HomeMy WebLinkAboutPACKET Town Board 2020-06-23 Prepared 06-12-2020
'Revised 06-23-2020
1
T��N o� E�ST ES I'AI�I�
The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonab/e accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call(970)577-4777. TDD available.
BOARD OF TRUSTEES —TOWN OF ESTES PARK
TO BE HELD VIRTUALLY
Tuesdav, June 23. 2020
7:00 p.m.
Board Room — 170 MacGregor Avenue
Estes Park, CO 80517
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and
provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial
virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator
Machalek on May 8, 2020 and outlined below.
ADVANCED PUBLIC COMMENT
Options for the Public to Provide Public Input:
1. Bv Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
. The form must be submitted by 12:00 p.m.,
Tuesday, June 23, 2020. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
2. Bv Telephone Messaae: Members of the public may provide public comment or comment on a
specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday,
June 23, 2020. All calls will be transcribed and provided to the Board for consideration during the
agenda item and added to the final packet.
PUBLIC PARTICIPATION DURING BOARD MEETING
Options for participation in the meeting will be available by call-in telephone option or online via Zoom
Webinar which will be moderated by the Town Clerk's Office.
CALL-IN (TELEPHONE OPTION):
Dial public participation phone number, YQ�ii�D'�t:���:�:�
Enter the Meeting ID for the June 23,2020 meeting:tit:r�►:�:i�r��L���followed by the pound sign
(#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call
into the meeting prior to 7:00 p.m., if possible.You can also find this information for participating
by phone on the website at www.estes.orq/boardsandmeetinqs by clicking on "Virtual Town
Board Meeting Participation".
Request to Speak: For public comment,the Mayor will ask attendees to indicate if they would
like to speak—phone participants will need to press*9 to"raise hand". Staff will be moderating
the Zoom session to ensure all participants have an opportunity to address the Board.
Once you are announced by phone:
• State your name and address for the record.
• DO NOT watch/stream the meeting at the same time due to streaming delay and
possible audio interference.
(Instructions continued on page 2,Agenda begins on page 2) �
PUBLIC PARTICIPATION (ONLINE):
Individuals who wish to address the Board via virtual public participation can do so through
Zoom Webinar at https//zoom.us/j//98216902040 — Zoom Webinar ID: � � •� � i� �. The
Zoom Webinar link and instructions are also available at www.estes.orq/boardsandmeetinqs
by clicking on "Virtual Town Board Meeting Participation". Individuals participating in the Zoom
session should also watch the meeting through that site, and not via the website, due to the
streaming delay and possible audio interference.
Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the
meeting. Participants wanting to ensure their equipment setup is working should join prior to
the start of the meeting at 7:00 p.m.
Request to Speak: For public comments, the Mayor will ask attendees to click the "Raise
Hand" button to indicate you would like to speak at that time. Staff will moderate the Zoom
session to ensure all participants have an opportunity to address the Board.
• You will experience a short delay prior to re-connecting with the ability to speak.
• State your name and address for the record.
In order to participate,you must:
• Have an internet-enabled smartphone, laptop or computer.
o Using earphones with a microphone will greatly improve your audio experience.
• Join the Zoom Webinar.
o The link can be found above.
• Click"Participate Virtually in the Regular Town Board Meeting of the Board of Trustees".
• DO NOT watch/stream the meeting via the website at the same time due to delays and
possible feedback issues.
WATCH THE MEETING:
The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48
hours of the meeting at the same location.
Documents to Share: If individuals wish to present a document or presentation to the Board,
material must be emailed by Monday, June 22, 2020 by 8:00 a.m. to the Town Clerk's office at
townclerk(a�estes.orq.
Quasi-Judicial Proceedings
(Quasi-Judicial items will be marked as such)
Written Testimony
Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by
completing the Public Comment form at
https://dms.estes.orq/forms/TownBoardPublicComment.
Members of the public may provide public comment or comment on a specific agenda item by
calling (970)577-4777.All calls must be received by 8:00 a.m., Monday, June 22, 2020.
All comments received will be provided to the Board and included in the final packet material.
Oral Testimonv
To ensure your ability to provide comments during the meeting, you must register by emailing
townclerk(a�estes.org or calling (970)577-4777 by Monday, June 22, 2020 at 5:00 p.m.
During the meeting, any individual who did not register to speak on a quasi-judicial item may
join public participation by following either the Call-In or Online option previously mentioned.
Individuals who do not register prior to the meeting risk being unable to testify due to
administrative/technical difficulty during the meeting.
Written presentation materials or exhibits must be delivered to townclerk(a�estes.orq by 8:00
a.m. Monday, June 22, 2020 in order to be presented during the meeting. No other written
presentations or exhibits will be accepted during oral testimony by any member of the public.
Packet Material
The packet material can be accessed through the following link: Town Board Packet or under
the Town Board section at www.estes.orq/boardsandmeetinqs or you may request a paper
packet by emailing townclerk(cr�.estes.orq or calling (970)577-4777.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was 2
prepared.
Prepared 06-12-2020
�Revised 06-23-2020
AGENDA
BOARD OF TRUSTEES—TOWN OF ESTES PARK
Tuesday. June 23. 2020
7:00 p.m.
Board Room— 170 MacGregor Avenue
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION - RECOGNITION OF GARY&KRIS HAZELTON
YEARS OF SERVICE RECOGNITION
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS/ LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated June 9,2020 and Town Board Study Session Minutes dated
June 9, 2020.
3. Estes Park Planning Commission Minutes dated May 19, 2020 (acknowledgment only).
4. Revised Policy 306 Leave.
5. Resolution 33-20 Intergovernmental Agreement for Fiscal Year 2020 Certifications and
Assurances as Required by the Federal Transit Administration for Funding Recipients
with CDOT.
6. Resolution 34-20 Grant Agreement for the Big Thompson River Recreational and Picnic
Area with Great Outdoors Colorado(GOCO).
7. Contract for 2020 Overlay & Patching Program with Coulson Excavating Co., Inc.,
$740,449.50, Budgeted.
8. Resolution 35-20 Financing Agreement for Glacier Water Treatment Plant
Sedimentation Basin Construction with USDA, $2,369,000 Grant and $7,675,000 40-
Year Loan at 1.375°/o Interest.
9. Contract for 2020 Shuttle Services with Rapt Dev USA, dba Rocky Mountain Transit
Management Inc., $344,718.46, Budgeted.
10.Resolution 36-20 Setting the Public Hearing date of July 14, 2020 for a New Beer &
Wine Liquor License filed by Mountain Home Cafe, Inc. dba Mountain Home Cafe, 457
East Wonderview Avenue#C1, Estes Park, CO 80517.
11.Resolution 37-20 Setting the Public Hearing date of July 14, 2020 for a New Beer &
Wine Liquor License filed by Discovery Lodge, Inc. dba Discovery Lodge, 800 Big
Thompson Avenue, Estes Park, CO 80517.
12.Resolution 38-20 Setting the Public Hearing date of July 14, 2020 for a New Beer &
Wine Liquor License filed by Coyote Mountain Lodge, LLC dba Coyote Mountain Lodge,
1340 Big Thompson Avenue, Estes Park, CO 80517.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was 3
prepared.
* 13.Resolution 41-20 IGA (Memorandum of Understanding) Related to the Distribution of
Coronavirus Aid, Relief, and Economic Security(CARES)Act Funds.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES PARK HEALTH. CEO Vern Carda.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town
Board Final Action.
1.ACTION ITEMS: Following items are quasi-judicial,see procedures for public comment.
A. ORDINANCE 10-20 REZONING, ROCKY MOUNTAIN HEALTH CLUB, 1230 BIG
THOMPSON AVENUE, ADESTES, LLC/OWNER. (Quasi-Judicial) Planner
Bergeron.
Proposal to rezone from A(Accommodations)to CO (Commercial Outlying).
B. ORDINANCE 05-20 ELKHORN LODGE PRELIMINARY PLANNED UNIT
DEVELOPMENT (PUD1. 600 ELKHORN AVENUE. ZAHOUREK
CONSERVANCY, LLC, OWNER, EAST AVENUE DEVELOPMENT, LLC, A
TEXAS LLC. C/O JUSTIN MABEY, APPLICANT. (Quasi-Judicial) Planner
Woeber.
Applicant requests approval of a Preliminary PUD, on a site 18.6± acres in size,
currently zoned CO. The PUD proposes various Accommodations, Commercial,
and Residential uses on 13 lots.
C. RESOLUTION 18-20 ELKHORN LODGE PRELIMINARY PLAT, 600 ELKHORN
AVENUE, ZAHOUREK CONSERVANCY, LLC, OWNER, EAST AVENUE
DEVELOPMENT, LLC, A TEXAS LLC, C/O JUSTIN MABEY, APPLICANT.
(Quasi-Judicial) Planner Woeber.
Elkhorn Lodge Subdivision, proposing 13 lots, ranging from 0.276 to 3.291 acres in
size.
ACTION ITEMS:
1. RESOLUTION 39-20 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director
Hudson.
Authorize filling a vacant fleet mechanic position in July instead of waiting until
September.
2. RESOLUTION 40-20 APPEAL OF STAFF DENIAL OF A CERTIFICATE OF
OCCUPANCY FOR THE ALARADO DEVELOPMENT. (Quasi-Judicial) Director Hunt.
Certificate of Occupancy has been denied for the Jimmy John's sandwich shop in
Alarado, based on the fact that the new traffic signal at US 34 and Steamer Dr. is not
yet installed.
ADJOURN.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was 4
prepared.
Public Comment Received by Noon 06-23-2020
�
ESTES �� PAR �C
Public Comment Received by Noon 06-23-2020
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ File_Upload
Hello Honorable Mayor Koenig&Trustees,
Today during a Congressional hearing,Dr.Fucci,a physician&an immunologist who serves as the Director of National
Institute of Allergy and Infectious Diseases advised,"Do NOT congregate in crowds and if you do,wear a mask".He
continued to confirm that it is dangerous to be around an asymptomatic COVIDI9 carrier.The dangers of spreading the
contagious virus are significant as every individual responds differently."Even though the overwhelming majority then do
well,what you can't forget is if you get infected and spread the infection,even though you do not get sick,you are part of
the process of the dynamics of an outbreak."
Several states,including Texas,Florida and Arizona,are seeing a"disturbing surge"of new coronavirus infections.The
role of government is to protect&serve,I hope you will consider needed protections for residents,visitors&all workers
6/23/2020 12:08 PM 6eneral Public Comment Belle Morris For in Estes Park.COVIDI9 is not going away any time soon.Thanx,Belle
Town of Estes Park, Larimer County, Colorado, June 9, 2020
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 and Virtually in
said Town of Estes Park on the 9t" day of June, 2020.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
Marie Cenac
Barbara MacAlpine
Cindy Younglund
Ken Zornes
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Ad ' rator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Koenig called the meeting to order at 7: . and siring to do s , recited
the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Zorn ac) to appr he Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Dick Spielman/Town citizen d dissati ith the oard's discussion on the Land
Use IGA during the Stud
TRUSTEE COMM
Trustee Bangs st she pa � e cent Restorative Justice meeting where
Captain Pass outlin p to the community and reinforces the Police
Department's commun ed policing in Estes Park. The program has cancelled their
annual f If to ent; however, they continue to accept donations.
Tru ounglund with istant Town Administrator Damweber and EPNRC
Di Dale-Marshall eceive a review of the activities of the Family Advisory Board.
Mayor ' stated t isit Estes Park Board discussed the districYs move to its new
location a ne reduce the cost of remodeling due to budget constraints. The
2021 adverti et continues to be developed.
Trustee Cenac presented a mask Visit Estes Park designed and produced for the
community.
Mayor Pro Tem Martchink commented the Economic Development Corporation would
hold its next meeting on June 18, 2020.
Trustee MacAlpine stated she attended her first Estes Park Board of Adjustment meeting.
TOWN ADMINISTRATOR REPORT.
Town Clerk Williamson provided the Board a review of the recent changes to the liquor
law which allows liquor license establishment to apply for temporary modifications for
outdoor seating and liquor service. The Town has been developing a program"Embrace
the Views" which would allow all dining establishments and retail establishments the
ability to extend their businesses outdoors, including public rights of ways,green spaces,
sidewalks, etc.
5
Board of Trustees—June 9,2020—Page 2
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated May 26, 2020.
3. Estes Park Board of Adjustment Minutes dated March 3, 2020(acknowledgement
only).
4. Updated Terms for Appointments to the Estes Park Housing Authority originally
approved by the Town Board on April 28, 2020:
• Eric Blackhurst, 5-year term beginning May 1, 2020 and expiring on April
30, 2025.
• Dan Centurione, 5-year beginning November 1, 20 nd expiring on
October 31, 2025.
5. Resolution 31-20 Electric Rate Public Hearing Resche gust 25, 2020.
6. Policy 101 Division of Responsibilities — Revise emove th imer County
Open Space Appointment.
It was moved and seconded (Martchink/Ba to appr the Consen Agenda
with the correction to Item 3 to read Est Iley d of Adjustment, and it
passed unanimously.
2. ACTION ITEMS:
1. RESOLUTION 32-20 A FOR EDERAL TRANSIT
ADMINISTRATION CARES AC UND P ORT ESTES TRANSIT.
Manager Solesbee stated CDOT ie Tow as eligible for$94,975 from
the federal govern OVID-1 f effort, the Coronavirus Aid, Relief and
Economic Secu ' A Act. T nds would support the 2020 Estes Transit
administratio d opera expen The funds would support the transit
operations prevent e for d respond to COVID-19, including
investments rso ipment, additional vehicle cleaning and
other public h asures to p otect drivers and passengers. The Town
esf % o nds would be used for administrative expenses and 50%
era en The funds would not require funding/cost sharing by the
wn. It was ed a conded (Bangs/Zornes)to approve Resolution 32-
0, and it pass anim sly.
2. NANCE 0 AMENDED WATER RATE SHEET FOR PARK ENTRANCE
M L PIP E WATER COMPANY LOAN REPAYMENT.Director Bergsten
state T entered into a Voluntary Water System Transfer agreement with
the Par ance Mutual Pipeline and Water Company. The water distribution
system wa in disrepair and must be replaced. The Town applied for and received
USDA funding to finance the reconstruction of the water system. The USDA loan
requires the Town approve a loan repayment schedule to be paid by the customers
of the system, setting the rates, by ordinance. He reviewed the amended water
rate schedule. It was moved and seconded (Martchink/MacAlpine) to approve
Ordinance 09-20, and it passed unanimously.
3. REQUEST TO ENTER INTO EXECUTIVE SESSION:
It was moved and seconded (Martchink/Cenac) to enter executive session for
the purposes of receiving legal advice on specific legal questions - Section
24-6-402(4}(b} C.R.S. — Development Code Procedures, and it passed
unanimously.
The Board entered executive session at 7:53 p.m. and concluded the executive
session at 9:38 p.m.
Mayor Koenig reconvened the regular meeting at 9:40 p.m. 6
Board of Trustees—June 9,2020—Page 3
Whereupon Mayor Koenig adjourned the meeting at 9:40 p.m.
Wendy Koenig, Mayor
Jackie Williamson, Town Clerk
7
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado June 9, 2020
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room and Virtually in said Town of Estes Park on the 9t" day of
June, 2020.
Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Younglund, and Zornes
Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Younglund, and Zorne
Also Attending: Town Administrator Machalek, Assis wn Administrator
Damweber, Town Attorney Krame cording Secretary
Disney
Absent: None
Mayor Koenig called the meeting to order at 4:45
HOUSING AUTHORITY PEAK VIEW.
Director Hawf presented consultants Rita Kurefja, Betters, and provided an
update on the Housing Authority Pea project. S lighted the economic and
social impacts, long-term benefits, e apa and requirements for
residency, costs of the project, and fi 'rect awf stated the Housing
Authority would submit a formal reque fee the water tap fee, building
permit fee, and plan review fee. The sse revious Town support of the
Housing Authority, fee hich en granted for other entities, budget
amendment to the Ge acco ating the request, costs associated with
building fee waivers o thir rty buil view, previous loan requests from the
Housing Authority e pro' n options the Town could review for the
project, schedule fo project, and Housing Authority budgeting
impacts as a result of 9. The d directed staff to review funding options and
provide re tion Board at the June 23, 2020 Town Board Meeting.
DO N ES OP TERLY UPDATE.
Dir uhonen p ted the Downtown Estes Loop quarterly update, and the
Techn visory Co ttee (TAC). They provided progress updates on Right-of-Way
(ROW) � �ons, et, schedule timeline, and the Memorandum of Agreement
with Centr nds Highway Division. TAC proposed continuing work on the
design and quisition efforts through the remainder of 2020, and bid the
construction wor early 2021. Additionally, staff has submitted a grant application to
the US Department of Transportation for funding from the 2020 Better Utilizing
Investments to Leverage Development (BUILD) program. The Board discussed TABOR
as part of the memorandum, the original timeline of completion of the project, cost
growth of the project due to delays, and budgeting issues.
STAY HEALTHY STREETS PILOT PROGRAM FOR DOWNTOWN.
Director Muhonen, Transportation Advisory (TAB) Board Chair Morris, and Co-Chair
Street presented the drafted Stay Healthy Streets Pilot Program for powntown Estes
Park as a result of public health executive orders from the state and county mandating
physical distancing of at least 6 feet between people, in efforts to slow the spread of the
COVID-19 virus. The drafted program would address physical distancing needs in the
downtown area. The program consisted of four options, and public outreach and an
online survey was conducted. The program would review the use of existing vehicular
traffic lanes allowing for pedestrian, bike, and trolley usage. Staff proposed the Town
select one weekend during summer 2020 to test option two, of the four proposed
$
RECORD OF PROCEEDINGS
Town Board Study Session—June 9, 2020—Page 2
options, and following review of the test weekend, consider implementing one of the
options for additional days during the summer guest season. The Board discussed input
from the Estes Valley Fire Department for emergency services, options to borrow
equipment from other entities and municipalities, concerns on alternate routes, costs of
barriers, additional test weekends, constant changing information related to COVID-19,
public outreach, and personnel costs. Staff would continue to pursue a potential test
weekend and review new information as received with the Board.
LAND USE PLANNING IGA.
Director Hunt provided background on the three options of the Land Use Planning
Intergovernmental Agreement (IGA) which were previously presented to the Town
Board and Larimer County Commissioners. The two Boards did not reach consensus on
how to proceed with land use in the Estes Valley, thus an IGA does t currently exist.
Director Hunt highlighted the separated development codes, zoning maps,
procedures for review among town and county staff, and jurisdi boundaries. The
Board discussed properties on the boundary, scheduling in ' onversations with
Director Hunt to review background information regarding �ch were made
on the IGA. The Board directed staff to work with coun s on r the options
for an IGA with the county.
TRUSTEE 8�ADMINSTRATOR COMMENTS 8� ION
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Mayor Koenig requested a discussio t creating ge on the Town website
for Board media responses and the sche June 23, 2020.
Trustee Bangs requested Chief Kufel vide tion to the Town Board on
Police Department policies and training de- alation and it was determined
to tentatively schedule th tion fo 4, 2020.
Town Administrator alek ested t view of open container restrictions be
scheduled for the Ses e , 2020 and the Stanley Historic District
overview be sche . It was determined to schedule both
discussions for the req ates.
Ther g no furt ines ayor Jirsa adjourned the meeting at 6:51 p.m.
Kimberly Disney, Recording Secretary
9
Public Comment Received by Noon 06-23-2020
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees File_Upload
In conversations with business owners about the Safe&Healthy Streets initiative,60%did not take the town
survey because"they never listen to what I say anyway."Efforts to collect responses online yielded little results,so
I have asked door to door what the business community on Elkhorn feels.I hope you find the results constructive
to tonight's conversation.
While I was unable to reach every business owner,of 35 merchants surveyed,five were supportive of the
pedestrian walkway,25 were against and 5 were uncertain.Some who were in favor of the proposal changed their
minds after researching the three proposed options.This yields our deduction that
1.the bias for and against this ped experience is equally vehement
2.the timing of the test plays heavily into their prejudice
3.we need to survey the guest experience to accurately gauge interest.
The Chamber is happy to engage a third party to condud a survey of guests,residents and merchants that will
6/23/2020 11:08 AM Town Board and Study Session Minutes dated June 9,2020. Donna R.Carlson Neutral yield more data.
RECORD OF PROCEEDINGS
Estes Park Planning Commission
May 19, 2020
Board Room, Estes Park Town Hall
Commission: Acting Chair Matt Comstock, Commissioners Steve Murphree, Joe
Elkins, Matthew Heiser, Howard Hanson
Attending: Acting Chair Comstock, Commissioners Murphree, Elkins, Heiser,
Hanson
Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner II Alex
Bergeron, Recording Secretary Karin Swanlund, Town Board Liasion
Barbara MacAlpine, Town Attorney Dan Kramer
Absent: None
OPEN MEETING
Acting Chair Comstock called the meeting to order at 1:30 p.m. The three new Planning
Commission members (Elkins, Hanson, Heiser) introduced themselves. Director Hunt
explained how the session would work for public comment in its virtual format. Attorney
Kramer read the Emergency Rule 06-20 regarding public hearings. Acting Chair Comstock
thanked the new Commission members and staff for stepping up during this difficult time.
The meeting was held virtually via Google Meet and live-streamed on YouTube and Viebit.
APPROVALOFAGENDA
Commissioner Heiser suggested voting on officer positions. Director Hunt thought that
the June meeting would be a more appropriate time to do this.
It was moved and seconded (Elkins/Heiser) to approve the agenda and the
motion passed 5-0.
PUBLIC COMMENT:
None
CONSENT AGENDA
1. Study Session Minutes dated February 18, 2020
2. Meeting Minutes dated February 18, 2020
3. Meeting Minutes dated February 25, 2020
Commissioner Heiser questioned approving minutes from the previous, now
defunct Planning Commission meetings, which mostly encompassed different
Commission members. Attorney Kramer advised that under the circumstances,
this body is the only body that can plausibly approve them, and although not
common, is allowed. Acting Chair Comstock, who was in attendance at those
meetings, stated that the minutes were accurate.
1
11
RECORD OF PROCEEDINGS
Estes Park Planning Commission
May 19, 2020
Board Room, Estes Park Town Hall
It was moved and seconded (Hanson/Heiser) to approve the consent agenda
as presented and the motion passed 5-0
ACTION ITEMS
REZONE REQUEST, 1230 Big Thompson Avenue, Rocky Mountain Health
Club, David and Alix LaSalle, owners Planner Bergeron
Director Hunt reviewed the staff report for the rezone request. This request
proposes to return the subject property to CO (Commercial Outlying) zoning,
from A (Accommodations) zoning, a designation for which the site has been
designed and has functioned for at least six decades. It was stated that this
would relieve the site of the burdens caused by Code technicalities and allow
current and future property owners to expand the existing functional uses of the
site within the permissions of the law, including privately-operated office space.
Spot-zoning was defined as one type of zone surrounded by different zoning
districts. Staff feels that this is an occasion where it is appropriate. A
development plan, when and if submitted (it was waived with this application),
could come to this Commission. Staff recommended approval of the request.
Commission Comments/Questions:
Commissioner Elkins asked what the waived fee was for. Director Hunt
answered that permit fees go into the Town's general revenue fund to offset the
costs in processing applications. Given what the proposed use for this property
is, Comstock questioned why Commercial and not Office zoning was applied for
and if it would have been easier to have a code amendment allowing Health
Clubs in Accommodations zoning. Hunt answered that Health Clubs are not
allowed in Office zoning and that code amendments are more complex and are
all-encompassing, altering the Development Code principle for uses in that zone
district. Rezonings are organic and need to be carefully considered. Comstock
raised the concern of how the public will feel about this being the first post-IGA
decision. Hunt felt that since this was a corrective rezoning it does not open up
the welcome mat for all rezonings. Attorney Kramer stated that the decision,
whether approved or denied, should be based on the review criteria for this and
all projects going forward. Hanson wondered if there was an alternative way to
accomplish the same result making the planned uses legal, preventing CO
zoning abuse in the future. Hunt answered that there aren't too many
alternatives in a case like this. Variances are not allowed for Uses. Heiser
wanted to make sure the applicant was aware of the landscape buffer
requirements in the Development Code and how the neighboring properties feel
about this. Hunt answered that there are flexible choices for this. Many
development plans have landscaping alternatives that can be approved at a
Staff level. The Planning Commission can waive requirements. As a footnote,
2
12
RECORD OF PROCEEDINGS
Estes Park Planning Commission
May 19, 2020
Board Room, Estes Park Town Hall
Hunt added that he is hoping to do a code amendment for landscaping
requirements in the future. Heiser and Hanson both expressed favorability for
the request and planned use of the property, especially in light of the current
pandemic. Having the property occupied and not vacant is a good thing.
Applicant response:
David LaSalle, 1237 Timber Mountain Lane, thanked the Commission for
hearing their request. He explained that the building became nonconforming
with the 2000 rezoning. Rocky Mountain Health Club (RMHC) was
grandfathered in at that time and allowed to continue operating. With the
opening of the Estes Park Community Center, RMHC membership went from
600 to 25 members. A-Zoning was very limited on allowed uses causing a
dilemma in filling the space. Plans for the future include a flexible workspace
and, with the onset of COVID 19, some designs are changing, sometimes daily.
An exterior deck is planned, redoing the parking lot and repainting of the outside
of the building. The current footprint of the fitness and wellness facilities would
stay the same at about 4,000 square feet of the 15,00 total square footage of
the building. Accessibility is an issue on the inside, with the possibility of a lift
or elevator installation. An on-site commercial mail processing site is also being
considered, with the approval of the USPS.
A five-minute recess was taken at 2:58 for any additional public comments to
come in. There were none. The meeting resumed at 3:05.
It was moved and seconded (Heiser/Hanson) to recommend approval of
the request by AdEstes LLC to rezone 1230 Big Thompson Avenue from
A(Accommodations)to CO (Commercial Outlying), in accordance with the
findings as presented. The motion passed 5-0.
REPORTS
Voluntary DOLA training on Thursday, May 21, 2020, for all Commissioners.
Thanks for bearing with us in this first virtual quasi-judicial post-pandemic meeting.
ADJOURN
There being no further business Chair Comstock adjourned the meeting at 3:12 p.m.
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
3
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Memo '
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: June 23, 2020
RE: Amending Policy 306 Leave
Obiective:
To amend Policy 306 Leave to allow the reinstatement of forfeited accrued vacation
leave on an employee's anniversary date with justification.
Present Situation:
The current policy states on the employee's anniversary date (date of hire), they will
forFeit any accrued vacation leave which exceeds the maximum carry over as outlined in
the policy. The current policy contains a provision for accrued leave to be carried over
only if an employee's vacation leave was denied.
As COVID-19 restricted employees from traveling during the Stay at Home orders,
vacations were cancelled by tour companies, airlines, etc., and the Town's COVID-19
policy discouraged travel out of state, Human Resources received questions from
employees on the possibility of extending the use of forFeited leave.
Proposal:
To revise Policy 306 Leave to allow for an employee to reinstate up to 80 hours of
forFeited vacation leave. An employee formally request reinstatement and provide
justification for why they were unable to use their leave prior to their anniversary date.
Request must be filed within 30 days of the employee's anniversary date. It is staff's
opinion this would be a rare occurrence.
This change would not allow an employee to continually rollover excess accrued leave
and would only be approved with justification. In addition, the leave carried over would
not be payable to the employee should the employee leave prior to their next
anniversary date. Any accrued leave above the cap on the next anniversary date,
including reinstated leave, would be forfeited.
Advantaqes:
• To provide a method to reinstated vacation leave for employees who are unable to
use leave due to circumstances outside of their control.
15
• Provide employees with vacations planned during COVID a mechanism for
extending the use of their accrued leave.
Disadvantaqes:
• Extending the use of accrued leave may require some employees to be out of the
office on extend leave to ensure they are able to use the reinstated leave and any
additional accrued leave prior to the employee's next anniversary date.
Action Recommended:
Approve the revisions to Policy 306 Leave.
Budqet:
None as the reinstated leave would not be eligible for pay out if the employee leaves
prior to their anniversary date.
Level of Public Interest:
Low
Sample Motion:
I approve/deny the amendments to Policy 306 Leave.
Attachments:
Amended Policy 306 Leave with redlines.
16
Effective Period: Until superceded -
Review Schedule: Annually �
� Effective Date: '��'�,,�;�o'�-Q06/01/2020
References: Governing Policies Manual 3.2, 3.8
;u�
ennni�iicTr�eTiv� cQ�Qv�coHUMAN RESOURCES
306
Leave
1. PURPOSE
The Town recognizes and respects its employees' need for leave time away from work.
Such leave time is important in allowing employees to renew their physical and mental
capabilities and remain productive. To this end, the Town strives to create and maintain
a balanced work schedule for its employees by promoting quality of life through leave
time.
2. POLICY
In accordance with state and federal laws, the Town provides leave time to eligible
employees as set forth in the following procedure. Leave accountability is the
responsibility of the employee and the supervisor.
3. PROCEDURE
a. Reporting Absences and Tardiness
i. Expectations
Employees are expected to report to their place of work every day as scheduled,
unless on approved leave. Time off of any kind must be taken in accordance with
this policy and other applicable Town policies.
ii. Absent or Tardy Notifications
Employees who will be absent or late to work must notify their immediate
supervisor (or the supervisor's designee) as soon as they learn of the need to be
absent or late. Failure to provide prompt notice of an absence or tardiness is an
unapproved absence and may result in disciplinary action.
iii. Process for Reporting Absences or Tardiness
Unless otherwise directed in written departmental work rules, employees must
notify their immediate supervisor no later than fifteen (15) minutes after the start of
the employee's work shift if they will be absent or late. When notifying the
supervisor of the need to be absent or late, the employee must report:
1) The reason for the absence (or tardiness).
2) The date (or time) when the employee expects to return to work.
Document Title Policy 306 - Leave 6/17/20
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iv. Exceptional Circumstances
The Town recognizes that under exceptional circumstances, neither the employee
nor someone on his or her behalf may reasonably be able to call within the time
required. In such a case, the employee or representative must contact the
employee's supervisor as soon as possible after the beginning of the shift. If the
supervisor, at his or her discretion, believes the employee had a compelling reason
which prevented the employee from obtaining prior approval for the absence, or
from calling in on time, the supervisor may approve pay for the period of absence
or tardiness.
b. Vacation Leave
i. Eligibility
Vacation leave is accrued by all full-time, part-time employees and eligible contract
employees. Vacation leave is pro-rated for part time employees (50% for 20-29
hour part-time employees, 75% for 30-39 hour part-time employees).
ii. Amount of Hours Earned
Vacation accrual begins upon initial date of hire and hours are earned for the first
two pay periods of each month according to the schedule below. The date of initial
hire does not change with changes in employment within the Town organization
(i.e. promotions and transfers). However, if an employee leaves employment with
the Town, the initial date of hire will change for the purposes of vacation accrual
should the employee return to work for the Town. The amount of hours earned per
pay period is pro-rated for eligible part-time employees. The maximum vacation
leave carry over allowed is equal to double the amount of hours that can be earned
in a year. An employee moves through the "Years of Service" brackets at the
completion of the final year in the bracket. For example, an employee would move
from the "0 through 3" bracket into the "4 through 7" bracket at the completion of
the employee's third year of service (36 months).
� Years of Service � Hours Earned per Month � Maximum Carry Over �
� 0 through 3 � 8.00 � 192 Hours �
I 4 through 7 � 10.00 � 240 Hours I
� 8 through 15 � 12.00 � 288 Hours �
I 16 or more � 14.00 � 336 Hours I
iii. Amount of Hours Earned by At-Will Employees
� Years of Service � Hours Earned per Month � Maximum Carry Over �
� 0 through 3 � 10.00 � 240 Hours �
I 4 through 7 � 12.00 � 288 Hours I
� 8 through 15 � � 14.00 � � � 336 Hours �
� 16 or more � 16.00 � 384 Hours �
Document Title Policy 306 - Leave 6/17/20
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iv. Authorization of Vacation Leave
1) Vacation leave shall be requested in advance and is granted at the
discretion of each employee's supervisor.
2) Requests for vacation leave may be deferred based upon workload.
Supervisors and Department Directors shall ensure that every effort is made
for the employee to use vacation leave requests previously cancelled due
to department work load.
v. Forfeiting of Vacation Leave
�On the employee's anniversary date (date of hire), they will forFeit any
accrued vacation leave exceeding the maximum carry over articulated in
Section 3.b.ii and 3.b.iii of this policy. 'f �n om^'^„�o'� „�^�+;^n 'o�„o
i�o i�r�n�,r �ohlo +h� r�lr��ioo �niill ho oll �nio� t� norr�i ��ior +hot
..... ...��....�Fupr�crr�.. �rvp B'vccc�cv carr�v�cr-crrai
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ci�r�or�iic�r���i+h +ho n�mrilo�i�ri �f o r�orc�ririol on+i�n f�rm
2) An emplovee mav request reinstatement of forfeited accrued vacation leave
of up to 80 hours for up to one (1) vear from their anniversary date at the
discretion of the Town Administrator. The request must iustify why the
emplovee was unable to use forFeited accrued vacation leave. All reauests
must be submitted within 30 days from the date accrued vacation leave was
forFeited. Reinstated hours shall not be subiect to pavout if the emplovee
terminates employment prior to their next anniversary date.
vi. Use of Vacation Leave
Vacation leave shall be taken in no less than one (1) hour increments. At no time
may an employee have a negative vacation leave balance.
vii.Separation of Employment Payout
Upon separation of employment, an employee receives payment for all accrued
vacation leave. The payment for accrued vacation will be based on the employee's
pay rate at the time of separation. This payment is taxed at the supplemental
earnings rate
c. Holiday Leave
i. Eligibility
Holiday leave is granted to all full-time, part-time employees and eligible contract
employees. Holiday leave is pro-rated for part time employees (50% for 20-29 hour
part-time employees, 75% for 30-39 hour part-time employees).
ii. Holidays Observed
Holiday leave is observed and granted for the following holidays:
� Nominal Date � Holiday �
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Janua 1St New Year's Da
May (Last Monday) Memorial Day
Jul 4t" Inde endence Da
September First Monda Labor Da
November Fourth Thursda ) Thanks iving Day
December 24th Christmas Eve Da
December 25t" Christmas
Holidays that occur on a Saturday will be observed on the preceding Friday, and
those that occur on a Sunday will be observed on the following Monday.
If an employee is not normally scheduled to work on the day that a Town-observed
holiday lands (i.e. a Friday for an employee working a 4/10 schedule), then such
employee shall receive one additional eight (8) hour floating holiday.
If an employee is normally scheduled to work on the day that a Town-observed
holiday lands, and does not work the holiday, such employee receives eight (8)
hours of holiday pay.
iii. Use of Holiday Leave
Holiday leave granted by the Town shall be used in the following manner:
1) Holidays must be taken unless the employee is scheduled to work by the
employee's supervisor.
2) Holidays which occur during an employee's absence due to vacation or
sickness shall not be counted as vacation or sick leave.
3) Employees, other than Department Directors and Police Department
personnel, who are required to work on a holiday will receive pay for the
hours worked as well as holiday pay.
iv. Use of Holiday Leave — Police Department
As the Police Department is required to be staffed on a 24/7/365 basis, Town-
observed holidays will be handled by the Police Department as described below:
1) Non-exempt patrol personnel and non-exempt dispatch personnel will
receive eight (8) hours of straight holiday pay for every holiday, regardless
of whether the day is worked or not. These hours will not count towards
overtime.
