HomeMy WebLinkAboutMINUTES Town Board 2019-07-09Town of Estes Park,Larimer County,Colorado,July 9,2019
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park,Larimer County,Colorado.Meeting held in the Town Hall in said Town
of Estes Park on the day of July,2019.
Present:Todd Jirsa,Mayor
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present:Frank Lancaster,Town Administrator
Travis Machalek,Assistant Town Administrator
Greg White,Town Attorney
Jackie Williamson,Town Clerk
Absent:Cody Rex Walker,Mayor Pro Tern
Mayor Jirsa called the meeting to order at 7:00 p.m.and all desiring to do so,recited the
Pledge of Allegiance.
Melinda Merrill/Estes Park Environmental Center thanked the Town for its commitment to
the Sister Cities organization and for the relationship with Monteverde,Costa Rica.She
reviewed the exchange program stating it centers around the sciences.She introduced
the exchange students visiting from Monteverde.
Mayor Jirsa read a Resolution of Respect for Town Attorney Greg White commemorating
his 39 years of service to the Town and its community.
AGENDA APPROVAL.
It was moved and seconded (Norris/Zornes)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
Diane Ernst/Town citizen stated the expansion of commercial park and recreational
activities in residential zoning districts would be harmful to the residential neighborhoods
in Estes Park and eliminate residential zoning.Dick Spielmanrrown citizen and Johanna
Dardenrrown citizen agreed with the comments and stated they do not want commercial
development in residential neighborhoods.
Michelle Hilandrrown citizen stated the Town Board should approve the code amendment
for the definition of parks and recreation presented to the Town Board and approved by
the Estes Valley Planning Commission in April 2019.A special review would be
inadequate to prevent commercial development in residential neighborhoods.
John Meissnerrrown citizen encouraged locals to attend the Rooftop Rodeo as people
come from all over the country to attend.
TOWN BOARD COMMENTS
Trustee Martchink thanked the Estes Arts District for the Friends of Folk event and for
continuing to make Estes Park thrive.
Trustee Cenac stated the Rooftop Rodeo parade was held today and reminded the
community the rodeo would run through July 13,2019.
Mayor Jirsa thanked Trustee Cenac for her efforts in coordinating the Rooftop Rodeo
parade as a member of the Rooftop Rodeo Committee.
Trustee Norris reminded the public the Estes Valley Planning Commission would hold
their regular meeting on July 16,2019.The Town Board and County Commissioners
Board of Trustees —July 9,2019—Page 2
would hold a joint meeting on July 29,2019 to discuss the future of land use in the Estes
valley.
Trustee Zornes stated he would attend the Larimer County Behavioral Health Policy
Council on July 15,2019 and would report at the next meeting the funding
recommendations to be considered by the Larimer County Commissioners.
TOWN ADMINISTRATOR REPORT.None.
1.CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated June 25,2019 and Town Board Study Session Minutes
dated June 25,2019.
3.Town Board Strategic Planning Study Session Minutes dated June 26,2019.
4.Approval of Governance Policy 1.10 Self-Monitoring of the Board.
It was moved and seconded (Cenac/Norris)to approve the Consent Agenda
Items,and it passed unanimously.
2.LIQUOR ITEMS:
1.NEW LODGING &ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR
CS &CS LLC,dba COFFEE ON THE ROCKS,510 MORAINE AVENUE,
ESTES PARK,CO 80517.Town Clerk Williamson reviewed the application and
stated all paperwork and fees had been submitted.Chuck Scott/Applicant stated
his brother owned the business prior to the previous owner.The business was
purchased in 2018.The business would hold special events,concerts,rehearsal
dinners and small weddings.It was moved and seconded (Norris/Cenac)to
approve the new Lodging &Entertainment Liquor License for CS &CS LLC
dba Coffee On The Rocks,510 Moraine Avenue,and it passed unanimously.
3.PLANNING COMMISSION ITEMS:Items reviewed by Planning Commission or staff
for Town Board Final Action.
1.CONSENT ITEMS:
A.ORDINANCE 16-19 AMENDMENT TO THE ESTES VALLEY
DEVELOPMENT CODE 5.1 B.VACATION HOME TO REVISE THE
DEADLINE FOR (“CAP”)NUMBER OF VACATION HOMES IN
RESIDENTIAL ZONING DISTRICTS.The item was removed from the
Consent Agenda for further discussion by Mayor Jirsa.Staff had requested
the item be continued to September 24,2019 and after further discussion it
was recommend to move the item to the second meeting in October.This
would allow the Board to consider the reduction in business license fees and
a revision to the due date for business license fees prior to considering the
amendment to the Development Code.It was moved and seconded
—(Norris/Bangs)to continue the item to October 22,2019,and it passed
•unanimously.
