lots and an outlot. Each subdivision will contain a duplex building with two units, with each unit being located on one townhome lot. Both subdivisions will utilize a common drive accessing Mary's Lake Road. REVIEW PROCESS: 1. Preliminary Townhome Subdivision.. §3.9.E. All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of this Code. SITE DATA TABLE: Engineer: Vanhorn Engineering & Surveying Parcel Number: 35354-00-091 and 35354-00-092 Development Area: Approx. 1 acre (0.5 for each townhome subdivision) Existing Land Use: Ferguson ONE (existing duplex) and Ferguson TWO (building permit for duplex) Proposed Land Use: Two townhome subdivisions, each containing two townhome lots and an outlot. One duplex on each townhome subdivision. Zoning Designation: Al- Accommodations Proposed Zoning Designation: No change Adjacent Zoning: East: E-Estate North: Al-Accommodations West: A-1 Accommodations South: A-1 Accommodations Adjacent Land Uses: East: Undeveloped North: Single-Family Homes West: Single-Family Homes South: Single-Family Home Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District REVIEW CRITERIA: Generally, depending upon the complexity of the project, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. I. Landscaping. District buffering is not required for these projects. 2. Water. Four wet taps are proposed to connect into a new main extension. Currently the main runs along the east side of Mary's Lake Road. The extension will run west under the road and to a new fire hydrant. 3. Sewer. Each of the four units will tie, via private service lines, directly into the Upper Thompson Sanitation District main that runs along the west side of Mary's Lake Road. 4. Fire Protection. A new fire hydrant and water main extension are part of these applications. The proposed hydrant meets the required 250-foot maximum distance from the hydrants to the frontage of the new structures and desired limits for "hose wrapping and fire access". Estes Valley Planning Commission, July 18, 2017 Page 2 of 5 1. Ferguson Townhome ONE and TWO Preliminary Plats The driveway has been designed to provide adequate spacing for the largest fire apparatus. Maximum grades do no exceed the required 12%. 5. Right-Of-Way Dedication. 20-foot ROW is required to be dedicated on each townhome subdivision plat. The applicant has provided the appropriate dedication on both preliminary plats. The dedications do not affect the allowed densities of each subdivision. 6. Stormwater. The projects have been granted a waiver to providing a drainage plan and grading plan due to the fact that there are existing buildings/approved building permits. The two properties drain south to north. Minimal grading is currently utilized to direct flow around the duplexes. No concentrated flow exists currently on-site except for along Mary's Lake Road in a roadside ditch. The projects propose to keep the existing drainage for the properties as sheet flow with minimal grading to direct water around the buildings. 7. Traffic and Parking. No traffic impact study was required with these projects. 8. Access. Both townhome subdivisions are proposed to share a driveway access from Mary's Lake Road. The County Engineering Department has waived the paving standard for the 100-foot shared portion of the drive. The applicant is proposing to gravel the driveways. A draft Road Maintenance Agreement has been submitted for the shared driveway. 9. Building Envelopes. Building envelopes are required with townhome subdivisions. The applicant provided the appropriate envelope locations. 10. Comprehensive Plan. The Comprehensive Plan designates the two townhome subdivision areas as the "Giant Track Special Study Area". There is no information in the Plan about this study area and Staff cannot find external information about this "study area". REVIEWING AGENCY COMMENTS: This application has been submitted to reviewing agency staff for consideration and comment. No major comments/concerns have been received. PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 500-foot radius. As of July 11, 2017, no written public comments have been received for this application package. All written comments are posted to www.estes.org/currentapplications. g Estes Valley Planning Commission, July 18, 2017 Page 3 of 5 Ferguson Town home ONE and TWO Preliminary Plats STAFF FINDINGS: Based on the foregoing, staff finds: 1. The Preliminary Townhome Subdivisions comply with applicable standards set forth in the EVDC. 2. The Preliminary Townhome Subdivisions comply with the goals and policies set forth in the Comprehensive Plan, 3. The Planning Commission is the Recommending Body for the Preliminary Townhome Subdivisions. 4. Adequate public facilities are available to serve the proposed projects. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were identified, aside from those identified here in. RECOMMENDATION: Staff recommends APPROVAL of the proposed Preliminary Townhome Subdivisions with no conditions. SAMPLE MOTION FOR FERGUSON ONE PRELIMINARY TOWNHOME PLAT: 1. I move to recommend APPROVAL of the "Ferguson ONE Preliminary Townhome Subdivision" according to findings of fact, including findings recommended by Staff. 2. I move to recommend APPROVAL the "Ferguson ONE Preliminary Townhome Subdivision" according to findings of fact, including findings and conditions recommended by Staff. 3. I move to CONTINUE the "Ferguson ONE Preliminary Townhome Subdivision" application to the next regularly scheduled meeting. 4. I move to DENY the "Ferguson ONE Preliminary Townhome Subdivision" application. SAMPLE MOTION FOR FERGUSON TWO PRELIMINARY TOWNHOME PLAT: 1. I move to recommend APPROVAL of the "Ferguson TWO Preliminary Townhome Subdivision" according to findings of fact, including findings recommended by Staff. 2. I move to recommend APPROVAL the "Ferguson TWO Preliminary Townhome Subdivision" according to findings of fact, including findings and conditions recommended by Staff. 3. I move to CONTINUE the "Ferguson TWO Preliminary Townhome Subdivision" application to the next regularly scheduled meeting. 