2) Non-exempt police personnel on an administrative schedule will receive
eight (8) hours of holiday pay for each Town-observed holiday. These hours
will count towards overtime.
v. Floating Holidays
In addition to the Town-observed holidays above, employees are allotted three (3)
floating holidays to be taken at their discretion, with supervisor approval. Floating
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holidays must be used during the year accrued or they will be forFeited on
December 31St. Floating holidays are pro-rated for new employees. Floating
holidays are pro-rated for part-time employees (50% for 20-29 hour part-time
employees, 75% for 30-39 hour part-time employees).
d. Sick Leave
i. Eligibility
Sick leave is accrued by all full-time, part-time employees and eligible contract
employees. Sick leave is pro-rated for part time employees (50% for 20-29 hour
part-time employees, 75% for 30-39 hour part-time employees).
ii. Amount of Hours Accrued
Sick leave will be accrued at the rate of four (4) hours for the first two bi-weekly
pay periods of each month (pro-rated for eligible part-time employees). Sick leave
accumulation is capped at 480 hours. When any employee accumulates more than
480 hours of sick leave, all excess sick leave will be converted to vacation leave
(on a two-for-one basis) on that employee's anniversary date.
iii. Use of Sick Leave
Sick leave shall be used in the following manner:
1) Sick leave may only be used for:
a. A non-occupational personal illness that renders an employee unable to
perForm their job.
b. Non-occupational, necessary medical, optical, and dental health
examinations and treatments, including reasonable travel time, when
such appointments cannot be scheduled outside of regularly scheduled
work hours.
c. When an employee's family member has a medical appointment or is ill
and requires the care of the employee. For the purposes of this policy,
"family member" is defined as an employee's child, spouse, sibling,
parent, grandparent, or grandchild, including natural, step, in-law, and
foster relatives, regardless of whether or not said relative is living within
the employee's home.
d. For a Family Medical Leave Act (FMLA) qualifying event as outlined in
Policy 311.
e. For a single day, weather-related closure of Town facilities as
determined by the Town Administrator.
2) Sick leave may not be used during a scheduled vacation or compensatory
time off.
Document Title Policy 306 - Leave 6/17/20
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3) Employees who are eligible for holiday time and who are on sick leave
during a designated holiday must record holiday time for that day and not
sick leave. An employee who is scheduled to work on a holiday and
becomes sick must record holiday time only for the day.
4) During paid sick leave under the terms of this policy, all benefits will
continue as though the employee were at work.
5) Sick leave shall be taken in no less than 30-minute increments.
6) At no time may an employee have a negative sick leave balance.
7) A Department Director may require an employee to take sick leave for any
of the reasons specified in 306.3.d(iii)(1).
8) Employees are prohibited from using sick leave except under the
circumstances described above. Employees who, in the Town's judgment,
misuse sick leave are subject to disciplinary action. When there appears to
be a possibility that sick leave is being misused, the Department Director or
supervisor may:
a. Make further inquiry of the employee about past or ongoing use of the
leave time.
b. Require the employee to provide the type of information or submit to
medical examinations as provided in the "Medical Certification" section
of this policy (3.c.vi).
c. Require the employee to provide written medical verification or be seen
by the Town's designated physician in order to use any further sick
leave.
iv. Notice of Brief Absence (3 days or less)
This portion of the leave policy applies to non-occupational absences for brief
illnesses, injuries, and minor medical procedures where the employee reasonably
expects to be absent three (3) days or less, even if the absence ends up being
longer.
1) Employees who need to use sick leave for an unexpected, brief illness or
injury must contact their supervisor within 15 minutes after the beginning of
the shift each day of the absence, or within a time frame set by the
employees' Department Director.
2) Employees who need to be absent for a scheduled medical procedure or
short-term treatment must notify their supervisor as soon as the need for
the absence is scheduled with the health care provider.
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v. Notice of Prolonged Absence (More than 3 Days) or Intermittent Leave
This portion of the leave policy applies to employees who need to be absent for
non-occupational illnesses or medical procedures for more than three days, or who
need to use sick leave intermittently. Employees seeking job protection under the
Family and Medical Leave Act (FMLA) should refer to Policy 311.
vi. Medical Certification
1) The Town reserves the right to require employees to substantiate and/or
document their need for sick leave, whether it is based on their own physical
condition or the condition of an immediate family member.
2) The Town reserves the right to evaluate requests for, and extensions of,
sick leave by consulting with the physician of the employee, or with the
Town's own medical consultants, and retains the right to request that the
employee seek a second opinion of the illness/disability from a physician of
the Town's choice. Employees who request sick leave, or who have used
sick leave, may be required by their supervisor (in consultation with Human
Resources)to provide written verification of the following from the physician
or other health care provider treating the employee:
a. Date on which the condition commenced;
b. Nature and extent of illness or injury, but only as is necessary to
determine the employee's ability to perForm job functions;
c. Probable duration of illness or injury;
d. Confirmation that the employee is unable to perForm essential job
functions;
e. Anticipated date on which the employee may return to work; and/or
f. Release stating that the employee is able to return and perform his
or her duties without endangering the health and safety of
himself/herself or others, and describing restrictions on the
employee's work activities.
3) Any illness or injury of an employee or an employee's immediate family
member requiring an employee to miss more than three (3) regularly
scheduled work days may, at the discretion of the Department Director,
require a physician's statement verifying the condition of the person under
the physician's care.
4) At the end of any sick leave, the Town may require a physician's statement
verifying the employee's fitness to return to work.
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vii.Payment upon separation
A terminating employee that has completed 20 years of continuous service shall
be compensated for fifty percent (50%) of their accumulated sick leave hours. Said
compensation will be computed at the employee's rate of pay at time of
termination. This payment is taxed at the supplemental earnings rate.
e. Family and Medical Leave Act
The Town of Estes Park complies with the Family and Medical Leave Act of 1993, as
amended. The Town posts the mandatory FMLA Notice and, upon hire, provides all
new employees with notices required by the United States Department of Labor(DOL)
on Employee Rights and Responsibility under the Family and Medical Leave Act. For
more details on the Town's compliance with FMLA, please see Policy 311.
f. Jury Duty and Witness Appearance Leave
The Town recognizes jury duty as an important civic obligation. If called to report to
jury duty or required to serve on a jury, an employee will be granted the necessary
time required and will be compensated at his or her regular pay rate.
i. Notification
If an employee is served with a summons to jury duty, the employee must inform
his or her supervisor by the next regular work day and provide a copy of their
summons (in electronic format or otherwise).
ii. Exempt Employee Compensation
Exempt employees will receive their regular wages for regularly scheduled work
hours for jury duty.
iii. Non-Exempt Employee Compensation
Non-exempt employees will receive their regular wages for regularly scheduled
work hours during each of the first three days of jury duty served during regular
work hours. Thereafter, any pay they receive for jury duty is paid by the
governmental entity requesting the employee to participate in the jury service.
iv. Compensation Requirements
The Town has no obligation to pay wages for time spent on jury duty until and
unless the employee's supervisor verifies on the Court website that the employee
was on jury duty during that period.
v. Return to Work
Employees are expected to return to work on any day or portion of a day they are
released from jury duty as reasonable.
vi. Witness Appearance Leave
1) Exempt employees will be paid during time they are subpoenaed or
otherwise required by law to appear as a witness in any personal matter
that overlaps with scheduled work time up to a maximum of two working
days in any 12-month period. To receive this pay, the employee must pay
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to the Town any witness pay received by the employee, excluding mileage
reimbursement. Any further time that an employee is required to appear as
a witness is unpaid by the Town unless the employee chooses to use
accrued paid leave time. A matter is considered personal if, in the discretion
of the supervisor, it is not directly related to the employee's essential job
functions. An employee's appearance as a witness in non-personal matters
is considered regular working time and will be compensated accordingly.
2) Non-exempt employees will be granted all necessary time off when required
to appear as a witness in personal matters, but such time is unpaid by the
Town unless the employee chooses to use accrued paid leave time. An
employee's appearance as a witness in non-personal matters is considered
regular working time and will be compensated accordingly.
g. Voting Leave
i. Eligibility
To qualify for voting leave, employees must:
1) Be a registered, eligible elector entitled to vote at an election.
2) Advise their manager of the leave of absence prior to the day of the election.
3) Have less than three (3) hours between the time the polls open and the time
the polls close during which they are not required to be on the job for the Town.
ii. Benefit
Eligible employees shall be entitled to up to two hours off, with pay, for the purpose
of voting on the day of the election during the time the polls are open. The Town
may specify the hours during which the employee may be absent.
h. Workers' Compensation
The Town complies with all applicable federal and state laws pertaining to Workers'
Compensation. Employees who are injured on the job may be eligible for leave time
and other benefits. Any employee who suffers an occupational injury must report the
injury to Human Resources and follow the incident reporting policy. Questions about
workers' compensation should be directed to Human Resources.
i. Military Leave
i. Eligibility
All Town employees, regardless of employment category, are eligible to take
military leave for active duty or active or inactive duty training if they are members
of the reserves or enlisted in any branch of the United States Armed Forces, or are
members of the National Guard of any state in the United States. Employees must
present official documentation of the military duty prior to the leave and upon
returning from leave.
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ii. Length of Paid Military Leave
1) Employees are provided with paid leave for a maximum of 15 working days
(120 hours for full-time employees, pro-rated for less than full-time
employees) per calendar year for active duty or active or inactive duty
training with the National Guard or any branch of the United States Armed
Forces. If the intermittent schedule of a part-time employee makes it difficult
to determine the number of hours the employee would have worked during
the leave period for proration purposes, the number of hours the employee
actually worked during the 21 calendar day immediately preceding the leave
shall be used to calculate the maximum length of the paid military leave.
2) After exhausting the 15 days of paid military leave, an employee may
choose to use accrued vacation time, compensatory time, accrued but
unused holiday time, and/or take leave without pay for active duty or active
or inactive duty training with the National Guard or any branch of the United
States Armed Forces. If an employee chooses to use the above described
accrued paid leave, such use must be at the rate of 40 hours per week
(prorated for part-time employees based on their FTE) and can only be used
during the initial portion of the leave. Once the leave becomes unpaid, and
employee cannot begin using accrued paid leave. An employee may not
use any other type of paid leave during military leave, including, but not
limited to, sick leave or injury leave.
iii. Continuation of Medical, Dental, and Vision Insurance
1) After the first 30 continuous calendar days of unpaid leave for active military
service, the Town-sponsored medical, dental, and vision insurance for the
employee and covered dependents will terminate. After coverage
terminates, the employee may elect to continue coverage at his or her own
expense, and will be provided with detailed notice of the right to continue
coverage.
2) Employees who are reinstated after completing active duty or active or
inactive duty training will be eligible for immediate coverage under any
applicable medical insurance plans existing at the time without a waiting
period.
iv. Retirement Plans
Employees who are participants in any Town-sponsored retirement plan will
continue to accrue service credits during military leave, and such leave will not
constitute a break in service, so long as the employee complies with requirements
for reinstatement after completing active duty or active or inactive duty training.
v. Life and Disability Insurance
After the first 30 continuous calendar days of unpaid leave for active military
service, coverage under the life and disability insurance plans sponsored by the
Town will terminate. These plans may contain limitations on coverage for death
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and disabilities which occur during a declared or undeclared war. For more
information about the policy provisions of these plans, contact Human Resources
for a copy of the summary plan descriptions or policies.
vi. Reinstatement
When all of the following conditions for reinstatement are met, an employee will be
reinstated to the same position they had at the time the military leave commenced,
or to a position of like status and pay, provided that:
1) The cumulative period of military service was no longer than five years,
unless a longer period is required by federal or state law.
2) The individual employee must return to work, or apply in writing, for
reinstatement in a timely manner as defined by federal and state law. While
these laws contain exceptions which could extend the time an employee
has to return to work, they generally define timely manner as follows:
a. Military service time of less than 31 days: reporting for work the next
regularly scheduled work day following safe travel time plus eight (8)
hours.
b. Military service time of more than 30 days but less than 181 days:
submitting an application for reinstatement within 14 days after
release from military service.
c. Military service time of more than 180 days: submitting an
application or reinstatement within 90 days after release from military
service.
3) The employee must provide documentation from the National Guard or United
States Armed Forces that he or she honorably completed military service or
active or inactive duty training, such as discharge papers.
4) An employee has the same right to reinstatement as if he or she had been
continuously employed during the leave period. For example, the employee is
not eligible for reinstatement if the job for which he or she was hired was for a
specific time period which expired, or for a project which was completed during
the absence, or if the position has been eliminated.
5) The employee is qualified to perform the duties of the pre-service position. If
the employee is no longer qualified to perForm the job with reasonable
accommodations, he or she will be re-employed in another existing job that he
or she is capable of perForming.
j. Administrative Leave
i. Imposition of Administrative Leave
1) All Town employees, regardless of employment category, may be placed
on administrative leave at any time, with or without cause or notice, at the
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sole discretion of the Town Administrator. Placement on administrative
leave is not disciplinary in nature. Circumstances under which such a leave
may occur include, but are not limited to, the following:
a. To make inquiries into or investigate a work-related matter;
b. To remove the employee from the workplace pending a
determination of job action;
c. To protect the employee;
d. To protect the public;
e. To protect other employees or property in the workplace; or
f. To further any other work-related or business-related purpose.
2) Unless it would harm an administrative or criminal investigation, and after
consultation with Human Resources, the supervisor or manager shall place an
employee on administrative leave as soon reasonably practical upon
determination that such leave is appropriate under Section 306.j.ii of this policy.
ii. Paid and Unpaid Administrative Leave
1) Administrative leave shall be with pay except under that following
circumstances, in which case administrative leave may be without pay:
a. The employee has been formally charged or indicted for a felony or
misdemeanor and:
i. The employee occupies a position of public trust and public
visibility; or
ii. The felony or misdemeanor relates to the perFormance of the
employee's official duties
b. The employee has been formally charged or indicted for a crime of
theft, a sex offense, or an offense that involves minors.
2) Before an employee is placed on unpaid administrative leave, the employee
must be provided with a pre-determination hearing pursuant to Policy 308
for the purpose of providing the employee with the opportunity to be heard
and present information concerning whether or not there are reasonable
grounds to support the placement on unpaid administrative leave.
3) During paid administrative leave, an employee will continue to receive their
regular, straight-time wages and benefits based on their position's
designated FTE. An employee eligible for holiday time and on paid
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administrative leave during a designated holiday will receive holiday pay for
that day in lieu of pay for administrative leave.
iii. Employee Required to Remain Available
An employee on paid or unpaid administrative leave must remain available during
their regular working hours, and be available to return to work within one (1) day if
requested to do so. This means that an employee on administrative leave may not
consider the leave time as vacation or personal time. The employee must provide
his or her supervisor with telephone numbers where he or she can be reached
during regular working hours and must promptly return calls from the supervisor or
Human Resources. In addition, the employee must obtain the prior permission of
the supervisor and use accrued vacation time, compensatory time, or other leave
time in order to be out of contact with his or her supervisor for longer than a single
workday.
iv. Employee Restrictions during Administrative Leave
During administrative leave, an employee may not contact other employees or be
at the work site unless directed to do so by their supervisor.
k. Bereavement Leave
i. Eligibility
In the event of a death in an employee's immediate family (defined in Section iii
below), the Department Director may authorize paid leave of up to 40 hours for
full-time employees to manage family affairs and attend the funeral. Part-time
employees may be authorized paid leave at a prorated rate of 20 hours for an
employee working on average 20 — 29 hours and 30 hours for an employee
working on average 30 — 39 hours by their Department Director.
ii. Requesting Bereavement Leave
In order to request bereavement leave, an employee shall submit a written request
to his or her Department Director, who shall approve, deny, or reduce of leave
requested by the employee. In authorizing any requests for bereavement leave,
consideration shall be given to the distance to be travelled and personal demands
placed on the employee.
iii. Immediate Family
For the purposes of bereavement leave, the Town defines "Immediate Family" to
include a spouse, a child, a parent, a parent in-law, a sibling, a brother or sister in-
law, a grandparent, a grandchild, a stepparent, a stepchild, a stepbrother, a
stepsister, a legal guardian, or a person with whom the employee shares a
household with in a personal relationship.
I. Domestic Violence Leave
The Town complies with C.R.S. 24-34-402.7 as it relates to leave for victims of
domestic violence. An employee eligible for leave under C.R.S. 24-34-402.7 will
receive up to three (3) working days of unpaid leave from work in any twelve-month
period.
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m. Emergency Volunteer Service Leave
The Town complies with C.R.S. 24-33.5-801 through C.R.S. 24-33.5-828 as it pertains
to emergency volunteer service leave for employees.
n. Volunteer Firefighter Leave
The Town complies with C.R.S. 31-30-1131 as it pertains to the employment of
volunteer firefighters.
o. Volunteer Leave
The purpose is to create community engagement opportunities for Town staff that
support the Estes Valley. In addition, the Town recognizes that participating in
volunteer projects and encouraging philanthropy will also enrich and inspire the lives
of our employees and build strong work teams. Activities perFormed in the use of
Volunteer Leave are considered personal in nature and not representative of the
Town.
i. Eligibility: Eight hours is granted to all full-time and part-time employees
annually. Volunteer leave is pro-rated for part-time employees (50% for 20 - 29-
hour part-time employees, 75% for 30 - 39-hour part-time employees).
ii. Ineligibility:
1) Employees are ineligible if their employment terminates for any reason.
2) If the Volunteer leave program is discontinued for any reason, all leave
previously granted and unused will become null and void.
3) The Town reserves the right to modify, amend, suspend or discontinue the
program at any time without prior notice.
4) The Town reserves the right to revoke previous approval if it is determined
the employee is misusing the program.
iii. Leave Authorization:
1) Volunteer leave shall be requested in advance and is granted at the discretion
of each employee's supervisor.
2) Employees must receive the approval of their supervisor for the use of volunteer
leave. It is the responsibility of the supervisor to ensure the leave approved is in
compliance with the requirements of this policy.
2) Work demands shall take priority over the volunteer leave request.
3) Volunteer leave may be used individually or with other employees as a team
volunteer activity.
4) Volunteer leave shall not be used in the computation of overtime and
compensatory time.
iv. Use of Volunteer Leave:
1) Volunteer leave must be used during the year accrued or it will be forFeited on
December 31 St
2) Employees will be paid at their regular wage for volunteer leave hours.
3) Following the use of volunteer leave, the employee must enter the time into
Paylocity using the Volunteer Leave code and insert a note regarding the
project.
4) Examples of appropriate volunteer leave include but are not limited to:
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a. Working with an organization to clean up a road or trail.
b. Performing restoration work in a natural area.
c. Volunteering at a food bank.
d. Participating in childhood mentoring or educational programs.
5) Examples of inappropriate volunteer leave include but are not limited to:
a. Taking a ski vacation and charitably giving ski lessons.
b. Attending your child's PTA conference.
c. Canvassing for a political campaign.
d. Religious, professional, or political activities.
e. Town events associated with an employee's normal job duties per the Fair
Labor Standards Act (FLSA).
6) Volunteer Leave may be used in one day or spread over the calendar year in
one (1) hour increments, depending on the work needs of the employee's
department and supervisor approval.
7) Volunteer Leave shall be used for nonprofits and taxing districts within the
Park R-3 School District boundary. The organization must serve the Estes
Valley.
8) Situations not addressed in this policy would require the approval of the Town
Administrator.
p. Education Leave
Eligible employees, when necessary, and upon approval of the Department Director,
may be granted a maximum of four hours per week of paid educational leave to attend
classes (see Policy 305.f for more information). For the purposes of this policy, Town-
sponsored and/or mandatory training is not considered education leave.
q. Leave without Pay
i. Eligibility
Any full-time, part-time employee and contract employee in good standing is
eligible for leave without pay.
ii. Benefit
When in the best interests of the Town and the employee, the Town Administrator
may grant a leave without pay to any eligible employee for a period of up to three
(3) months. Such leave shall not constitute a break in employment, and the
employee shall return to his or her position at the expiration of the leave period.
Temporary help may be obtained during the employee's absence.
iii. Interaction with other Benefits
Annual and sick leave shall not accrue while the employee is on leave without pay.
Failure to return to work at the expiration of a leave of absence shall be considered
a resignation. If applicable, leave without pay may run concurrently with FMLA
leave subject to required medical certification. The employee will be responsible
for all insurance premiums, and must pay these in advance of leave.
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iv. Requesting Leave without Pay
In order to request a leave without pay, an employee shall submit a written request
to his or her Department Director. Requests for leave without pay will be
considered in the following manner:
1) If the request is for two (2) days or less, and will not exceed the two (2) days
per month limitation, the Department Director may approve, deny, or
change the requested leave.
2) If the request is for three (3) or more days, or if the two (2) days per month
limitation is to be exceeded, the Department Director shall forward this
request to Human Resources and the Town Administrator along with a
recommendation to approve, deny, or change the requested amount of
leave. In this case, the Town Administrator makes the final determination
on whether to approve, deny, or change the requested amount of leave
without pay.
Approved:
� �e��-�i�saWendv Koenia, Mayor
Date
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32
T��N oF ESTES PARI
Memo •
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: June 23, 2020
RE: Resolution 33-201ntergovernmental Agreement with CDOT for Fiscal Year
2020 Certifications and Assurances as required by the Federal Transit
Administration for funding recipients.
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Public Works staff seeks approval of Resolution 33-20, approving an Intergovernmental
Agreement (IGA) with the Colorado Department of Transportation (CDOT) for Fiscal
Year 2020 Certifications and Assurances required by the Federal Transit Administration
(FTA) for recipients of FTA funding for public transportation.
Present Situation:
Before the FTA may award federal assistance for public transportation in the form of a
federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-
award Certifications and Assurances are required. CDOT has requested that each
transit program review the FTA's Certification and Assurance overview and select those
categories that will apply to any application for which the agency (Town) might seek or
receive federal assistance from FTA during the fiscal year listed (FY 2020).
Staff are bringing these certifications to the Town Board for approval as an
intergovernmental agreement.
Proposal:
Public Works staff propose the that Town Board authorize the Parking & Transit
Manager to complete CDOT's request on behalf of the Town and submit the FY 2020
Certifications and Assurances using CDOT's online document management portal
COTRAMS.
33
Advantaqes:
• By completing the requested FY 2020 Certifications and Assurances the Town will ensure
that it remains in compliance with State and Federal requirements for agencies that receive
grant funding for public transportation projects.
Disadvantaqes:
• Without authorization to complete the requested FY 2020 Certifications and Assurances the
Town would not be eligible to receive FTA grant funding, which could jeopardize both
reimbursement for the Town's first electric trolley and an existing grant application for a
trolley barn.
Action Recommended:
Staff recommend approval of Resolution 33-20.
Finance/Resource Impact:
This item does not require funding or resources from the Town.
Level of Public Interest
Public interest in this item is low.
Sample Motion:
I move to approve/deny Resolution 33-20.
Attachments:
33-20 Resolution
FY 2020 FTA Certification and Assurances Overview
34
RESOLUTION 33-20
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2020 CERTIFICATIONS
AND ASSURANCES AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION
(FTA) FOR RECEIPIENTS OF FTA FUNDING FOR PUBLIC TRANSPORTATION
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of receiving grant
funding for public transportation in Estes Park from the Federal Transit Administration.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
35
Certifications and Assurances Fiscal Year 2020
Not every provision of every certification will apply to every applicant or award. If a provision
of a certification does not apply to the applicant or its award, FTA will not enforce that
provision. Refer to FTA's accompanying Instr�uctions document for more information.
Text in italics is guidance to the public. It does not have the force and effect of law, and is not
meant to bind the public in any way. It is intended only to provide clarity to the public regarding
existing requirements under the law or agency policies.
CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY
APPLICANT.
All applicants must make the certifications in this category.
1.1. Standard Assurances.
The certifications in this subcategory appear as part of the applicant's registration or annual
registration renewal in the System for Award Management (SAM.gov) and on the Office of
Management and Budget's standard form 424B `Assurances Non-Constr�uction Programs".
This certification has been modified in places to include analogous certifications required by
U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Has the legal authority to apply for Federal assistance and the institutional, managerial
and financial capability(including funds sufficient to pay the non-Federal share of project
cost) to ensure proper planning, management and completion of the project described in
this application.
(b) Will give the awarding agency, the Comptroller General of the United States and, if
appropriate, the State, through any authorized representative, access to and the right to
examine all records, books,papers, or documents related to the award; and will establish
a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
(c) Will establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational conflict of
interest, or personal gain.
(d) Will initiate and complete the work within the applicable time frame after receipt of
approval of the awarding agency.
(e) Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728—
4763)relating to prescribed standards for merit systems for programs funded under one
of the 19 statutes or regulations specified in AppendiX A of OPM's Standards for a Merit
System of Personnel Administration (5 C.F.R. 900, Subpart F).
1 36
Certifications and Assurances Fiscal Year 2020
(� Will comply with all Federal statutes relating to nondiscrimination. These include but are
not limited to:
(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin, as effectuated by U.S.
DOT regulation 49 C.F.R. Part 21;
(2) Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681—
1683, and 1685-1686), which prohibits discrimination on the basis of seX, as
effectuated by U.S. DOT regulation 49 C.F.R. Part 25;
(3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any
person being excluded from participating in, denied a benefit of, or discriminated
against under, a project,program, or activity receiving financial assistance from
FTA because of race, color, religion, national origin, seX, disability, or age.
(4) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794),
which prohibits discrimination on the basis of handicaps, as effectuated by U.S.
DOT regulation 49 C.F.R. Part 27;
(5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107),
which prohibits discrimination on the basis of age;
(6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse;
(7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism;
(8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290
dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records;
(9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental, or financing of housing;
(10) Any other nondiscrimination provisions in the specific statute(s)under which
application for Federal assistance is being made; and,
(11) the requirements of any other nondiscrimination statute(s) which may apply to the
application.
(g) Will comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
("Uniform Act") (P.L. 91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally-assisted
programs. These requirements apply to all interests in real property acquired for project
purposes regardless of Federal participation in purchases. The requirements of the
Uniform Act are effectuated by U.S. DOT regulation 49 C.F.R. Part 24.
2 37
Certifications and Assurances Fiscal Year 2020
(h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508
and 7324-7328) which limit the political activities of employees whose principal
employment activities are funded in whole or in part with Federal funds.
(i) Will comply, as applicable, with the provisions of the Davis—Bacon Act(40 U.S.C.
§§ 276a to 276a-7), the Copeland Act(40 U.S.C. § 276c and 18 U.S.C. § 874), and the
Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 327-333),regarding labor
standards for federally assisted construction subagreements.
(j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)
of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a
special flood hazard area to participate in the program and to purchase flood insurance if
the total cost of insurable construction and acquisition is $10,000 or more.
(k) Will comply with environmental standards which may be prescribed pursuant to the
following:
(1) Institution of environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and EXecutive Order(EO)
11514;
(2) Notification of violating facilities pursuant to EO 11738;
(3) Protection of wetlands pursuant to EO 11990;
(4) Evaluation of flood hazards in floodplains in accordance with EO 11988;
(5) Assurance of project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451
et seq.);
(6) Conformity of Federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended(42 U.S.C. §§ 7401 et
seq.);
(7) Protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and
(8) Protection of endangered species under the Endangered Species Act of 1973, as
amended(P.L. 93-205).
(1) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)
related to protecting components or potential components of the national wild and scenic
rivers system.
(m) Will assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic
Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.).
(n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
(o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended,
7 U.S.C. §§ 2131 et seq.)pertaining to the care, handling, and treatment of warm blooded
3 38
Certifications and Assurances Fiscal Year 2020
animals held for research, teaching, or other activities supported by this award of
assistance.
(p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of
residence structures.
(q) Will cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and 2 C.F.R. Part 200, Subpart F, "Audit
Requirements", as adopted and implemented by U.S. DOT at 2 C.F.R. Part 1201.
(r) Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations, and policies governing the program under which it is applying for assistance.
(s) Will comply with the requirements of Section 106(g) of the Trafficking Victims
Protection Act (TVPA) of 2000, as amended(22 U.S.C. § 7104) which prohibits grant
award recipients or a sub-recipient from:
(1) Engaging in severe forms of trafficking in persons during the period of time that
the award is in effect;
(2) Procuring a commercial sex act during the period of time that the award is in
effect; or
(3) Using forced labor in the performance of the award or subawards under the
award.
1.2. Standard Assurances: Additional Assurances for Construction Projects.
This certification appears on the Office of Management and Budget's standard form 424D
Assurances—Construction Programs" and applies specifically to federally assisted projects for
constr�uction. This certification has been modified in places to include analogous certifications
required by U.S. DOT statutes or regulations.
As the duly authorized representative of the applicant, you certify that the applicant:
(a) Will not dispose of, modify the use of, or change the terms of the real property title or
other interest in the site and facilities without permission and instructions from the
awarding agency; will record the Federal awarding agency directives; and will include a
covenant in the title of real property acquired in whole or in part with Federal assistance
funds to assure nondiscrimination during the useful life of the project.
(b) Will comply with the requirements of the assistance awarding agency with regard to the
drafting,review, and approval of construction plans and specifications.
(c) Will provide and maintain competent and adequate engineering supervision at the
construction site to ensure that the complete work confirms with the approved plans and
specifications, and will furnish progressive reports and such other information as may be
required by the assistance awarding agency or State.
4 39
Certifications and Assurances Fiscal Year 2020
1.3. Procurement.
The Uniform Administrative Requirements, 2 C.F.R. 200.324, allow a recipient to self-certify
that its procurement system complies with Federal requirements, in lieu of submitting to certain
pre procurement reviews.
The applicant certifies that its procurement system complies with:
(a) U.S. DOT regulations, "Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards," 2 C.F.R. Part 1201, which incorporates by
reference U.S. OMB regulatory guidance, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards," 2 C.F.R. Part 200,particularly
2 C.F.R. §§ 200.317-200.326 "Procurement Standards;
(b) Federal laws, regulations, and requirements applicable to FTA procurements; and
(c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance.
1.4. Suspension and Debarment.
Pursuant to Executive Order 12549, as implemented at 2 C.F.R. Parts 180 and 1200,prior to
entering into a covered transaction with an applicant, FTA must determine whether the applicant
is excluded from participating in covered non procurement transactions. For this purpose, FTA
is authorized to collect a certification from each applicant regarding the applicant's exclusion
status. 2 C.F.R. � 180.300. Additionally, each applicant must disclose any information required
by 2 CF.R. � 180.335 about the applicant and the applicant's principals prior to entering into
an award agreement with FTA. This certification serves both purposes.
The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its
principals:
(a) Is not presently debarred, suspended,proposed for debarment, declared ineligible, ar
voluntarily or involuntarily excluded from covered transactions by any Federal
department or agency;
(b) Has not, within the preceding three years, been convicted of or had a civil judgment
rendered against him or her for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction; violation of Federal or State antitrust statutes, including those proscribing
price fixing between competitors, allocation of customers between competitors, and bid
rigging; commission of embezzlement, theft, forgery,bribery, falsification or destruction
of records, making false statements, tax evasion,receiving stolen property, making false
claims, or obstruction of justice; or commission of any other offense indicating a lack of
business integrity or business honesty;
5 40
Certifications and Assurances Fiscal Year 2020
(c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(Federal, State, or local) with commission of any offense described in paragraph
(b) of this certification;
(d) Has not, within the preceding three years, had one or more public transactions (Federal,
State, or local) terminated for cause or default.
1.5. Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment.
The applicant certifies that, consistent with Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018),beginning on and after
August 13, 2020, it will not use assistance awarded by FTA to procure or obtain, extend or renew
a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure
or obtain "covered telecommunications equipment or services" (as that term is defined in Section
889 of the Act) if such equipment or services will be used as a substantial or essential component
of any system or as critical technology as part of any system.
CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS
Beginning on July 20, 2020, this certification is required of each applicant under the Urbanized
Area Formula Grants Program (49 U.S.C. �5307), each rail operator that is subject to FTA's
state safety oversight programs, and each State that is required to draft and certify a public
transportation agency safety plan on behalf of a small public transportation provider pursuant to
49 C.F.R. � 673.11(d). This certification is required by 49 C.F.R. �' 673.13.
This certification does not apply to any applicant that receives financial assistance fi^om FTA
exclusively under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C.
�5310), the Formula Grants for Rural Areas Program (49 U.S.C. �5311), or combination of
these two programs.
An applicant may make this certification only after fu�lling its safety planning requirements
under 49 C.F.R. Part 673. If an applicant is making its fiscal year 2020 certifications prior to
completing its requirements under 49 C.F.R. Part 673, it will make all other applicable
certifications except this certification; the applicant may add this certification after it has
fulfilled its requirements under 49 C.F.R. Part 673. FTA's regional offices and headquarters
Office of Ti^ansit Safety and Oversight will provide support for incorporating this certification in
2020.
On and after July 20, 2020, FTA will not process an application from an applicant required to
make this certification unless the applicant has made this certification.
6 41
Certifications and Assurances Fiscal Year 2020
If the applicant is an operator, the applicant certifies that it has established a public transportation
agency safety plan meeting the requirements of 49 C.F.R. Part 673.
If the applicant is a State, the applicant certifies that:
(a) It has drafted a public transportation agency safety plan for each small public
transportation provider within the State, unless the small public transportation
provider provided notification to the State that it was opting-out of the State-drafted
plan and drafting its own public transportation agency safety plan; and
(b) Each small public transportation provider within the state has a public transportation
agency safety plan that has been approved by the provider's Accountable Executive
(as that term is defined at 49 C.F.R. § 673.5) and Board of Directors or Equivalent
Authority(as that term is defined at 49 C.F.R. § 673.5).
CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS.
If the applicant is a business association (regardless of for profit, not for profit, or tax exempt
status), it must make this certification. Federal appropriations acts since at least 2014 have
prohibited FTA from using funds to enter into an agreement with any corporation that has
unpaid Federal tax liabilities or recent felony convictions without first considering the
corporation for debarment. E.g., Consolidated Appropriations Act, 2020, Pub. L. 116-93, div. C,
title VII, �� 744-745. U.S. DOT Order 4200.6 defines a "corporation"as "any private
corporation,partnership, tr�ust,joint-stock company, sole proprietorship, or other business
association", and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT
Order 4200.6, FTA requires each business association applicant to certify as to its tax and
felony status.
If the applicant is a private corporation,partnership, trust,joint-stock company, sole
proprietorship, or other business association, the applicant certifies that:
(a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement with the authority responsible for collecting
the tax liability; and
(b) It has not been convicted of a felony criminal violation under any Federal law within the
preceding 24 months.
CATEGORY 4. LOBBYING.
If the applicant will apply for a grant or cooperative agreement exceeding$100,000, or a loan,
line of credit, loan guarantee, or loan insurance exceeding$1 S0,000, it must make the following
7 42
Certifications and Assurances Fiscal Year 2020
certification and, if applicable, make a disclosure regarding the applicant's lobbying activities.
This certification is required by 49 CF.R. �20110 and app. A to that part.
This certification does not apply to an applicant that is an Indian Tribe, Indian organization, o�
an Indian tribal organization exempt fi^om the requirements of 49 C.F.R. Part 20.