2.ACTION ITEMS:
A.RESOLUTION 19-19 TO REAFFIRM MAXIMUM TOTAL (“CAP”)NUMBER
OF VACATION HOMES IN RESIDENTIAL ZONING DISTRICTS.The Estes
Valley Planning Commission reviewed the vacation home cap as outlined in
the Development Code and voted unanimously at their June 18,2019 meeting
to maintain the current 588 cap on residential vacation homes.The Town
Clerk’s office maintains the waitlist which averages 30 to 40 applications with
an average wait time of five months.
Board of Trustees —July 9,2019—Page 3
Trustee Zornes questioned what impact PUDs may have on the number of
vacation homes in residential zoning districts.Staff stated a legal analysis
would need to be conducted to determine if vacation homes would be allowed
in a PUD which overlays a residential zoning district.Trustee Norris reaffirmed
the need to answer this question prior to a PUD application in a residential
zoning district containing vacation homes is considered by the Town Board or
County Commissioners.
Johanna Dardenrrown citizen stated she would support a decrease in the
number of vacation home registrations due to the impact they have on
workforce housing and destruction of the neighborhood character.
Tony Schetzsle/Town citizen commented the housing needs assessment
confirmed homes were being purchased and converted into vacation homes
and directly impacting the availablity of workforce and affordable housing in
the Estes valley.He stated he purchased his home in a residential
neighborhood and did not expect a commercial hotel to operate in the
neighborhood.He requested the Board not increase the cap and he would
support no vacation homes in residential zones.
Tom Hochestetler/Town citizen and hotel owner commented a vacation home
is not a hotel and competes unfairly with the hotels within the community.The
vacation home properties are taxed at the residential rate rather than the
higher 30%paid by commercial operations.The properties are allowed to
operate illegally without oversite and control.He further stated the businesses
are operated by unregulated operators and managers.He requested the
Town address the property tax issue with the state and conduct an audit of the
sales tax collected by these businesses.
Town Administrator Lancaster stated staff has discussed the issue with the
County Assessor and it continues to be unclear if an Assessor has the ability
to identify the properties as commercial and change the tax rate.He stated
the Town would have ongoing discussions with the Assessor and the state
legislators to reaffirm Town support in changing the assessment for vacation
homes operating in residential zoning districts.He encouraged hotel operators
to do the same.Trustee Norris requested staff draft a letter to address the
issue to be sent to the Assessor and legislators.
It was moved and seconded (MartchinklCenac)to appove Resolution 19-
19 to reaffirm the maximum total cap number of 588 vacation homes in
residential zoning districts,and it passed unanimously.
B.ORDINANCE 17-19 REZONING OF WILDFIRE HOMES ADDITION,16.08
ACRE PROPERTY LOCATED ON WILDFIRE ROAD WEST OF DRY
GULCH ROAD,WESTOVER CONSTRUCTION,RDA ASSOCIATES,LLC,
AND CROSSROADS MINISTRY OF ESTES PARK,OWNERS.Planner
Woeber presented a proposal to rezone four parcels consisting of 16.082
acres from CH-Commercial Heavy,0-Office,E-Estate and RE-Rural Estate,
to 0-Office,E-Estate,R-Single Family Residential,and RM-Multi-Family
Residential.The rezoning would allow the development of the existing parcels
to be subdivided into two blocks with 43 total lots consisting of 14 lots as
detached single-family homes,26 lots as townhomes,two lots for
condominium projects,and one lot for office use to be used by Crossroads
Ministry.The Estes Valley Planning Commission approved the rezoning
unanimously at their June 2019 meeting and staff recommends approval of
the application with the condition the rezoning would be contingent upon
approval of the Wildfire Homes development package,including the Final Plat
of Wildfire Homes Subdivision,Development Plans,and Condominium Maps
for The Meadows Condominiums and The Divide Condominiums.
Lonnie Sheldon/Van Horn Engineering presented a review of the conditions in
the neighboring area prior to the adoption of the new Estes Valley
Development Code in 1999 which was mostly undeveloped.The area
Board of Trustees —July 9,2019—Page 4
changed significantly during the past 20 years with the development of Talons
Point an Estes Park Housing Authority affordable housing development,Good
Samaritan a retirement community development,Falcon Ridge an Estes Park
Housing Authority affordable housing development,The Neighborhood a
mixed development of market rate and workforce housing,Salud Family,Vista
Ridge a mixed income home ownership program through the Estes Park
Housing Authority,Crossroads Church,Wildfire development,Northend
Storage,and Westover construction office and shop.The rezoning of the
properties would remove the CH —Heavy Commercial which currently backs
up to residential properties;relocate the office to the middle of the
development;reduce E-Estate zoned land;and replace CH and E zoned
properties with R-Residential and RM -Multi-Family Residential zoning.The
proposed rezoning provide appropriate transitional housing as it relates to the
neighboring residential uses and housing types would be consistent with the
growth pattern in the area providing needed workforce housing.