4. I move to DENY the "Ferguson TWO Preliminary Townhome Subdivision" application. g Estes Valley Planning Commission, July 18, 2017 Page 4 of 5 Ferguson Townhome ONE and TWO Preliminary Plats Attachments: 1. Vicinity Map 2. Statements of Intent 3. Applications 4. Ferguson ONE Preliminary Townhome Subdivision Plat 5. Ferguson TWO Preliminary Townhome Subdivision Plat Complete Preliminary Townhome Subdivision plans can be found at wvvw.estes.oro/currentapplications. o Estes Valley Planning Commission, July 18, 2017 Page 5 of 5 Ferguson Townhome ONE and TWO Preliminary Plats S P RING ST G I A NT TRACK RD GR I FF I T H C T MARYS LAKE RDSTRONG AVEThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 60 120Feet 1 in = 108 ft±Town of Estes ParkCommunity Development Vicinity MapFerguson ONE & TWO(Preliminary Townhome Subdivisions) Printed: 7/11/2017Created By: Audem Gonzales Mary's Lake RoadFERGUSON TWO FERGUSON ONE Statement of Intent Ferguson One Townhome Plat June 29th 2017 RECEIVED JUNE 29, 2017 COMMUNITY DEVELOPMENT The subject property contains a total 21,859 square feet (0.50 acres total) located in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 35, Township 5 North, Range 73 West of the 6th P.M., and is currently under construction (site address: 1551 Mary's Lake Rd.). A Townhome Map is being submitted for a Minor Subdivision for a duplex. This project proposes a single duplex townhome and seeks to maintain the same zoning Accommodations (A-1). Site History: The site has been historically zoned A-1 Accommodations and has been undeveloped since its platting as Lot 5 and a portion of Lot 6, Ferguson's Subdivision. The site is surrounded by single-family residences and undeveloped lots, all within A-1 zoning. The site is accessed from the east by Mary's Lake Rd. Zoning/Easements The applicant wishes to keep the existing zoning of A-1 Accommodation, this zoning is characterized by low-intensity residential and lodging uses, including resort lodges, cabins, and condominium/townhome developments. Additional easements for both private and public utilities are to be granted with the new townhome map. Densi : This proposal includes the following units and uses: • Duplex: The duplex is on 21,859 ft2 (0.50 acres) of land. After the townhome plat 19,929 square feet remain due to the dedication of right-of-way to Lorimer County for Mary's Lake Rd. The Estes Valley Development Code (EVDC) requires 10,890 ft2 of land per unit. The total required square footage for the density is 21,780 ft2. The net land area, for the property is 19,929 ft2 (total area after access easement reduction), which allows for a total of 1.83 units which allows for two units. Structures: Existing: • 1 - duplex Phasing: Phasing for this project is a single phase: Drainage: This property historically drains from the south to the north by sheet flow. Minimal/Minor grading is currently utilized to direct flow around the duplex. No concentrated flow exists currently on the site except for along Mary's Lake Rd in a roadside ditch. The entire site drains north toward Griffith Ct. and east towards Mary's Lake Rd. Much of the area is vegetated with very little impervious surfaces. The flow is sheet flow over grassy areas. There is no observed channelized flow over the grass lined areas and the plan proposes to keep the existing drainage for this property as sheet flow with minimal grading to direct water around the proposed building. Neighborhood Compatibility: In comparing this proposal to the neighboring A-1 Accommodations uses, much of the immediate area is single family residence or long term rentals and there are several short term rentals to the east of Mary's Lake Rd. Grading: The existing site has an average slope of +1-6.0% making the driveway and drainage grades gentle. The subject site has a shared access for approximately 100 feet with Lot 8 to the south. The shared driveway access area accesses four units and thus needs to be paved up to where the driveway splits per Estes Valley Development Code. A waiver is requested for the paving. After the split the driveway and parking area will be surfaced as a gravel drive. A plan is included in the submittal showing the driveway. This proposal has taken into consideration the Estes Valley Development Code in regards to the grading and paving driveways serving 6 or more parking spaces. Landscaping: The layout of the townhomes have taken into consideration the few trees on the subject lot and has avoided removing trees unnecessarily. No new landscaping is proposed with this project submittal. Parking/Paving/Road Design: Parking consists of 4 parking spaces that will service the two units. Parking stalls are 19.5' deep and 9.0' wide. Two spaces service the southern unit with outdoor parking and two spaces service the northern unit as a 2-car garage. This shared driveway access area accesses four units and thus needs to be paved up to where the driveway splits. A waiver is requested for the paving. After the split, the driveway and parking area will be surfaced as a gravel drive. A plan is included in the submittal showing the driveway. Sewer: Each unit is serviced with a single 4" pvc service line that connects directly to Upper Thompson Sanitation District Main that runs along the west side of Mary's Lake Rd. Water: Two wet taps are to connect into a main extension (extended from water main that runs along the east side of Mary's Lake Rd.). The main extends under Mary's Lake Rd. and provides a fire hydrant on the west side of Mary's Lake Rd. All the units are serviced by 314" individual service lines tapped into this extension. Said service lines connect to the new 8" water main extension and share a trench with 2 additional service lines that service an additional townhome plat to the south of the subject property on Lot 8. The water main extension includes a fire hydrant to service the subject property. See Townhome Map for details. Electric: The Town of Estes Park Electric Department has recently installed a transformer to the south of the property and a secondary electric pedestal on the subject property. The electric lines run underground to the secondary pedestal. Fire Protection: This project has been created with the assistance of the Fire Authority in the Estes valley. There is a water main extension to extend the main waterline to the north of the proposed driveway entrance. The new hydrant meets the required 250' maximum distance from the hydrants to the frontage of the new structures and the desired limits for "hose wrapping and fire access". Units are architecturally designed to meet Fire Codes for ingress and egress. The driveway geometry is designed (with wheel tracking software) to provide assurance that the largest applicable fire response vehicles will have access to the driveway in the event of a fire. Grading on site is such that the longitudinal grade on the driveway does not exceed 12% per Fire Department guidance. County Road Dedication: This project consists of only two units, it does not trigger a full development review and therefore no additional right-of-way is expected to be dedicated. Nevertheless, twenty feet is being offered for additional right-of-way along Mary's Lake Rd. Storm Drainage: With no increase in impervious coverage for the existing detention is not proposed. The sheet flow nature of the stormflows will not be altered. A culvert is to be installed under the driveway, near Mary's Lake Rd. Road Improvements: This project consists of only two units, it does not trigger a full development plan and therefore no road improvements are proposed Wetlands: There are no mapped wetlands onsite. Hazards Area: There are no mapped geologic or wildfire hazard area onsite. Exterior Lighting: All exterior lighting will comply with the current EVDC Standard Downcast Requirements. Signage: There is currently no existing or planned signage. Variance Reouests/Waivers: This property is currently seeking approval for several variance by the Estes Valley Planners at staff level due to project sizes. Since this project is staff level and does not trigger a development plan, the owners of the property are seeking waiver for a traffic study, storm water draining plan, landscaping plan and grading plan. Additionally, due to the existing permitted units being allowed by building permit, the eaves encroach into the building setback. Since building envelopes are required for townhomes, a 10% staff level variance is requested to allow the envelopes to be 13.5' from the side lot lines instead of the typical 15' setback. Fe rgusonON ETow n home P lat-100.x Is Page 1 Owner Owner II Address City ST Zip ROBISON RALPH B/NANCY L 210 KAREN CT JONESBORO AR 72401 HANSON SETH W 2803 E HARMONY RD FORT COLLINS CO 80528 MLR ADRIAN FAMILY LLC PO BOX 3427 CAREFREE AZ 85377 JACKSON FAMILY REVOCABLE TRUST 1050 GRIFFITH CT ESTES PARK CO 80517 SWITZER JOSEPH E 1575 MARYS LAKE RD ESTES PARK CO 80517 KEEP ROBERT D MCGLOTHLEN SHANNON E PO BOX 1132 ESTES PARK CO 80517 HANSON SETH 2803 E HARMONY RD FORT COLLINS CO 80528 ELMARR LINDA L 1146 GRIFFITH C1 ESTES PARK CO 80517 ESTER TRUDY M 1070 GRIFFITH CT ESTES PARK CO 80517 HANSON SETH 2803 E HARMONY RD FORT COLLINS CO 80528 RECEIVED JUNE 29, 2017 COMMUNITY DEVELOPMENT Statement of Intent Ferguson Two Townhome Plat June 29th 2017 The subject property contains a total ± 23,459 square feet (0.54 acres total) located in a portion of the Northwest 1/4 of the Southeast 1/4 of Section 35, Township 5 North, Range 73 West of the 6th P.M., and is currently under construction (site address: 1573 Mary's Lake Rd.). A Townhome Map is being submitted for a Minor Subdivision for a duplex. This project proposes a single duplex townhome and seeks to maintain the same zoning Accommodations (A-1). Site History: The site has been historically zoned A-1 Accommodations and has been undeveloped since its platting as Lot 8 and a portion of Lot 7, Ferguson's Subdivision. The site is surrounded by single-family residences and undeveloped lots, all within A-1 zoning. The site is accessed from the east by Mary's Lake Rd. ZoningJEasements The applicant wishes to keep the existing zoning of A-1 Accommodation, this zoning is characterized by low-intensity residential and lodging uses, including resort lodges, cabins, and condominium/townhome developments. Additional easements for both private and public utilities are to be granted with the new townhome map. Densi This proposal includes the following units and uses: • Duplex: The duplex is on 23,459 ft2 (0.54 acres) of land. After the townhome plat 21,535 square feet remain due to the dedication of right-of-way to Larimer County for Mary's Lake Rd. The Estes Valley Development Code (EVDC) requires 10,890 ft2. of land per unit. The total required square footage for the density is 21,780 ft2. The net land area, for the property is 21,535 ft2 (total area after access easement reduction), which allows for a total of 1.98 units which allows for two units. Structures: Existing: • 1 - duplex Phasing: Phasing for this project is a single phase: Drainage: This property historically drains from the south to the north by sheet flow. Minimal/Minor grading is currently utilized to direct flow around the duplex. No concentrated flow exists currently on the site except for along Mary's Lake Rd in a roadside ditch. The entire site drains north toward Griffith Ct. and east towards Mary's Lake Rd. Much of the area is vegetated with very little impervious surfaces. The flow is sheet flow over grassy areas. There is no observed channelized flow over the grass lined areas and the plan proposes to keep the existing drainage for this property as sheet flow with minimal grading to direct water around the proposed building. Neighborhood Compatibility: In comparing this proposal to the neighboring A-1 Accommodations uses, much of the immediate area is single family residence or long term rentals and there are several short term rentals to the east of Mary's Lake Rd. Grading: The existing site has an average slope of -14-6.0% making the driveway and drainage grades gentle. The subject site has a shared access for approximately 100 feet with Lot 8 to the south. The shared driveway access area accesses four units and thus needs to be paved up to where the driveway splits per Estes Valley Development Code. A waiver is requested for the paving. After the split the driveway and parking area will be surfaced as a gravel drive. A plan is included in the submittal showing the driveway. This proposal has taken into consideration the Estes Valley Development Code in regards to the grading and paving driveways serving 6 or more parking spaces. Landscaping: The layout of the townhomes have taken into consideration the few trees on the subject lot and has avoided removing trees unnecessarily. No new landscaping is proposed with this project submittal. Parking/Paving/Road Design: Parking will consist of 4 new parking spaces that will service the two units. Parking stalls are 19.5' deep and 9.0' wide. One space outdoors and another space as the garage will service each unit. This shared driveway access area will access four units and thus will need to be paved up to where the driveway splits. After the split the driveway and parking area will be surfaced as a gravel drive. A plan is included in the submittal showing the proposed driveway. Sewer: Each unit is serviced with a single 4" pvc service line, through the lot to the north, that connects directly to Upper Thompson Sanitation District Main that runs along the west side of Mary's Lake Rd. Water: Two wet taps are to connect into a main extension through the lot to the north (extended from water main that runs along the east side of Mary's Lake Rd.). The main extends under Mary's Lake Rd. and provides a fire hydrant on the west side of Mary's Lake Rd. All the units are serviced by 3/4" individual service lines tapped into this extension. Said service lines connect to the new 8" water main extension and share a trench with 2 additional service lines that service an additional townhome plat to the south of the subject property on Lot 8. The water main extension includes a fire hydrant to service the subject property. See Townhome Map for details. Electric: The Town of Estes Park Electric Department has recently installed a transformer in the southerly portion of the property and a secondary electric pedestal on the property to the north. The electric lines run underground