4.1. Certi�cation for Contracts, Grants, Loans, and Cooperative Agreements.
The undersigned certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the eXtension, continuation,renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure.
4.2. Statement for Loan Guarantees and Loan Insurance.
The undersigned states, to the best of his ar her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this commitment
providing for the United States to insure or guarantee a loan, the undersigned shall complete and
g 43
Certifications and Assurances Fiscal Year 2020
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
Submission of this statement is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
CATEGORY 5. PRIVATE SECTOR PROTECTIONS.
If the applicant will apply for funds that it will use to acquire or operate public transportation
facilities or equipment, the applicant must make the following certification regarding protections
for the private sector.
5.1. Charter Service Agreement.
To enforce the provisions of 49 U.S.C. �5323(d), FTA 's charter service regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following Charter Service Agreement.
49 C.F.R. � 604.4.
The applicant agrees that it, and each of its subrecipients, and third party contractors at any level
who use FTA-funded vehicles, may provide charter service using equipment or facilities
acquired with Federal assistance authorized under the Federal Transit Laws only in compliance
with the regulations set out in 49 C.F.R. Part 604, the terms and conditions of which are
incorporated herein by reference.
5.2. School Bus Agreement.
To enforce the provisions of 49 U.S.C. �5323(fi, FTA's school bus regulation requires each
applicant seeking assistance from FTA for the purpose of acquiring or operating any public
transportation equipment or facilities to make the following agreement regarding the provision
of school bus services. 49 CF.R. � 60515.
(a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.11 to
engage in school bus operations, the applicant agrees and certifies as follows:
(1) The applicant and any operator of project equipment agrees that it will not engage
in school bus operations in competition with private school bus operators.
(2) The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement,part 605 of the Federal
Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of
1973 (49 U.S.C. 1602a(b)).
9 44
Certifications and Assurances Fiscal Year 2020
(b) If the applicant is authorized or obtains authorization from the FTA Administrator to
engage in school bus operations under 49 C.F.R. § 605.11, the applicant agrees as
follows:
(1) The applicant agrees that neither it nor any operator of project equipment will
engage in school bus operations in competition with private school bus operators
except as provided herein.
(2) The applicant, or any operator of proj ect equipment, agrees to promptly notify the
FTA Administrator of any changes in its operations which might jeopardize the
continuation of an exemption under § 605.11.
(3) The applicant agrees that it will not engage in any practice which constitutes a
means of avoiding the requirements of this agreement,part 605 of the Federal
Transit Administration regulations or section 164(b) of the Federal-Aid Highway
a�t of 19�3 �49 u.s.c. 16o2a�b��.
(4) The applicant agrees that the project facilities and equipment shall be used for the
provision of mass transportation services within its urban area and that any other
use of project facilities and equipment will be incidental to and shall not interfere
with the use of such facilities and equipment in mass transportation service to the
public.
CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN.
If the applicant owns, operates, or manages capital assets used to provide public transportation,
the following certification is required by 49 U.S.C. �5326(a).
The applicant certifies that it is in compliance with 49 C.F.R. Part 625.
CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING.
7.1. Rolling Stock Buy America Reviews.
If the applicant will apply for an award to acquire rolling stock for use in revenue service, it
must make this certification. This certification is required by 49 CF.R. � 663.7.
The applicant certifies that it will conduct or cause to be conducted the pre-award and post-
delivery audits prescribed by 49 C.F.R. Part 663 and will maintain on file the certifications
required by Subparts B, C, and D of 49 C.F.R. Part 663.
7.2. Bus Testing.
If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus
model with a major change in configuration or components, the applicant must make this
certification. This certification is required by 49 C.F.R. � 665.7.
10 45
Certifications and Assurances Fiscal Year 2020
The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus
received a passing test score as required by 49 C.F.R. Part 665. The applicant has received or
will receive the appropriate full Bus Testing Report and any applicable partial testing reports
before final acceptance of the first vehicle.
CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM.
If the applicant will apply for an award under the Urbanized Area Formula Grants Program
(49 U.S.C. �5307), or any other program or award that is subject to the requirements of
49 U.S.C. �5307, including the Formula Grants for the Enhanced Mobility of Seniors Program
(49 U.S.C. ,�5310); `flex funds"from infrastructure programs administered by the Federal
Highways Administration (see 49 U.S.C. ,�5334(i));projects that will receive an award
authorized by the Transportation Infrastructure Finance and Innovation Act ("TIFIA')
(23 U.S.C. �'�' 601-609) or State Infrastr�ucture Bank Program (23 U.S.C. � 610) (see 49 U.S.C.
�5323(0));formula awards or competitive awards to urbanized areas under the Grants for
Buses and Bus Facilities Program (49 U.S.C. �5339(a) and (b)); or low or no emission awards
to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. �5339(c)), the
applicant must make the following certification. This certification is required by 49 U.S.C.
�5307(c)(1).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out the program of
projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects
of the program;
(b) Has or will have satisfactory continuing control over the use of equipment and facilities;
(c) Will maintain equipment and facilities in accordance with the applicant's transit asset
management plan;
(d) Will ensure that, during non-peak hours for transportation using or involving a facility or
equipment of a project financed under this section, a fare that is not more than 50 percent
of the peak hour fare will be charged for any—
(1) Senior;
(2) Individual who,because of illness, injury, age, congenital malfunction, or any
other incapacity or temporary or permanent disability(including an individual
who is a wheelchair user or has semi-ambulatory capability), cannot use a public
transportation service or a public transportation facility effectively without special
facilities,planning, or design; and
(3) Individual presenting a Medicare card issued to that individual under title II or
XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.);
(e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C.
§§ 5323 (general provisions) and 5325 (contract requirements);
11 46
Certifications and Assurances Fiscal Year 2020
(� Has complied with 49 U.S.C. § 5307(b) (program of projects requirements);
(g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d)
(cost sharing);
(h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning);
(i) Has a locally developed process to solicit and consider public comment before raising a
fare or carrying out a major reduction of transportation;
(j) Either—
(1) Will expend for each fiscal year for public transportation security projects,
including increased lighting in or adjacent to a public transportation system
(including bus stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system,providing an
emergency telephone line to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project intended to increase the
security and safety of an eXisting or planned public transportation system, at least
1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C.
§ 5336; or
(2) Has decided that the expenditure for security projects is not necessary;
(k) In the case of an applicant for an urbanized area with a population of not fewer than
200,000 individuals, as determined by the Bureau of the Census, will submit an annual
report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for
associated transit improvements as defined in 49 U.S.C. § 5302; and
(1) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan).
CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS.
If the applicant will apply for funds made available to it under the Formula Grants for Rural
Areas Program (49 U.S.C. �5311), it must make this certification. Paragraph (a) of this
certification helps FTA make the determinations required by 49 U.S.C. ,� 5310(b)(2)(C).
Paragraph (b) of this certification is required by 49 U.S.C. ,�5311(�(2). Paragraph (c) of this
certification, which applies to funds apportioned for the Appalachian Development Public
Ti^ansportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C.
�5311(c)(2)(D).
(a) The applicant certifies that its State program for public transportation service projects,
including agreements with private providers for public transportation service—
(1) Provides a fair distribution of amounts in the State, including Indian reservations;
and
(2) Provides the maximum feasible coordination of public transportation service
assisted under 49 U.S.C. § 5311 with transportation service assisted by other
Federal sources; and
12 47
Certifications and Assurances Fiscal Year 2020
(b) If the applicant will in any fiscal year expend less than 15% of the total amount made
available to it under 49 U.S.C. § 5311 to carry out a program to develop and support
intercity bus transportation, the applicant certifies that it has consulted with affected
intercity bus service providers, and the intercity bus service needs of the State are being
met adequately.
(c) If the applicant will use for a highway project amounts that cannot be used for operating
eXpenses authorized under 49 U.S.C. § 53ll(c)(2) (Appalachian Development Public
Transportation Assistance Program), the applicant certifies that—
(1) It has approved the use in writing only after providing appropriate notice and an
opportunity for comment and appeal to affected public transportation providers;
and
(2) It has determined that otherwise eligible local transit needs are being addressed.
CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE
EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT
PROGRAM.
If the applicant will apply for an award under any subsection of the Fixed Guideway Capital
Investment Program (49 U.S.C. �5309), including an award made pursuant to the FAST Act's
Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A,
title III, �3005(b)), the applicant must make the following certification. This certification is
required by 49 U.S.C. �5309(c)(2) and Pub. L. 114-94, div. A, title III, �3005(b)(3)(B).
The applicant certifies that it:
(a) Has or will have the legal, financial, and technical capacity to carry out its Award,
including the safety and security aspects of that Award,
(b) Has or will have satisfactory continuing control over the use of equipment and facilities
acquired or improved under its Award.
(c) Will maintain equipment and facilities acquired or improved under its Award in
accordance with its transit asset management plan; and
(d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304
(statewide and nonmetropolitan transportation planning).
CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO
EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS.
If the applicant is in an urbanized area and will apply for an award under subsection (a)
(formula grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus
Facilities Program (49 U.S.C. �5339), the applicant must make the certification in Category 8
for Urbanized Area Formula Grants (49 U.S.C. ,�5307). This certification is required by
49 U.S.C. �5339(a)(3) and(b)(6), respectively.
13 48
Certifications and Assurances Fiscal Year 2020
If the applicant is in a rural area and will apply for an award under subsection (a) (formula
grants) or subsection (b) (competitive grants) of the Grants for Buses and Bus Facilities
Program (49 U.S.C. ,�5339), the applicant must make the certification in Category 9 for
Formula Grants for Rural Areas (49 U.S.C. �5311). This certification is required by 49 U.S.C.
�5339(a)(3) and (b)(6), respectively.
If the applicant, regardless of whether it is in an urbanized or r�ural area, will apply for an
award under subsection (c) (low or no emission vehicle grants) of the Grants for Buses and Bus
Facilities Program (49 U.S.C. �5339), the applicant must make the certification in Category 8
for Urbanized Area Formula Grants (49 U.S.C. ,�5307). This certification is required by
49 U.S.C. �5339(c)(3).
Making this certification will incorporate by reference the applicable certifications in
Category 8 or Category 9.
CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH
DISABILITIES PROGRAMS.
If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of
Seniors andlndividuals with Disabilities Program (49 U.S.C. ,�5310), it must make the
certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. �5307). This
certification is required by 49 U.S.C. �5310(e)(1). Making this certification will incorporate by
reference the certification in Category 8, except that FTA has determined that (d), (�, (i), (j), and
(k) of Category 8 do not apply to awards made under 49 U.S.C. �5310 and will not be enforced.
In addition to the certification in Category 8, the applicant must make the following certification
that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with
Disabilities Program. This certification is required by 49 U.S.C. �5310(e)(2).
The applicant certifies that:
(a) The projects selected by the applicant are included in a locally developed, coordinated
public transit-human services transportation plan;
(b) The plan described in clause (a) was developed and approved through a process that
included participation by seniors, individuals with disabilities, representatives of public,
private, and nonprofit transportation and human services providers, and other members of
the public;
(c) To the maximum eXtent feasible, the services funded under 49 U.S.C. § 5310 will be
coordinated with transportation services assisted by other Federal departments and
agencies, including any transportation activities carried out by a recipient of a grant from
the Department of Health and Human Services; and
14 49
Certifications and Assurances Fiscal Year 2020
(d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it
will do so on a fair and equitable basis.
CATEGORY 13. STATE OF GOOD REPAIR GRANTS.
If the applicant will apply for an award under FTA's State of Good Repair Grants Program
(49 U.S.C. �5337), it must make the following certification. Because FTA generally does not
review the transit asset management plans of public transportation providers, this certification is
necessary to enforce the provisions of 49 U.S.C. �5337(a)(4).
The applicant certifies that the projects it will carry out using assistance authorized by the State
of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant's most recent
transit asset management plan and are identified in the investment and prioritization section of
such plan, consistent with the requirements of 49 C.F.R. Part 625.
CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS.
If the applicant will apply for an award for a project that will include assistance under the
Ti^ansportation Infrastructure Finance and Innovation Act ("TIFIA)Program (23 U.S.C.
�� 601-609) or the State Infi^astructure Banks ("SIB') Program (23 U.S.C. � 610), it must make
the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10
for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of
Good Repair Grants program. These certifications are required by 49 U.S.C. �5323(0).
Making this certification will incorporate the certifications in Categories 8, 10, and 13 by
reference.
CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
If the applicant will apply for an award under FTA's Urbanized Area Formula Grants Program
(49 U.S.C. �'S307), Fixed Guideway Capitallnvestment Program (49 U.S.C. �5309), Formula
Grants for Rural Areas Program (49 U.S.C. �5311), or Grants for Buses and Bus Facilities
Program (49 U.S.C. ,�5339)programs, the applicant must make the following certification. The
applicant must make this certification on its own behalf and on behalf of its subrecipients and
contractors. This certification is required by 49 CF.R. � 655.83.
The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA's
regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,
49 C.F.R. Part 655.
15 50
Certifications and Assurances Fiscal Year 2020
CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT.
If the applicant is a State with at least one rail fixed guideway system, or is a State Safety
Oversight Agency, or operates a rail fixed guideway system, it must make the following
certification. The elements of this certification are required by 49 C.F.R. �� 659.43, 672.31, and
674.39.
The applicant certifies that the rail fiXed guideway public transportation system and the State
Safety Oversight Agency for the State are:
(a) Compliant with the requirements of 49 C.F.R. part 659, "Rail Fixed Guideway Systems;
State Safety Oversight";
(b) Compliant with the requirements of 49 C.F.R. part 672, "Public Transportation Safety
Certification Training Program"; and
(c) Compliant with the requirements of 49 C.F.R. part 674, "Sate Safety Oversight".
CATEGORY 17. DEMAND RESPONSIVE SERVICE.
If the applicant operates demand responsive service and will apply for an award to purchase a
non-rail vehicle that is not accessible within the meaning of 49 C.F.R. Part 37, it must make the
following certification. This certification is required by 49 C.F.R. �37.77.
The applicant certifies that the service it provides to individuals with disabilities is equivalent to
that provided to other persons. A demand responsive system, when viewed in its entirety, is
deemed to provide equivalent service if the service available to individuals with disabilities,
including individuals who use wheelchairs, is provided in the most integrated setting appropriate
to the needs of the individual and is equivalent to the service provided other individuals with
respect to the following service characteristics:
(a) Response time;
(b) Fares;
(c) Geographic area of service;
(d) Hours and days of service;
(e) Restrictions or priorities based on trip purpose;
(� Availability of information and reservation capability; and
(g) Any constraints on capacity or service availability.
CATEGORY 18. INTEREST AND FINANCING COSTS.
If the applicant will pay for interest or other financing costs of a project using assistance
awarded under the Urbanized Area Formula Grants Program (49 U.S.C. �'S307), the Fixed
Guideway Capitallnvestment Grants Program (49 U.S.C. �5309), or any program that must
comply with the requirements of 49 U.S.C. �5307, including the Formula Grants for the
16 51
Certifications and Assurances Fiscal Year 2020
Enhanced Mobility of Seniors Program (49 U.S.C. �5310), `flex funds"from infrastructure
programs administered by the Federal Highways Administration (see 49 U.S.C. ,�5334(i)), or
awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C.
�5339), the applicant must make the following certification. This certification is required by
49 U.S.C. ��5307(e)(3) and 5309(k)(2)(D).
The applicant certifies that:
(a) Its application includes the cost of interest earned and payable on bonds issued by the
applicant only to the extent proceeds of the bonds were or will be expended in carrying
out the project identified in its application; and
(b) The applicant has shown or will show reasonable diligence in seeking the most favorable
financing terms available to the project at the time of borrowing.
CATEGORY 19. CONSTRUCTION HIRING PREFERENCES.
If the applicant will askFTA to approve the use ofgeographic, economic, or any other hiring
preference not othenvise authorized by law on any contract or construction project to be assisted
with an award fi^om FTA, it must make the following certification. This certification is required
by the Further Consolidated Appropriations Act, 2020, Pub. L. 116-94, div. H, title I, � 191.
The applicant certifies the following:
(a) That except with respect to apprentices or trainees, a pool of readily available but
unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(b) That the grant recipient will include appropriate provisions in its bid document ensuring
that the contractor does not displace any of its existing employees in order to satisfy such
hiring preference; and
(c) That any increase in the cost of labor, training, or delays resulting from the use of such
hiring preference does not delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation Improvement
Program.
CATEGORY 20. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK
AND OPERATIONS.
If the applicant operates a rail fixed guideway public transportation system, it must make this
certification. This certification is required by 49 U.S.C. �5323(v), a new subsection added by the
National Defense Authorization Act for Fiscal Year 2020, Pub. L. 116-92, � 7613 (Dec. 20,
2019). For information about standards or practices that may apply to a rail fixed guideway
17 52
Certifications and Assurances Fiscal Year 2020
public transportation system, visit https://www.nist.�ov/cvberframework and
https://www.cisa.�ov/.
The applicant certifies that it has established a process to develop, maintain, and execute a
written plan for identifying and reducing cybersecurity risks that complies with the requirements
of49 u.s.c. § s323����2�.
18 53
Certifications and Assurances Fiscal Year 2020
FEDERAL FISCAL YEAR 2020 CERTIFICATIONS AND ASSURANCES FOR FTA
ASSISTANCE PROGRAMS
(Signature pages alternate to providing Certifications and Assurances in TrAMS.)
Name of Applicant:
The Applicant certifies to the applicable provisions of categories 01-20.
Or,
The Applicant certifies to the applicable provisions of the categories it has selected:
Category Certification
O1 Certifications and Assurances Required of Every Applicant
02 Public Transportation Agency Safety Plans
03 Tax Liability and Felony Convictions
04 Lobbying
OS Private Sector Protections
06 Transit Asset Management Plan
07 Rolling Stock Buy America Reviews and Bus Testing
08 Urbanized Area Formula Grants Program
09 Formula Grants for Rural Areas
10 Fixed Guideway Capital Investment Grants and the Expedited
Project Delivery for Capital Investment Grants Pilot Program
11 Grants for Buses and Bus Facilities and Low or No Emission
Vehicle Deployment Grant Programs
1 54
Certifications and Assurances Fiscal Year 2020
12 Enhanced Mobility of Seniors and Individuals with Disabilities
Programs
13 State of Good Repair Grants
14 Infrastructure Finance Programs
15 Alcohol and Controlled Substances Testing
16 Rail Safety Training and Oversight
17 Demand Responsive Service
18 Interest and Financing Costs
19 Construction Hiring Preferences
20 Cybersecurity Certification for Rail Rolling Stock and
Operations
FEDERAL FISCAL YEAR 2020 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE
PAGE
(Required of all Applicants far federal assistance to be awarded by FTA in FY 2020)
AFFIRMATION OF APPLICANT
Name of the Applicant:
BY SIGNING BELOW,on behalf of the Applicant,I declare that it has duly authorized me to make these
Certifications and Assurances and bind its compliance.Thus,it agrees to comply with all federal laws,regulations,
and requirements,follow applicable federal guidance,and comply with the Certifications and Assurances as
indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal
Transit Administration(FTA)in federal fiscal year 2020,irrespective of whether the individual that acted on his or
her Applicant's behalf continues to represent it.
FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document
should apply to each Award for which it now seeks,or may later seek federal assistance to be awarded during
federal fiscal year 2020.
The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the
statements submitted with this document and any other submission made to FTA,and acknowledges that the
Program Fraud Civil Remedies Act of 1986,31 U.S.C. §3801 et seg.,and implementing U.S.DOT regulations,
"Program Fraud Civil Remedies,"49 CFR part 31,apply to any certification,assurance or submission made to
FTA.The criminal provisions of 18 U.S.C. § 1001 apply to any cerrification,assurance,or submission made in
connection with a federal public transportation program authorizedby 49 U.S.C.chapter 53 or any other statute
2 55
Certifications and Assurances Fiscal Year 2020
In signing this document,I declare under penalties of perjury that the foregoing Certifications and Assurances,and
any other statements made by me on behalf of the Applicant are true and accurate.
Signature Date:
Name Authorized Representative of Applicant
AFFIRMATION OF APPLICANT'S ATTORNEY
For(Name of Applicant):
As the undersigned Attorney for the above-named Applicant,I hereby affirm to the Applicant that it has authority
under state,local,ar tribal government law,as applicable,to make and comply with the Certifications and
Assurances as indicated on the foregoing pages.I further affirm that,in my opinion,the Certifications and
Assurances have been legally made and constitute legal and binding obligations on it.
I further affirm that,to the best of my knowledge,there is no legislarion or litigation pending ar imminent that
might adversely affect the validiry of these Certifications and Assurances,or of the performance of its FTA
assisted Award.
Signature Date:
Name Attorney for Applicant
Each Applicant for federal assistance to be awarded by FTA must provide an A�rmation of Applicant's Attorney
pertaining to the Applicant's legal capaciry. The Applicant may enter its electronic signature in lieu of the
Attorney's signature within TrAMS,provided the Applicant has on file and uploaded to TrAMS this hard-copy
Affirmation,signed by the attorney and dated this federal fiscal year.
3 56
T��N oF ESTES PARI
Memo •
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Maintenance Supervisor
Greg Muhonen, PE, Public Works Director
Date: June 9, 2020
RE: Resolution 34-20 Approve GOCO Grant Agreement for the Big Thompson River
Recreational and Picnic Area
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Approve the Great Outdoors Colorado (GOCO) grant agreement for the Big Thompson
River Recreational and Picnic Area.
Present Situation:
On October 8, 2019, the Town Board approved the GOCO grant application for financial
assistance to improve and enhance a gathering place for resident and guests. This area
is located at the Visitors Center, adjacent to the Transit Facility/ Parking Structure, and
next to the Big Thompson River. These improvements will include additional seating
with access for people with disabilities, two shelters with picnic tables, two additional
concrete padded tables, a concrete path, and landscaping. This application was
awarded to the Town on March 12, 2020. The grant award is for $45,000, the Town's
match is $15,000, provided in the form of project materials and labor from our Public
Works Parks Division. As presented in the application, this location is highly used and
is a welcoming area for guests to our community. The area has incredible opportunities
for families to gather and as a meeting place. Its location easily leads to the Estes Lake
Trail, historic downtown and accommodates for parking and offers transit services.
Proposal:
Approve the GOCO Grant Agreement to support the Big Thompson River Recreational
and Picnic Area.
Advantaqes:
• This GOCO grant agreement has a completion date of March 2022, giving the Parks
Division flexibility to hold off on starting the project until the fall or following year.
• Approving this grant agreement finalizes GOCO to free up money for this project.
This project that has been on the Parks Division list for many years. 57
• This project directly responds to the Board's strategic goal to offer exceptional guest
services as a preferred Colorado mountain destination.
Disadvantaqes:
• Not approving this Grant Agreement will result in loss financial assistance to support
this recreational opportunity for the Town.
• For a short time, during demolition and constructing the new recreational area it will
be closed to the public.
• The GOCO Grant requires a 25% cost share.
Action Recommended:
Public Works staff seeks approval/denial of GOCO grant agreement for financial
support for the Big Thompson River Recreational and Picnic Area.
Finance/Resource Impact:
The total project costs are estimated at $60,000.00. The Town's cost share is
$15,000.00, and of this, $6,000.00 is cash and $9,000.00 in kind labor and materials
from the Parks Division.
Level of Public Interest
The level of interest is moderate now; however, we anticipate that it will be highly used
similar to the Veterans Memorial just across the river from this proposed site.
Sample Motion:
I move for the approval of Resolution 34-20.
Attachments:
Resolution 34-20
GOCO Grant Agreement
Budget
Resolution 32-19
58
RESOLUTION 34-20
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH GREAT OUTDOORS
COLORADO FOR GRANT FUNDING FOR THE BIG THOMPSON RIVER
RECREATIONAL AND PICNIC AREA
WHEREAS, the Town Board desires to enter into the intergovernmental agreement
referenced in the title of this resolution for the purpose of receiving grant funding for the
Big Thompson River Recreational and Picnic Area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
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GRANT AGREEMENT
Project Name: Big Thompson River Recreational &Picnic Area
Project Completion Date: March 12, 2022
Great Outdoors Colorado
Contract No.: 20312
PARTIES TO AGREEMENT
Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund
Address: 1900 Grant Street, Suite 725
Denver, CO 80203
Telephone: (303) 226-4520
Contact name: Matt Brady
Grantee: Town of Estes Park
Address: P.O. Box 1200, Estes Park, CO 80517
Contact name: Brian Berg
Date: Apri13, 2020
EXHIBITS
Exhibit A Project Summary
Exhibit B Resolution
Exhibit C Approved Budget
Exhibit D Intergovernmental (or other) Agreement (if required)
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RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund("GOCO" or`Board") is a
political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, adopted at the November 1992 General Election, which article appropriates a
portion of the net proceeds of the Colorado Lottery to GOCO and directs GOCO to invest those
proceeds in the state's parks, wildlife, open space, and recreational resources.
B. In 1994, GOCO created a statewide grant program pursuant to which eligible entities
could apply for grants for local government parks and outdoor recreation projects. Grantee listed
above ("Grantee") submitted a detailed project application ("Project Application") that
contemplates the execution of the project entitled above and described in GOCO's project
summary("Project Summary"), attached and incorporated as Exhibit A ("Project"). GOCO
approved Grantee's Project Application, which is incorporated into this Agreement by reference,
on March 12, 2020, subject to the execution of a detailed grant agreement. GOCO and Grantee
each have on file a copy of the Project Application.
C. The parties intend this agreement to be the detailed grant agreement required by GOCO
("Agreement").
AGREEMENT
NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
SECTION 1 —PROJECT
1. Incorparation of Recitals. The Recitals set forth above are incorporated into this
Agreement.
2. Representations and Warranties of Grantee. Grantee is a Municipality, duly organized in
accardance with the laws of Colorado and has full and lawful authority to enter into, and comply
with the terms of, this Agreement. Grantee's governing body has authorized entering into this
Agreement as evidenced by the resolution attached and incorporated as Exhibit B.
3. Grant and Proiect. GOCO awards to Grantee a grant in the amount not to exceed
$45,000.00 ("Crrant"), subject to the terms and conditions set forth in this Agreement. The Grant
shall be used by Grantee solely to complete the Project in substantial conformity with the final
plans, specifications, designs, and uses approved by GOCO. In the event of a conflict between
the Project Application and the Project Summary, the parties shall resolve the conflict by mutual
agreement.
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4. Proiect Scope. Grantee shall not materially modify the Project without the prior written
approval of the Executive Director of GOCO (`Bxecutive Director") or the Executive Director's
designee, such approval to be in GOCO's sole discretion. Any material modification to the
Project undertaken without GOCO's prior written consent may be deemed a breach of this
Agreement, entitling GOCO to all remedies available under this Agreement. If Grantee
determines with reasonable probability that the Project will not or cannot be completed as
approved by the Board, Grantee will promptly so advise the Board and cooperate in good faith to
seek a resolution before any further funds are advanced.
5. Grantee Efforts. Grantee agrees to use its best efforts to complete the Project in a timely
fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's
approvals related to the Project.
6. Approved Bud�et. Grantee has completed a detailed budget that reflects all anticipated
sources and uses of funds for the Project, including a detailed accounting of Grantee's
anticipated direct costs associated with the Project, a copy of which is attached and incorporated
as Exhibit C (`Budget"). Eligible costs are described in Paragraph 10 of this Agreement. The
Project Application contains a budget that may not match the approved version attached as
Exhibit C and which, therefore, shall not be relied upon by GOCO or Grantee. Where
discrepancies exist, the approved Budget in Exhibit C shall control until such time as GOCO
approves the final version.
7. Probertv Ownership. All properties on which GOCO-funded projects are located must be
owned by or under the control of the grant recipient for the useful life of the project. Grantee
warrants that it has good and sufficient title to the property or properties on which the Project is
to be located(the "Property"). GOCO may require Grantee to provide evidence of its ownership
of the Property and encumbrances against the Property satisfactary to GOCO in GOCO's
discretion prior to funding.
8. Waiver. Prior to the disbursement of funds, the Executive Director in his or her discretion
may waive certain conditions set forth in this Agreement. Anything else to the contrary
notwithstanding, the exercise by GOCO staff("Staff'), the Executive Director, or GOCO of any
right or discretion reserved to them under this Agreement shall not be deemed a waiver.
Furthermore, no waiver by them under this Agreement shall constitute a waiver of any other
requirements, actions, or conditions, nor shall any waiver granted be deemed a continuing
waiver. No waiver by the Staff, the Executive Director, or GOCO shall be effective unless in
writing executed by them. Additionally, any failure by the Staff, the Executive Director, or
GOCO to take any actions as set forth in this Agreement shall have no legal effect on the
contractual duties of Grantee. Further, no waiver with respect to this Project, Grant, ar
Agreement shall constitute a waiver in any other GOCO-funded project.
9. Pro1ect Operation and Maintenance.
A. Subject to annual appropriations, Grantee shall operate, manage, and maintain the
Project in a reasonable state of repair for the purposes specified and for the useful life of the
Project stated in the Project Application, in accordance with product warranties and/or the
generally accepted standards in the parks/recreation community. Grantee has estimated a useful
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life of 15 years in the Project Application. Grantee also shall provide and maintain access to the
Project and to the Property, regardless of the Property's ownership. Failure to comply with this
paragraph may be deemed a breach by Grantee under Paragraph 20 below.
B. GOCO shall not be liable for any cost of maintenance, management, or operation
of the Project.
C. Within 60 days of a reasonable request by the Board, Grantee will provide the
Board with adequate records reflecting the operating and maintenance costs of the Project and
provide the Board with such other information concerning the use of the Project by the public
and the impact of the Project.
D. Grantee's staff shall request during the Grantee's annual budget process an
appropriation sufficient to meet the financial obligations of Grantee under this Agreement.
Grantee will use its best efforts to fully consider such appropriation. The parties understand that
the Board is relying upon fair and full consideration of annual appropriation in its decision to
extend its resources and the Grant and to enter into this Agreement. In the event that Grantee
fails to appropriate sufficient funds to meet the obligations of this Agreement, Grantee shall
provide notice to the Board of the specific reason(s) for any decision not to appropriate funding.
Grantee's staff shall notify the Board of any recommendation not to fund or to partially fund the
annual appropriation necessary to fulfill Grantee's obligations under this Agreement.
10. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable
public access to the Project for the term specified in Paragraph 8.A. Grantee may temporarily
close such public access for construction, maintenance, emergency situations, or other reasonable
purposes.
11. Insurance. Grantee shall maintain general liability insurance or self-insure for the entire
period of the Project for protection in the event of injury and/or damage. The insurance limits
shall not be less than $1,000,000 per occurrence and$2,000,000 aggregate. If the Grantee
contracts with another organization to complete the Project, it is the responsibility of the Grantee
to ensure its contractor carries insurance that fulfills this requirement.
12. Future Fundin�. This Agreement and the Grant only apply to the Project specifically
described in this Agreement. GOCO makes no representations regarding future funding for
future phases of the Project, whether or not described in the Project Application, Project
Summary, or otherwise.
SECTION 2—GRANT PAYMENT
13. Eli�ible Costs. The Grant and all matching funds shall be used only for the cost of fixed
assets, including construction of new facilities and enlargement or renovation of existing
facilities; these costs are eligible for reimbursement on the basis of costs actually incurred by
Grantee and supported by written documentation (receipts,bills, etc.). The Grant and all
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matching funds may not be used to pay for maintenance costs, administrative costs (such as
salaries associated with administering the Grant, office supplies, telephone, or travel expenses),
non-fixed assets (such as athletic or maintenance equipment), or any other costs deemed to be
ineligible by the Board, at the Board's sole discretion.
14. Pavment of Grant.
A. Progress Payment. Grantee may opt to receive a portion of the Grant after starting
but prior to completing work on the Project("Progress Payment"). Grantee shall provide GOCO
with a progress report detailing expenditures and progress made to date ("Progress Report"). The
Progress Report must be submitted using GOCO's Progress Report form (available at
www.�oco.or�or by contacting GOCO). GOCO may, in its discretion, request additional
documentation to support making a Progress Payment. A Progress Payment shall not exceed
50% of the Grant or the maximum percentage of funds GOCO can expend for the project to date
based on the program's matching requirements, whichever is less. A Progress Payment shall be
considered a loan until the Project is complete and Final Payment (as defined below) has been
made.
B. Final Payment. Grantee shall submit a final report to GOCO detailing the
accomplishments of and expenditures related to the Project and its completion ("Final Report").
The Project is "complete"when all facilities, trails, or other improvements included in the
GOCO-approved Project scope have been built and are ready for their intended use. The Final
Report must be submitted using GOCO's Final Report form (available at www.�oco.or� or by
contacting GOCO). GOCO may, in its discretion, request additional documentation before its
approval of the contents of the Final Report. Upon GOCO's review and approval of the Final
Report, GOCO shall pay the outstanding balance on the Grant("Final Payment"), subject to any
reductions contemplated by any provision of this Agreement.
C. GOCO Review. GOCO shall have 30 days to review any Progress Report and
Final Report and respond to Grantee.
D. Waivers of Liens and Claims. GOCO may, in its discretion, depending on the
nature of the Project,require documentation of inechanics' lien waivers or waivers of claims to
public project performance bonds as a precondition to any disbursement under this Agreement.
E. Modifications. Payment of the Grant is subject to the Project being completed
with no material modifications made, except as otherwise agreed to in advance by GOCO in
accordance with this Agreement. The Grant will not be increased, but GOCO may reduce the
Grant if the Project changes in any way that GOCO deems material. "Material modifications"
may include, but are not necessarily limited to, a reduction in the total cost of the Project, a
reduction in the size or number of recreational development components to be constructed,
changes to the nature of the recreational development components to be constructed, or any other
variance from the Project as presented in the Project Application. It is the sole responsibility of
Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages
Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such
modifications, however seemingly minor, to the Project.
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F. Net Lottery Proceeds. Payment of the Grant is also subject to GOCO's
determination in its sole discretion that it has received and has available sufficient net lottery
proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may
consider all facts and circumstances as it deems necessary or desirable, including but not limited
to adequate reserves, funding requirements, and/or commitments for other past, current, and
future grants, and past, current, and future GOCO operating expenses and budgetary needs.
15. Withdrawal of GOCO Fundin�; Termination of A�reement. Anything in this Agreement
to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to
withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant,
andlor to terminate this Agreement if GOCO determines in its sole discretion that:
A. Altered Expectations. Facts have arisen or situations have occurred that
fundamentally alter the expectations of the parties or make the purposes for the Project or the
Grant as approved by GOCO infeasible or impractical;
B. Material Project Changes. Material changes in the scope or nature of the Project
have occurred from that which was presented in the Project Application, approved by GOCO and
reflected in the Project Summary, without prior written approval of the Executive Director;
C. Inaccuracies. Any statement or representation made or information provided by
Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or
otherwise is untrue, inaccurate, or incomplete in any material respect;
D. Reporting. The results of GOCO's review of the Progress Report or the Final
Report are not acceptable to GOCO;
E. Conditions Precedent Not Fulfilled or Unsatisfacto�y. Any of the conditions
precedent to funding listed in Section 3 below is not fulfilled by Grantee or is unsatisfactory to
GOCO, in its sole discretion;
F. Delays. The Project will not or cannot be completed by the Completion Date or
any extensions granted, or delays in the implementation of the Project have occurred that make
the Project impracticable in the Board's judgment;
G. Costs. The Project will not or cannot be completed within the Budget ar any
approved modifications, or the total Project cost and/or Grantee's matching funding are reduced;
or
H. Property. Title to or encumbrances against the Property are or become such that
Grantee is unable to complete the Project, or the Project and/or the Property are or become
unavailable for public use.