Those speaking in opposition of the rezoning request included David
Savelsbergrrown citizen,Steve Shank/Town citizen,Susan Day/Town citizen,
Johanna Dardenifown citizen,and Michelle Hilandifown citizen.Comments
included the development would be a good development for communities like
Longmont and Denver,concerns related to density,the density should be
spread out over the valley and not concentrated in one area,concerned with
traffic congestion with the development,developments need to include
childcare with develops of this nature,density should be located downtown,
the housing being proposed would not be compatible with the neighborhood,
and the development would double the density of the area and change the
character of the neighborhood.
Those speaking in favor of the rezoning request and development included
Larry Leaming/Estes Park Health Chief Executive Officer,Sheldon
Rosenkrance/Park R-3 School District Superintendent,Brenda Wyss/County
citizen,Scott Applegate/Bank of Estes Park Chief Credit Officer,Naomi
Hawf/Estes Park Housing Authority Executive Director,Jon
Nicholas/Economic Development Council Chief Executive Officer,Stacy
Ciolli/Town citizen,and Brian Schaffer/Crossroads Ministry.The availablity of
housing has been a significant barrier to the recruitment and retention of
personnel for entities in the valley who provide important services such as
healthcare,emergency services,and education.Lack of housing impacts
services available in the valley and raises the cost of services.The community
continues to lose families due to the high cost of housing and lack of rentals.
This project would provided needed housing for the workforce.The workforce
commuting to Estes Park has become a safety issue with individuals working
long shifts and then driving home or sleeping in their cars during the evening.
The development provides housing options for individuals trying to improve
their position and has been completed in a respectful manner.
Board comments folllowed and have been summarized:Mayor Jirsa stated
the rezoning meets the review criteria;Trustee Cenac stated she does not
support the concept of rezoning but acknowledged the proposals meets the
criteria;Trustee Bangs commented the project was well done and utilized
diverse zoning to accomplish a cohesive project;Trustee Martchink stated the
development would be in the best interest of the community;and Trustee
Norris reaffirmed the level of outreach made the project better.
It was moved and seconded (Bangs/Martchink)to appove Ordinance 17-
19 to rezone the Wildfire Homes Addition to 0-Office,E-Estate,R-Single
Family Residential,and RM-Multi-Family Residential as depicted in
Exhibit A according to findings of fact and the condition as
recommended by Staff.Approval of this rezone is contingent upon
approval of the Wildfire Homes development package,including the
Final Plat of Wildfire Homes Subdivision and Development Plans and
Board of Trustees —July 9,2019—Page 5
Condominium Maps for The Meadows Condominiums and The Divide
Condominiums,and it passed unanimously.
Mayor Jirsa called for a recess at 9:30 p.m.and resumed the meeting at 9:43 p.m.It was
moved and seconded (Norris/Martchink)to extend the meeting past 10:00 p.m.to
complete the agenda,and it passed with Trustee Cenac voting “No”.
C.PRELIMINARY PLAT,WILDFIRE HOMES SUBDIVISION LOCATED ON
WILDFIRE ROAD WEST OF DRY GULCH ROAD,WESTOVER
CONSTRUCTION,RDA ASSOCIATES,LLC,AND CROSSROADS
MINISTRY OF ESTES PARK,OWNERS.The preliminary plat application
would subdivide four separate parcels into two Blocks,with a total of 43 lots.
The project would create a mixed use of the area to include single-family
homes,townhomes,condominiums,and office use as outlined in the rezoning
request.The condominium development would provide 72 units for workforce
housing surrounded by lower density housing with the exception of Lot 16
which would contain 16 additional workforce housing units.The applicant has
requested a waiver to the permited use of shared driveways to allow five
single-family units rather than the four allowed in the code.
Lonnie Sheldon stated the applicant does not have any issue with the
conditions of approval as presented by Public Works.An additional
emergency access has been identified in conjuction with Town staff across the
Town owned property to the east between the development and Dry Gulch
Road.A northbound left turn lane would be installed off of Dry Gulch,a
sidewalk connection to Dry Gulch Road,a multimodal path on Wildfire Road
of 8 feet wide and a 5 foot wide path round Divide Circle.Stormwater would
be addressed with onsite detention pond and an upgrade to culverts.