to the secondary pedestal. Fire Protection: This project has been created with the assistance of the Fire Authority in the Estes Valley. There is a water main extension to extend the main waterline to the north of the proposed driveway entrance. The new hydrant meets the required 250' maximum distance from the hydrants to the frontage of the new structures and the desired limits for "hose wrapping and fire access". Units are architecturally designed to meet Fire Codes for ingress and egress. The driveway geometry is designed (with wheel tracking software) to provide assurance that the largest applicable fire response vehicles will have access to the driveway in the event of a fire. Grading on site is such that the longitudinal grade on the driveway does not exceed 12% per Fire Department guidance. County Road Dedication: This project consists of only two units, it does not trigger a full development review and therefore no additional right-of-way is expected to be dedicated. Nevertheless, twenty feet is being offered for additional right-of-way along Mary's Lake Rd. Storm Drainage: With no increase in impervious coverage for the existing detention is not proposed. The sheet flow nature of the stormflows will not be altered. A culvert is to be installed under the driveway, near Mary's Lake Rd. Road Improvements: This project consists of only two units, it does not trigger a full development plan and therefore no road improvements are proposed Wetlands: There are no mapped wetlands onsite. Hazards Area: There are no mapped geologic or wildfire hazard area onsite. Exterior Lighting: All exterior lighting will comply with the current EVDC Standard Downcast Requirements. Signage: There is currently no existing or planned signage. Variance ReuuestsfWaivers: This property is currently seeking approval for several variance by the Estes Valley Planners at staff level due to project sizes. Since this project is staff level and does not trigger a development plan, the owners of the property are seeking waiver for a traffic study, storm water draining plan, landscaping plan and grading plan. Additionally, due to the existing permitted units being allowed by building permit, the eaves encroach into the building setback. Since building envelopes are required for townhomes, a 10% staff level variance is requested to allow the envelopes to be 13.5' from the side lot lines instead of the typical 15' setback. FergusonTWOTownhomePlat-100.xls Page 1 Owner Owner II Address City ST Zip ELMARR LINDA L 1146 GRIFFITH CT ESTES PARK CO 80517 ESTER TRUDY M 1070 GRIFFITH CT ESTES PARK CO 80517 HANSON SETH 2803 E HARMONY RD FORT COLLINS CO 80528 JACKSON FAMILY REVOCABLE TRUST 1050 GRIFFITH CT ESTES PARK CO 80517 KEEP ROBERT D/ MCGLOTHLEN SHANNON PO BOX 1132 ESTES PARK CO 80517 MLR ADRIAN FAMILY LLC PO BOX 3427 CAREFREE AZ 85377 SWITZER JOSEPH E 1575 MARYS LAKE RD ESTES PARK CO 80517 Condominium J Prelimina 3 Final Mar* 3 Supple 2017 sptiviViryakitiopho Are there wetlands on the site? r Yes Site staking must be completad at the time application is submitted. Complete? Yes r No No currentljunder construction DomSinn Envelope ID: 3DEIC2E2A-E6B4-475F-99A8-60ABF07771D0 ESTES VALLEY DEVELOPMENT REVIEW APPLICATION .Iffs* Submittal Dale: Type :or Applicatron 3 Development Plan 3 Special Review 3 Rezoning Petition 3 Preliminary Subdivision Plat 3 Final Subdivision Plat g Minor Subdivision Plat ▪ Amended Plat InlormAlion 3 Boundary Line Adjustment 3 ROW or Easement Vacation 3 Street Name Change 3 Time Extension 3 Other: Please specify Townhome Plat Project Name Project Description • roject Address Legal Description Parcel ID # S !if Inc irrnation Ferguson One Townhome Plat Single Duplex Townhome Plat 1551 Mary's Lake Rd. Lot 5 and a Portion of Lot 6 West of MLD R-O-W, Block 13, Ferguson's Subdivision 35354-00-092 Lot Size 0.5 acres Area of Disturbance in Acres Existing Land Use Undeveloped Proposed Land Use Existing Water Service Proposed Water Service Existing Sanitary Sewer Service r EPSD Proposed Sanitary Sewer Service r EPSD Is a sewer lift station required? r Yes Existing Gas Service r Xcel r Other None Existing Zoning A-1, Accommodations Proposed Zoning A-1, Accommodations Site Access (if not on public street) Mary's Lake Rd. Townhomes r Town r Well )< None ti< Town r Well r None 3 Other (specify) 3 Other (specify) UTSD • UTSD • No 3 Septic IR None 3 Septic P-friary Contocl Inforrrial!on Name of Primary Contact Person Christopher Beatty Complete Mailing Address 1043 Fish Creek Rd. Estes Park, Colorado 80517 Primary Contact Person is r Owner r Applicant g Consultant/Engineer Application fee 1K Digital Copies of plats/plans in TIFF or PDF format emailed to g Statement of intent planning@estes.org g 3 copies (folded) of plat or plan • 11" X 7" reduced copy of plat or plan Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which nay include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park d P.O. Cox 1200 i 70 MacGregor Avenue ..4% Estes Park, CO 80517 Community Development Department Phone: 19701 577-3721 -6 Fax: 19701 586-0249.. www.estes.org/CommunityDevelopment Revised 2013.08.27 KT Are there wetlands on the site? r Yes IX No Site stakina must be cornoleted at the time application is submitted, Complete? currently under construction K- Yes r No DocuSir.n Envelope ID: C18F75D7-818813-40FA-93CC-4D3F1306E9OEF I i Submittal Date: y 113 3 I r Development Plan ESTES VALLEY DEVELOPMENT REVIEW APPLICATION I— Boundary Line Adjustment Condominium, r„ r Special Review r ROW or Easement Vacation r Prelimin VaNy 7 r Rezoning Petition r Street Name Change r Final M 1 r Preliminary Subdivision Plat r Time Extension r Supple 6 it 4 r Final Subdivision Plat r Other: Please specify DEVP.1 X Minor Subdivision Plat r Amended Plat Townhome Plat General inlOrmatiOn Project Name Project Description Project Address Legal Description Parcel ID # Site. ii:fo:rti..ation Ferguson Two Townhome Plat Single Duplex Townhome Plat 1573 Mary's Lake Rd. Lot 8 and a Portion of Lot 7 West of MLD R-O-W, Block 13, Ferguson's Subdivision 35354-00-091 Lot Size 0.5 acres Area of Disturbance in Acres 3 Well X None 3 Well r None 3 EPSD 3 EPSD 3 Yes 3 Other Existing Land Use Proposed Land Use Existing Water Service r Town Proposed Water Service R Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service r Xcel Existing Zoning A-1, Accommodations Proposed Zoning A-1, Accommodations Undeveloped Townhcmes r Other (specify) r Other (specify) UTSD r Septic IX None • UTSD r Septic R No • None Site Access (if not on public street) Mary's Lake Rd. Primary Cuni:act information Name of Primary Contact Person Christopher Beatty Complete Mailing Address 1043 Fish Creek Rd. Estes Park, Colorado 80517 Primary Contact Person Is r- Owner r Applicant Consultant/Engineer Attaanten1s X Application fee 1K Digital Copies of plats/plans in TIFF