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SECTION 3 —CONDITIONS PRECEDENT
16. Completion Date. Grantee shall complete the Project and submit its Final Report no later
than March 12, 2022 ("Completion Date"), which is 24 months after the date of GOCO's
approval of the Project. Grantee may request an extension of the Completion Date in compliance
with GOCO's Overdue Grants procedure, as may be amended from time to time by GOCO in its
sole discretion. GOCO may elect to terminate this Agreement and deauthorize the Grant in the
event this Completion Date is not met and/or Grantee fails to comply with the Overdue Grants
procedure.
17. Conditions Precedent to Fundin�. Anything else in this Agreement or otherwise to the
contrary notwithstanding, the Grant is expressly conditioned upon Grantee's fulfillment of all
terms and conditions of this Agreement to GOCO's satisfaction in its sole discretion, including
but not limited to the following:
A. Matching Funds. Matching funds in the minimum amount required by GOCO
policy or procedure and as set forth in the approved Budget, or as modified and approved in
compliance with GOCO procedures, must have been received by Grantee, or the status of efforts
to secure matching funding was disclosed and has been deemed satisfactory by Staf£ Grantee
shall provide evidence of matching funds as GOCO may require in its reasonable discretion.
B. GOCO Policies and Procedures. The Project must comply with all of GOCO's
policies and procedures, which may be amended from time to time by GOCO in its sole
discretion, and must meet any special Board conditions as listed in the attached Project Summary
(Exhibit A).
SECTION 4—OTHER PROVISIONS
18. Publicitv and Proiect Information. GOCO has the right and must be provided the
opportunity to use information gained from the Project; therefore, Grantee shall acknowledge
GOCO funding in all news releases and other publicity issued by Grantee concerning the Project.
If any events are planned in relationship to the Project, GOCO shall be acknowledged as a
contributor in the invitation for the event. GOCO shall be notified of any such events 30 days in
advance. Grantee shall cooperate with GOCO in preparing public information pieces, providing
access to the Property for publicity purposes, and providing photos or other imagery of the
Project from time to time, which GOCO reserves the right to use and duplicate in any print or
electronic publication or platform for publicity, illustration, advertising, web content, and other
purposes at any time without the need to seek pre-approval from Grantee. Grantee shall give
timely notice of the Project, its inauguration, significance, and completion to the local members
of the Colorado General Assembly and members of the board of county commissioners of the
county or counties in which the Project is located, as well as to other appropriate public officials.
At no time shall Grantee represent in any manner to the public or to any party that it is affiliated
with GOCO or acting on behalf of GOCO.
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19. Si�na�e. Grantee shall erect one or more signs at a prominent location(s) on the Project
site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO
will provide such signs at no cost to Grantee. Alternatively, GOCO will provide reproducible
samples of its logo to Grantee for custom signs. GOCO shall approve in advance the design of
any permanent sign materially varying from the signs provided by GOCO. To obtain such
approval, Grantee shall submit to GOCO plans describing the number, design, placement, and
wording of signs and placards prior to completion of the Project. The Board may withhold Final
Payment pending evidence of placement of permanent signage.
20. Liabilitv.
A. Indemnity. To the extent allowed by law, Grantee shall be responsible for and
shall indemnify, defend, and hold harmless GOCO, its officers, agents, and employees from any
and all liabilities, claims, demands, damages, or costs (including reasonable attorneys' fees)
resulting from, growing out of, or in any way connected with or incident to Grantee's
performance of this Agreement. Grantee waives any and all rights to any type of express or
implied indemnity or right of contribution from the State of Colorado, GOCO, its members,
officers, agents, or employees for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner
of the Project and the Property upon which it is located, or has control of the Project and the
Property, and that GOCO neither possesses nor controls the Project, the Property, nor the
operations of the Project.
B. No CGIA Waiver. No term or condition of this Agreement shall be construed or
interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or
protections provided to GOCO under the Colorado Governmental Immunity Act as amended or
as may be amended in the future (including without limitation any amendments to such statute,
or under any similar statute that is subsequently enacted) ("CGIA"). This provision may apply to
Grantee if Grantee qualifies for protection under the Colarado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq. GOCO and Grantee understand and agree that liability for claims for
injuries to persons ar property arising out of the negligence of GOCO, its members, officials,
agents, and employees may be controlled and/or limited by the provisions of the CGIA. The
parties agree that no provision of this Agreement shall be construed in such a manner as to
reduce the extent to which the CGIA limits the liability of GOCO, its members, officers, agents,
and employees.
C. Compliance with Regulatory Requirements and FedeNal and State Mandates.
Grantee assumes responsibility for compliance with all regulatory requirements in all applicable
areas, including but not limited to nondiscrimination; worker safety; locallabor preferences;
preferred vendor programs; equal employment opportunity; use of competitive bidding;permits;
approvals; local, state, and federal regulations and environmental laws; and other similar
requirements. To the maximum extent permitted by law, Grantee agrees to indemnify, defend,
and hold harmless GOCO, Executive Directar, and Staff from any cost, expense, or liability far
any failure to comply with any such applicable requirements.
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D. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors, and agents shall not unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry,physical
handicap, medical condition, marital status, age, sex, or any other basis prohibited by local, state,
or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their
employees and applicants for employment are free of such discrimination. Further, Grantee and
anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting
access and use of the Project.
21. Audits and Accountin�Records. Grantee shall maintain standard financial accounts,
documents, and records relating to the use, management, operation, and maintenance of the
Project. Grantee shall retain the accounts, documents, and records related to the Project for five
years following the date of disbursement by GOCO of the Grant funds, and they shall be subject
to examination and audit by GOCO or its designated agent during this period. While Grantee is
not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use
reasonable and appropriate accounting systems in maintaining the required records under this
Agreement.
22. Insbection. Throughout the term of this Agreement, GOCO shall have the right to inspect
the Project to ascertain compliance with this Agreement.
23. Breach. In addition to other remedies available at law or in equity, in the event that
Grantee breaches any of the terms or conditions of this Agreement, GOCO shall have the
following non-exclusive remedies:
A. Prior to Payment of G�ant. GOCO reserves the right to withdraw funding,
terminate this Agreement, and/ar deny Grantee eligibility for participation in future GOCO
grants, loans, or projects.
B. After Any Payment of Grant. GOCO reserves the right to seek specific
performance of Grantee's obligations under this Agreement, receive reimbursement in full of any
disbursements made under the Grant, including in the event that Grantee does not fulfill its
obligations under Paragraph 8 due to lack of annual appropriations, and/or deny Grantee
eligibility for participation in future GOCO grants, loans, or projects.
In the event GOCO must pursue any remedy under this Agreement and is the substantially
prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of
collection.
24. GOCO Policies and Procedures. With regard to all named GOCO policies and procedures
referenced in this Agreement, Grantee acknowledges it has received a copy of the policies and
procedures or otherwise has access to the documents in connection with this Agreement and is
familiar with their requirements.
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25. Miscellaneous Provisions.
A. Good Faith. Both parties have an obligation of good faith, including the
obligation to make timely communication of information that may reasonably be believed to be
of interest to the other party.
B. Assignment. Grantee may not assign its rights or delegate its obligations under
this Agreement without the express written consent of the Executive Director, who has the sole
discretion to withhold consent to assign. Any assignment shall require that, at a minimum, the
assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations
under this Agreement.
C. Applicable Law. Colorado law applies to the interpretation and enforcement of
this Agreement. Venue for any dispute under this Agreement shall lie exclusively in the state
courts of the City and County of Denver.
D. No.Ioint Venture. Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer/employee, or other relationship between the parties other than
independent contracting parties. Except as permitted under the remedies provisions of this
Agreement, neither party shall have the express or implied right to act for, on behalf of, or in the
name of the other party.
E. Status of Grantee. The parties acknowledge that GOCO lacks the power and right
to direct the actions of Grantee. Grantee acts in its separate capacity and not as an officer,
employee, or agent of GOCO or the State of Colorado.
F. Time is of the Essence. Time is of the essence in this Agreement.
G. Survival. The terms and conditions of this Agreement, including but not limited to
Grantee's obligations, shall survive the funding of the Grant and the completion of the Project.
H. Fax and Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be an original,but all of which when taken together shall
constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement
made electronically and transmitted electronically ar by facsimile as if they were original
signatures.
L Third-Party Beneficiary. GOCO and Grantee acknowledge and agree that this
Agreement is intended only to cover the relative rights and obligations between GOCO and
Grantee and that no third-party beneficiaries are intended.
J. Notice. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give the other shall be in writing and either served personally
or sent by first class mail,postage prepaid, to the addresses shown on Page 1 of this Agreement.
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K. Construction; Severability. Each party has reviewed this Agreement, and
therefore any rules of construction requiring that ambiguities be resolved against a particular
party shall not be applicable in the construction and interpretation of this Agreement. If any
provision in this Agreement is found to be ambiguous, an interpretation consistent with the
purpose of this Agreement that would render the provision valid shall be favored over any
interpretation that would render it invalid. If any provision of this Agreement is declared void or
unenforceable, it shall be deemed severed from this Agreement, and the balance of this
Agreement shall otherwise remain in full force and effect.
L. Entire Agreement. Except as expressly provided, this Agreement constitutes the
entire agreement of the parties. No oral understanding or agreement not incorporated in this
Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless
made in writing and signed by the parties to this Agreement.
M. Termination of the Board. If Article XXVII of the Colorado Constitution, which
established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another
entity, the rights and obligations of GOCO under this Agreement shall be assigned to and
assumed by such other entity as provided by law, but, in the absence of such direction, by the
Colorado Department of Natural Resources or its successor.
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of .
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FiJND Town of Estes Park
By: By:
Chris Castilian Title:
Executive Director
GOCO Program Staff: *NOTE* Signee should be the same
Route Grant Agreement to individual authorized to sign the grant
Executive Director for signature: agreement per Grantee's resolution
Page 11 of 16
Updated 1/2019
70
DocuSign Envelope ID:BE1C85D1-055F-4935-8F52-BFC16DD63045
EXHIBIT A
Project Summary
Rank: 5 Overall Score: 88.25 GOCO Staff Score: 86 Reviewer Average: 90.5
Applicant: Town of Estes Park
Project Title: Big Thompson River Recreational &Picnic Area
County: Larimer
Log#: 20312
Funding Summarv: Applicant Funding $15,000
Partner(s) Funding
GOCO Grant Amount $45,000
Total Project Cost $60,000
Proiect Descriqtion:
The Big Thompson River Recreational and Picnic Area project will improve and enhance a gathering
place for the Town of Estes Park. These improvements include additional seating with access far people
with disabilities, a shelter with picnic tables, a concrete path, and landscaping.
Staff and Peer Reviewer Comments:
The Big Thompson River Recreational Area and Picnic Shelter includes access to the River Walk that
meanders through historic downtown, and the trail around Lake Estes that also leads to Stanley Park,
Fish Creek Trail and Dry Gulch Trail; transit services around town and to Rocky Mountain National
Park; new 400+parking structure; the Veterans Monument; interactive musical instruments along the
River Walk; and the Visitors Center. This will be the only picnic tables in the vicinity that are protected
from the elements.
This picnic shelter will accommodate a variety of people including residents, seasonal workers, visitors,
and those using the Lake Estes Trail and River Walk. Naturists would also use this shelter as this
location often has excellent wildlife viewing for elk, deer,birds, marmots, etc. In-town trails see over
400,000 users per year according to trail counts conducted by volunteers in the summer of 2014. The
Lake Estes Trail has a mix of 20 percent cyclists, 75 percent walkers/joggers/hikers, and 5 percent
others on any given day. Based on this information and the number of guests recorded at the Estes Park
Visitors Center(450,000 in 2017), the number of users of this picnic shelter could be as high as 100,000
people.
Page 12 of 16
Updated 1/2019
71
DocuSign Envelope ID:BE1C85D1-055F-4935-8F52-BFC16DD63045
The current shelter is well over 30 years old and has been moved twice to accommodate past
construction on the other side of the river. It is small and in disrepair. A new shelter would be twice the
size and accommodate more people.
Page 13 of 16
Updated 1/2019
72
DocuSign Envelope ID:BE1C85D1-055F-4935-8F52-BFC16DD63045
EXHIBIT B
Resolution
Page 14 of 16
Updated 1/2019
73
DocuSign Envelope ID:BE1C85D1-055F-4935-8F52-BFC16DD63045
EXHIBIT C
Approved Budget
Page 15 of 16
Updated 1/2019
74
DocuSign Envelope ID:BE1C85D1-055F-4935-8F52-BFC16DD63045
EXHIBIT D
Intergovernmental (or other) Agreement (if required)
Page 16 of 16
Updated 1/2019
75
Pro�ect Budget
Date GOCO Grant Applicant Partner Total
Source of Funds Secured Request Match($) Match($) Funding($)
CASH
GOCO Grant Request 45,000.00 $45,000.00
ITown of Estes Park cash match I I I 6,000.00 I I $6,000.00
� � � � � � $0.00
$0.00
IN-KIND
Town of Estes Park in-kind match 9,000.00 $9,000.00
� � � � � � $0.00
$0.00
TOTAL SOURCE OF FUNDS $45,000.00 $15,000.00 $0.00 $60,000.00
Number of Applicant Partner Total Funding
CASH Use of Funds Units Cost Per Unit GOCO Funds Funds Funds ($)
$0.00
Will conduct competitive $0.00
solicitation according to Town
policy
�Materials&Installation � � � � � � � $0.00
�TBD �con�rete � i.00 � � s,000.00l I I $g,000.00
�TBD �Picnic shelter � 1.00 � � 37,000.00 � � � $37.000.00
�TBD �Metal roof � 16.00 � 39.84 � � 637.44 � � $637.44
�Parks Division �Picnic tables � 2.00 � 1,135.00 � � 2,270.00 � � $2.270.00
�Parks Division �Irrigation supplies(cash match) � � 1,553.56 � � 1,553.56 � � $1,553.56
� �Install Bear-Proof/Recycling Trash � � � � � � $1,539.00
Parks Division Container 1.00 1,539.00 1,539.00
I I I I I I I I $0.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
$o.00
USE OF FUNDS-CASH SUBTOTAL $45,000.00 $6,000.00 $0.00 $51,000.00
76
1
No.of Units/ Cost Per Unit Applicant Partner Total Funding
IN-KIND Use of Funds Hours/Acres /Hour/Acre GOCO Funds Funds Funds ($)
Town Parks Division staff Demolition of current shelter 30.00 40.00 1,200.00 $1,200.00
�Town Parks Division staff �Haul material � 5.00 � 40.00 � � 200.00 � � $200.00
�Town Parks Division staff �Irrigation installation � 80.00 � 40.00 � � 3,200.00 � � $3,200.00
�Town Parks Division staff �Landscaping istallation(trees,shrubs, � � � � � � $1,800.00
turf,perennials) 45.00 40.00 1,800.00
�Town Parks Division staff �Picnic tables � 3.00 � 866.67 � � 2,600.00 � � $2,600.00
I I I I I I I I $0.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I �o.00
I I I I I I I I $o.00
�o.00
SUBTOTAL $0.00 $9,000.00 $0.00 $9,000.00
Contingency 10% (not required, cannot
be GOCO f'unds) $0 $0 $0
TOTAL PROJECT COST $0.00 $15,000.00 $0.00 $0.00
Remembew the Total Project Cost row must equal the Total Source of Funds row above
77
2
RESOLUTION 32-19
SUPPORTING THE APPLICATION AND GRANT AGREEMENT, IF AWARDED, FOR
A M�NI- GRANT LOCAL PARKS AND RECREATiON FROM THE STATE BOARD OF
THE GREAT OUTDOORS COLORADO TRUST FUND F�R THE REPLACEMENT OF
THE BIG THOMPSON RIVER RECREATIONAL AREA PiCNIC SHELTER
WHEREAS, the Town of Estes Park supports the Great Outdoors Colorado
grant application for the Big Thompson River Recreational Area Picnic Shelter located
west of the Estes Park Visitor Center parking structure; and
WHEREAS, if this grant is awarded, the Town of Es#es Park supports the
completion of this project.
NOW, THEREFORE, BE IT RESOLVE� BY THE BOARD QF TRUSTEES OF
THE T�WN OF ESTES PARK, COLORADO:
1. If awarded, th� Board of Trustees will authorize the expenditure of funds
necessary to meet the terms and obligations of th� Great �utdaors
Colorada grant.
2. The project site for the Big Thompson River Recreational Area Picnic
Shelter is owned by the Town of Estes Park and will remain a Town-owned
facility for at least 25 years.
3. The Town of Estes Park Board of Trustees recognizes that as the recipient
af a Great Outdoors CoIorado local government grant the project site w�ll
provide public access.
4. The Town of Estes Park Board of Trustees will ensure the maintenance of
the Big Thompson River Recreationat Area Picnic Shelter located west of
the parking structure at the EstEs Park Visitors Center in a high-quality
condition and to appropriate funds for maintenance in #he annual budgEt.
5. If awarded, the Town of Estes Park Board of Trustees will authorize the
Mayor ta sign the grant agreement with Great Qutdoors Colarado.
6. All the Town's financial obligations under any grant awarded are contingent
upon appropriation, budgeting, and availability of specific funds to discharge
those obligations. Nothing in this resolution or any gran# awarded
constitu#es a debt, a direct or indirect multiple fiscal year financial obligation,
a pledge of the Town's credit, or a payment guarantee by the Town. The
Town Adminis#rator or designee is authorized #o execute all documents
necessary to submit said grant application.
7.This resol�tio� to be in full force and effect from and after its approval.
78
DATED this ��N day of �To ti�- ,r� , 2019.
TOWN QF S ARK,
Mayor �
ATTEST:
,
i �� .
; _ . ._ _
T n Clerk
79
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80
T��N oF ESTES PARI
Memo •
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Ryan Barr, EI, Pavement Manager
Greg Muhonen, PE, Public Works Director
Date: June 23, 2020
RE: 2020 Overlay & Patching Program contract to Coulson Excavating Co.,
I nc.
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Public Works staff seeks Town Board approval of a contract extension with Coulson
Excavating Co., Inc. (Coulson) for the 2020 Overlay & Patching Program which will
perform repaving of multiple roads and one parking lot, plus asphalt patching on
multiple roads in the Town of Estes Park.
Present Situation:
On February 11, 2020 staff presented information regarding the Street Improvement
Program (STIP) during a Town Board Study Session. A modified version of that
presentation was then presented at the March 10, 2020 Town Board Meeting. The
information presented included pavement condition updates, planned work for 2020,
and an overview of pavement work performed utilizing the 1A street improvement funds.
To implement the plan in 2020, a qualified contractor is required.
Through a competitive bid process, Coulson was the low bidder and was awarded the
contract in 2019. Coulson has a good reputation and extensive experience performing
repaving work in Estes Park, and the Town was satisfied with their work in 2019. The
2019 contract documents included a provision that allows the Town to extend the
contract for an additional three years in one-year periods. Coulson will be able to
continue this work in 2020 through this Board approved extended contact.
Proposal:
Staff proposes extending the 2019 Coulson contract for the 2020 Overlay & Patching
Program.
81
Advantaqes:
• Performs repaving of multiple roads and a parking lot in Estes Park.
• The Town voters supported the 1A sales tax for street improvements and expect the
Town to repair and maintain roads with these funds.
• Coulson and their concrete subcontractor are involved in the Wonderview-
MacGregor Roundabout project with CDOT, so there will be a cost savings
associated with them needing to mobilize less equipment into Town.
Disadvantaqes:
• Road maintenance will temporarily impact traffic flow and could result in brief
disruption of neighborhoods and business; however, the Town will make every effort
to inform impacted property owners, residents, and business owners in advance of
the construction.
• Funds could be used for other street improvement purposes; however, this usage is
consistent with the approved 2024 STIP Program goals.
Action Recommended:
Staff recommends approval of the attached Contract Change Order to extend the
contract with Coulson for the 2020 Overlay & Patching Program to perform street and
parking lot repairs in Town. Staff recommends authorizing Public Works to spend up to
the budgeted amount of $800,000.00 for any additional overlay work encountered
during construction.
Finance/Resource Impact:
This project is funded from the Street Improvement Fund.
Level of Public Interest
Public Interest is expected to be moderate.
Sample Motion:
I move for approval/denial of the Contract Change Order and Contract Extension to
extend the contract with Coulson for the 2020 Overlay & Patching Program in the
amount of$740,449.50, and to authorize Public Works to spend up to the budgeted
amount of$800,000.00 if needed to address unanticipated conditions encountered
during construction.
Attachments:
Construction Change Order
2020 Overlay & Patching Program — Contract Extension and Exhibits A, B and C
82
CONTRACT CHANGE ORDER NO. 3
Date 6/4/2020 Contractor Coulson Excavating Co.
Submitted bv Ryan Barr Address 3609 Madison Ave '
Proiect name 2020 Overlay&Patching Program Citv State Ziu Loveland,CO 80538
Project# OVRLAY
O
Instructions:Complete all sections with sufficient details.If not applicable insert"NA".Expand narrative space or attach additional pages as needed.
1 Reason for change(narrative)
A Adding 2020 Overlay&Patching Program quantities
B Provide contract time extension to perform the 2020 program work
2a Description of change(narrative)
A Add 2020 program quantities,at the 2019 bid unit costs,or at modified unit prices as agreed upon by the Contractor and Owner.Items that were not bid in 2019 have fair
and negotiated 2020 unit costs.
B The Town plans to exercise its right to extend the Coulson contract another year,and must increase contract time to allow for completion of the 2020 program
2bl NO. ITEM NO. ITEM DESCR[PTION CUQRTyNT UNIT UNIT COST ITEM CO T ORDER QTY ORDER AMT TEM CO T
� � 2020 � � � � � � � �
� A �202-00201 �RemovalofCurb � O�LF � $ 9.00 � $ - � 1,649� $ 14,841.00 � $ 14,841.00
� A �202-00220 �RemovalofAsphaltMat � O�SY � $ 8.00 � $ - � 2,707� $ 21,656.00 � $ 21,656.00
� A �202-00240 �RemovalofAsphaltMat(Planing) � O�SY � $ 6.00 � $ - � 2,143� $ 12,858.00 � $ 12,858.00
� A �210-00810 �Reset Ground Sign � O�EA � $ 350.00 I $ - I 1� $ 350.00 � $ 350.00
� A �210-01710 �Adjust Water Valve � O�EA � $ 350.00 � $ - � 10� $ 3,500.00 � $ 3,500.00
� A �210-04010 �AdjustManhole � O�EA � $ 550.00 � $ - � 17� $ 9,350.00 � $ 9,350.00
� A �304-09100 �Aggregate Base Course(RAP-from Town yard) � O�CY � $ 37.00 � $ - � 75� $ 2,775.00 � $ 2,775.00
� A �306-01000 �Reconditioning(Subgrade) � O�SY � $ 3.50 � $ - � 2,417� $ 8,459.50 � $ 8,459.50
� A �403-00720 �HMA(Patch 4")(Gr SX)(75)(PG 58-28) � O�TON � $ 155.00 � $ - � 1,175� $ 182,125.00 � $ 182,125.00
� A �403-34721 �HMA(Gr SX)(75)(PG 58-28) � O�TON � $ 90.00 � $ - � 1,772� $ 159,480.00 � $ 159,480.00
� A �403-34721.2 �HMA(Gr SX)(75)(PG 58-28)(Leveling Course) � O�TON � $ 90.00 � $ - � 832� $ 74,880.00 � $ 74,880.00
� A �608-00001 �ConcreteSidewalkJointRepair(Epoxy) � O�LF � $ 50.00 � $ - � 3� $ 150.00 � $ 150.00
� A �608-10010 �Sidewalk Drain(6.5 feet) � O�EA � $ 4,200.00 � $ - � 1� $ 4,200.00 � $ 4,200.00
� A �609-21010 �Curb and Gutter T}pe 2(Section I-B) � 0�LF � $ 40.00 � $ - � 75� $ 3,000.00 � $ 3,000.00
� A �609-21020 �Curb and Gutter T}pe 2(Section II-B) � O�LF � $ 40.00 � $ - � 1,531� $ 61,240.00 � $ 61,240.00
� A �609-21021 �Curb and Gutter T}pe 2(Section II-M)(Modified) � O�LF � $ 55.00 � $ - � 459� $ 25,245.00 � $ 25,245.00
� A �609-24004 �Gutter Type 2(4 foot)(6"Driveway) � O�LF � $ 90.00 � $ - � 84� $ 7,560.00 � $ 7,560.00
� A �609-24006 �Gutter Type 2(6 foot)(8"Street Pan) � O�LF � $ 155.00 � $ - � 40� $ 6,200.00 � $ 6,200.00
� A �609-40010 �Curb Type 4(Section B)(Modified) � O�LF � $ 40.00 � $ - � 42� $ 1,680.00 � $ 1,680.00
� A �626-00000 �Mobilization � O�LS � $ 50,000.00 � $ - � 1� $ 50,000.00 � $ 50,000.00
� A �627-00011 �PavementMarkingPaint(Latex/Walerborne) � O�GAL � $ 300.00 � $ - � 3� $ 900.00 � $ 900.00
� A �630-00016 �Traffic Control(Special) � O�LS � $ 90,000.00 � $ - � 1� $ 90,000.00 � $ 90,000.00
I I I I I I I I I I � �ao,aa9.so
I I I I I I I I I I I
I B1D UN1T CUIZRENT CHANGE CHANGE ADJUSTED
2019 2019 OVRLAY Items BID QTY UNIT COST 1TEM COST OlillER QTY ORDER AMT 1TEM COST
� �202-00201 �RemovaLofCurb � 360�LF � $ 7.00 � $ 2,520.00 � 0� $ - � $ 2,520.00
� �202-00220 �Removal of Asphalt Mat � 4360�SY � $ 6.00 � $ 26,160.00 � -613� $ (3,678.00)� $ 22,482.00
� �210-04010 �AdjustManhole � 2�EA � $ 550.00 � $ 1,100.00 � -1� $ (550.00)� $ 550.00
� �210-04010 �AdjustWaterValve � 3�EA � $ 350.00 � $ 1,050.00 � 3� $ 1,050.00 � $ 2,100.00
� �403-00720 �HMA(Large Patch 4")Gr SX(75)PG 58-28 � 407�TON � $ 155.00 � $ 63,085.00 � -119.2� $ (18,476.00)� $ 44,609.00
� �403-00720.2 �HMA(Patch 4")Gr SX(75)PG 58-28 � 137�TON � $ 155.00 � $ 21,235.00 � 0� $ - � $ 21,235.00
� �403-00720.3 �HMA(Patching)Gr SX(75)PG 58-28 � 30�TON � $ 155.00 � $ 4,650.00 � -30� $ (4,650.00)� $ -
� �403-34721 �HMA Gr SX(75)PG 58-28 � 720�TON � $ 90.00 � $ 64,800.00 � -175.39� $ (15,785.10)� $ 49,014.90
� �608-00015 �Detectable Warnings � 1�LS � $ 1,500.00 � $ 1,500.00 � 0� $ - � $ 1,500.00
� �609-21020 �Curb and Gutter Type 2(Section IT-B) � 420�LF � $ 38.60 � $ 16,212.00 � 105� $ 4,053.00 � $ 20,265.00
� �609-24006 �GutterType2 � 220�LF � $ 150.00 � $ 33,000.00 � 36� $ 5,400.00 � $ 38,400.00
� �626-00000 �Mobilization � I�LS � $ 15,000.00 � $ 15,000.00 � 015� $ 2,250.00 � $ 17,250.00
� �627-00003 �ThermoplasticPavementMarking(7nlaid) � 200�SF � $ 16.50 � $ 3,300.00 � -132.5� $ (2,186.25)� $ 1,113.75
I 163o-000iz �Tra�e«conc�oi � i�Ls � � ii,000.00 � � ii,000.00 � o� � - � � ii,000.00
I I I I I I I � zba,biz.00 � � � �sz,s�z.3s>� � z3z,osv.6s
I I I I I I I I I I
83
(6/4/2020) U:AEngineering\00-PROJECT FILES\Ballot lA Projects\2020 Projects\2020 Oveday and Patching\Ol Project Management\Town Board and PUP Memos
file name:2020 Change Order
PROJECT# 4STLR ELKPAV OVRLAY
PROJECTS FOURTHST E.ELKHORN OL&PATCH TOTALS
COSTS Orieinal contract amount $ 619,403.50 $ 333,780.50 $ 264,612.00 � $ 1,217,796.00
-------------------------------------------------------------------------------------------
Chanee in contract costs previous chanee order/s# $ 77,809.73 $ 128,013.63 $ (32,572.35) � $ 173,251.01
----------------------------------------------------------------------------
Chanee in contract costs this chanae order � $ -
----------------------------------------------------------------------------
Adiusted contract amount[2019 FinaD $ 697,213.23 $ 461,79413 $ 232,039.65 � $ 1,391,047.01
-------------------------------------------------------------------------------------------
Chanee in contract costs this chanae order(20201 $ 740,449.50 �
---------------------------------------------------------------------
Adiusted contract amount[2020) $ 740,449.50 � $ 740,449.50
---------------------------------------------------------------------
Percent chanee to contract costs(informarional onlvl �%
---------------------------------------------------------------------
TIME Orieinal contracttime 31 13 75 working days�
-------------------------------------------------------------------------------------------
Chanee in contract time urevious chanae order/s# 3 18 4 working days�
----------------------------------------------------------------------------
Chanee in contract time this chanee order working days�
----------------------------------------------------------------------------
Adiusted contract time(2019 FinaD 34 31 79 working days�
-------------------------------------------------------------------------------------------
Final completion date(20201 8/28/2020 date� 8/28/2020
-------------------------------------------------------------------------------------------
APPROVAL:This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK CONTRACTOR
Approved by Project Manager Date Contractor signature Date
Approved by Engineering Manager Date Contractor title
Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS
ENGINEERING MGR $30,000
DIRECTOR $50,000
Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000
Copies to:project file,Finance Dept,Town Clerk
Approved by Town Board,Signed by Mayar Koenig Date
84
(6/4/2020) U:AEngineering\00-PROJECT FILES\Ballot lA Projects\2020 Projects\2020 Oveday and Patching\Ol Project Management\Town Board and PUP Memos
file name:2020 Change Order
2020 OVERLAY & PATCHING PROGRAM
Town of Estes Park
Public Works Department
2020 Overlay & Patching Program—Contract Extension
EXTENSION: The Town of Estes Park(Town) has chosen to exercise its option to extend the
2019 Street Overlay Program contract with Coulson Excavating Co., Inc. (Coulson) for an
additional year. During the extension period, the terms and conditions of the 2019 Contract
Documents shall remain in effect.
Revisions to the 2019 Street Overlav Program contract
The 2019 contract is modified as follows for implementation of the 2020 Overlay &Patching
Program:
Article 1. WORK
2020 Overlav & Patching Program
The scope of work for 2020 will include repaving of multiple roadways and one parking lot,plus
asphalt patching in the Town of Estes Park. Contractor shall supply all labor, materials, and
equipment necessary to complete the work in accordance with the contract specifications. The
Work is generally described as follows:
1. Davis Parking Lot—Mill 4", HMA overlay 4",re-striping; some concrete curb
replacement, install sidewalk drainage chase section
2. Lexington Lane—Leveling course, HMA overlay 2"; some concrete curb and gutter and
driveway replacement
3. Big Horn Drive—Leveling course, HMA overlay 2"; some concrete curb and gutter and
driveway replacement, 6' concrete street pan
4. Columbine Avenue - Leveling course, HMA overlay 2"
5. Homestead Lane—Mill 3", HMA Overlay 4"; some full-depth patching
6. Summerset Lane (straight-away)—Mi113", HMA Overlay 4"
7. Summerset Lane (cul-de-sac) —Overlay 2"
8. Perform 4" HMA Patching at various locations, as detailed in Exhibit B— Site Maps
Article 3. CONTRACT TIMES
SCHEDULE OF 2020 ACTIVITIES:
85
2020 OVERLAY & PATCHING PROGRAM
� Town Board Approval � June 23, 2020 �
� Notice of Award � June 24, 2020 �
� Pre-Construction Meeting � TBD—June 16, 2020 (target) �
� Notice to Proceed � TBD—June 25, 2020 (target) �
� Construction Completed � August 28, 2020 �
COMMENCEMENT OF WORK: The Contractor on this project shall commence work under
this contract on the date of the Notice to Proceed(variable) and completing all work, including
cleanup and demobilization, by August 28, 2020.
Article 9. MISCELLANEOUS
Contractor shall extend/adjust their Payment and Performance Bond to cover the 2020 program.
Contractor accepts this Extension as satisfactory for 2020 under section 5.0 of the Special
Conditions of the 2019 Street Overlay Program contract.
TOWN OF ESTES PARK
Mayor Date
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by Wendy Koenig, as Mayor of the Town
of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of
, 2020.
Witness my hand and official seal.
My Commission Expires .
Notary Public
86
2020 OVERLAY & PATCHING PROGRAM
CONTRACTOR
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
(Name of party signing)
as of
(Title of party signing) (Name of corporation)
a corporation, on behalf of the corporation, this
(State of incorporation)
day of , 2020.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Attached 2020 Contract Documents
Exhibit A—Overview map of the 2020 Overlay & Patching Program
Exhibit B — Site Maps
Exhibit C—Construction Details for 2020 Program
87
Town of Estes Park
Public Works Dept.
2020 Overlay & Patching Program
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Overview of Patch Locations, -
Exhibit A Overlay Locations, and �
Davis Parking Lot �°
ESTES PARK
COLORADO
Town of Estes Park � Mill and Overlay or Patch Boundaries
2020 Overlay & Patching Program Curb& Gutter Replacement
Curb repair
EXHIBIT B — Site Maps Driveway/ Pan
EP-Maintained Roads
Davis Parking Lot
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96
EXHIBIT C - Construction Details for 2020 Program
4�z„ �lyZ�� 1 � � �� GENERAL NOTES
41/2 =' �1/2 2' 1. ON ROADWAY CURVES WITH A RADIUS OF 1,900 FT.OR LESS,CURBS AND GUTTERS
I- �I I- I
-� ARE TO BE PLACED ON THE ARC OF THE CURVE,UNLESS OTHERWISE NOTED ON
D A A THE PLANS.A MAXIMUM CHORD LENGTH OF 10 FT.MAY BE USED WHEN THE CURVE
��
� p 6 1 ' C p 6I" 1 RADIUS IS GREATER THAN 1,900 FT.
� � D 1 � 0—� ° > 1 + O 2. CONCRETE SHALL BE CLASS B.
1' > 1, p p p
o F , A� � � ' ' ' A �� 3. PROFILE GRADE OF CURBS AND GUTTERS SHALL BE LOCATED AT THE FLOW LINE.
> ` L ��
o ' p D ' e o e sl�• o e p o OF� 'o o �o > �0 6 4. CURB TYPE 4 (KEY-WAY) MAY BE USED IN LIEU OF CURB AND GUTTER TYPE 2
� � (SECTIONS IB AND IM)UNLESS OTHERWISE SPECIFIED ON THE PLANS.