It was moved and seconded (Norris/Bangs)to appove the Preliminary Plat
of the Wildfire Homes Subdivision as presented with the Public Works
conditions of approval,and it passed unanimously.
3.ACTION ITEMS:
1.ESTES PARK HOUSING AUTHORITY FINANCIAL ASSISTANCE REQUEST.
Executive Director Hawf stated the Housing Authority would relocate from the
Town owned and operated Visitor Center to the US Bank building at the request
of the Town to provided needed space for the new in-house attorney.The Town
has provided at no cost in the past office space,utilities,phone and internet
services.With the move the Housing Authority would incur unexpected costs of
approximately $51,462 with the mid-year move.EPHA requested a one-time
contribution from the Town to assist with the relocation costs and additional
support in 2020 to offset additional annual costs currently provided by the Town.
The not-for-profit organization has limited resources and any profits gained are
used for the maintenance,future development opportunity or support of the
residents.The Housing Authority was formed by the Town Board in 1993 to
address the lack of housing and today with Town support the Authority manages
184 apartment units for those at or under 60%AMI,4 above 60%AMI,29 deed
restricted homes serving those at 80%AMI,and owns 7 acres for future
development of 22 apartment homes for those with higher incomes.Without
finance support from the Town for the move future development and self-
sufficiency would be impacted and delayed.
Board discussion was heard and summarized:the services the Housing Authority
provides has value to the community;the breakout of the request appears
excessive with the inclusion of $600 in breakroom supplies;the Authority has
been working as an extension of the Town Board and has been supported by the
Board since its inception;what would be the relationship with the Town in the
future;questioned what services would not be provided due to the moving costs
and ongoing costs;questioned the Authority’s ability to solicit additional funds
from other organizations for operations;and suggested the Town match funds
raised by the Housing Authority up to $20,000.
Board of Trustees —July 9,2019—Page 6
Comments were received as follows:John Meissnerutown citizen stated the
request seems excessive and he would not support the funding.Johanna
Darden/Town citizen stated the Housing Authority has done a great job for the
community and supports the request.
Substitute motion:It was moved and seconded (Bangs/Martchink)to appove
the funding request by the Estes Park Housing Authority in the amount of
$40,000,and the motion failed with Mayor Jirsa,Trustee Cenac and Trustee
Norris voting “No’.
It was moved and seconded (Norris/Cenac)to approve up to $20,000 in
matching funds raised and supplied by the Estes Park Housing Authority,
and it passed unanimously.
2.RESOLUTION 20-19 ADOPTION OF THE ESTES VALLEY STORMWATER
MASTER PLAN.Manager Hook presented the Stormwater Master Plan
completed with grant funds to help the community address risks following the
2013 flood.The final plan for the Estes Valley Development Code was presented
to the Town in May 2018.The Town collaborated with Larimer County on a
separate proposal to establish a stormwater utility which has been placed on hold
at the request of the Town Board and Board of County Commissioners.Adoption
of the Plan would strengthen future grant applications related to stormwater
management and provide Board support for a more resilient community and
desire to improve stormwater management.
Comments were received as follows:Joel Holtzman/Town citizen stated the plan
would not be successful and would be inadequate.Johanna Dardenifown citizen
stated opposition to the plan that would lead to grants for projects such as the
Loop.Jennifer Waters/Town citizen spoke in favor of the plan which would aid
the Town in receiving grant funds for stormwater projects.
It was moved and seconded (Bangs/Martchink)to appove Resolution 20-19 to
adopt the Estes Valley Stormwater Master Plan,and it passed unanimously.
3.ORDINANCE 18-19 FOR 2019 TO 2022 WATER RATE INCREASE.Director
Bergsten and Superintendent Eshelman provided a review of the proposed water
rate increases for 2020 —2022 to ensure the user fees support the operation of
the utility and the rates paid by customers are equitably between the rate classes
and adequate to fund capital projects and operations.The new rates would
support the long-term plan to replace the utility’s aging infrastructure and perform
the work in-house with additional full-time employees which have been built into
the rates.The rate structure would change to a base fee for the first 2,000 gallons
of water per month to address the fixed costs and cover 60%of the fixed costs by
2022.By 2025 a reduction in the rural versus urban rates would be reduced from
a 1.6 multiplier to 1.3.The new rate structure would aid in addressing the larger
part-time customer base the utility has in comparison to other communities as well
as low customer density per neighborhood.Those speaking in favor of the
Ordinance included Johanna DardenIrown citizen and John Meissner.
It was moved and seconded (Norris/Bangs)to appove Ordinance 18-19,and it
passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 11
c&Tha Ctrt
J c I Williamson,Town Clerk
Todd Jirsa,Mayor