or PDF format emailed to X Statement of intent planningeestes.org g 3 copies (folded) of plat or plan g 11" X 17" reduced copy of plat or plan Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park P.O. Box 1200 170 MacGregor Avenue -4, Estes Pork, CO 80517 Community Development Department Phone: (970) 577-3721 4. Fax: (9701 586-0249 www.estes.org/CommunityDevelopment Revised 2013.08.27 KT Date Date 5/17/2017 5/17/2017 or-- Doculhariad by. S ROAM& Signatures: Record Owner Applicant DocuSion Envelope ID: Cl8F751:17-888B-40FA-93CC-4D3PBO6E9OEF Record Owner(s) Seth Hanson Mailing Address 2803 E Harmony Rd. Fort Collins, CO 80528 Phone 970.310.7498 Cell Phone 970.310.7498 Fax n/a Email seth.w.hanson@gmall.com Applicant Seth Hanson Mailing Address 2803 E. Harmony Rd. Fort Collisn, CO 80528 Phone 970.310.7498 Cell Phone 970.310.7498 Fax n/a Email seth.w.hansonegmail.com Consultant/Engineer Christopher Beatty Mailing Address chrisvhe@airbits.com Phone 970$86.9388 ext. 11 Cell Phone 720.254.4346 Fax n/a Email chrisvhe@airbits.com APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at: vAm.v.estes.orci/ComDev/Schedules&Fees/PlanninciAorilicationFeeSchedule.pdf All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: Seth Hanson Applicant PLEASE PRINT: Seth Hanson Revised 2013.08.27 KT APPLICANT CERTIFICATION Ia. I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. tk• in submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). I> I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at: hito://vvww.estes.ora/ComDeviDevCode 1* I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application Is complete under the applicable requirements of the EVDC. 10 I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. 0* I understand that a resubmittal fee will be charged if my application is incomplete. I* The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I* I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access +r my property during the review of this application, OP i acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PRINT: Seth Hanson Applicant PLEASE PRINT: Seth Hanson Signatures: Record Owner Applicant e--DocuSigned by: StAt. NUILS600 4=-Ir"Veer,toc 5/17/2017 5/17/2017 Date Date DowSig!" Envelope ID: C1t11:7507-tlet113-4UFA-931.1C-4[131-6uOt euEE NOV4MCWWW. Revised 2013.08.27 KT RECEIVEDJUNE 29, 2017COMMUNITY DEVELOPMENT RECEIVEDJUNE 29, 2017COMMUNITY DEVELOPMENT July 12, 2017 To: /1/ /7/ Estes Valley Planning Commission (EVPC) /Cr) Ferguson One Townhome Plat 4/). Ferguson Two Townhome Plat r 3 • 7). „ After seeking legal counsel I have been advised to speak at this meeting and to show m30'?,;,,/ evidence against this proposal and any further building by Mr. Hanson until my concerns on drainage are addressed and acceptable to mine, my attorney and engineer's satisfaction. Mr. Hanson states in his proposal that there is no concern about the drainage that these lots have always drained to the north to Griffith Court. This is not true. I have never had any drainage from this land until Mr. Hanson changed the landscape of the property. These lots have always drained to Mary's Lake Road. My evidence for this is a picture from the flood in 2013 where it shows all water coming down and through my neighbors The Jackson's yard. Mrs. Jackson has already agreed to give testimony to this fact. It is also recorded by FEMA the amount of damage done to their house. My house had minimal damage done to my furnace ($245.00) due to the fact that there is no culvert at Griffith Ct and Mary's Lake Rd. When the waters hit Griffith Ct they came down and pooled in my front yard and Mr. Switzer's llama meadow to the North. Please see attached photos. At this time (September 2013) all the natural springs in the area came to life, there is one to the west on Griffith Ct. that ran over a year and also one on Mr. Hanson's lot where he is now building his second town home. Mr. Switzer had these lots listed for sale for years after the flood; one offer fell through due to the water content in the soil. I am sure Mr. Hanson is also aware of this. The spring is around the southwest edge of the townhomes near me to the northwest edge of the second set of townhomes. This is why I feel they have changed the landscape. The townhome closest to me has always been allowed to drain into my back yard. I started my calls from an advice of a family friend back in March. Mr. Hanson was never in his office and my calls to his contractor Mr. Kingswood were never returned. I then went to the office of EVPC and was informed that if there was a drainage plan that it would have to be submitted to Larimer County and was instructed to go to their offices here in town. When I arrived there I was informed that we are not in Larimer County's' rules we are under EVPC rules. This is not the first time I had been given the run around by both EVPC and Larimer County. They also did this to me and my neighbors on the Robison development. When construction on Mr. Hanson's second townhome started that was my last straw. As shown in the pictures, they have again landscaped and are forcing all drainage onto my property. From the very first rain storm to the video I took just last Sunday, July 9, 2017, I have had rivers of water into my yard. Last Sunday's storm has dampened the top row of the blocks of my foundation to the south. My back yard is still to this date from the continual rains a small marsh. I was forced to seek legal counsel because 1) no one can/could or would answer my drainage questions; 2) neither EVPC or Larimer County seem to know who is in charge or whose rules should be enforced. My counsel has advised that I go to this meeting to show that I am trying to protect my property from Mr. Hanson's development. I feel no action should be taken on Mr. Hanson's proposal until the drainage issue is addressed. If you feel that you need to proceed and you allow this to go to the Larimer County Commissioner's my attorney will be at that meeting to show all my evidence. She has just won another legal action in Estes Park from another developer who damaged the surrounding existing property. That developer now has to mitigate his damage after the build. It will be much cheaper for Mr. Hanson to fix his problem now before any further construction is allowed. If you decide to proceed with Mr. Hanson's proposal I am objecting to any lot separation. We are in the county, no matter that Estes Park has allowed all the overbuilding in the City limits this is not what we want in the county. Our road, Griffith Ct, is owned by people who live and work in Estes Park, with the exception being the Robison's who use their home as a second source of income from vacation rentals. The majority of Giant Track is also locally owned by working Estes Park families. It would seem from Mr. Hanson's previous developments