5. GUTTER CROSS SLOPES MAY BE ADJUSTED TO FACILITATE DRAINAGE FOR PROFILE
C U R B AN D G U T T E R T Y P E 2 C U R B AN D G U T T E R T Y P E 2 ��W�� VARIABLE (SEE PLANS) - GRADES AS SHOWN ON THE PLANS.
W�2 W�2� 6. THICKNESS OF CURB AND GUTTER SECTION SHALL MATCH CONCRETE PAVEMENT
(SECTION IB� (SECTION IIB) IO2�, THICKNESS IF SHOWN ON THE PLANS.CURB AND GUTTER SHALL BE CLASS P
(6 IN. BARRIER — 1 FT. GUTTER) (6 IN. BARRIER — 2 FT. GUTTER) � SLOPE 1"/FT.MAX. �LOPE 1"/FT.MAX. CONCRETE IF PLACED MONOLITHICALLY WITH CONCRETE PAVEMENT.
6�� (�q , °� 7. INCREASE SIDEWALK THICKNESS TO 6 IN.AT LOCATIONS SHOWN ON THE PLANS.
� e� 8. MINIMUM SIDEWALK WIDTH IS 4 FT.
02 IN.DEPTH WHEN USED AS A
CROSSPAN IN AN INTERSECTION � EXPANSION JOINTS SHALL BE INSTALLED WHEN ABUTTING EXISTING CONCRETE OR
„ „ „ FIXED STRUCTURE.EXPANSION JOINT MATERIAL SHALL BE �/p IN.THICK
�C~6�� - 1� —� � 4 i 6 2' = G U T T E R T Y P E 2 AND SHALL EXTEND THE FULL DEPTH OF CONTACT SURFACE.
� DA e D � � �qe � � O GUTTER CROSS SLOPES SHALL BE �/Z IN./FT.WHEN DRAINING AWAY FROM CURB AND
� . 6" � 0 6�� IIN./FT.WHEN DRAINING TOWARD CURB (WITH EXCEPTION TO IMMEDIATELY ADJACENT
1 ' o D �� � 10__ 1 D D �/� � O TO CURB RAMPS - SEE STANDARD PLAN M-608-1FOR SLOPE REQUIREMENTS).
' � � � L A �� � WHEN TIE BARS ARE REQUIRED,THE GUTTER THICKNESS SHALL BE INCREASED TO
0 o F� A. • , ° , ° F� , ^ � 6" THE PAVEMENT THICKNESS (T).BARS SHALL BE EPDXY-COATED #4 CONFORMING TO
, > , . 6�� > o I
' D ' � D ' � D ' D ' � AASHTO M 284 AND SPACED AT 3 FT.INTERVALS.THEY SHALL BE INSERTED
' o � o D ' o � � > ' ' T�2 AND 1#2 LENGTH INTO THE GUTTER.
' ' D
CURB AND GUTTER TYPE 2 CURB AND GUTTER TYPE 2 s�_�°
(SECTION IM) (SECTION IIM) 3" 2, ��� a�_o��
F� 1" �-- 2% MAXIMUM SLOPE LEGEND
(6 IN. MOUNTABLE — 1 FT. GUTTER) (6 IN. MOUNTABLE — 2 FT. GUTTER) l 0 � � , � FOR RADII
�,� — 4�� � � p � o � p � o � 0 6" A=��a" T� ��a��
6"� n�I ' , ' > . � ' > D . e . p e . p . p . p . t
2 � B=1"
� � °/ SIDEWALK _ i
I C=1/z"
2'-3" 3'-9��2" D=1��2" TO 2��
6��2"�
CURB AND GUTTER TYPE 2 ,
(SECTION MS� CURB ANi GUTTERJ�
,�Z„ (4 IN. MOUNTABLE WITH SIDEWALK) �sF�,�'�f FACE OF CURB J�,�1
/PREFORMED A� G`S ASNPAVEMENT DES GNE��� ��Q�'P�
" SEE PLANS FOR WIDTH (4'MINJ, �NOTESEN / JOINT MATERIAL �SJ W GUTTER �� ``'��
� �2% MAXIMUM SLOPE I� 1
/2 _�(TYPE\2)� \
�
� ,) . ' V � f" � 'D > � °o I GUTTER FL W�2„ GUTTER FL,� �/�,
I � L—PAN LINE GRADE I
SEE PLANS FOR ��A TOOLED JOINT IS REQUIRED WHETHER � TO BE BUILT WHEN =I- TO BE BUILT WHEN—►i
CURB & GUTTER THE CURB AND SIDEWALK ARE POURED NOTES: 1. EXPANSION JOINTS SHALL BE PLACED GUTTER (TYPE 2) GUTTER (TYPE 2)
TYPE SEPARATELY OR MONOLITHICALLY. IN THE SIDEWALK AT INTERVALS OF IS NOT REQUIRED IS REQUIRED
NOT MORE THAN 500 FT.
C 0 N C R E T E S I D E W AL K 2. EXPANSION JOINTS MAY BE SEALED � THIS AREA SHALL BE POURED MONOLITHICALLY WITH CURB AND
WHEN SPECIFIED �N THE PLANS. GUTTER AND PAID FOR AS CONCRETE PAVEMENT
■ FLOW LINE LOCATION WILL BE ESTABLISHED BY W/2 SHOWN ON PLANS.
SIDEWALK EXPANSION JOINT CONSTRUCTION OF CONCRETE
GUTTERS AT INTERSECTION
Computer File Information Sheet Revisions Colorado Department of Transportation cURB, GUTTERS� STANDARD PLAN NO.
Creation Date: 07/31/19 Date: � Comments
Desi ner Initials: JBK R-X 2829 West Howard Place
9 O I � CDOT HQ, 3rd Floor M-609-1
Last Modification Date: 07/31/19 R-X � � Denver, CO 80204 AND SIDEWALKS Standard Sheet No. 1 of 4
Detailer Initials: LTA R-X
I Phone: 303-757-9021 FAX: 303-757-9868
CAD Ver.: MicroStation V8 Scale: Not to Scale Units: English R-X � Project Development Branch JBK Issued by the Project Development Branch: July 31, 2019 I Project Sheet Number: 97
6�� 1
6�� 6��
6��� � 6�� 6�� � ��l��a'I �FL I 'I
�� ~1��q�� � � Rq � t� � A
- ��
� J� F��'� �' 6" � 6�� PAVEMENT 6 D B � D 8�� _ $�� _
A C \ � 6�� B A ' %q" DIA.x 12" Z� ' � g � %a" DIA.x 12" �� 1 �� �1��
� > ��� ROADWAY � � o o DEFORMED BARS— , > D � � III �DEFORMED BARS �3 � � �� �3 �
e o . PAVEMENT � e � „ i > 3 „ � 3 „ �
��� � �� . ' n � ,� i �� f ' f i �� /4 �A A 4„ �a p �A o A ° 4��
I_ I I_ II 1/p DIA.HOLES 6�� PRESENT CONCRETE o 1/Z DIA.HOLES
p 6" � BITUMINOUS CURB ROADWAY � _ CONCRETE CURBp ROADWAY
(6 FT.SPACING) PAVEMENT o (6 FT.SPACING) �� + i �� �� i ��
1 6' 1 6 p � ' o I I �4 � p T �1 - /q � FILL SLOPE o �1 ± /q � FILL SLOPE
0 1 1� I � � —�
�. ' D I - �q" DIA.x 12" DEFORMED REINFORCING BARS AT 6 FT.SPACING
> > " � , � SHALL BE GROUTED IN 1�/q" DIA.HOLES IN EXISTING CONCRETE. � 2�� q��2�� f ��2�� � 2�� q��2�� f ��2��
o „ o . " . o . GROUT SHALL CONSIST OF 2 PARTS CLEAN SAND AND 1 PART CEMENT.
- - COST OF INSTALLATION SHALL BE INCLUDED IN THE PRICE BID FOR CURB. ASPHALT OR ASPHALT OR
CURB TYPE 2 CURB TYPE 2 CURB TYPE 4 CURB TYPE 4 CONCRETE PAVEMENT CONCRETE PAVEMENT
AT SHOULDER AT SHOULDER
(SECTION B) (SECTION M) (SECTION B) (SECTION M) CURB TYPE 6
6 IN. BARRIER 6 IN. MOUNTABLE 6 IN. BARRIER 6 IN. MOUNTABLE (SECTION M)
4 IN. MOUNTABLE
NOTE: BITUMINOUS OR CONCRETE� UNLESS OTHWISE
A I�6��� �6�� 4��� SPECIFIED ON THE PLANS.
�� � �1��z" F� � A
v� �—
1 : e � � B e o D � � KEY-WAY MAY BE OMITTED WHEN PLACED UNDER GUARDRAIL.
6�� p p ' p 6��
� � ; � � 1�� � 1�� o p o � � LEGEND
} ' ��� ' > t ' , i 1 0� p o L�J p �e e �, FOR RADII
> D D D t A=��B T� ��4u
I ' ' ' ' � D � D D D +
1�� I ��
1�� f ��a" ; � �o ; � � ; � Q� �� � Q� �� �4 B=1��
� o 0 0 0
1��� I C=1��z��
/ 1�4��z" ± �2" D=1%2" TO 2��
4��z" ± ��z" � �� 2��z"�
CONCRETE PAV�EMENT �CONCRETE CLASS B SHALL CONTAIN 1.5 POUNDS PER CUBIC YARD
OF APPROVED POLYPROPYLENE FIBERS AND MAY HAVE A NOMINAL
(SECTION B) (SECTION M� AGGREGATE SIZE OF 3/e IN.
CURB TYPE 4 (KEY—WAY)�
� P
/ g� TRANSITION WHEN THERE IS NO 4 FT.MIN.DRIVEWAY �
SIDEWALK AT BACK OF CURB OR WHEN �_ TRANSITION (SEE PLANS) I POURED JOINT �{ �/e TO /q
� SIDEWALK IS SET BACK FROM CURB � CURB & GUTTER - - =1 i �� i ��
� PAN LINE CURB TRANSITION WING I MATERIAL
/ CURB FOR T PE AND WIDTH OF GRADE � � ���� +
��TRANSITION� DRNEWAY,SEE PLANS FLOWLINE CURB � + 10:1 MAX.SLOPE o o f,,,, > q1`��A 2" o f
SEE GEN. ' ' ' I° � I n�� � o � o fiu
12 j �. NOTE 10N D D D � � DRIVEW AY p ' � ' �a p
S�pp� �POQ� SHEET 1 6' ' F� ' ' _ ° , ' �
o �, � o , � >
� ~ �' DRIVEWAY ��I�— NOTE: RECOMMENED JOINT SPACING IS EVERY 8 FOOT
FLOW P�• / �CURB TRANSITIONS,--►F�DRIVEWAY AND WING SHALL BE
� LINE � QF, / FLOWLINE CURB ACROSS MEASURED AND PAID FOR AS ALONG THE WIDTH AND LENGTH OF DRIVEWAY.
F��T,y � ti�� �,�� �T NP� / DRIVEWAY AND GUTTER CONCRETE PAVEMENT ARE REQUI ED S WIDER THAN 12 FEET,JOINTS
Q'_ oF� / IN THE CURB CUT SHALL
R/ �Re��r I2I S��pF � BORMASSUCURBAAN�DPGUTTER"
= TO BE POURED MONOLITHICALLY =� TRANSVERSE CONTRACTION JOINT
CURB CUT FOR DRIVEWAYS SECTION A—A FOR CONCRETE PAVEMENT (DRIVEWAYS)
(WITHOUT ATTACHED SIDEWALK) CONCRETE PAVEMENT (DRIVEWAYS)
Computer File Information ISheet Revisions Colorado Department of Transportation cURB, GUTTERS� STANDARD PLAN NO.
Creation Date: 07/31/19 Date: Comments
Desi ner Initials: JBK R-X 2829 West Howard Place
9 O I � CDOT HQ, 3rd Floor M-609-1
Last Modification Date: 07/31/19 R-X � � Denver, CO 80204 AND SIDEWALKS Standard Sheet No. 2 of 4
Detailer Initials: LTA R-X
I Phone: 303-757-9021 FAX: 303-757-9868
CAD Ver.: MicroStation V8 Scale: Not to Scale Units: English R-X � Project Development Branch JBK Issued by the Project Development Branch: July 31, 2019 Project Sheet Number: 98
/ � X(Varies, See Plans �
Xmax=2.0')
1 �- � 1 1/4" I
1 i
d (Varies,
l See Plans)
f
� � f
� 10 3/8�� g�� SECTION B-B � o
� �
o I � � �
Q U� Attached I .c .�y�
J o Sidewalk � �
� � � � B � I � �
� I
� I� -
�
5/8" Rolled Steel Tread Plate
(diamond pattern)
� � Dimension Variable �
A q
� �
�
� I \ / I
� Retaining Screws at �
y C 4'_0"or as Directed B r
Detached Sidewall,
Notes: PLAN VIEW
5/8" Rolled Steel Tread Plate
1. Length of steel plate varies. L = 1 1/4"x 1 1/4"x 1/4" �— 7/2"x 1" Flat Head Mach.
2. Chase and cover plate run from � Screw Brass or Electro-galv.
Right of Way line to flow line unless finish 12"on center
approved by the Engineer. (rypical both sides)
With curb walk, cover plate extends Angle iron to be drilled and
from properry line to top of walk face. threaded to receive screw.
- - Concrete to be drilled to allow
3" #4 Bar Welded at 72"on screw to extend into the
center, Nelson Standard Anchor SECTION C-C concrete
or equivalent. (typical both sides) (typical both sides).
�
- �
I
COMBINATION CURB, GUTTER, AND SIDEWALK
� -- - 1
, �. I
.�i;,�
6" VERTICAL CURB, GUTTER, AND SIDEWALK
\ SECTION A-A (2 VIEW�) �
\
STANDARD DETAILS FOR DRAINAGE UNDER SIDEWALK
LARIMER COUNTY CONSTRUCTION REVISION N0: 1 DRAWING 9
URBAN AREA DRAWINGS
STREET STANDARDS DATE: 04/01/07 "�09
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100
i
Y
T��N oF ESTES PARI
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten, Superintendent Eshelman,
Finance Director Hudson, Town Attorney Kramer
Date: June 23, 2020
RE: Resolution 35-20 USDA Financing Agreement for the Glacier Creek Water
Treatment Plant Sedimentation Basin Construction Project, Comprised of
a $2,369,000 Grant plus, $7,675,000 as a 40-Year Loan at 1.375%
Interest
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Approval of this resolution accepting the generous USDA financing. This project
supports high-quality, reliable drinking water service for the benefit of our citizens,
guests and employees.
Present Situation:
The Town acting by and through its Water Activity Enterprise provides drinking water
service to most of the Estes Valley with two water treatment plants.
The State's Disinfection Outreach and Verification Effort (DOVE) program reclassified
the Glacier Creek Plant from Conventional to Direct Filtration. The Town's finished water
remains excellent; however, this reclassification has reduced the plant's capacity.
Regaining that lost capacity requires new, larger sedimentation basins.
Planning to replace our 50-year-old Glacier Creek Plant is underway. We are now
phasing reconstruction to accelerate the new sedimentation basins.
Time is of the essence to lock in this interest rate before July.
Proposal:
Staff requests approval of the resolution to accept the generous USDA financing of this
project. If the Board approves the resolution, the USDA would process these
documents and prepare a loan agreement and bond document for further Town Board
action.
101
Advantaqes:
• The favorable financing will help reduce rate pressure
• The Town has two existing USDA financing agreements in place
• We will begin reconstruction of the 50-year-old Glacier Creek Water Treatment
Plant
• We will regain the lost treatment capacity from the Glacier Creek Plant
Disadvantaqes:
• USDA financing comes with many conditions and processes; however, we are
familiar with the program and conditions
• The project is expensive; however, the project costs were included in the last rate
study
Action Recommended:
Staff recommends approval of the resolution
Finance/Resource Impact:
$10,142,000 comprised of$10,044,000 USDA financing and $98,000 from the Water
Enterprise Fund
Level of Public Interest
Medium; Our customers have a high interest in water rates; however, interest at this
level of detail is limited to accountants and water professionals
Sample Motion:
This item is on consent. If it is removed from consent the following sample motion can
be made:
I move to approve/deny Resolution 35-20.
Attachments:
Resolution 35-20
USDA Letter of Conditions
USDA Water and Waste System Grant Agreement (RUS Bulletin 1780-12)
USDA Letter of Intent to Meet Conditions (Form RD 1942-46)
USDA Request for Obligation of Funds (Form RD 1940-1)
102
RESOLUTION 35-20
APPROVING INTERGOVERNMENTAL AGREEMENTS WITH THE UNITED STATES
DEPARTMENT OF AGRICULTURE FOR GRANT FUNDING AND LOAN FINANCING TO
SUPPORT THE GLACIER CREEK WATER TREATMENT PLANT SEDIMENTATION
BASIN CONSTRUCTION PROJECT
WHEREAS, the Town acting by and through its Water Activity Enterprise desires to
enter into the USDA project financing agreement supporting the capital construction of new
sedimentation basins at the Glacier Creek Water Treatment Plant, and
WHEREAS, the USDA project financing is composed of a $2,369,000 grant plus a
$7,675,000 40-year loan at 1.375% interest, and
WHEREAS, the project is required to ensure high-quality, reliable drinking water
service for the benefit of our citizens, guests and employees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, a water and waste system grant
agreement and a request for obligation of funds, as referenced in the title of this resolution,
in substantially the form now before the Board.
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
103
USDA
- United States Department of Agriculture
Rural Development June 4, 2�2�
Colorado State Office
�en�er Federai center Town of Estes Park, acting by and through its Water Activity Enterprise
P.O.Box 25426 Chris Eshelman
Denver,CO 80225 P� $OX 12��
Voice:800-424-6214 Estes Park, CO 80517
Fax:866-587-7607
SUBJECT: Recipient Name: Town of Estes Park
Project Name: Glacier Creek Water Treatment Plant Project
Water Application
CFDA NUMBER— 10.760
Loan: $7,675,000
Grant: $2,369,000
Applicant: $98,000
Dear Mr. Eshelman:
This letter establishes conditions which must be understood and agreed to by you
before further consideration may be given to your application. The loan and/or
grant will be administered on behalf of the Rural Utilities Service (RUS)by the
State and Area staff of USDA Rural Development, both of which are referred to
throughout this letter as the Agency. Any changes in project cost, source of funds,
scope of project, or any other significant changes in the project or applicant must be
reported to and concurred with by the Agency by written amendment to this letter.
If significant changes are made without obtaining such concurrence, the Agency
may discontinue processing of the application.
All conditions set forth under Section III—Requirements Prior to Advertising for
Bids must be met within 4 months of the date of this letter. If you have not met
these conditions, the Agency reserves the right to discontinue the processing of
your application.
If you agree to meet the conditions set forth in this letter and desire further
consideration be given to your application, please complete and return the
following forms within 5 days:
Form RD 1942-46, "Letter of Intent to Meet Conditions"
Form RD 1940-1, "Request for Obligation of Funds"
RUS Bulletin 1780-12 "Water and Waste System Grant Agreement"
The loan/grant will be considered approved on the date Form RD 1940-1, "Request
for Obligation of Funds," is signed by the approving official. Thus, this letter in
itself does not constitute loan and/or grant approval, nor does it ensure that funds
USDA is an equal opportunity provider, employer, and lender. 104
Glacier Creek WTP Project— Letter of Conditions 2
are or will be available for the project. When funds are available, the Form 1940-1 will be
provided to you for your signature. After you sign and return the form to the Agency, the request
will be processed and loan/grant funds will be approved and obligated.
Extra copies of this letter are being provided for use by your engineer, attorney,bond counsel
and accountant. All parties may access information and regulations referenced in this letter at
our website located at www.rd.usda.�ov.
The conditions are as follows:
SECTION I - PROJECT DETAIL
1. Proiect Descriution—Funds will be used for the pretreatment improvements of the
Glacier Creek Water Treatment Plant.
Facilities will be designed and constructed in accordance with sound engineering practices and
must meet the requirements of Federal, State, and local agencies. The proposed facility design
must be based on the Preliminary Engineering Report (PER) as concurred with by the Agency.
2. Proiect Fundin�—The Agency is offering the following funding for your project:
Agency Loan - $7,675,000
Agency Grant - $2,369,000
This offer is based upon the following additional funding being obtained.
Applicant Contribution - $98,000
TOTAL PROJECT COST - $10,142,000
This funding is offered based on the amounts stated above.
Any changes in funding sources following obligation of Agency funds must be reported to the
processing official. Project feasibility and funding will be reassessed if there is a significant
change in project costs after bids are received. If actual project costs exceed the project cost
estimates, an additional contribution by the Owner may be necessary. Prior to advertisement for
construction bids, you must provide evidence of applicant contributions and approval of other
funding sources. This evidence should include a copy of the commitment letter. Agency funds
will not be used to pre-finance funds committed to the project from other sources.
3. Proiect Budget—Funding from all sources has been budgeted for the estimated
expenditures as follows:
Proiect Costs: Total Budgeted:
Construction $5,910,805
105
Glacier Creek WTP Project— Letter of Conditions 3
Contingency $1,673,195
Engineering Fees $2,007,000
Includes:
RPR $527,000
Basic Services $1,403,000
Additional Services $77,000
Legal Services $40,000
Land& Rights $311,000
Interest- Interim $200,000
TOTAL $10,142,000
Obligated loan or grant funds not needed to complete the proposed project will be de-obligated
prior to start of construction. Any reduction will be applied to grant funds first. An amended
letter of conditions will be issued for any changes to the total project budget.
SECTION II—LOAN AND GRANT TERMS
4. Repavment—The interest rate will be the lower of the rate in effect at the time of loan
approval or the time of loan closing, unless you request otherwise. Should the interest rate be
reduced, the payment will be recalculated to the lower amount.
Your loan will be scheduled for repayment over a period of 40 years. Payments will be equal
monthly amortized installments, beginning one month after closing. For planning purposes, use
a 1.375% interest rate and an amortization factor of 2.71, which provides for an monthly
payment of$20,800. The precise payment amount will be based on the interest rate at which the
loan is closed, and may be different than the one above.
The payment due date will be established as the day that the loan closes. Due dates falling on the
29th, 30th, and 31 st day of the month will be avoided.
5. Securitv—The loan will be secured by a Revenue bond with 2nd lien position in the amount
of$7,675,000. The bond will be fully registered as to both principal and interest in the name of
the United States of America, Acting through the United States Department of Agriculture.
Additional security requirements are contained in RUS Bulletin 1780-12, "Water and Waste
System Grant Agreement," and 1780-27, "Loan Resolution (Public Bodies)."A draft of all
security instruments, including draft bond resolution, must be reviewed and concurred in by the
Agency prior to advertising for bids. The bond resolution and Loan Resolution must be duly
adopted and executed prior to loan closing. The Grant Agreement must be fully executed prior
to the first disbursement of grant funds.
6. Electronic Pavments—Payments will be made on the day your payment is due through
an electronic preauthorized debit system. You will be required to complete Form RD 3550-28,
"Autharization Agreement for Preauthorized Payments," for all new and existing indebtedness to
106
Glacier Creek WTP Project— Letter of Conditions 4
the Agency prior to loan closing. It will allow for your payment to be electronically debited
from your account on the day your payment is due.
7. Construction Completion Timeframe -All projects must be completed and all funds
disbursed within five years of obligation. If funds are not disbursed within five years of
obligation, you must submit to the Agency a written request for extension of time with adequate
justification of circumstances beyond your control. Requests for waivers beyond the initial
extension will be submitted to the Assistant Administrator for concurrence decision.
S. Disbursement of A�encv Funds - Agency funds will be disbursed into the borrower's
depository account through an electronic transfer system. SF 3881, "ACH
Vendor/Miscellaneous Payment Enrollment Form," must be completed and submitted to the
Agency prior to advertising for bids.
Any applicant contribution will be the first funds expended, followed by other funding sources.
Interim financing or Agency loan funds will be expended after all other funding sources unless a
written agreement is reached with all other funding sources on how funds are to be disbursed
prior to start of construction or loan closing, whichever occurs first. Interim financing funds or
Agency loan funds must be used prior to the use of Agency grant funds. Tne Grant Agreement
must not be closed and funds must not be disbursed prior to loan funds except as specified in
RUS Instruction 1780.45(d). In the unlikely event the Agency mistakenly disburses funds, the
funds will be remitted back to the Agency electronically.
9. Reserves—Reserves must be properly budgeted to maintain the financial viability and
sustainability of any operation. Reserves are important to fund unanticipated emergency
maintenance and repairs, and assist with debt service should the need arise. The following
reserves are required to be established as a condition of this loan:
a. Debt Service Reserve—As a part of this Agency loan proposal, you must establish a
debt service reserve fund equal to at least one annual loan installment that accumulates at
the rate of 10% of one annual payment per year for ten years or until the balance is equal
to one annual loan payment. Ten percent of the proposed loan installment would equal
$2,280 per month; this amount should be deposited monthly until a total of$22,79 has
accumulated. Prior written concurrence from the Agency must be obtained before funds
may be withdrawn from this account during the life of the loan. When funds are
withdrawn during the life of the loan, deposits will continue as designated above until the
fully-funded amount is reached.
b. Short-Lived Asset Reserve—In addition to the debt service reserve fund, you must
establish a short-lived asset reserve fund. Based on the preliminary engineering report,
you must deposit at least$342,553 into the short-lived asset reserve fund annually for the
life of the loan to pay for repairs and/or replacement of major system assets. It is your
responsibility to assess your facility's short-lived asset needs on a regular basis and adjust
the amount deposited to meet those needs.
107
Glacier Creek WTP Project— Letter of Conditions 5
Current assets can also be used to establish and maintain reserves for expected expenses,
including but not limited to operation and maintenance, deferred interest during the construction
period, and an asset management program.
SECTION III—REOUIREMENTS PRIOR TO ADVERTISING FOR BIDS
10. Environmental Requirements—The project as proposed has been evaluated to be
consistent with the National Environmental Policy Act. Other Federal, State, tribal, and local
laws, regulations and or permits may apply or be required. If the project or any project element
deviates from or is modified from the originally-approved project, additional environmental
review may be required.
11. Engineerin� Services—You have been required to complete an Agreement for
Engineering Services, which should consist of the Engineers Joint Contract Documents
Committee (EJCDC) documents as indicated in RUS Bulletin 1780-26, "Guidance for the Use of
EJCDC Documents on Water and Waste Projects with RUS Financial Assistance," or other
approved form of agreement. The Agency will provide concurrence prior to advertising for bids,
and must approve any modifications to this agreement.
12. Contract Documents, Final Plans, and Specifications
a. The contract documents must consist of the EJCDC construction contract documents as
indicated in RUS Bulletin 1780-26 or other Agency-approved forms of agreement.
b. The contract documents, final plans, and specifications must comply with RUS
Instruction 1780, Subpart C—Planning, Designing, Bidding, Contracting, Constructing
and Inspections, and must be submitted to the Agency for concurrence prior to
advertising far bids along with an updated cost estimate. The Agency may require
another updated cost estimate if a significant amount of time elapses between the original
submission and advertising for bids.
c. The use of any procurement method other than competitive sealed bids must be requested
in writing and approved by the Agency.
13. Le�al Services—You have been required to execute a legal services agreement with your
attorney and bond counsel, if applicable, far any legal work needed in connection with this
project. The agreement should stipulate an hourly rate for the work, with a"not to exceed"
amount for the services, including reimbursable expenses. RUS Bulletin 1780-7, "Legal
Services Agreement," or similar format may be used. The Agency will provide concurrence
prior to advertising for bids. Any changes to the fees or services spelled out in the original
agreement must be reflected in an amendment to the agreement and have prior Agency
concurrence.
14. Propertv Ri�hts - Prior to advertising for bids, you and your legal counsel must furnish
satisfactory evidence that you have or can obtain adequate continuous and valid control over the
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Glacier Creek WTP Project— Letter of Conditions 6
lands and rights-of-way needed for the project. Acquisitions of necessary land and rights must
be accomplished in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act. Such control over the lands and rights will be evidenced by the
following:
a. Right-of-Way Map—Your engineer will provide a map clearly showing the location of
all lands and rights-of-way needed for the project. The map must designate public and
private lands and rights and the appropriate legal ownership thereof.
b. Form RD 442-20, "Right-of-Way Easement"—This form may be used to obtain any
necessary easements for the proposed project.
c. Form RD 442-21, "Right-of-Way Certificate"—You will provide a certification on this
form that all right-of-way requirements have been obtained for the proposed project.
d. Form RD 442-22, "Opinion of Counsel Relative to Rights-of-Way"—Your attorney
will provide a certification and legal opinion on this form addressing rights-of-way,
easements, and title.
e. Preliminary Title Work(Title Opinion)—When applicable, your attorney will provide a
preliminary title opinion for any property related to the facility, currently owned and to
be acquired, along with copies of deeds, contracts or options for purchasing said property.
Form RD 1927-9, "Preliminary Title Opinion,"may be used.
The approving official may waive title defects or restrictions, such as utility easements, that do
not adversely affect the suitability, successful operation, security value, or transferability of the
facility. Any such waivers must be provided by the approving official in writing prior to closing
or the start of construction, whichever occurs first.
You are responsible for the acquisition of all property rights necessary for the project and for
determining that prices paid are reasonable and fair. The Agency may require an appraisal by an
independent appraiser or Agency employee in order to validate the price to be paid.
15. Svstem Policies, Procedures, Contracts, and Agreements—The facility must be operated
on a sound business plan. You must adopt policies,procedures, and/ar ardinances outlining the
conditions of service and use of the proposed system. Mandatory connection policies should be
used where enforceable. The policies,procedures, and/ar ordinances must contain an effective
collection policy for accounts not paid in full within a specified number of days after the date of
billing. They should include appropriate late fees, specified timeframes far disconnection of
service, and reconnection fees. A draft of these policies, procedures, and/or ordinances must be
submitted for Agency review and concurrence, along with the documents below,before closing
instructions may be issued unless otherwise stated.
a. Conflict of Interest Policy—Prior to obligation of funds,you must certify in writing that
your arganization has in place an up-to-date written policy on conflict of interest. The
policy will include, at a minimum: (1) a requirement for those with a conflict or potential
conflict to disclose the conflict/potential conflict; (2) a clause that prohibits interested
members of the applicant's governing body from voting on any matter in which there is a
conflict, and(3) a description of the specific process by which the governing body will
manage identified or potential conflicts.
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Glacier Creek WTP Project— Letter of Conditions 7
You must also submit a disclosure of planned or potential transactions related to the use
of Federal funds that may constitute or present the appearance of personal or
organizational conflict of interest. Disclosure must be in the form of a written letter
signed and dated by the applicant's officiaL A negative disclosure in the same format is
required if no conflicts are anticipated.
Sample conflict of interest policies may be found at the National Council of Nonprofits
website, httbs://www.councilofnonprofits.or�/tools-resources/conflict-of-interest, or in
Internal Revenue Service Form 1023, Appendix A, "Sample Conflict of Interest Policy,"
at http://www.irs.�ov/bub/irs-pdf/i1023.pd£ Though these examples reference non-profit
corporations, the requirement applies to all types of Agency borrowers.
Assistance in developing a conflict of interest policy is available through Agency-
contracted technical assistance providers if desired.
b. Contracts for Other Services/Lease Agreement—Drafts of any contracts or other
forms of agreements for other services, including audit, management, operation, and
maintenance, or lease agreements covering real property essential to the successful
operation of the facility, must be submitted to the Agency for review and concurrence
prior to advertising for bids.
c. Other agreements with governments or other entities regarding joint operation of
facilities, granting authority to Agency borrower for providing service within another
entity's service area, etc. — [describe the agreement] —The draft agreement must receive
Agency concurrence prior to advertising for bids.
Fully executed copies of any policies,procedures, ordinances, contracts, ar agreements must be
submitted prior to loan closing, with the exception of the conflict of interest policy, which must
be in place prior to obligation of funds.
16. Closin�Instructions—The Agency will prepare closing instructions as soon as the
requirements of the previous paragraphs are complete, as well as a draft of the security
instrument(s). Closing instructions must be obtained prior to advertising for bids.
17. Interim Financin�—For all loans exceeding $500,000, where loan funds can be
borrowed at reasonable interest rates on an interim basis from commercial sources for the
construction period, such interim financing will be used to preclude the necessity far multiple
advances of Agency loan funds. You must provide the Agency with a copy of the interim loan
financing agreement for review prior to advertising for bids. The Agency approving official may
make an exception when interim financing is cost prohibitive or unavailable. Grant funds from
the Agency will be disbursed by multiple advances through electronic transfer of funds after
interim financing or Agency loan funds are expended, in accordance with RUS Instruction
1780.45.
18. Construction Account—You must establish a construction account for all funds related
to the project. Construction funds will be deposited with an acceptable financial institution or
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Glacier Creek WTP Project— Letter of Conditions 8
depository that meets the requirements of 31 CFR Part 202. A separate account will not be
required for Federal funds and other funds; however, the recipient must be able to separately
identify, report, and account for all Federal funds, including the receipt, obligation and
expenditure of funds. Financial institutions or depositaries accepting deposits of public funds
and providing other financial agency services to the Federal Government are required to pledge
adequate, acceptable securities as collateral, in accordance with 31 CFR Part 202. All funds in
the account will be secured by a collateral pledge equaling at least 100% of the highest amount
of funds expected to be deposited in the construction account at any one time. Your financial
institution can provide additional guidance on collateral pledge requirements.
Agency funds will be disbursed into the borrower's depository account through an electronic
transfer system. SF 3881, "ACH Vendor/Miscellaneous Payment Enrollment Form,"must be
completed and submitted to the Agency prior to advertising for bids.
19. Svstem Users—This letter of conditions is based upon your indication at application that
there will be at least 4,082 residential users, 1,360 non-residential users, and 5 bulk/wholesale
users on the existing system when construction is completed.
Before the Agency can agree to the project being advertised for construction bids, you must
certify that the number of users indicated at application are currently using the system or signed
up to use the system once it is operational.
If the actual number of existing and/or proposed users that have signed up for service is less than
the number indicated at the time of application, you must provide the Agency with a written plan
on how you will obtain the necessary revenue to adequately cash flow the expected operation,
maintenance, debt service, and reserve requirements of the proposed project(e.g., increase user
rates, sign up an adequate number of other users, reduce project scope, etc.). Similar action is
required if there is cause to modify the anticipated flows or volumes presented following
approval.
If you are relying on mandatory connection requirements, you must provide evidence of the
authorizing ordinance or statute along with your user certification.
20. Other Fundin�—Prior to advertising for bids, you must provide evidence of applicant
contributions and approval of other funding sources. This evidence should include a copy of the
commitment letter from each source.
21. Proposed Operating Budget—You must establish and/or maintain a rate schedule that
provides adequate income to meet the minimum requirements for operation and maintenance
(O&M), debt service, and reserves. Prior to advertising for bids,you must submit a proposed
annual operating budget to the Agency which supports the operation, maintenance, debt service,
and reserves, as well as your proposed rate schedule. The operating budget should be based on a
typical year cash flow after completion of the construction phase and should be signed by the
appropriate official of your organization. Form RD 442-7, "Operating Budget," or similar
format may be utilized for this purpose. It is expected that O&M will change over each
successive year and user rates will need to be adjusted on a regular basis.
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Glacier Creek WTP Project— Letter of Conditions 9
Technical assistance is available at no cost to help you evaluate and complete a rate analysis on
your system. This assistance is available free to your organization. If you are interested please
contact our office for information.
22. Permits—The owner or responsible party will be required to obtain all applicable permits
for the project,prior to advertising for bids. The consulting engineer must submit written
evidence that all applicable permits required prior to construction have been obtained with
submission to the Agency of the final plans, specifications, and bid documents.
23. Vulnerabilitv Assessment/Emergencv Response Plan (VA/ERP)—The Agency requires
all financed water and wastewater systems to have a VA/ERP in place. Borrowers with existing
systems must provide a certification that a VA/ERP has been completed prior to advertising for
bids. The VA/ERP documents themselves are not submitted to the Agency. The VA/ERP must
address potential impacts from natural disasters and other emergency events. In particular, it
should include plans to address impacts of flash flooding in areas where severe drought or
wildfires occur. The documents should be reviewed and updated every three years at a
minimum.
For new systems, see Section V of this letter of conditions. For VA/ERP requirements
throughout the life of the loan, see Section VIL Technical assistance at no cost is available in
preparing these documents.
24. Bid Authorization - Once all the conditions outlined in Section III of this letter have
been met, the Agency will authorize you to advertise the project for construction bids. Such
advertisement must be in accordance with applicable State statutes.
SECTION IV- REpUIREMENTS PRIOR TO START OF CONSTRUCTION
25. Bid Tabulation—Immediately after bid opening, you must provide the Agency with the
bid tabulation and your engineer's evaluation of bids and recommendations for contract awards.
If the Agency agrees that the construction bids received are acceptable, adequate funds are
available to cover the total project costs, and all the requirements of Section III of this letter have
been satisfied, the Agency will authorize you to issue the Notice of Award.
a. Cost Overruns. If bids are higher than expected, or if unexpected construction problems
are encountered, you must utilize all options to reduce cost overruns. Negotiations,
redesign, use of bidding alternatives, rebidding or other means will be considered prior to
commitment of subsequent funding by the Agency. Any requests for subsequent funding
to cover cost overruns will be contingent on the availability of funds. Cost overruns
exceeding 20% of the development cost at time of loan or grant approval or where the
scope of the original purpose has changed will compete for funds with all other
applications on hand as of that date.
b. Excess Funds. If bids are lower than anticipated at time of obligation, excess funds must
be deobligated prior to start of construction except in the cases addressed in this
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Glacier Creek WTP Project— Letter of Conditions 10
paragraph. In cases where the original PER for the project included items that were not
bid, or were bid as an alternate, the State Office official may modify the project to fully
utilize obligated funds for those items. Amendments to the PER, ER, and letter of
conditions may be needed for any work not included in the original project scope. In all
cases,prior to start of construction, excess funds will be deobligated, with grant funds
being deobligated first. Excess funds do not include contingency funds as described in
this letter.
26. Contract Review—Your attorney will certify that the executed contract documents,
including performance and payment, if required, are adequate and that the persons executing
these documents have been properly authorized to do so in accordance with RUS Instruction
1780.61(b).
Once your attorney has certified that they are acceptable, the contract documents will be
submitted to the Agency for its concurrence. The Notice to Proceed cannot be issued until the
Agency has concurred with the construction contracts.
27. Final Rights-of-Wav—If any of the rights-of-way forms listed previously in this letter
contain exceptions that do not adversely affect the suitability, successful operation, security
value, or transferability of the facility, the approving official must provide a written waiver prior
to the issuance of the Notice to Proceed. For projects involving the acquisition of land,you must
provide evidence that you have clear title to the land prior to the issuance of the Notice to
Proceed.
Final Title Work- Your attorney must furnish a separate final title opinion on all existing real
property related to the facility, now owned and to be acquired for this project, as of the day of
loan closing or start of construction, whichever occurs first. Form RD 1927-10, "Final Title
Opinion" may be used.
28. Insurance and Bonding Requirements -Prior to the start of construction or loan closing,
whichever occurs first, you must acquire and submit to the Agency proof of the types of
insurance and bond coverage for the borrower shown below. The use of deductibles may be
allowed, providing you have the financial resources to cover potential claims requiring payment
of the deductible. The Agency strongly recommends that you have your engineer, attorney, and
insurance provider(s) review proposed types and amounts of coverage, including any exclusions
and deductible provisions. It is your responsibility and not that of the Agency to assure that
adequate insurance and fidelity or employee dishonesty bond or insurance coverage is
maintained.
a. General Liability Insurance—Include vehicular coverage.
b. Workers Compensation —In accordance with appropriate State laws.
c. Fidelity or Employee Dishonesty Bonds or Insurance—Include coverage for all
persons who have access to funds, including persons working under a contract or
management agreement. Coverage may be provided either for all individual positions or
persons, or through blanket coverage providing protection for all appropriate workers.
During construction, each position should be bonded in an amount equal to the maximum
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Glacier Creek WTP Project— Letter of Conditions 11
amount of funds to be under the control of that position at any one time. The coverage
may be increased during construction based on the anticipated monthly advances. After
construction and throughout the life of the loan, the amount of coverage must be for at
least the total annual debt service of all outstanding Agency loans. The Agency will be
identified in the fidelity bond for receipt of notices. Form RD 440-24, "Position Fidelity
Schedule Bond," or similar format may be used.
d. National Flood Insurance - If the project involves acquisition or construction in
designated special flood or mudslide prone areas, you must purchase a flood insurance
policy at the time of loan closing.
e. Real Property Insurance—Fire and extended coverage will normally be maintained on
all structures except reservoirs,pipelines and other structures if such structures are not
normally insured, and subsurface lift stations except for the value of electrical and
pumping equipment. The Agency will be listed as mortgagee on the policy when the
Agency has a lien on the property. Prior to the acceptance of the facility from the
contractor(s), you must obtain real property insurance(fire and extended coverage) on all
facilities identified above.
Insurance types described above are required to be continued throughout the life of the loan. See
Section VII.
29. Initial Compliance Review—The Agency will conduct an initial compliance review of
the borrower prior to loan closing or start of construction, whichever occurs first, in accordance
with 7 CFR 1901, Subpart E.
SECTION V—REQUIREMENTS PRIOR TO LOAN CLOSING
30. Interim Financing—Loan closing will occur near the end of construction when interim
funds are about to be completely disbursed. Documents detailed above from Sections II and III
regarding security, electronic payments (Form 3550-28), and system policies,procedures,
contracts, and agreements must be adopted and/or executed and submitted to the Agency prior to
loan closing. In addition, the following items are required prior to closing:
31. Vulnerabilitv Assessment/Emergencv Response Plan (VA/ERP)—The Agency requires
all financed water and wastewater systems to have a VA/ERP in place. New water or
wastewater systems must provide a certification that an ERP is complete priar to the start of
operation, and a certification that a VA is complete must be submitted within one year of the
start of operation. Borrowers with existing systems must provide a certification that a VA and
ERP are completed prior to authorization to advertise for bids. The VA/ERP documents are not
submitted to the Agency. Technical assistance is available in preparing these documents at no
cost to you. The VA/ERP must address potential impacts from natural disasters and other
emergency events. In particular, it should include plans to address impacts of flash flooding in
areas where severe drought or wildfires occur. The documents should be reviewed and updated
every three years at a minimum.
32. Other Requirements—All requirements contained in the Agency's closing instructions, as
well as any requirements of your bond counsel and/or attorney, must be met prior to loan closing.
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Glacier Creek WTP Project— Letter of Conditions 12
a. Svstem for Award Mana�ement. You will be required to maintain a Dun & Bradstreet
Data Universal Numbering System(DUNS) number and maintain an active registration
in the System for Award Management (SAM) database. Renewal can be done on-line at:
http://sam.�ov. This registration must be renewed and revalidated every twelve (12)
months for as long as there are Agency funds to be expended. See Appendix A.
To ensure the information is current, accurate and complete, and to prevent the SAM
account expiration, the review and updates must be performed within 365 days of the
activation date, commonly referred to as the expiration date. The registration process
may take up to 10 business days. (See 2 CFR Part 25 and the "Help" section at
http://sam.�ovl.
b. Litigation. You are required to notify the Agency within 30 days of receiving
notification of being involved in any type of litigation prior to loan closing or start of
construction, whichever occurs first. Additional documentation regarding the situation
and litigation may be requested by the Agency.
c. Certified Operator. Evidence must be provided that your system has or will have, as
defined by applicable State or Federal requirements, a certified operator available prior to
the system becoming operational, or that a suitable supervisory agreement with a certified
operator is in effect.
SECTION VI—REOUIREMENTS DURING CONSTRUCTION AND POST
CONSTRUCTION
33. Resident Insnector(s)—Full-time inspection is required unless you request an exception.
Such requests must be made in writing and the Agency must concur with the request. Inspection
services are to be provided by the consulting engineer unless other arrangements are requested in
writing and concurred with by the Agency. A resume of qualifications of any resident
inspector(s) will be submitted to the owner and Agency for review and concurrence priar to the
pre-construction conference. The resident inspector(s) must attend the pre-construction
conference.
34. Preconstruction Conference—A preconstruction conference will be held prior to the
issuance of the Notice to Proceed. The consulting engineer will review the planned development
with the Agency, owner, resident inspector, attorney, contractor, other funders, and other
interested parties, and will provide minutes of this meeting to the owner and Agency.
35. Insuections - The Agency requires a pre-construction conference, pre-final and final
inspections, and a warranty inspection. Your engineer will schedule a warranty inspection with
the contractor and the Agency before the end of the one-year warranty period to address and/or
resolve any warranty issues. The Agency will conduct an inspection with you of your records
management system at the same time, and will continue to inspect the facility and your records
system every three years far the life of the loan. See Section VII of this letter.
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Glacier Creek WTP Project— Letter of Conditions 13
36. Chan�e Orders—Prior Agency concurrence is required for all Change Orders.
37. Pavments—Prior Agency concurrence is required for all Invoices and Partial Payment
Estimates before Agency funds will be released. Requests for payment related to a contract or
service agreement will be signed by the owner,project engineer, and contractor or service
provider prior to Agency concurrence. Invoices not related to a construction contract or service
agreement will include the owner's written concurrence.
38. Use of Remaining Funds—Applicant contribution and connection or tap fees will be the
first funds expended in the project, followed by non-Agency sources of funds. Remaining funds
may be considered in direct proportion to the amounts obtained from each source and handled as
follows:
a. Remaining funds may be used for eligible loan and grant purposes,provided the use will
not result in major changes to the ori�inal scope of work and the purpose of the loan and
grant remains the same.
b. Loan funds that are not needed will be cancelled (de-obligated)prior to loan closing.
39. Technical, Managerial and Financial Caqacitv - It is required that members of the Board
of Directors, City Council members, trustees, commissioners and other governing members
possess the necessary technical, managerial, and financial capacity skills to consistently comply
with pertinent Federal and State laws and requirements. It is recommended members receive
training within one year of appointment or election to the governing board, and a refresher
training for all governing members on a routine basis. The content and amount of training
should be tailored to the needs of the particular individual and the utility system. Technical
assistance providers are available to provide this training for your organization, often at no cost.
Contact the Agency for information.
40. Reuorting Reauirements Related to Expenditure of Funds
a. Financial Audit—An annual audit under the Single Audit Act is required if you expend
$750,000 ar mare in Federal financial assistance per fiscal year. The total Federal funds
expended from all sources shall be used to determine Federal financial assistance
expended. Expenditures of interim financing are considered Federal expenditures.
All audits are to be performed in accordance with 2 CFR Part 200, as adopted by USDA
through 2 CFR Part 400. Further guidance on preparing an acceptable audit can be
obtained from the Agency. The audit must be prepared by an independent licensed
Certified Public Accountant, or a State or Federal auditor if allowed by State law, and
must be submitted within 9 months of your fiscal year end.
If an audit is required, you must enter into a written agreement with the auditor and
submit a copy to the Agency prior to the advertisement of bids. The audit agreement may
include terms and conditions that the borrower and auditor deem appropriate; however,
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Glacier Creek WTP Project— Letter of Conditions 14
the agreement should include the type of audit to be completed, the time frame in which
the audit will be completed, and how irregularities will be reported.
b. Subawards and Executive Compensation —You as a recipient of Federal funds and your
first-tier contractors are required by 2 CFR Part 170 to report disbursements to
subrecipients in accordance with Appendix B of this letter and www.fsrs.�ov. Your
Agency processing office can provide more information.
SECTION VII—SERVICING REQUIREMENTS DURING THE TERM OF THE LOAN
41. Prepavment and Extra Pavments -Prepayments of scheduled installments, or any portion
thereof, may be made at any time at the option of borrower, with no penalty.
Security instruments, including bonding documents, must contain the following language
regarding extra payments, unless prohibited by State statute:
Prepayments of scheduled installments, o�any portion thereof, may be made at any ti�ne
at the option of borrower. Refunds, extra payments and loan proceeds obtained fi^om
outside sources for the purpose of paying down the Agency debt, shall, afte�payment of
interest, be applied to the installments last to become due under this note and shall not
affect the obligation of borrower to pay the remaining installments as scheduled in your
security insti^uments.
42. Graduation - By accepting this loan, you are also agreeing to refinance (graduate)the
unpaid loan balance in whole, or in part, upon request of the Government. If at any time the
Agency determines you are able to obtain a loan for such purposes from responsible cooperative
ar private sources at reasonable rates and terms, you will be requested to refinance. Your ability
to refinance will be assessed every other year for those loans that are five years old or older.
43. Securitv/Operational Inspections —The Agency will inspect the facility and conduct a
review of your operations and records management system and conflict of interest policy every
three years for the life of the loan. You must participate in these inspections and provide the
required information.
44. Annual Financial Reportin�/Audit Requirements —You are required to submit an
annual financial report at the end of each fiscal year. The annual report will be certified by the
appropriate arganization official, and will consist of financial information and a rate schedule.
Financial statements must be prepared on the accrual basis of accounting in accordance with
generally accepted accounting principles (GAAP), and must include at a minimum a balance
sheet and income and expense statement. The annual report will include separate reporting for
each water and waste disposal facility, and itemize cash accounts by type (debt service, short-
lived assets, etc.)under each facility. All records,books and supporting material are to be
retained far three years after the issuance of the annual report. Technical assistance is available
at no cost with preparing financial reports.
The type of financial information that must be submitted is specified below:
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Glacier Creek WTP Project— Letter of Conditions 15
a. Audits—An annual audit under the Single Audit Act is required if you expend $750,000
or more in Federal financial assistance per fiscal year. The total Federal funds expended
from all sources shall be used to determine Federal financial assistance expended.
Expenditures of interim financing are considered Federal expenditures.
All audits are to be performed in accordance with 2 CFR Part 200, as adopted by USDA
through 2 CFR Part 400. Further guidance on preparing an acceptable audit can be
obtained from the Agency. It is not intended that audits required by this part be separate
and apart from audits performed in accordance with State and local laws. To the extent
feasible, the audit work should be done in conjunction with those audits. The audit must
be prepared by an independent licensed Certified Public Accountant, or a State or Federal
auditor if allowed by State law, and must be submitted within 9 months of your fiscal
year end.
If an audit is required, you must enter into a written agreement with the auditor and
submit a copy to the Agency prior to the advertisement of bids. The audit agreement may
include terms and conditions that the borrower and auditor deem appropriate; however,
the agreement should include the type of audit or financial statements to be completed,
the time frame in which the audit or financial statements will be completed, what type of
reports will be generated from the services provided, and how irregularities will be
reported.
b. Financial Statements—If you expend less than $750,000 in Federal financial assistance
per fiscal year, you may submit financial statements in lieu of an audit which include at a
minimum a balance sheet and an income and expense statement. You may use Form RD
442-2, "Statement of Budget, Income and Equity," and 442-3, `Balance Sheet," or
similar format to provide the financial information. The financial statements must be
signed by the appropriate borrower official and submitted within 60 days of your fiscal
year end.
45. Annual Bud�et and Proiected Cash Flow- Thirty days prior to the beginning of each
fiscal year,you will be required to submit an annual budget and projected cash flow to this
office. With the submission of the annual budget, you will be required to provide a current rate
schedule, and a current listing of the Board ar Council members and their terms. The budget
must be signed by the appropriate borrower official. Form RD 442-2 or similar format may be
used.
Technical assistance is available at no cost to help you evaluate and complete a rate analysis on
your system, as well as completing the annual budget. If you are interested,please contact our
office for information.
46. Vulnerabilitv Assessment/Emergencv Response Plan (VA/ERP)—You will be required
to submit a certification to the servicing office every three years that the VA/ERP is current and
covers all sites related to the facility. The documents themselves are not submitted to the
Agency. The VA/ERP must address potential impacts from natural disasters and other
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Glacier Creek WTP Project— Letter of Conditions 16
emergency events. In particular, it should include plans to address impacts of flash flooding in
areas where severe drought or wildfires occur. The documents should be reviewed and updated
every three years at a minimum.
47. Insurance. You will be required to maintain insurance on the facility and employees as
previously described in this letter for the life of the loan.
48. Continuation of Financing Statements -- At the direction of Rural Development, you will
periodically submit to Rural Development adequate funds for the continuation of the Financing
Statement(s) associated with the loan(s).
49. Statutory and National Policv Requirements—As a recipient of Federal funding, you are
required to comply with U.S. statutory and public policy requirements, including but not limited
to:
a. Section 504 of the Rehabilitation Act of 1973—Under Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States
shall, solely by reason of their handicap, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity receiving
Agency financial assistance.
b. Civil Rights Act of 1964—All borrowers are subject to, and facilities must be operated
in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et sea•)
and 7 CFR 1901, Subpart E,particularly as it relates to conducting and reporting of
compliance reviews. Instruments of conveyance for loans and/or grants subject to the
Act must contain the covenant required by Paragraph 1901202(e) of this Title.
c. The Americans with Disabilities Act (ADA) of 1990—This Act (42 U.S.C. 12101 et
se�c.)prohibits discrimination on the basis of disability in employment, State and local
government services,public transportation, public accommodations, facilities, and
telecommunications.
d. Age Discrimination Act of 1975—This Act(42 U.S.C. 6101 et sea•)provides that no
person in the United States shall on the basis of age, be excluded from participation in,be
denied the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance.
e. Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and
autharities prohibit exclusion from participation in, denial of benefits of, and
discrimination under Federally-assisted and/or conducted programs on the ground of
race, colar, or national origin. Title VI of the Civil Rights Act of 1964 covers program
access for LEP persons. LEP persons are individuals who do not speak English as their
primary language and who have a limited ability to read, speak, write, or understand
English. These individuals may be entitled to language assistance, free of charge. You
must take reasonable steps to ensure that LEP persons receive the language assistance
necessary to have meaningful access to USDA programs, services, and information your
organization provides. These protections are pursuant to Executive Order 13166 entitled,
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Glacier Creek WTP Project— Letter of Conditions 17
"Improving Access to Services by Persons with Limited English Proficiency" and further
affirmed in the USDA Departmental Regulation 4330-005, "Prohibition Against National
Origin Discrimination Affecting Persons with Limited English Proficiency in Programs
and Activities Conducted by USDA."
Agency financial programs must be extended without regard to race, color, religion, sex, national
origin, marital status, age, or physical or mental handicap. You must display posters (provided
by the Agency) informing users of these requirements, and the Agency will monitor your
compliance with these requirements during regular compliance reviews.
50. Compliance Reviews and Data Collection—The Agency will conduct regular compliance
reviews of the borrower and its operation in accordance with 7 CFR Part 1901, Subpart E, and 36
CFR 1191, Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and
Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines. Compliance reviews will
typically be conducted in conjunction with the security inspections described in this letter. If
beneficiaries (users) are required to complete an application or screening for the use of the
facility or service that you provide, you must request and collect data by race (American Indian
or Alaska Native, Asian, Black or African American, White); ethnicity (Hispanic or Latino, Not
Hispanic or Latino); and by sex. The Agency will utilize this data as part of the required
compliance review.
SECTION VIII—REMEDIES FOR NON-COMPLIANCE
Non-compliance with the conditions in this letter or requirements of your security documents
will be addressed under the provisions of 7 CFR 1782 and other applicable regulations, statutes,
and policies.
We look forward to working with you to complete this project. If you have any questions,please
contact me at 720-544-290 ar by e-mail at allison.ruiz(�a,co.usda.�ov
Sincerely,
ALLISON RUIZ
Community Programs Loan Specialist
120
RUS Bulletin 1780-12
Water and Waste System Grant Agreement
United States Department of Agriculture
Rural Utilities Service
THIS AGREEMENT dated , between
Town of Estes Park,acting by and through its Water Activity Enterprise
a public corporation organized and operating under
31-15-708;31-35-402
(Authorizing Statute)
herein called ��Grantee," and the United States of America acting through the Rural Utilities Service, Department
of Agriculture, herein called ��Grantor,"WITNESSETH:
WHEREAS
Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement
of a (water) (waste) system to serve the area under its jurisdiction at an estimated cost of$ 10,142,000.00
and has duly authorized the undertaking of such project.
Grantee is able to finance not more than $ 7,773,000.00 of the development costs through
revenues, charges, taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable
user charge.
Said sum of$ 7,773,000.0o has been committed to and by Grantee for such project
development costs.
Grantor has agreed to grant the Grantee a sum not to exceed $ 2,369,000.00 or 23.36
percent of said project development costs, whichever is the lesser, subject to the terms and conditions
established by the Grantor. Provided, however, that the proportionate share of any grant funds actually
advanced and not needed for grant purposes shall be returned immediately to the Grantor. The Grantor may
terminate the grant in whole, or in part, at any time before the date of completion, whenever it is determined that
the Grantee has failed to comply with the Conditions of the grant.
As a condition of this grant agreement, the Grantee assures and certifies that it is in compliance with and will
comply in the course of the agreement with all applicable laws, regulations, Executive orders and other generally
applicable requirements, including those set out in 7 CFR 3015.205(b), which hereby are incorporated into this
agreement by reference, and such other statutory provisions as are specifically set forth herein.
NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to
Section 306(a) of The Consolidated Farm and Rural Development Act for the purpose only of defraying a part
not to exceed 23.36 percent of the project development costs, as defined by applicable Rural Utilities Service
instructions.
Grantee Agrees That Grantee Will:
A. Cause said project to be constructed within the total sums available to it, including said grant, in
accordance with the project plans and specifications and any modifications thereof prepared by Grantee and
approved by Grantor.
121
Bulletin 1780-12
Page 2
B. Permit periodic inspection of the construction by a representative of Grantor during construction.
C. Manage, operate and maintain the system, including this project if less than the whole of said system,
continuously in an efficient and economical manner.
D. Make the services of said system available within its capacity to all persons in Grantee's service area
without discrimination as to race, color, religion, sex, national origin, age, marital status, or physical or mental
handicap (possess capacity to enter into legal contract for services) at reasonable charges, including
assessments, taxes, or fees in accordance with a schedule of such charges, whether for one or more classes of
service, adopted by resolution dated , as may be modified from time to time by
Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make such
modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory.
E. Adjust its operating costs and service charges from time to time to provide for adequate operation and
maintenance, emergency repair reserves, obsolescence reserves, debt service and debt service reserves.
F. Expand its system from time to time to meet reasonably anticipated growth or service requirements in
the area within its jurisdiction.
G. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its
operations by a representative of the Grantor.
H. To execute any agreements required by Grantor which Grantee is legally authorized to execute. If
any such agreement has been executed by Grantee as a result of a loan being made to Grantee by Grantor
contemporaneously with the making of this grant, another agreement of the same type need not be executed in
connection with this grant.
I. Upon any default under its representations or agreements set forth in this instrument, Grantee, at the
option and demand of Grantor, will repay to Grantor forthwith the original principal amount of the grant stated
herein above with the interest at the rate of 5 percentum per annum from the date of the default. Default by the
Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the
grant. The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to
prior waivers by it previous defaults of Grantee, by judicial proceedings to require specific performance of the
terms of this Grant Agreement or by such other proceedings in law or equity, in either Federal or State courts, as
may be deemed necessary by Grantor to assure compliance with the provisions of this Grant Agreement and
the laws and regulations under which this grant is made.
J. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually
advanced and not needed by Grantee for approved purposes.
K. Use the real property including land, land improvements, structures, and appurtenances thereto, for
authorized purposes of the grant as long as needed.
1. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the
real property for the authorized purpose of the original grant as long as needed.
2. The Grantee shall obtain approval by the Grantor agency for the use of the real property in other
projects when the Grantee determines that the property is no longer needed for the original grant
purposes. Use in other projects shall be limited to those under other Federal grant programs or programs
that have purposes consistent with those authorized for support by the Grantor.
122
RUS Bulletin 1780-12
Page 3
3. When the real property is no longer needed as provided in 1 and 2 above, the Grantee shall request
disposition instructions from the Grantor agency or its successor Federal agency. The Grantor agency
shall observe the following rules in the disposition instructions:
(a) The Grantee may be permitted to retain title after it compensates the Federal Government in
an amount computed by applying the Federal percentage of participation in the cost of the
original project to the fair market value of the property.
(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor
agency. When the Grantee is authorized or required to sell the property, proper sales procedures
shall be established that provide for competition to the extent practicable and result in the highest
possible return.
�Revision 1, 04/17/1998]
(c) The Grantee may be directed to transfer title to the property to the Federal Government
provided that in such cases the Grantee shall be entitled to compensation computed by applying
the Grantee's percentage of participation in the cost of the program or project to the current fair
market value of the property.
This Grant Agreement covers the following described real property (use continuation sheets as
necessary).
Municipal water improvements identified in the 2019 PER completed by HDR Engineerings,Inc. and any subsequent
amendments.These improvements include but is not limited to the replacement of the existing Sedimentation Basins
with a new pretreatment building that includes raw water screening and metering,rapid mix chambers,flocculation,
and sedimentation with lamella plate settlers.
L. Abide by the following conditions pertaining to equipment which is furnished by the Grantor or
acquired wholly or in part with grant funds. Equipment means tangible, non-expendable, personal property
having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. A grantee may use
its own definition of equipment provided that such definition would at least include all equipment defined above.
(Revision 1, 04/17/1998]
1. Use of equipment.
(a) The Grantee shall use the equipment in the project for which it was acquired as long as
needed. When no longer needed for the original project, the Grantee shall use the equipment in
connection with its other Federally sponsored activities, if any, in the following order of priority:
1) Activities sponsored by the Grantor.
(2) Activities sponsored by other Federal agencies.
(b) During the time that equipment is held for use on the property for which it was acquired, the
Grantee shall make it available for use on other projects if such other use will not interfere with
the work on the project for which the equipment was originally acquired. First preference for such
other use shall be given to Grantor sponsored projects. Second preference will be given to other
Federally sponsored projects.
123
RUS Bulletin 1780-12
Page 4
2. Disposition of equipment. When the Grantee no longer needs the equipment as provided in paragraph
(a) above, the equipment may be used for other activities in accordance with the following standards:
(a) Equipment with a current per unit fair market value of less than $5,000. The Grantee may use
the equipment for other activities without reimbursement to the Federal Government or sell the
equipment and retain the proceeds.
(b) Equipment with a current per unit fair market value of$5,000 or more. The Grantee may retain
the equipment for other uses provided that compensation is made to the original Grantor agency
or its successor. The amount of compensation shall be computed by applying the percentage of
Federal participation in the cost of the original project or program to the current fair market value
or proceeds from sale of the equipment. If the Grantee has no need for the equipment and the
equipment has further use value, the Grantee shall request disposition instructions from the
original Grantor agency.
The Grantor agency shall determine whether the equipment can be used to meet the agency's
requirements. If no requirement exists within that agency, the availability of the equipment shall
be reported, in accordance with the guidelines of the Federal Property Management Regulations
(FPMR), to the General Services Administration by the Grantor agency to determine whether a
requirement for the equipment exists in other Federal agencies. The Grantor agency shall issue
instructions to the Grantee no later than 120 days after the Grantee requests and the following
procedures shall govern:
(1) If so instructed or if disposition instructions are not issued within 120 calendar days
after the Grantee's request, the Grantee shall sell the equipment and reimburse the
Grantor agency an amount computed by applying to the sales proceeds the percentage of
Federal participation in the cost of the original project or program. However, the Grantee
shall be permitted to deduct and retain from the Federal share ten percent of the proceeds
for Grantee's selling and handling expenses.
(2) If the Grantee is instructed to ship the equipment elsewhere the Grantee shall be
reimbursed by the benefiting Federal agency with an amount which is computed by
applying the percentage of the Grantee participation in the cost of the original grant
project or program to the current fair market value of the equipment, plus any reasonable
shipping or interim storage costs incurred.
(3) If the Grantee is instructed to otherwise dispose of the equipment, the Grantee shall be
reimbursed by the Grantor agency for such costs incurred in its disposition.
3. The Grantee's property management standards for equipment shall also include:
(a) Records which accurately provide for: a description of the equipment; manufacturer's serial
number or other identification number; acquisition date and cost; source of the equipment;
percentage (at the end of budget year) of Federal participation in the cost of the project for which
the equipment was acquired; location, use and condition of the equipment and the date the
information was reported; and ultimate disposition data including sales price or the method used
todetermine current fair market value if the Grantee reimburses the Grantor for its share.
(b) A physical inventory of equipment shall be taken and the results reconciled with the
equipment records at least once every two years to verify the existence, current utilization, and
continued need for the equipment.
124
RUS Bulletin 1780-12
Page 5
(c)A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or
theft of the equipment. Any loss, damage, or theft of equipment shall be investigated and fully
documented.
(d) Adequate maintenance procedures shall be implemented to keep the equipment in good
condition.
(e) Proper sales procedures shall be established for unneeded equipment which would provide
for competition to the extent practicable and result in the highest possible return.
This Grant Agreement covers the following described equipment(use continuation sheets as necessary).
Municipal water improvements identified in the 2019 PER completed by HDR Engineerings,Inc.and any subsequent
amendments.These improvements include but is not limited to the replacement of the existing Sedimentation Basins
with a new pretreatment building that includes raw water screening and metering,rapid mix chambers,flocculation,
and sedimentation with lamella plate settlers.
M. Provide Financial Management Systems which will include:
1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting
will be on an accrual basis.
2. Records which identify adequately the source and application of funds for grant-supported activities.
Those records shall contain information pertaining to grant awards and authorizations, obligations,
unobligated balances, assets, liabilities, outlays, and income.
3. Effective control over and accountability for all funds, property and other assets. Grantees shall
adequately safeguard all such assets and shall assure that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
N. Retain financial records, supporting documents, statistical records, and all other records pertinent to
the grant for a period of at least three years after grant closing except that the records shall be retained beyond
the three-year period if audit findings have not been resolved. Microfilm or photo copies or similar methods may
be substituted in lieu of original records. The Grantor and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access to any books, documents, papers, and records of the
Grantee's government which are pertinent to the specific grant program for the purpose of making audits,
examinations, excerpts and transcripts.
O. Provide information as requested by the Grantor to determine the need for and complete any
necessary Environmental Impact Statements.
P. Provide an audit report prepared in accordance with Grantor regulations to allow the Grantor to
determine that funds have been used in compliance with the proposal, any applicable laws and regulations and
this Agreement.
Q. Agree to account for and to return to Grantor interest earned on grant funds pending their
disbursement for program purposes when the Grantee is a unit of local government. States and agencies or
instrumentality's of states shall not be held accountable for interest earned on grant funds pending their
disbursement.
125
RUS Bulletin 1780-12
Page 6
R. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or
acquired wholly or in part with Grantor funds without the written consent of the Grantor except as provided in
item K above.
S. To include in all contracts for construction or repair a provision for compliance with the Copeland
��Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3).
The Grantee shall report all suspected or reported violations to the Grantor.
T. To include in all contracts in excess of$100,000 a provision that the contractor agrees to comply with
all the requirements of the Clean Air Act (42 U.S.C. §7414 ) and Section 308 of the Water Pollution Control Act
(33 U.S.C. §1318) relating to inspection, monitoring, entry, reports, and information, as well as all other
requirements specified in Section 114 of the Clean Air Act and Section 308 of the Water Pollution Control Act
and all regulations and guidelines issued thereunder after the award of the contract. In so doing the Contractor
further agrees:
�Revision 1, 11/20/1997]
1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from
the Environmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of
the contract is under consideration to be listed on the EPA list of Violating Facilities. Prompt notification is
required prior to contract award.
2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is
not listed on the EPA list of Violating Facilities pursuant to 40 CFR Part 32 as of the date of contract
award.
�Revision 1, 11/20/1997]
3. To include or cause to be included the above criteria and the requirements in every nonexempt
subcontract and that the Contractor will take such action as the Government may direct as a means of
enforcing such provisions.
As used in these paragraphs the term ��facility" means any building, plan, installation, structure, mine, vessel or
other floating craft, location, or site of operations, owned, leased, or supervised by a Grantee, cooperator,
contractor, or subcontractor, to be utilized in the performance of a grant, agreement, contract, subgrant, or
subcontract. Where a location or site of operation contains or includes more than one building, plant, installation,
or structure, the entire location shall be deemed to be a facility except where the Director, Office of Federal
Activities, Environmental Protection Agency, determines that independent facilities are co-located in one
geographical area.
Grantor Agrees That It:
A. Will make available to Grantee for the purpose of this Agreement not to exceed
$ 2,369,000.0o which it will advance to Grantee to meet not to exceed 23.36 percent of the project
development costs of the project in accordance with the actual needs of Grantee as determined by Grantor.
B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems
appropriate in planning the project and coordinating the plan with local official comprehensive plans for sewer
and water and with any State or area plans for the area in which the project is located.
C. At its sole discretion and at any time may give any consent, deferment, subordination, release,
satisfaction, or termination of any or all of Grantee's grant obligations, with or without valuable consideration,
upon such terms and conditions as Grantor may determine to be (1) advisable to further the purpose of the grant
or to protect Grantor's financial interest therein and (2) consistent with both the statutory purposes of the grant
and the limitations of the statutory authority under which it is made.
126
RUS Bulletin 1780-12
Page 7
Termination of This Agreement
This Agreement may be terminated for cause in the event of default on the part of the Grantee as
provided in paragraph I above or for convenience of the Grantor and Grantee prior to the date of completion of
the grant purpose. Termination for convenience will occur when both the Grantee and Grantor agree that the
continuation of the project will not produce beneficial results commensurate with the further expenditure of
funds.
In witness whereof Grantee on the date first above written has caused these presence to be executed by
its duly authorized
attested and its corporate seal affixed by its duly authorized
Attest:
By
(Title)
By
(Title)
UNITED STATES OF AMERICA
RURAL UTILITIES SERVICE
By
(Title)
127
Position 3
FOrnl RD 1942-46 UNITED STATES DEPARTMENT OF AGRICULTURE FORM APPROVED
(ReV. 6-1 O) RU�L DEVELOPMENT OMB NO.OS75-001 S
OMB NO.0570-0062
LETTER OF INTENT TO MEET CONDITIONS
Date 06-04-2020
TO:United States Department of Agriculture
Rural Development
(Name of USDA Agency)
Denver Federal Center
Bldg.56, Room 2300
PO Box 25426
Denver, CO 80225
(USDA Agency Office Address)
We have reviewed and understand the conditions set forth in your letter dated 0 6-0 4-2 0 2 0 .It is our intent to meet all of
them not later than 0 6-0 4-2 0 2 0
Town of Estes Park,
acting by and through its Water Activity Enterprise
(Name ofAssociation)
BY
(Title)
According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a persons is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0015 and 0570-0062. The time required to
complete this information collection is estimated Lo average 1 hour per response,including the time for revzewing instructions,searching existing data sources,
gathering and maintaining the data.needed,and completing and reviewing the collection of information.