in Estes Park he is requesting these .5 acre lots be divided so he can come back and build 2 more townhomes on his front outlots. This is not fitting with the neighborhood or county rules. Mr. Hanson knew when he purchased the lots from Mr. Switzer what he was getting. He informed Mr. Switzer at the closing that he was going to build single family homes on the lots. Then from what I heard from Mr. Kingswood EVPC informed them that they could build 2 townhomes on the .5 acre lots according to your rules. Please stick by your rules and do not divide these small county lots any further. Thank you for your time in this matter. I sincerely want this problem ended without having to take any further legal actions. Trudy Ester 1070 Griffith Ct. Estes Park, CO. 80517 4 /fpii PHOTOS IN ORDER /4 eC Pane 1) Summer before construction. Bench in my backyard looking south to Joe itzer's house fvf Sage brush meadow is Mr. Hanson's Lots that he is calling One and Two'•04Reit Page 2) From my deck looking SW before construction, Original wooden fence post instalie Mr. Switzer and metal post the Keeps (Mrs. Fenton) They have signs up now explaining to all the property and No Trespassing. Page 3) A picture of the final construction of Townhouse 1 showing the 4- 6' buildup to the property and runoff from front and back onto my yard Page 4) Flood of 2013 looking into the Jackson's yard to the east of me. Their address is 1050 Griffith Ct. right next to Mary's Lake Rd. This shows all the water coming down Mary's Lake Rd, there is no running or standing water in my yard which is the grass shown in front of the fence Page 5) Again the Flood of 2013 hitting Griffith Ct. with no culvert and coming down the road pooling in my and the Jackson's front yards Page 6) Start of construction, the build up did not seem so bad here, than again they are around 6' on my property. Please note the black tubing, Pr -.1 7) I sent this picture to Larimer County at the beginning because I though it was their foundation drainage tube. I was informed that this was for radon gas and would be put upright after construction. This tube is still on the ground facing my backyard where my dog and grandchildren play. Page 8) This is the first run-off of the dirt surrounding the foundation to the south of me. It is in my yard along with the 3 others times that they have put more dirt in replace this one. Page 9) A close up of the runoff along with the dirt from Mr. Hanson's townhome 1. My fence is on 8' post so now he is way over that amount into my yard Page 10) This is the entirety of my backyard border so you can see the depth and length of the dirt that my property has from his runoff. Page 11) Most recent when water started running into my backyard from the west, I walked up behind townhouse 1 to see what they were doing to cause this. As you can see this is the foundation for his townhouse 2 right next to Joe Switzer's home. They have scooped around this new foundation, made a dip/ditch to lower it Page 12) *I am in the exact same location as picture 11 just turned around to face my home. 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". t r:.? 4 ;,. • v.' it;',.. ' . ' . •'.." ..., • 4 fav'r •A' 4 I . . • , • • - • - • .r4e • . !;,. I t r. . ..; .',, . . 4'.. •:..'... ' 1. 4 i;.?.... • • .' '. • .' I.. 1..t'irri •- '' ' „ 4•• •.t4.111... .„. r. ..• i tj 0 • 'r ti. 1.2 . 7ill':•:,' ':. '-jl 4' ., .1r" . f` .' . • t l'.1..4J1INI14-4' ..-•;.: ' ..,.r :.1 • ,.,1 . • . f ;':.li 1 Ct, kt,. . , . ... .. v ... ' 7 : •.' I . . • iim. IV:- : .., - . • , - . . .--.. . .. _ • ef , • Ag.t .., .. , . . • • ;$.. iii. ,f ., -.4.. .. aaa 10.. 1 • , . - F. Kearney Minor Subdivision (Preliminary Plat) Estes Park Community Development Department, Planning Division Room 230, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: July 18, 2017, 1:30PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: Recommendation for approval for a Preliminary Minor Subdivision Plat. Staff recommends conditional approval of the Preliminary Minor Subdivision Plat. PLANNING COMMISSION OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; and 2. Provide recommendation for Approval/Denial of the Preliminary Plat application. LOCATION: 1360 Brook Drive, within the Town of Estes Park VICINITY MAP: See attachment OWNER/APPLICANT: Keamey and Sons Excavating, Inc. / Same as owner STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION: Present Situation: The project area is located at the southwest corner of Brook Drive and Fish Creek Road. The property is zoned I-1 Restricted Industrial. The area is approximately 8-acres in size and is developed with industrial/commercial uses. Proposal: The proposal entails creating two legal lots and one outlot. The resulting lots will be approximately 1.7 and 5.6 acres in size with the outlot being 0.07 acres in size. The two lots will continue to have industrial/commercial uses. Neither lot will be accessed from Fish Creek Road. Access shall be maintained from Acacia Drive and Brook Drive. REVIEW PROCESS: 1. Preliminary Subdivision. §3.9.E. All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of this Code. VIE DATA TABLE: Engineer: Cornerstone Engineering & Surveying Parcel Number: 25314-11-043 Development Area: Approx. 8-acres Existing Land Use: Industrial/Commercial uses Proposed Land Use: Industrial/Commercial uses Zoning Designation: 1-1 Limited Industrial Proposed Zoning Designation: No Change Adjacent Zoning: East: RE-Rural Estate North: E-Estate West: I-1 Limited Industrial and CH-Heavy Commercial South: I-1 Limited Industrial Adjacent Land Uses: East: Single-Family Homes North: Single-Family Homes West: Single-Mini Storage and Commercial uses South: Industria//Commercial uses Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District REVIEW CRITER[A: Generally, depending upon the complexity of the project, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. 1. Landscaping. District buffering is not required for several property lines of this subdivision. On other property lines Staff has not required buffering, due to steep grades or no area available to install required landscaping. e.g. street landscaping along Fish Creek . Road, there is no available space as the river runs directly along the road at this location. 2. Water. There are existing water service lines running to each of the proposed lots. No main extensions are required with this project. There is a proposed private utility service easement proposed for Lot 2 across the northwest corner of Lot 1. 3. Sewer. There is a sewer main running through the proposed outlot as well as through Brook Drive. Proposed Lot 2 can tie into this system in the future. Lot 1 is already connected to sewer. The outlot is proposed to be for public and private utilities. 4. Access. Both Lots have existing access points, one off Acacia Drive and one off Brooke Drive. No change is proposed. 