Form RD 1942-46(�e�v86-10)
USDA
Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS FORM APPROVED
(Rev.06-10) OMB No.0570-0062
INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( )
Complete Items 1 through 29 and applicable Items 30 through 34.See FMI.
1.CASE NUMBER LOAN NUMBER FISCAL YEAR
ST CO BORROWER ID
05-035-*****0661 08 20
2.BORROWER NAME 3.NUMBER NAME FIELDS
Town of Estes Park, 3 � (�.�.oY3}�omlzem2)
I 4.STATE NAME
Denver Federal Center Colorado
I 5.COUNTY NAME
Water Activity Enterprise Larimer
GENERAL BORROWER/LOAN INFORMATION
6.RACE/ETHNIC 7.TYPE OF APPLICANT 8.COLLATERAL CODE 9.EMPLOYEE
CLASSIFICATION 1-INDIVIDUAL 6-ORG.OFFARMERS 1-REALESTATE 4-MACHINERYONLY RELATIONSHIPCODE
7-NONPROFlT-SECULAR
2-PARTNERSHIP SECURED 5-LIVESTOCKONLY
8-NONPROFIT-FAITH BASED 1-EMPLOYEE
1 -WHITE 4-HISPANIC 3-CORPORATION g_INDIAN TRIBE 2-REAL ESTATE 6-CROPS ONLY p.MEMBER OF FAMILY
2-BLACK 5-A/PI 4-PUBLIC BODY 10-PUBLIC COLLEGEIUNIVERSITY AND CHATTEL 7-SECURED BY 3-CLOSE RELATNE
I3-AI/AN 4 IS FARMERSOF 11-OTHER 7 I 3 CH�ATTE�NONL�Y 8-RLOFACCT I 4-ASSOC.
10.SEX CODE G_ORGAN.MAILE OWNED 11.MARITAL STATUS 12.VETERAN CODE 13.CREDIT REPORT
6 I 2-EMALE 6-PUBLIC BODYLE OWNED I p_SEPARATED 3 WIDOWEIDID VORCED)S I Z-N�S 2 I 2-NOS
14.DIRECT PAYMENT 15.TYPE OF PAYMENT 16.FEE INSPECTION
SeeFMI 1-MONTHLY 3-SEMI-ANNUALLY 1-YES
2 I � � 1 I 2-ANNUALLY 4-QUARTERLY 2 I 2-NO
17.COMMUNITY SIZE 18.USE OF FUNDS CODE
I1-10 000 OR LESS (FOR SFH AND I (See FMI)
2-OVER 10,000 HPG ONLY)
COMPLETE FOR OBLIGATION OF FUNDS
19.TYPE OF 20.PURPOSE CODE 21.SOURCE OF FUNDS 22.TYPE OF ACTION
ASSISTANCE 1-OBLIGATION ONLY
I (See FMI) I I I Z OBLIGATION/CHECK REQUEST
O 6 f] 1 3-CORRECTION OF OBLIGATION
23.TYPE OF SUBMISSION 24.AMOUNT OF LOAN 25.AMOUNT OF GRANT
1-INITIAL
2-SUBSEQUENT
2I 7, 675, 000.0 2, 369, 000
26.AMOUNT OF 27.DATE OF 28.INTEREST RATE 29.REPAYMENT TERMS
IMMEDIATE ADVANCE APPROVAL
MO DAY YR
1.375 °/a 40 I
COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS
30.PROFIT TYPE
I 2-LIMITED PROFIT �
1-FULL PROFIT 3-NONPROFIT
COMPLETE FOR EM LOANS ONLY � COMPLETE FOR CREDIT SALE-ASSUMPTION
31.DISASTER DESIGNATION NUMBER 32.TYPE OF SALE
I (See FMI) I 2-ASSUMPTION ONLY 4-ASSUMPTION WITH
1-CREDIT SALE ONLY 3-CREDIT SALE WITH SUBSEQUENT LOAN SUBSEQUENT LOAN
FINANCE OFFICE USE ONLY � COMPLETE FOR FP LOANS ONLY
33.OBLIGATION DATE 34.BEGINNING FARMER/RANCHER
MO DA YR
I (See FMI)
//�the decislon contained aGove!n this forna resu[ts in denial,rerluction a'cancellotion of USDA ass'istance,you may appeal this decislon and have a hearing or you may request a reviei+�in Ileu o�a hearing.
Please use the fo��m we have included for this purpose.
Position 2
ORIGINAL-Borrower's Case Folder COPY 1 -Finance Office COPY 2-ApplicanULender COPY 3-State Office
Acca�ding to the Pupenvork Reduction Act oj/995,an agency moy not conduct a�sponsm�,and a person is not required io re.cpond to u co!lection of injormution un[ess it disp/u}'s a valid OMB cmatrol number Trh�e alid
OMB control numberfa�this information co[lection is 0570-0062. The time reguired m romplete Chis information collection is estimated to ave�age 75 nainutes per response,including the time for reviewing in�tr��ns,
searching eersting data sources,gathering and maintaining the data needed,and completing and reviewrng the co[lection of information.
CERTIFICATION APPROVAL
For All Farmers Programs EM,OL,FO,and SW Loans
This loan is approved subject to the availability of funds.If this loan does not close for any reason within 90 days from the
date of approval on this document,the approval official will request updated eligibility information. The undersigned loan
applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting
this document for obligation of funds.If there have been significant changes that may affect eligibiliry,a decision as to
eligibility and feasibiliry will be made within 30 days from the time the applicant provides the necessary information.
If this is a loan approval far which a lien and/or ritle search is necessary,the undersigned applicant agrees that the
15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative
complering title wark and completing loan closing.
35. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
6/4/2020
36. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates
and terms,taking into consideration prevailing private and cooperative rates and terms in or near my communiry for loans
for similar purposes and periods of time.I agree to use the sum specified herein, subject to and in accordance with
regulations applicable to the rype of assistance indicated above,and request payment of such sum.I agree to report to
USDA any material adverse changes,financial or otherwise,that occur prior to loan closing.I certify that no part of the sum
specified herein has been received.I have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
(For FP loans at eligible terms only)If this loan is approved,I elect the interest rate to be charged on my loan to be the lower of the
interest rate in effect at the time of loan approval ar loan closing.If I check"NO",the interest rate charged on my
loan will be the rate specified in Item 28 of this form. YES NO
WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals or covers up by any trick,scheme, or device a material
fact, or makes any false,fictitious or fraudulent statements or representations,or makes or uses
any false writing or document knowing the same to contain any false,fictitious or fraudulent
statement or entry,shall be fined under this title or imprisoned not more than five years,or both."
Date 6/4/2020 Zp
(Signature ofApplicant)
Date Zp
(Signature of Co-Applicant)
37 I HEREBY CERTLFY that all of the committee and administrative determinations and certificarions required by regulations
prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket,and
that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the
amount set forth above,and by this document, subject to the availability of funds,the Government agrees to advance such
amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of
assistance.
(Signature of Approving Official)
Typed or Printed Name: 6/4/2 0 2 0
Date Approved: Title: Community Programs Director
38. TO THE APPLICANT: As of this date ,this is notice that your application for financial assistance
from the USDA has been approved, as indicated above, subject to the availability of funds and other conditions requi�r�by
the USDA. If you have any questions contact the appropriate USDA Servicing Office.
T��N oF ESTES PARI
Memo •
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Vanessa Solesbee, Parking & Transit Manager
Greg Muhonen, Public Works Director
Date: June 23, 2020
RE: Contract for 2020 shuttle services with RAPT Dev USA, dba Rocky
Mountain Transit Management Inc.
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
� CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Public Works staff seeks Town Board approval of a service agreement contract with
RAPT Dev USA dba Rocky Mountain Transit Management Inc. (RMTM) to continue
operating the Town's free shuttle service (Estes Transit) for the 2020 season. As in
previous years, the Town's contract with RMTM is a "piggyback" off of the service
contract between Rocky Mountain National Park with RAPT Dev USA.
Present Situation:
As reported to the Town Board during its regular meeting on May 26, the start of the
2020 service season for Estes Transit was delayed from May 23 to July 1. Staff
continue to monitor the fluid situation with public transit in Colorado and around the
nation, and have been participating in weekly calls with peer agencies from around the
State. At this point, the majority of transit agencies (in communities with both essential
riders and choice riders) are continuing to operate at reduced service levels and/or with
delayed service start dates. Very few, if any, agencies are completely cancelling all
2020 service.
Proposal:
While acknowledging that the situation with public transit continues to be very fluid, staff
propose to move forward with beginning 2020 Estes Transit service on July 1. Staff plan
to actively monitor ridership and public health trends as the season progresses. Staff
are coordinating closely with RMTM leadership to identify the most pragmatic and cost-
effective way to deliver service in 2020, and language has been included in the 2020
service contract to allow maximum flexibility for the Town if service needs to be reduced
or suspended prior to the proposed season end date of October 4.
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Details of the 2020 service contract include:
• RMTM will lease three vehicles from Davey Coach not to exceed the prices listed in
Exhibit A of the attached 2020 Service Proposal, for each vehicle per month and the
Town of Estes Park will reimburse vehicle lease costs. This is a reduction of the
originally budgeted four vehicle leases as the Town plans to use the gasoline-powered
trolley to service the Green Route.
• The hourly service rate for 2020 will be $66.45 which includes routine maintenance,
shuttle drivers, insurance, and fuel costs up to $2.75 a gallon for the five full-service
routes scheduled and additional services provided as listed in Exhibit A.
• Reduced special service costs due to the cancellation of two events that were included
in the 2020 budget (e.g. Wool Market and 4t" of July Fireworks).
• Additional costs for manufacturer-installed driver protection barriers.
Staff have continued to coordinate with RMTM on a number of proposed public health
measures to help protect both riders and drivers. A detailed outline of those measures is
included in the Attachments and will be posted online (www.estes.orq/shuttles) and on
each vehicle.
Advantaqes:
• Offering continued shuttle service (fifteenth season) for locals and guests.
• Estes Transit is one of only a few transportation options available in Estes Park, and
it is the only fee-free option that is available to riders of all ages and abilities.
• Shuttle use helps decrease traffic and congestion by offering a viable alternative to
driving. The trolley in particular could provide refuge for riders from busy downtown
streets as passenger capacities will be limited.
Disadvantaqes:
• There are many unknowns about whether or not "choice" riders (which make up the
majority of Estes Transit ridership) will use transit this summer; however, other
seasonal / "choice" systems in Colorado are planning delays/reductions rather than
full-scale cancellations of service.
• Estes Transit is fully funded by the General Fund and there is uncertainty about the
financial impact of COVID-19 on the Town; however, recent Federal grant funding
awards to Estes Transit will help lighten the General Fund burden and the proposed
agreement represents a roughly 24% reduction from the originally-budget amount for
transportation fees in 2020.
Action Recommended:
Staff recommend acceptance of the service agreement proposal with RAPT Dev USA
dba Rocky Mountain Transit Management (RMTM) to provide shuttle services for the
Town of Estes Park, as detailed in the attached 2020 Contract for Services proposal.
Finance/Resource Impact:
This item is budgeted in the Transportation Fees line item (#101-5600-456-22.60).
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In Fall 2019, the Town Board approved this line item at $408,168. In April 2020, this line
item was reduced as part of the Phase I Budget Reductions to $359,853 (in response to
the anticipated financial impacts on the Town). The 2020 Service Proposal total from
RMTM is $344,718.46 which is within the currently budgeted amount.
Additionally, the Town was awarded $94,975 in Federal Transit Administration (FTA)
CARES Act funding. No local match is required and the funds can be used for qualifying
administrative and operating expenses. Town staff anticipate that $47,487.50 (50% of
the allotted CARES Act funding) will be used to cover transit operations, reducing the
anticipated overall impact to the Transportation Fees line item by roughly 24% to
$312,365.50.
Level of Public Interest
Public interest in this item is moderate. Anecdotally, staff have seen an increase in calls
inquiring about 2020 shuttle service information and brochures over the past few weeks.
The Transportation Advisory Board has been briefed on 2020 Estes Transit service
plans and provided a letter of support for the process that staff has been undertaking to
adjust Estes Transit service during this uncertain time.
Sample Motion:
I move for approval/denial of the agreement with RAPT Dev USA to provide 2020
shuttle services for the Town of Estes Park, as specified in the agreement.
Attachments:
• 2020 Contract for Services Proposal between RAPT Dev USA and the Town of
Estes Park
• Rocky Mountain Transit Management Safety Plan (COVID-19 Safety Protocols)
• Letter of Support from the Transportation Advisory Board
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AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2020 by and between
the Town of Estes Park(hereinafter referred to as the "TOWN"), and RATP Dev, INC. (dba Rocky
Mountain Transit Management, Inc.), located at 3800 Sandshell Drive, Suite 180, Fort Worth, Texas
76137 (hereinafter referred to as the"CONTRACTOR").
WITNESSETH
WHEREAS,the TOWN desires the services of the CONTRACTOR to manage and operate a
deviated fixed route transportation service; and
WHEREAS,the CONTRACTOR has the requisite personnel and experience, and is capable of
managing and operating said service.
NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the
CONTRACTOR as follows:
ARTICLE 1. Complete A�reement
A. This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s)
of the agreement between the TOWN and the CONTRACTOR and it supersedes all priorrepresentations,
understandings and communications. The invalidiry in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s)or condition(s).
B. The TOWN'S failure to insist in any one or more instances upon the CONTRACTOR'S
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of the TOWN'S right to such performance or to future performance of such term(s)or
conditions(s) and the CONTRACTOR'S obligation in respect thereto shall continue in full force and
effect.
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ARTICLE 2. TOWN DESIGNEE
The Town Administrator or his/her designee shall have the authority to act for and exercise any of
the rights of the TOWN as set forth in this Agreement.
ARTICLE 3. STATEMENT OF WORK
A. The CONTRACTOR shall perform the work necessary to complete in a manner
satisfactory to the TOWN the services set forth in E�ibit A attached to and by this reference
incorporated in and made a part of this Agreement. All services shall be provided at the times andplaces
designated by the TOWN.
B. The CONTRACTOR shall provide all operators,mechanics, and supervisors to perform
the above-specified services. All key personnel under this agreement will be subject to the advice and
consent process currently in place with the Town of Estes Park.
ARTICLE 4. TERM OF AGREEMENT
A. This Agreement shall commence upon execution by both parties, and shall continue in
full force and effect until December 31, 2020 ("Initial Term"),unless earlier terminated or extended as
provided in this Agreement.
B. If this Agreement is extended by the Parties for any additional years,prior to March 31 of
each calendar year the Parties agree to negotiate to the routes, dates, costs, number of vehicles, fuel costs,
and other items as more fully set forth on Exhibit A. which will be effective for that year's services.
C. The TOWN's election to extend the Agreement beyond the Initial Term shall not
diminish its right to terminate the Agreement for the TOWN's convenience or CONTRACTOR's default
as provided elsewhere in this Agreement.
D. If the service is to be provided for less than an entire month, the CONTRACTORwill
invoice the TOWN for revenue hours for the month(s).
E. The Town's obligation to pay the Contractor for the services in any fiscal year shallbe
135
subject to and contingent on the appropriation by the Town,in its annual budget process, of sufficient
funds to meet its obligations pursuant to this Agreement. No provision of this Agreement sha11 be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial
obligation of the Town within the meaning of any Constitutional or Statutory debt limitation. This
Agreement shall not directly or indirectly obligate the Town to appropriate funds beyond the Town's then
current fiscal year.
ARTICLE 5. PAYMENT
A. For the CONTRACTOR's full and complete performance during the billing period ofthe
Services under this Agreement,the TOWN agrees to pay CONTRACTOR as set forth in E�ibitA.
ARTICLE 6. NOTICES
All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or
changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the
United States mail,registered or certified mail,return requested,postage prepaid and addressed as
follows:
TO THE CONTRACTOR: TO THE TOWN:
RATP Dev dba Rocky Mountain Transit Management,Inc. Town of Estes Park
3800 Sandshell Drive, Suite 180 P O Box 1200
Fort Worth, Texas 76137 Estes Park, CO 80517
Attn: Matt Booterbaugh Attn: Travis Machalek
Senior Vice President Operations Town Administrator
Phone: (970) 577-3707 Phone: (817)232-9551
Fax: (970) 586-2816 Fax: (817)232-9560
ARTICLE 7. INDEPENDENT CONTRACTOR
The CONTRACTOR's relationship to the TOWN in the performance of this Agreement is that of an
independent contractor. The CONTRACTOR's personnel performing services under this Agreement shall
at all times be under the CONTRACTOR's exclusive direction and control and shall be employees of the
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CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay a11 wages, salaries, and
other amounts due its employees in connection with this Agreement and shall be responsible for all reports
and obligations respecting them, such as social security, income tax withholding,unemployment
compensation,workers' compensation and similar matters.
ARTICLE 8. INSURANCE
A. The CONTRACTOR shall procure and maintain insurance coverage during the entire
term of the Agreement. Coverage shall be full coverage and not subject to self—insurance provisions.
The CONTRACTOR shall provide the following insurance coverage:
1. Commercial General Liability, to include Premises/Operations, Contractual
Operations, independent Contractors, and Personal Injury Liability with at least
$5,000,000 of coverage;
2. Automobile Liability Insurance with the following limits:
A. Combined Single Limit of$5,000,000
B. Uninsured/Underinsured Bodily Injury coverage per person in compliance
with the State of Colorado statutory requirements;
and
C. Uninsured/Underinsured Bodily Injury per accident in compliance with the
State of Colorado statutory requirements;
3. Workers' Compensation with limits as required by the State of Colorado
4. Employer's Liability with limits of$1,000,000
B. Proof of such coverage, in the form of an insurance company issued policy endorsement
and a broker-issued insurance certificate, must be received by the TOWN within ten(10) calendar days
from the date of execution of the Agreement with THE TOWN,its officers, directors, employees, agents,
and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the
right to request certified copies of all related insurance policies.
C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance
showing the required coverage for the CONTRACTOR and further providing that:
1. The coverage shall be primary and noncontributory as to any other insurance
with respect to performance hereunder; and
2. Thirty(30) days prior written notice of cancellation in
137
insurance coverage to be given to the TOWN.
D. Governmental Immunity Act. The parties agree and understand that the TOWN is
relying on and does not waive,by any provision of this Agreement, the monetary limitations or terms
(presently Three Hundred Fifty Thousand and 00/100 Dollars ($350,000)per person and Nine Hundred
Ninety Thousand and 00/100 ($990,000)per occurrence) or any other rights,immunities, and protection
provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time
amended, ar otherwise available to the TOWN or any of its officers, agents, volunteers or employees.
ARTICLE 9. CHANGES
By written notice or order,the TOWN may, from time to time, order work suspension or make changes in
the general scope of this Agreement, including,not limited to,the services furnished to the TOWN by the
CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or
decrease in the price of the Agreement or in the time required for its performance,the CONTRACTOR
shall promptly notify the TOWN thereof and assert its claim for adjustment within ten(10) days after the
change or work suspension is ordered, and an equitable adjustment shall be negotiated. However,nothing
in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as
changed.
ARTICLE 10. NOTICE OF LABOR DISPUTE
Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay
performance of the Agreement,the CONTRACTOR shall immediately notify and submit all relevant
information to the TOWN and assist the TOWN in developing a plan to continue service.
ARTICLE ll. TERMINATION
A. The TOWN may terminate this Agreement for its convenience any time, in whole orpart,
by giving the CONTRACTOR written notice thereo£ Upon termination, the TOWN shall pay the
CONTRACTOR its pro rata portion of its fee for services incurred to the date oftermination.
B. The TOWN may terminate Agreement for the CONTRACTOR's default if a federal or
state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or ifthe
138
CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any
term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within
ten(10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for
any and all reasonable costs incurred by the TOWN as a result of such default including,but not limited
to,re-procurement costs of the same or similar services defaulted by CONTRACTOR under this
Agreement.
ARTICLE 12. 1NDEMNIFICATION
The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors,
employees, agents and self-insurance pool(CIRSA) from all losses, damages, claims for personal injury
or damages to real or personal property to the extent caused by the CONTRACTOR's negligence. The
CONTRACTOR agrees to indemnify the TOWN against expenses,including reasonable attorney's fees,
and liability arising from any such claim or infringement provided the CONTRACTOR has the right to
control the defense or settlement of any such claim in accordance with the following:
(i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless
the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities,
losses and expenses (including reasonable attorney's fees and disbursements) for personal injury
or property damage asserted by third parties to the extent caused by the negligence or willful
misconduct of the CONTRACTOR in connection with the CONTRACTOR's performance, or
failure to perform this Agreement hereunder("Third Party Claims").
(ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining
knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery
may be sought against the CONTRACTOR because of the indemnity set forth in clause (i)above.
(iii)The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim
with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition:
a) The TOWN may retain separate co-counsel at its sole cost and expense to monitor the
defense of the Third Party Claim provided however, that the CONTRACTOR shall have
the right to control the defense of such Third Party Claim in the CONTRACTOR's sole
discretion.
139
b) The TOWN will not consent to the entry of any judgment or enter into anysettlement
with respect to such Third Pariy C1aim without the prior written consent of
CONTRACTOR;
c) The TOWN shall cooperate with all reasonable requests of CONTRACTOR in
connection with the defense of such Third Party Claim.
(iv) To the extent reasonably possible,the TOWN shall use its good faith efforts to mitigate any
losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnification
paragraph.
ARTICLE 13. WARRANTY
The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services
required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform
the Services.
The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall
comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the
CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at
the CONTRACTOR's sole expense, in the most expeditious manner as permitted by existing
circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon
notification by the TOWN,the TOWN, without waiving any other rights or remedies it may have at law
or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the
TOWN for all expenses and cost incurred in connection therewith.
ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING
Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the
CONTRACTOR either voluntarily or by operation of law,nor may any part of this Agreement be
subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by
THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with
all terms and conditions of this Agreement.
140
ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS
The CONTRACTOR warrants that in the performance of this Agreement,it shall comply with all
applicable federal, state and local laws, statutes and ordinances and all lawful orders,rules and regulations
promulgated thereunder.
ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS
The originals of all letters, documents, reports and other products and data produced under this
Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the
CONTRACTOR's records but shall not be furnished to others without written authorization from THE
TOWN.
Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained
by the TOWN.
ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT
A. In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or
copyright infringement, statutory or otherwise,it is agreed that the CONTRACTOR shall defend at its
expense any claim or suit against the TOWN on account of any allegation that any item furnished under
this Agreement or the normal use or sale thereof arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay
all costs and damages finally awarded in any such suit or claim,provided that the CONTRACTOR is
promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the
CONTRACTOR's expense for the defense of same. However, the CONTRACTOR will not indemnify
the TOWN if the suit or claim results from: (1)the TOWN's alteration of a deliverable, such that said
deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or(2)
the use of a deliverable in combination with other material not provided by the CONTRACTOR when
such use in combination infringes upon an existing U.S. letters patent orcopyright.
B. The CONTRACTOR shall have sole control of the defense of any such claim or suit and
all negotiations for settlement thereo£ The CONTRACTOR shall not be obligated to indemnify the
TOWN under any settlement made without the CONTRACTOR's consent or in the event the TOWN fails
141
to cooperate fully in the defense of any suit or claim,provided,however,that said defense shall be at the
CONTRACTOR's expense. If the use or sale of said item is enjoined as a result of such suit or claim,
CONTRACTOR, at no expense to THE TOWN, sha11 obtain for the TOWN the right to use and sell said
item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright
indemnity thereto.
ARTICLE 18. FORCE MAJEURE
Either party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by an unforeseeable cause beyond its control including, but
not limited to: any incidence of fire, flood, strike; pandemics; acts of God; commandeering of material,
products,plants or facilities by the federal, state or local government; national fuel shortage; or a material
act of omission by the other party; when satisfactory evidence of such cause is presented to the other
party, and provided further that such nonperformance is unforeseeable,beyond the control and is not due
to the fault or negligence of the party not performing. The parties agree to mutually negotiate cost impacts
of a Force Majeure event.
ARTICLE 19. DEFAULT
In the event either Party shall fail to observe or perform any of the terms and provisions of this
Agreement and such failure shall continue for a period of ten(10) days after receipt of written notice from
the non-defaulting party("Default"),then the non-defaulting party may terminate this Agreement,
provided however, that where such Default cannot reasonably be cured within such period, and the
defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence,the
time for curing such Default shall be extended for an amount of time, not to exceed ten(10) days, as may
be necessary under the circumstances to complete such cure.
ARTICLE 20. COSTS
Except as otherwise expressly provided above, each Party shall bear all of its own attorney's fees and
other expenses related to this Agreement.
ARTICLE 21. B1NDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their
respective successors and assigns.
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ARTICLE 22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado
with venue in the District Court, Larimer County, Colorado.
ARTICLE 23. SEVERABILITY
In the event any term, covenant or condition of this Agreement, or the application of such term covenant
or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all
other terms, covenants and conditions of this Agreement shall not be affected thereby,but shall remain in
force and effect unless a court holds that the invalid term, covenant or condition is not separable from all
other terms, covenants and conditions of this Agreement.
ARTICLE 24. WAIVER
No delay or omission by either Party to exercise any right or power occurring upon non-compliance or
failure of performance by the other Parry shall impair that right or power or be construed to be a waiver.
A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other
Party shall not be construed to be a general waiver.
ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS
This Agreement is an integration of the entire understanding of the parties with respect to the matters set
forth herein. The parties shall only amend this Agreement in writing with the proper official signatures
attached thereto.
ARTICLE 26. WORK BY ILLEGAL ALIENS PROHIBITED
A. CONTRACTOR hereby certifies that, as of the date of this Agreement,it does not
knowingly employ or contract with an illegal alien and that CONTRACTOR has participated orattempted
to participate in the basic pilot employment verification program as defined in C.R.S. §8-17.5-101(1)
("Program") in order to verify that it does not employ illegal aliens.
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B. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to certify to
CONTRACTOR that the subcontractor sha11 not knowingly employ or contract with an illegal alien to
perform work under this Agreement.
C. CONTRACTOR hereby certifies that it has verified or attempted to verify through
participation in the Program that CONTRACTOR does not employ any illegal aliens and,if
CONTRACTOR is not accepted into the Program prior to entering into this Agreement,that
CONTRACTOR shall apply to participate in the Program every three (3)months until CONTRACTORis
accepted or this Agreement has been completed, whichever is earlier.
D. CONTRACTOR is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E. If CONTRACTOR obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required
to:
i. notify the subcontractor and the TOWN within three(3) days that
CONTRACTOR has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
ii. terminate the subcontract with the subcontractor if within three(3) days of
receiving the notice required pursuant to this subparagraph the subcontractor
does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during such
three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
F. CONTRACTOR shall comply with any reasonable request by the Colorado Department
of Labor and Employment("Department")made in the course of an investigation that the Department is
undertaking pursuant to the authority established in Article 17.5 of Title 8 C.R.S.
144
G. If CONTRACTOR violates this paragraph,the TOWN may terminate this Agreement for
breach of contract. If this Agreement is so terminated, CONTRACTOR shall be liable for actual and
consequential damages to the TOWN.
This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the date
first above written.
RATP Dev dba
Rocky Mountain Transit Management,Inc.
By
Matt Booterbaugh, Senior Vice President Operations
TOWN OF ESTES PARK
By
Wendy Koenig,Mayor
ATTEST:
Town Clerk
145
Exhibit A
Town of Estes Park
2020 Proposal
146
�020 PR�P�SAL -T�WN �F ESTE� PARK Da#e; 6i312020
�.Iterr�ata 'I:.�.II Routas �ppendix A
Service Dates:JuIV 'I thru �ct 4. 2t�2G 9B DaYs
Hours
Route Times per day �Days Total Hours Rate Totals
ca�o t��passen�er�, I�o am-� nm I s I ss I ssa I � ss.�� I � ��,a��.so I
rE� �troiie�ri I�o am-�� pml �� I ss I ���s I � s�.�� I � s�,s��.ao I
e�a}.��hJ ('14 p8ssen9efl'10 8m-7 pm I � I �� I ss� I � ��.�� I � ��.���.so I
BLUE ('14 passen9er} I�o am-� pm I � I s� I ss� I � ss.�� I � ��,���.so I
GREEN (trolley} I�� nm-s pm I � I �s I �ss I � ss.�� I � ��.�s�.so I
season �air�totais I I I I �oos I I � zss,337,60 ITo#al daily service
.Additional summer ser�ice hours-scotfest onlp� I �� I � 66.45 I � '1,927.05 I���t Fest ser4ice
TOwn Festlb'81 Sef',11Ce [�rs�inter Fest, �rs�ine d.Choc.'rJhiske����roarmUF &�ummit, C.3. Para�e, etc.; � $ 3.'IOB.54 �FestIV31 sen+ICe
I � z79,3s5.79 �Gran��otat s�rvFc�
Eq�ipment Lease Pro��sal for 2020
Number of
Per�4lonthlunit monthslUnits Totals Ownerl Unit number
RED [trolle��! ITo�,��n Trolleys (electric&gasoline! I � - I I � - I Town EP!29 8� 25
era��.��v loc cutawa�r c� ��,���.�� nius ���o. I � �,s��.�� I �.s� I � ��,s��.�s I DaveY�oach 1TBD
BLUE loc cutawa�r c� �¢,���.�� nius ���o. I � ¢,s��.�� I �.s� I � ��,s��.�s I oa��e���oacn�Teo
ca�o lo� ��t������c� ��,���.a� ni�� �s�o. I � s,�s�.a� I �.$� I s ��.so�.os I o����co��n�Teo
GREEN ITo��+n Trolley(gasoline} I $ - I I � - I Town EP#25
Dri+�erl Passenger 3 units installed in Davey�oach
safety barrier installed Buses fone-time fee} $ �1,265.00 3 I � 3,795.00 Da+�ey�oach Install
I I � ��.�ss.ss I I � s�,353,27 � Total Lease Expense
Estimateforfuel
To�,�n of Estes Park is responsible for any fuel costs o�der�2.75 per gallon � '10,000.00 expense o+�er�2.75
gal.
Town of Estes Park is responsible for the following charges if needed:
�I}Davey�oach lease '10 da�y�s additional cost pickup and return vehicles: �'100 per day per vehicle [IF hJEEDED}
2}DaveY�oach lease additional mileaqe over 7,500 per�4ehicle per month is .5� cents per mile (IF NEEDED}
Festival Services 2020 Service�ootractT�tal
Rate
Festival Service �ervice �er
(esti�nated} Ho�rs Ho�r Total y 266,337,60 Pla�ned service
4'�rintertest 8.75 �BB.45 � 448.54 � 5,033,59 Festival service
'.�+intertest 8.75 �BB.45 $ 448.5� $ 63,353,27 Leases
Wine&�hocolate 8.25 �BB.45 � 4'15.3'I � '10.000.00 Fuel Overaqe [est}
� 34�E,718,46 �020�on#ractTotal
'.�+hiskeY'.'�arm-Up 8.00 �BB.45 � 398.70
RockY�41tn �raft Spirits 8.00 �BB.45 � 398.70
�atch the Glo�,v Parade 15.00 �BB.45 � 998.75
Total Festival Service 46.75 y 3,106,54
147
Rocky Mountain Transit Management, Inc.
SAFETY PLAN - COVID-19 SAFETY PROTOCOLS
RMTM Staff Training
• All staff inembers will receive training for the prevention of spreading the COVID-19
virus infection (including but not limited to hand washing, use of hand sanitizers, proper
use and condition of PPE, social distancing, and the need to self-quarantine after potential
exposure and/or symptoms).
Driver/Passenger Protection (Buses)
• RMTM has installed have plastic barriers between the driver and passengers in all
company owned vehicles; regular inspection will take place during cleaning and repair or
replacement will take place as warranted
• RMTM recommends face coverings for all passengers
Bus Cleaning Regimen
� RMTM staff will train to use and follow all manufacturer guidelines for cleaning and
sanitizing solutions and products
• Once every 24 hours, each bus will be cleaned and fogged with a disinfectant certified to
eliminate the Covid-19 virus:
o Fog the interior of the bus prior to cleaning
o Clean the exterior bus windows, lights, etc.
o Wait 15 minutes or more, post-first fogging before entering the bus to clean
o Wipe off seats and seatbelts where included on the bus
o Sweep the floors and mop with a soap and disinfectant
o Wipe down all hand rails and drivers area with a disinfectant
o Fog the bus with disinfectant approved to negate the Covid-19 virus; the bus will
sit overnight or for a minimum of 30 minutes following the second administration
of the disinfectant, as directed
• Additional cleaning will take place on a case-by-case scenario with any bus needing
significant cleaning removed from service and replaced with a clean bus
• All reusable cleaning towels, mops and brooms will be washed and dried or air dried
daily as appropriate
• The fogging machine will be cleaned, disinfected and allowed to air dry
RMTM Staff Protection
• All RMTM staff are instructed to wear a face covering while on duty; replacement masks
are available for damaged or worn out PPE
• All RMTM staff are instructed to wear provided disposable gloves and wash hands
and/or use hand sanitizer regularly
Rocky Mountain Transit Management, Inc.
Safety Plan: COVID-19 Safety Protocols revised 06/02/2020148
• RMTM has added a portable hand washing station to the kiosk office at the Bear Lake
Road Park and Ride location. The hand washing station will be cleaned regularly and
only be made available to RMTM personnel
• RMTM has regular handwashing access at the main office/garage and these facilities will
be cleaned regularly
• Lunch break relief drivers will wipe down the steering wheel and all control panel
surfaces before and after their relief shift (a clean bus will be used if necessary)
• Additional relief drivers will wipe down the steering wheel and all control panel surfaces
before starting their shift(a clean bus will be used by the relief driver if necessary and
available).
• Staff are required to wash their uniform clothing and any used cloth masks daily
• The staff inembers performing fogging are provided the following PPE; seamed and
hooded coveralls with elastic wrists and ankles, gloves, googles, and individually
assigned respirators. Replacement parts are available for damaged PPE
• All staff required to perform proper hand hygiene after removal of PPE, exposed
clothing, and cleaning equipment (hand washing or hand sanitizer)
• RMTM Office staff will wipe down phones, desks, chair arms, computer keyboards and
any other equipment touched in the due course of business
• All staff are to adhere to the current social distancing requirements in all positions
• All staff will have their temperature tested daily, prior to their shift, with an infrared
thermometer
� All staff are expected to not work if illness symptoms present
� Any staff inember exhibiting symptoms is encouraged to seek medical assistance
� All outside vendors and visitors will be required to adhere to social distancing, face
coverings and hand sanitizing guidelines at our facilities and on our vehicles
Recommended Operating Procedures:
• Passenger loading/unloading will occur through the rear doar on our"low-floor" style
buses with wheel chair access only occurring through the front door/ramp
• Passenger loading/unloading on our "cutaway" style buses will occur through the normal
bus entrance/exit
• Recommended passenger counts during the Covid-19 event will be 50% of available
seating capacity without standing room, which varies per bus style. RMTM staff will
make every effort to limit passengers to the appropriate levels
• RMTM will ask clients to announce the limited passenger expectation to their
guests/passengers prior to boarding the transit vehicle
• The CDC recommends "simple face coverings" for transit passengers due to the confined
spaces and difficulty of maintaining 6 foot distances in public transit vehicles
• All RMTM vehicles will utilize air conditioning systems (where available) AND open
windows as available to allow for fresh air circulation
Rocky Mountain Transit Management, Inc.