5. SidewalkiTrails. The applicant has shown a sidewalk connection along Lot 2 but not for Lot 1. Public Works has required a sidewalk to be installed for Lot 1 which would run along Brook Drive. The applicant has stated they wish to not install a sidewalk due to the various activities associated with industrial zoned lots. They also stated that future improvements are Estes Valley Planning Commission, July 18, 2017 Page 2 of 4 Keamey Preliminary Minor Subdivision unknown and could vary greatly. Public works has reviewed the updated plan set and updated Statement of Intent. They continue to require to the sidewalk along Lot 1. It is acceptable to post a security for this sidewalk, as with any public improvements, provided a time limit is mandated for actual construction. There is a sidewalk directly west of this property associated with the adjacent property. The proposed sidewalk connection would tie into the existing sidewalk to the west. There is also a trail running along Fish Creek. Staff is recommending that the Planning Commission place a condition on this Minor Subdivision that Lot 1 shall have a sidewalk installed along the street frontage on the north within right-of-way. This project would have a sidewalk that connects into two existing pedestrian trails. 6. Fish Creek. The location of Fish Creek on the Preliminary Plat is incorrect. The creek has recently been moved on the site, closer to Fish Creek Road. There is a 100% design of the new Fish Creek alignment associated with the Fish Creek Road and Trail Infrastructure Project. Staff is recommending Planning Commission place a condition of approval to provide the updated alignment of Fish Creek on the Preliminary Plat. 7 Comprehensive Plan. The Fish Creek/Little Prospect Mountain Planning Area found in the Comprehensive Plan states that pedestrian/bike paths should be incorporated with development along Fish Creek in order to provide connections from Carriage Hills to the school campus as well as to Lake Estes. The Plan also calls for the Acacia Industrial area to provide buffers/screening from the adjacent residential development. Several of these buffer areas are exempted from landscaping per the EVDC. This is in direct conflict with the Comprehensive Plan. In such cases the EVDC is required to prevail. REVIEWING AGENCY COMMENTS: This application has been submitted to reviewing agency staff for consideration and comment. Public Works has concerns over no sidewalk being proposed along Lot 1 and the Flood Plain Administrator has concerns over the correct FEMA 100-year Flood Plain not being adequately portrayed. PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 500-foot radius. As of July 11, 2017, no written public comments have been received for this application package. All written comments are posted to vvww.estes.orq/currentapplications STAFF FINDINGS: Based on the foregoing, staff finds: 1. The Preliminary Subdivision will comply with applicable standards set forth in the EVDC once recommended conditions are met. g Estes Valley Planning Commission, July 18, 2017 Page 3 of 4 Keamey Preliminary Minor Subdivision 2. The Preliminary Subdivision comply with the goals and policies set forth in the Comprehensive Plan. 3. The Planning Commission is the Recommending Body for the Preliminary Subdivision. 4. Adequate public facilities are available to serve the proposed projects. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. RECOMMENDATION: Staff recommends APPROVAL of the proposed Preliminary Minor Subdivision Plat with the following conditions: 1. Update Fish Creek alignment with current design plans from the Fish Creek Road and Trail Infrastructure Project 2. Propose sidewalk design along the north edge of Lot 1 within public right- of-way 3. Label lot and outlot square footage as "gross" 4. Note on proposed Outlot A should read as "public and private utility easement" SAMPLE MOTION FOR PRELIMINARY MINOR SUBDIVISION PLAT: 1. I move to recommend APPROVAL of the "Kearney Preliminary Minor Subdivision Plat" according to findings of fact, including findings and conditions recommended by Staff. 2. I move to recommend APPROVAL the ''Kearney Preliminary Minor Subdivision Plat" according to findings of fact, including findings recommended by Staff. 3. I move to CONTINUE the "Kearney Preliminary Minor Subdivision Plat" application to the next regularly scheduled meeting. 4. I move to DENY the "Kearney Preliminary Minor Subdivision Plat" application. Attachments: 1. Vicinity Map 2. Statement of Intent 3. Application 4. Kearney Preliminary Minor Subdivision Plat Complete Preliminary Subdivision plans can be found at www.estes.oro/currentapolications. j Estes Valley Planning Commission, July 18, 2017 Page 4 of 4 EPi Keamey Preliminary Minor Subdivision BROOKDRBALDPATECT B R O O K D R MOUNTAINVIEWCTFISH CREEK RDBROOKCTGRAHAM LN BROOK DR ACACIADRFish CreekThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 60 120Feet 1 in = 108 ft±Town of Estes ParkCommunity Development Vicinity MapKearny Minor Subdivision Preliminary Plat Printed: 7/12/2017Created By: Audem Gonzales Fish Creek RoadA cacia D riveBrook Drive PHONE 970.586,2458 FAX 970.586.2459 E-MAIL ces@ces-ccc.com WEB www.ses-scs.com CORNERSTONE 1692 Big Thompson, Suite 200 Estes Park, Colorado 80517 ENGINEERING & SURVEYING. INC. RECEIVED JUNE 28, 2017 COMMUNITY DEVELOPMENT June 27, 2017 - REVISED - Mr. Randy Hunt Community Development Director Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 RE: Letter of Intent Kearney Minor Subdivision Dear Mr. Hunt, Cornerstone Engineering and Surveying, Inc. (CES) on behalf of the owner Kearney and Sons Excavating, Inc is pleased to submit a map for the Preliminary and Final Plat of a Portion of Lot 12 South Saint Vrain Addition to the Town of Estes Park, County of Larimer, State of Colorado. Owners/Lien Holders The current owner is Kearney and Sons Excavating, Inc., there is no lien holder of the subject property. Project Description The project involves subdividing the property into two Lots. The property currently has two "leveled" areas, one area is adjacent to Fish Creek, the second area is elevated approximately 40-feet above Fish Creek. The proposed subdivision will subdivide the property to create two lots encompassing each area. Each lot will maintain the I-1 Restricted Industrial zoning. This subdivision would be beneficial with the various uses permitted within the I-1 zoning. The applicant is proposing to install a sidewalk connection along Lot 2, keeping Lot 1 open of right-of-way improvements. The applicant is proposing this as an alternative to the trail construction along the entire length of the project due to the various uses allowed within I-1 zoning districts. Locations of future improvements within Lot 1 are unknown and could vary greatly. Any infrastructure necessary due to proposed development will be the responsibility of that developer. Access The subject properties currently gain access from Brook Drive for Lot 1 and Acacia Drive for Lot 2. Sight distance at Acacia Drive is 175' to the south and 375' to the north. A sight distance of 100 feet is the minimum for driveways entering non-arterial streets (refer to EVDC Appendix D, Section IV 2.b.). Kearney Minor Subdivision Page 2 of 2 June 27, 2017 Utilities The following is a list of utility providers for the subject properties: Water Town of Estes Park Gas Xcel Energy Electric Town of Estes Park Telephone Qwest Sewer Upper Thompson Sanitation Cable TV Charter Communications There currently are adequate public facilities available to this subdivision. The upper lot has sewer, water, and electric adjacent to the site. We are proposing no utility infrastructure be installed as part of this subdivision. Wetlands Wetlands do not currently exist due to the 2013 flood and current river restoration work. Landscaping EVDC §7.5.F.2.a requires landscaping between the industrial zoning district and any other zoning district. Proposed landscaping will be the responsibility of the future developers of Lots 1 & 2. Graphic 7.1 within the EVDC illustrates district buffer landscaping along the building improvements of the property and not the entire length of the property line. If you have any questions please do not hesitate to contact us. Sincerely, Cornerstone Engineering & Surveying, Inc. Jes Reetz Planner 3 Boundary Line Adjustment 3 ROW or Easement Vacation 3 Street Name Change 3 Time Extension 3 Other: Please specify Condominiur 3 Prelimin 3 Final Ma r Supple Lot Size 7.70 +1- Acres Existing Land Use Proposed Land Use Existing Water Service IX Town Proposed Water Service (X Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service IX Xcel Existing Zoning 1-1, Restricted Industrial Site Access (if not on public street) Are there wetlands on the site? Area of Disturbance in Acres NIA Construction Yard Industrial IX Yes r No Site staking must be completed at the time application is submitted Complete? K. Yes r No 3 Well r None 3 Well r None 3 EPSD 3 EPSD 3 Yes r Other 3 Other (specify) 3 Other (specify) DC UTSD IX UTSD IX No r None 3 Septic r None 3 Septic Proposed Zoning NJA ESTES VALLEY DEVELOPMENT REVIEW APPLICATION Submittal Date: May 17, 2017 - y Apr liC-3ti.,111 3 Development Plan 3 Special Review 3 Rezoning Petition R. Preliminary Subdivision Plat 3 Final Subdivision Plat IX Minor Subdivision Plat 3 Amended Plat 7 GE.nera I I r r-ation Project Name Project Description Project Address Legal Description Parcel ID # Site Intormano-i Keamey Subdivision Subdivide existing construction yard SE 114, Sec. 31, T5N, R72W, 6th P.M. Metes & Bounds 25314-11-043 PI mil ary,r Contzr1 I MI:Nr.-5211[1 r Name of Primary Contact Person des Reetz - Cornerstone Engineering and Surveying, Inc, Complete Mailing Address 1692 Big Thompson Ave., Suite 200, Estes Park, CO 80517 Primary Contact Person is r Owner r Applicant IX Consultant/Enoineer Attachments rX Application fee IX Digital Copies of plats/plans in TIFF or PDF format emailed to IX Statement of intent planning©estes.org ix 3 copies (folded) of plat or plan IX 11" X 17" reduced copy of plat or plan Please review the Estes Valley Development Code Appendix 13 for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, andlor other additional information. Town of Estes Park -.1% P.O. Box 1200 170 MacGregor Avenue 4, Estes Pork. CO 80517 Community Development Deportment Phone: (970) 577-3721 4. Fax: 19701 586-0249 www.estesorgiCommunityDevelopment Revised 2013.08.27 KT Record Owner(s) Kearney and Sons Excavating, Inc. Mailing Address P.O. Box 3623, Estes Park CO 80517 Phone 970.586.6250 Cell Phone Fax Email Applicant Kearney and Sons Excavating, Inc. Mailing Address P.O. Box 3623, Estes Park CO 80517 Phone 970.586.6250 Cell Phone Fax Email Consultant/Engineer Cornerstone Engineering and Surveying, Inc. Mailing Address 1692 Big Thompson Ave., Suite 200, Estes Park, CO 80517 Phone 970.586.2458 Cell Phone Fax Email ireetz@ces-ccc.corn Date ‘,5-- - - Date -/t • 1-7 APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included In your application packet or view the fee schedule online at: www. este& orq/ComDev/Sched ules& Fees/Pla nn ingApolicationFeeSched ule odf All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE pRovr Mike Kearney Applicant PLEASE PRINT: Mike Kearney Signatures: Record Owner Applicant Revised 2013.08.27 KT APPLICANT CERTIFICATION 110. I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. 4. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Valley Development Code is available online at http.//vvww estes. orgiCom Dev/DevCode If> I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. P. I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ► I understand that a resubmittal fee will be charged if my application is incomplete. P. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. IP I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. 10. I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmiftal of an application that has become null and void. Names: Record Owner PLEASE PRINT: Mike Kearney Applicant PLEASE PRffsin Mike Kearney Signatures: Record Owner Applicant tWe._ K V-A-PA Date S" -/ - Date Revised 2013.08.27 KT RECEIVEDJUNE 28, 2017COMMUNITY DEVELOPMENT KearneyMinorSubdivision-100.xls Page 1 Owner Owner II Address City ST Zip 1236 BROOK LLC 1960 N SHARON CT ESTES PARK CO 80517 BENSEY LINDA K 1690 BROOK CT ESTES PARK CO 80517 BLAUE THOMAS A PATRICIA J 1750 FISH CREEK RD ESTES PARK CO 80517 CHELCUN GARY FRED PO BOX 3673 ESTES PARK CO 80517 COPPER ROBERT D FAMILY LIMITED PARTNERSHIP/THE PO BOX 1125 ESTES PARK CO 80517 ELLEY FAMILY PARTNERS LLC 1624 PROSPECT MOUNTAIN DR ESTES PARK CO 80517 ESHELMAN CHRIS L/MARLYS K 1901 FISH CREEK RD ESTES PARK CO 80517 ESTES LTD/TIBBETTS RON 9425 PEACEFUL VALLEY RD COLORADO SPRINGS CO 80925 FEREDAY SUSAN J 663 CHAPIN LN ESTES PARK CO 80517 GREENLEE MARGIE PO BOX 1522 ESTES PARK CO 80517 GRIFFITH DALE E/HARVEY E 1670 STATE HIGHWAY 66 ESTES PARK CO 80517 KEARNEY AND SONS ENTERPRISES LLC PO BOX 3623 ESTES PARK CO 80517 KELLY KEVIN P/KERI L 1695 BROOK CT ESTES PARK CO 80517 LOCKHART JODY A/WILLIAMJ 1239 BROOK DR ESTES PARK CO 80517 MOSCHEL W D PO BOX 2814 MCALLEN TX 78502 SOUTH TEXAS FARMS INC PO BOX 2734 MCALLEN TX 78502 THORSON DENNIS J 1311 BROOK DR ESTES PARK CO 80517 TOWN OF ESTES PARK PO BOX 1200 ESTES PARK CO 80517 t [P Memo To: Planning Commission From: Robin Becker Planner I Date: July 18, 2017 RE: Outdoor Food Truck Vending License removal from Agenda Outdoor Food Vending License was extended from the Agenda to the next meeting due to work being done on multiple code amendments. 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