Safety Plan: COVID-19 Safety Protocols revised 06/02/2020149
Continued on next page...
Covid-19 Resources:
RMTM utilizes the following guiding documents,but not limited to, for Covid-19 safety
protocols:
Centers for Disease Control. Apri128, 2020. Guidance for Cleaning and
Disinfecting. Accessed from httbs://www.cdc.�ov/coronavirus/2019-
ncov/communitv/pdf/Reopenin� America Guidance.ndf
American Public Transportation Association. April 13, 2020. The COVID-19 Pandemic—
Public Transportation Responds: Safeguarding Riders and Employees. Accessed from
https://www.apta.com/wp-content/uploads/COVID-
19 Transit Guide FINAL 04132020.pdf
Covid-19 Ongoing Safety Education Efforts:
RMTM management will monitor, but not be limited to safety guidelines, from the
Centers for Disease Control and American Public Transportation Association,
respectively, far updated information related to COVID-19 safety procedures:
https://www.cdc.�ov/coronavirus/2019-
ncov/communitv/or�anizations/busines ses-emplovers.html
https://www.apta.com/public-transit-response-to-coronavirus/
Rocky Mountain Transit Management, Inc. supported by the safety efforts of our parent
company, RATP Dev USA: https://www.ratpdevusa.com
Rocky Mountain Transit Management, Inc.
Safety Plan: COVID-19 Safety Protocols revised 06/02/2020150
Dear Honorable Mayor Koenig and Trustees,
The Transportation Advisory Board (TAB) supports the process that Town staff
have undertaken to understand the impact of the COVID-19 pandemic on our local
shuttle service, Estes Transit, and to provide options for service reductions
rather than full elimination of 2020 service.
As the 2020 visitor season begins and businesses open after closures related to the
public health concerns related to the COVID-19 pandemic, TAB supports the 2020
Estes Park Transit Program. Reviewing the 2020 Transit Program, we appreciate the
thorough planning process conducted by Transit Manager, Vanessa Solesbee and staff,
which included trend research, outreach, stakeholder perspectives, economic and
public health impact considerations and local impact. We are confident the program will
be successful as it is designed to be flexible and safe.
TAB considers the 2020 transit program to be well thought out and demonstrating
awareness of the complexity of conditions that continue to evolve regarding COVID-19.
TAB appreciates the flexibility of the program given the economic and public health
uncertainties of an ongoing pandemic. As citizens we consider safety a major concern
to be addressed in the program, which Transit has included: reduced capacity for
physical distancing; face covering requirement; driver protection barrier in all vehicles;
hand sanitizing stations; and self-serve disinfectant wipes available to all riders.
The 2020 Transit Program continues to support citizen values when addressing local
impacts such as: environmental, shuttles will reduce congestion and emissions and use
the new electric troliey(s); employment, transit operator employing 26 locals; financial,
the program continues seeking grant funding with the desire for year-round service and
regional connectivity.
The transit program incorporates valuable industry and peer agency information
updates, which TAB supports for additional guidance during uncertain times. Finally,
TAB appreciates the flexibility of the program, which can allow for Stay Healthy Streets
integration if that is the direction of the business community and other key downtown
stakeholders.
The TAB thanks the Honorable Mayor, Wendy Koenig, and Town Trustees for allowing
the opportunity to provide our recommendation. It is our intention to provide our
collaborative decision, after a robust review of an issue.
Sincerely,
�
Belle Morris
Chair, Estes Park Transportation Advisory Board
151
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152
RESOLUTION 36-20
SETTING THE PUBLIC HEARING FOR A NEW BEER &WINE LIQUOR LICENSE
APPLICATION FOR MOUNTAIN HOME CAFE, INC., DBA MOUNTAIN HOME CAFE
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New Beer & Wine Liquor License, filed by
MOUNTAIN HOME CAFE, INC., 457 E. Wonderview Avenue #C1, Estes Park, Colorado, is
June 12, 2020.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, July 14, 2020, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 3.5 miles, as measured from the center of the
applicant's property.
DATED this 23rd day of June, 2020
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
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Town Attorney
153
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154
RESOLUTION 37-20
SETTING THE PUBLIC HEARING FOR A NEW BEER & WINE LIQUOR LICENSE
APPLICATION FOR DISCOVERY LODGE, INC. DBA DISCOVERY LODGE
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New Beer & Wine Liquor License, filed by
DISCOVERY LODGE, INC., 800 Big Thompson Avenue, Estes Park, Colorado, is June 12,
2020.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, July 14, 2020, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 4.30 miles, as measured from the center of the
applicant's property.
DATED this 23rd day of June, 2020
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
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Town Attorney
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156
RESOLUTION 38-20
SETTING THE PUBLIC HEARING FOR A NEW BEER & WINE LIQUOR LICENSE
APPLICATION FOR COYOTE MOUNTAIN LODGE, LLC
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New Beer & Wine Liquor License, filed by
COYOTE MOUNTAIN LODGE, LLC., 1340 Big Thompson Avenue, Estes Park, Colorado, is
June 12, 2020.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, July 14, 2020, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 4.87 miles, as measured from the center of the
applicant's property.
DATED this 23rd day of June, 2020
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
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Town Attorney
157
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158
i
Y
T��N oF ESTES PARI�
Memo • - � - � • -
To: Honorable Mayor Koenig •
Board of Trustees
From: Town Administrator Machalek
Date: June 23, 2020
RE: Resolution 41-20— IGA Related to the Distribution of CARES Act Funds
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Town Board consideration of Resolution 41-20 — A Resolution Approving an
Intergovernmental Agreement (Memorandum of Understanding Related to Distribution
of CARES Act Funds) with Larimer County, the Cities of Fort Collins and Loveland, and
the Towns of Timnath, Berthoud, Windsor, Wellington, and Johnstown Related to the
Distribution of CARES Act Funds.
Present Situation:
On May 18, 2020, Governor Polis signed Executive Order D 2020 070, directing the
expenditure of Federal funds pursuant to the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) of 2020. This order directs the Colorado Department of Local
Affairs (DOLA) to use a portion of the State's CARES Act funding to reimburse
Counties, Municipalities, and Special Districts for necessary expenditures incurred due
to the COVID-19 public health emergency (COVID-19 emergency) that:
1 . Were not accounted for in the budget most recently approved as of March 27,
2020 (the date of enactment of the CARES Act) for the State; and
2. Were incurred during the period that begins on March 1, 2020, and ends on
December 30, 2020.
DOLA requires that a signed collaboration agreement be in place between the county
and all of the municipalities within the county before allocating this funding and
completing reimbursements. The timeline for this discussion has been compressed as
counties/municipalities must "opt-in" for this funding by July 7th. Staff has been meeting
with the County Manager and the managers of the towns and cities within Larimer
County for the past few weeks to draft this collaboration agreement.
Proposal:
158.a
The proposed agreement allocates 50% of the total CARES Act funding available for
Larimer County to the Larimer County government. The remaining 50% of the funding is
divided among the municipalities in the county based on population (the total amount of
funding received through the CARES Act was decided based on population as well).
The Town has a significant amount of expenses that qualify for reimbursement. While
the exact amount eligible will need to be determined in consultation with DOLA, it is
possible that the Town will use its entire allocation (�$340,307).
Advantaqes:
• Provides funds for unanticipated costs due to the COVID-19 pandemic.
Disadvantaqes:
• Basing the distribution on population does not recognize the disproportionately
large budget/interventions the Town has taken compared to other municipalities
in the County. However, the funding allocated to Larimer County was based on
population alone, so this manner of distribution is justifiable. Larimer County and
other municipalities in the County have all agreed to meet again in early
September to share information about application of funds and consider an
adjustment to the allocations in the event that one of the organizations does not
reasonably expect to utilities all of their funding.
Action Recommended:
Staff recommends approval of Resolution 41-20.
Finance/Resource Impact:
Approval of the resolution would make an estimated $340,307 available to the Town of
Estes Park for eligible expenses.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of Resolution 41-20.
Attachments:
1. Resolution 41-20
2. Memorandum of Understanding Related to Distribution of CARES Act Funds
158.b
Attachment 1
RESOLUTION 41-20
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
LARIMER COUNTY, THE CITIES OF FORT COLLINS AND LOVELAND, AND THE
TOWNS OF TIMNATH, BERTHOUD, WINDSOR, WELLINGTON, AND JOHNSTOWN
RELATED TO THE DISTRIBUTION OF CARES ACT FUNDS
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of apportioning CARES Act funds.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement (Memorandum of Understanding Related to Distribution of CARES Act Funds)
referenced in the title of this resolution and in substantially the form now before the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
��
Town Attorney
158.c
Attachment 2
MEMORANDUM OF UNDERSTANDING RELATED TO DISTRIBUTION OF
CARES ACT FUNDS
This Memorandum of Understanding for Funding related to the distribution of CARES
Act Title V funds ("Agreement") is made and effective on June 30_, 2020,by and among the
Board of County Commissioners of Larimer County, Colorado (referred to as "County"), and the
City of Fort Collins, Colorado, the City of Loveland, Colorado, the Town of Estes Park,
Colorado, the Town of Timnath, Colorado, the Town of Berthoud, Colorado, the Town of
Windsor, Colorado, the Town of Wellington, Colorado, and the Town of Johnstown, Colorado
(individually referred to as "Municipality" or collectively as "Municipalities"). (The County and
Municipalities will jointly be referred to as the "Parties.")
I. RECITALS
A. The novel coronavirus referred to as COVID-19 has been declared a worldwide
pandemic. National, sfate, and local emergencies have been declared as a result of
COVID-19.
B. All of the Parties, as local governmental entities, have expended significant effort and
funds to protect the community from the impacts of COVID-19 and to slow its
spread.
C. Efforts to slow the spread and protect the community are ongoing and will require
continued time and funding. Recovery efforts are also ongoing and will require the
additional expenditure of time and funds.
D. The emergence and rapid spread of COVID-19 was unexpected and unable to be
predicted. Therefore, local governments could not have adequately budgeted for such
expenses.
E. The State of Colarado is appropriating $30,617,332.00 of CARES Act funding to
Larimer County local governments to reimburse these unbudgeted expenses through
the Department of Local Affairs ("DOLA").
F. The State of Colorado has designated DOLA as the fiscal agent for the funding which
will be administered as a reimbursement program following eligibility verification
performed by DOLA for the expenses.
G. All parties recognize that it is in the best interest of the Larimer County community to
work cooperatively to ensure that all of the Larimer County allocation is applied to
the benefit of Larimer County residents rather than allowing the funds to remain
unspent and revert to the state-wide reserve fund pool for reallocation elsewhere in
the state.
H. The criteria for eligibility will be as prescribed in the CARES Act and rules which
may be revised from time to time
L The Parties wish to agree on how to divide the appropriated funds for the good of the
community.
J. The Parties have a successful track record of working together for the benefit of the
community.
Page 1 of 16
158.d
K. County and Municipalities are authorized pursuant to Article XIV, Section 18 of the
Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, and
pursuant to their home-rule authority, as applicable, to enter into agreements for the
purpose of providing any service or performing any function which they can perform
individually.
II. CONSIDERATION
NOW, THEREFORE, in consideration of the covenants and obligations herein expressed,
the County and Municipalities each agree as follows.
IIL TERMS AND CONDITIONS
A. Commencing as of the date set forth above and continuing until such time as the
CARES Act funding allocated hereunder either has been fully disbursed to the Parties
by DOLA or has reverted to the state-wide reserve fund pool for reallocation, the
Parties agree to the following in relation to the CARES Act funds.
B. The obligations of the County and Municipalities to commit or expend funds are
subject to and conditioned on the receipt of the CARES Act funds.
C. The funds will be distributed among the parties as outlined in Exhibit A, which is
attached hereto and incorporated herein. Exhibit A contains the total estimated
current and projected expenses by each unit of local government in order to establish
intended "drawdown" of funds.
D. Each Party is individually responsible for completing all activities necessary to
become eligible to receive reimbursement from the CARES Act funds, including
"opting in"to establish an account in the DOLA system far administering CARES
Act funds. If a Party fails to complete such necessary activities, such Party may not
be eligible for distribution of the funds.
E. Each Party, at its sole discretion, may use the funds allocated to it in any manner
appropriate under the CARES Act as administered by DOLA and assumes
responsibility for ensuring the funds are only used for eligible expenses as determined
by DOLA under the CARES Act criteria.
F. Each Party will assume responsibility for covering its own costs until such time as
reimbursement is received from DOLA and assumes its own risk that such
reimbursement may not occur. No Party will have any expectation that other Parties
to this Agreement will be providing any CARES act funds to another. Each party is
liable for its own spending.
Page 2 of 16
158.e
G. Any parties may seek partners on projects eligible for CARES Act reimbursement,
whether or not from among the other Parties to this Agreement. Any party may seek
to reallocate its funds to or from another eligible CARES Act participant as part of a
separate cooperative agreement. No Party is under any obligation to participate in any
such cooperative projects.
H. Each Party, as a subrecipient of CARES Act funds, which are deemed federal
financial assistance subject to the Single Audit Act(31 U.S.C. §§ 7501-7507), is
responsible for ensuring compliance with respect to all applicable provisions of
federal and state regulations and standards as it applies to the CARES Act, including,
but not limited to, the Uniform Guidance (2 C.F.R. Part 200) and Catalog of Federal
Domestic Assistance (CFDA) 21.019, which at effective date of MOU among parties
is pending completion of registration. Should any portion of funds awarded/allocated
to a Party be de-obligated pursuant to failure to comply with applicable federal and/or
state requirements as they apply to the CARES Act, any re-payment of funds to the
federal and/or state agency requesting repayment is the responsibility of the Party
from which award/allotment amount was originally allocated.
L The parties will confer in early September 2020 to share information about the
progress of each Party's application of the funds to beneficial use in the community
and to consider an adjustment to the allocations in the event a Party does not
reasonably expect to utilize all of that Party's allocated funds.
J. Each Party will keep an appropriate accounting of the expenditure of funds sufficient
to meet the needs of DOLA and their own accounting practices, and any other
applicable CARES Act requirements.
K. This Agreement is to be construed accarding to its fair meaning and as if prepared by
all parties hereto and is deemed to be and contain the entire understanding and
agreement between the parties hereto. There shall be deemed to be no other terms,
conditions, promises, understandings, statements, or representations, expressed or
implied, concerning this Agreement unless set forth in writing and signed by the
Parties hereto.
L. This Agreement cannot be modified except in writing signed by all Parties.
M. This Agreement will be governed by and its terms construed under the laws of the
State of Colarado. Venue far any action shall be in Larimer County, State of
Colorado.
Page 3 of 16
158.f
N. Nothing contained herein is deemed or should be construed by the Parties or by any
third party as creating the relationship of principle and agent, a partnership or a joint
venture between the Parties, or an employment relationship between the Parties.
O. This Agreement is made for the sole and exclusive benefit of County and
Municipalities, their successors and assigns, and it is not made for the benefit of any
third party.
P. If any term or condition of this Agreement is held to be invalid by final judgment of
any court of competent jurisdiction, the invalidity of such a term or condition, will not
in any way affect any of the other terms or conditions of this Agreement,provided
that the invalidity of any such term or condition does not materially prejudice any
Party in their respective rights and obligations under the valid terms and conditions of
this Agreement.
Q. No Party will be deemed in violation of this Agreement if prevented from performing
any of its respective obligations hereunder by reason of strikes,boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, acts of public
enemies, acts of superior governmental authorities, weather conditions, rights,
rebellions, sabotage, or any other circumstances for which it is not responsible or that
are not within its control.
R. Notification to Parties to this Agreement shall be made to the U.S. mail addresses or
to the electronic email addresses listed on Exhibit B.
S. This Agreement may be signed by the Parties in counterpart.
Page 4 of 16
158.g
BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By:
Title:
ATTEST:
Approved as to form:
County Attorney
Page 5 of 16
158.h
CITY OF FORT COLLINS, COLORADO
By:
Title:
ATTEST:
Approved as to form:
City Attorney
Page 6 of 16
158.i
CITY OF LOVELAND, COLORADO
By:
Title:
ATTEST:
Approved as to form:
City Attorney
Page 7 of 16
158.j
TOWN OF ESTES PARK
By:
Title:
ATTEST:
Approved as to form:
�
Town Attorney
Page 8 of 16
158.k
TOWN OF TIMNATH, COLORADO
By:
Title:
ATTEST:
Approved as to form:
Town Attorney
Page 9 of 16
158.1
TOWN OF BERTHOUD, COLORADO
By:
Title:
ATTEST:
Approved as to form:
Town Attorney
Page 10 of 16
158.m
TOWN OF WINDSOR, COLORADO
By:
Title:
ATTEST:
Approved as to form:
Town Attorney
Page 11 of 16
158.n
TOWN OF WELLINGTON, COLORADO
By:
Title:
ATTEST:
Approved as to form:
Town Attorney
Page 12 of 16
158.0
TOWN OF JOHNSTOWN, COLORADO
By:
Title:
ATTEST:
Approved as to form:
Town Attorney
Page 13 of 16
158.p
EXHIBIT "A"
Party % of Allocation Allocation Amount
Larimer County, Colorado 50.00% $15,308.666
City of Fort Collins, Colorado 29.45% $9,015,692
City of Loveland, Colorado 13.64% $4,177,151
Town of Berthoud, Colorado 1.55% $475,349
Town of Estes Park, Colorado 1.11% $340,307
Town of Johnstown, Colorado 0.26% $79,913
Town of Timnath, Colorado 0.86% $262,512
Town of Windsor, Colorado 1.32% $405,021
Town of Wellington, Colorado 1.81% $552,720
TOTAL 100.00% $30,617,332
Page 14 of 16
158.q
EXHIBIT "B"
To County:
County Manager
Larimer County, Colorado
P.O. Box 1190
Fort Collins, CO 80522
Email: hoffmalc@co.larimer.co.us
To Fort Collins:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
Email: datteberry@fcgov.com
With copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
To Loveland:
City Manager
City of Loveland
500 East 3rd Street, Suite 330
Loveland, CO 80537
Email: steve.adams@cityofloveland.arg
With copy to:
City Attorney
City of Loveland
500 East 3rd Street, Suite 330
Loveland, CO 80537
To Estes Park:
Town Administrator
P.O. Box 1200
Estes Park, CO 80517
Email: tmachalek@estes.org
Page 15 of 16
158.r
To Timnath:
Town Manager
4800 Goodman Street
Timnath, CO 80547
Email: wlavanchy@timnathgov.com
To Berthoud:
Town Administrator
P.O. Box 1229
Berthoud, CO 80513
Email: ckirk@berthoud.org
To Windsor:
Town Manager
301 Walnut Street
Windsor, CO 80550
Email: shale@windsorgov.com
To Wellington:
The Town of Wellington
3735 Cleveland Avenue
P.O. Box 127
Wellington, CO 80549
Email: houghtkm@wellingtoncolorado.gov
With copy to:
March, Olive and Pharris, LLC
Attn: Brad March
1312 S. College Ave.
Fort Collins, CO 80524
To Johnstown:
Town Manager
P.O. Box 609
Johnstown, CO 80534
Email: mlecerf@townofjohnstown.com
Page 16 of 16
158.s
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159
TOWN BOARD MEETING
June 23, 2020
Report and Discussion Item 1 . Estes Park
Health.
There are no materials for this item.
160
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I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.A. ORDINANCE 10-20 REZONING, ROCKY MOUNTAIN HEALTH
CLUB, 1230 BIG THOMPSON AVENUE, ADESTES, LLC/OWNER.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
❑ Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
� Review any conditions for approval not in the staff report.
3. APPLICANT.
� The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
1
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
C� Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
i
T��N o� ESTES PARr
Memo • � • �
To: Honorable Mayor Wendy Koenig
Town Board of Trustees
Through: Town Administrator Machalek
From: Alex Bergeron, Planner II
Date: June 23, 2020
RE: Ordinance 10-20 Rezoning, Rocky Mountain Health Club, 1230 Big
Thompson Avenue, AdEstes, LLC/Owner.
(Mark all that apply)
� PUBLIC HEARING � ORDINANCE � LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Conduct a public hearing to consider and make a decision on a Private-Party-Initiated
Code Amendment (Rezoning) from the A (Accommodations) zone district to the CO
(Commercial Outlying) zone district.
Location: The subject property, addressed 1230 Big Thompson Avenue, is located on
the south side of Big Thompson Avenue (US 34) about 280 feet east of the Grand
Estates Drive and Elk Trail Court intersection. The 1.41-acre property is legally
described as LOT 1, SCHROEDER SUB, ESTES PK. The attached Vicinity Map
illustrates the zoning of the subject property and that of nearby properties.
Present Situation:
AdEstes Properties, LLC is the Owner of the subject property. The Owner purchased
the property in 2016 while it was being primarily used as a health club, a use which has
persisted since 1996 when the property was zoned CO (Commercial Outlying) through
today, albeit a lesser use of the site at this time. In 2019, Government Offices (in the
form of Visit Estes Park) opened on this site to supplement the several Personal
Services uses on the site and a diminished health club; a loss caused by the 2018
opening of the Estes Valley Recreation Center, which essentially outcompeted the
business with lower, taxpayer subsidized pricing.
The property has been burdened by its 2000, Town-initiated rezoning to A
(Accommodations) from CO (Commercial Outlying). Upon that rezoning, the property
fell into legal nonconforming status due to the fact that a "health club" is specifically
identified in the definition of an Indoor Commercial Recreation Establishment in
1
§13.2.C.12.A of the EPDC; a use not permitted in the A (Accommodations) zone
district), though, curiously, Private-membership Recreational Facilities or Clubs are a
permitted use. In looking for ways to improve the use of the property within the limits of
its legal non-conforming status more recently in light of financial hardship, the Owner
has been stymied by other technical use restrictions of the A (Accommodations) zone
district in the sense that they cannot expand the current, majority office use of the
property in a free-market capacity, as private offices are not permitted, but Government
Offices are, despite the uses being functionally the same, one could argue.
Proposal: Return the subject property to CO (Commercial Outlying) zoning, a
designation for which the site has been designed and has functioned as for at least six
decades, to relieve the site of the burdens caused by Code technicalities and allow
current and future property ownership to expand the existing functional uses of the site
within the permissions of the law, including privately-operated office space.
Review Criteria:
All applications for Private-Party-Initiated Code Amendments (Rezonings) shall be
reviewed by the Estes Park Planning Commission and Board(s) for compliance with the
relevant standards and criteria set forth below and with other applicable provisions of
the EPDC.
In accordance with Section 3.3.D. "Standards for Review", all applications for rezoning
shall demonstrate compliance with the applicable standards and criteria as follows:
1. The amendment is necessary to address changes in conditions in the areas affected.
Staff Finding: Affirmative. Staff finds that the opening of the Estes Valley Community
Center, while duly approved by appropriate decision-makers (including the voting public
in connection with the 1A Sales Tax), has very likely directly contributed to the declining
economic vitality of this site. Staff does not find that the Rec Center or its approval to be
in question; the finding is meant to acknowledge the economic aspect in this case.
Returning the zoning to CO (Commercial Outlying), for which the site is and has always
been operated in a modern context, promotes expanded productivity of the site without
substantially altering its function.
2. The development plan, which the proposed amendment to this Code would allow, is
compatible and consistent with the policies and intent of the Comprehensive Plan and
with the existing growth and development patterns in the Estes Valley.
Staff Finding: Not applicable. The development plan for this application has been
waived as there are no substantial changes in use or intensity of use to the site being
proposed with this application. Staff has routinely waived this requirement in recent
years, per authority of EPDC §3.3.B.1.
3. The Town, County or other relevant service providers shall have the ability to provide
adequate services and facilities that might be required if the application were approved.
2
Staff Finding: Affirmative. Staff finds that service providers have the ability to provide
adequate services and facilities to this location, as comments received from affected
agencies indicate no concern with the proposal.
Reviewinq Aqencv Comments:
This application has been submitted to reviewing agency staff for consideration and
comment. All comments received were supportive of the rezoning request.
Public Notice:
Written notice has been mailed to properties in accordance with EVDC §3.15 General
Notice Provisions. A legal notice was published in Estes Park Trail-Gazette and the
application is posted on the Town's "Current Applications" webpage. The applicant has
also posted a "Development Proposal under Review" sign on the property.
Advantaqes:
Rezoning the subject property from A (Accommodations) to CO (Commercial Outlying)
allows additional flexibility on the site, which is functionally designed for use typical of
the CO (Commercial Outlying) zone district today as it has been for at least the past six
decades.
Disadvantaqes:
Rezoning one parcel in an otherwise contiguous zone district to benefit property owners
could in theory be viewed by some as being inconsistent with the intent of the Estes
Park Comprehensive Plan.
Action Recommended:
The Estes Park Planning Commission (EPPC) voted and recommended approval (five
in favor of approval, none opposed, none absent or abstaining) of the rezoning
application on May 19, 2020.
Staff recommended approval to the EPPC, and stands by that recommendation today.
Finance/Resource Impact:
N/A.
Level of Public Interest:
Low: The Community Development Department received one written public comment
regarding project notification process and one written public comment expressing
support for the request. Staff also received half a dozen phone calls which were
inquisitive in nature, with no opposition expressed in any and a favorable sentiment
expressed in one. No additional public comment was received during the May 19, 2020
public hearing.
Sample Motions:
I move to APPROVE Ordinance 10-20 to rezone 1230 Big Thompson Avenue from A
(Accommodations) to CO (Commercial Outlying), in accordance with the findings as
presented.
3
I move to deny Ordinance 10-20 which would have rezoned 1230 Big Thompson
Avenue from A (Accommodations) to CO (Commercial Outlying), finding that [state
findings for denial].
I move to continue the request by AdEstes, LLC to rezone their property addressed
1230 Big Thompson Avenue from A (Accommodations) to CO (Commercial Outlying) to
the next regularly scheduled meeting [state reasons for continuing].
Attachments:
1. Ordinance 10-20
2. Vicinity Map
3. Application form
4. Letter of Intent
5. Referral list and affected agency comments
6. Waiver information
7. Neighborhood Meeting information and public comments
8. Full Application: www.estes.org/currentapplications
4
ORDINANCE NO. 10-20
AN ORDINANCE REZONING 1230 BIG THOMPSON AVENUE FROM A
(ACCOMMODATIONS) TO CO (COMMERCIAL OUTLYING)
WHEREAS, 1230 Big Thompson Avenue (legally described as LOT 1,
SCHROEDER SUB, ESTES PK) is currently zoned A (Accommodations); and
WHEREAS, the owner/applicant requests that their property be rezoned to CO
(Commercial Outlying); and
WHEREAS, the Estes Park Planning Commission has recommended approval of
the rezoning as proposed; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town that the recommended zoning change be
granted.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1: 1230 Big Thompson Avenue (legally described as LOT 1,
SCHROEDER SUB, ESTES PK) is hereby zoned CO (Commercial Outlying); and
Section 2: This Ordinance shall take effect and be enforced 30 days after its
adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of , 2020.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of , 2020 and published in a
5
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2020, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
6
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ESTES VALLEY
DEVELOPMENT APPLICATION
Submittal Date:
. _
, .. . .- - • • - ••
f Pre-App{ication(check application type(s)) 1- Minor Subdivision Plat r Condominium Map
r Development Ptan r Amended Ptat f" Preliminary Map
r Special Review r Boundary Line Adjustment r Final Map
f Preliminary Subdivision Plat IX Rezoning Petition f" Supplemental Map
f Final Subdivision Plat f' Other:Please specify
. .
Pro}ect Name 1230 Big Thompson Avenue Carrective Rezoning
PfojeCt QeSCription Restore zoning designation of propery to Commercial Outtying
PfojeCt Address 1230 Big Thompson Avenue,Estes Park CO 80517
Legal Description LOT 1,SCHROEDER SUB,ESTES PK
ParcellD# 2519406001
Lot Size 61,245 sq ft
Existing Land Use office space,gym
Proposed Land Use Office space,gym
Existing Water Service r Town r Well I- None r Other(specify)
Proposed Water Service r Town r Well t- None r Other(specify)
Existing Sanitary Sewer Service � EPSD r UTSD r Septic r None
Proposed Sanitary Sewer Service � EPSD r UTSD f-' Septic
Existing Gas Service � Xcel r Other r None
Existing Zoning Accommodations Proposed Zoning Commercial Outlyinq
. . .
Name of Primary Contact Person David LaSalle
E��� dlasalle@rmhclub.com .
Primary Contact Person is , � Owner i� Applicant f' ConsultantlEngineer
,
!x .Statement of Intent ' tX Digitaf copies PDF emailed to planning@estes.org
f 3 copies,24"x 36"(folded)of plaUplans fz Application Fee
r 1 copy, 11"X 17"reduced set of plaUplans r Fee Waiver Request
Refer to the Estes Valley Development Code Appendix B for application submittal requirements.
Town of Estes Park-�P.O.Box 1200�170 MacGregor Avenue-aa Estes Park,CO 80517
Community Development Department
Phone:970-577-3721 � Email:planningc�estes.org �+ www.estes.org/CommunityDevelopment
Revised 2017.01.09 KT
$
. . .
Record Owner(s) Alix Wenaert-LaSalle&David LaSalle,AdEstes Properties LLC
Mailing Address PO Box 1975, Estes Park CO 80517
Phone Alix: 210-838-6760;David 210-254-0781
Email Alix: wengerta@hotmail.com;David: dlasalle@rmhclub.com
Applicant Same
Mailing Address
Phone
Email
ConsultanUEngineer NA
Mailing Address
Phone
Email
MINERAL RfGHT CERTIFICAT{ON
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 fot,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.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.• NA ,
Applicant PLEASE PRINT:
Signatures:
Record Owner Date
Applicant Date
OWNER 8�APPLICANT CERTIFICATION
� As Owner,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and I am the record owner
of 1he property.
► As Applicant,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and in filing the
application 1 am acting with the knowledge and conseni of the record owner(s)of the property.
� I grant permission for Town of Estes Park employees,reviewing agency staff,Planning Commissioners,members of the Town Board of
Trustees,or Larimer County Commissioners with proper identification access to my property during the review of this application.
� I acknowledge I have received the Estes Valley Development Review Application Schedule and am aware that failure to meet the deadlines
shown on said schedule may result in my application beying delayed or any approval of my application becoming null and void.
Names:
Record Owner PLEASE PRINT: Alix Wengert-LaSatle David LaSalle
Applicant PLEASE PRINT.�
Signatures: ��� /1Li� �� ����
Record Owner G _ _ f) � _ Date 15 Feb 20
Applicant Date
�
Revised 2017.01.09 KT
9
AdEstes Properties LLC
PO Box 1975
Estes Park CO 80517
Community Development Department
Town of Estes Park
970-577-3729
15 Februaiy 2020
To Whom It May Concern,
We are pleased to submit this request for a cortecti`re rezoning of the property we own at 1230 Big
Thompson r�venue.
HISTORY
As far as the Development Office records indicate, 1230 Big Thompson r,venue was zoned
Commercial Oudying ("CO") from 1960,when the property was developed as a restaurant, to 2000,
when the property was rezoned to Accommodations ("r'�"), making it legally nonconforming. The
property had just been redeveloped as a health club (a CO use per the Estes Valley Development
Code) in 1996 and there were no plans for future repurposing of the property for an
accommodations use.
Our research has uncovered no documented explanation or justification foY the 2000 rezoning of
the property away from its historical and intended CO use. The Certificate of Occupancy approved
by the town in 1996,just four years prior to the rezoning, documents the zoning as CO.
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10
The Estes Valley Development Code specifies that a health club, defined as an Indoor Commercial
Recreation Establishment, falls under the CO use classification.
12. Commercial Recreation or Entertainment Establishments, Indoor.
a. General.Definition :A building or part of a building devoted to providing amusement,entertainment or r
recreation for a fee,including movie theaters and theatrical space for dramatic,musical or live
performances, indoor pinballlvideo arcades, bowling aileys, health clubs,aerobic exercise studios and
induding such activities as billiards and pool,other table games and similar-scale amusements.
.�i Use Ciassification Spedflc Use NonresidenNal Zoning oiseric[s Additional Regulations I
fApply in All bistrlets
�' "P"=?ermitted by Right Untess Otherwise Stated)
�. "51 or 52"•Permitted by Special Review
=•Prohibited
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When we purchased the building in January 2016, appro�imatelyr 80°% of the property was used as
the Rocky Mountain Health Club, the largest fitness facility in town with approYimately 600
members. The other 20%was leased to professional service pYoviders including a breathwork
company, massage therapist, esthetician and physical therapist. Dr. Scott Bockelmann has been
providing chiropractic services in the building since June 2016. The March 2018 opening of the
Estes Valley Community Center as a direct competitor with taxpayer subsidized pricing changed the
fitness market landscape such that the health club revenue could no longer support the opeYating
costs of the building. In January 2019,Visit Estes Park became the building's prunary tenant and
the health club downsized to approximately one quarter of the usable square footage.
Looking to find the best and highest use of the building,we explored the possibility of developing
the propeYty into an accommodations use but through our discussions with multiple hotel operators,
notably Marriott and Choice Hotels, both highly interested in expansion to Estes Park,we learned
that the property is too small for modein hotel development given the town's building height
restrictions and the cost of construction in the Estes Valley.
INTENDED USE
The arrival of broadband service to Estes Park creates the opportunity to piovide modern,
sophisticated commercial office services to an increasing number of business owners and visitors
who require world-class network connectivity for their professional activities. Upon rezoning back
to CO,we propose to upgrade the interior of the propeity and create a co-working office space for
Estes residents and visitors. There are many� entrepreneurial residents of Estes Park who currently
aYe limited to woiking from home, coffee shops and/or the libxaryr. We�vould like to offer a place
11
foY the residents of Estes Park to engage in highly productive professional activity, aligning closely
with the goals of the Novembez 2015 Estes Park Economic Development Strategy�.
RestoYing the piopeYty to a Commercial Outlying zoning designation��ill allow us to invest in and
develop the propeYty as it was intended until the 2000 Ftezone. The Estes Valley Development
Code defines CO use as follows:
"This zoning district is established to encouYage the development of a wide variety of
commercial and retail uses along the major coriidoi entfyways into the Valley and the Town of
Estes Park. This zoning district is established to implement the "Commeicial" and
"Commercial-RecYeation" future land use categoxies recommended in the Comprehensive Plan.
This district should accominodate the majority of the laYger, fieestanding commercial and retail
buildings to meet future demand in the community."
Our property fits this intent e�acdy. Theie are several othei pYoperties along the eastern Highway
34 cotridor cuLrentlyT zoned CO; these complement the accommodations and iesidential propeities
also in this area. Grant Peck, owner of the Blue Dooi Inn and oui neighbor direcdy to the west,
provided an e�nail supporting our rezoning tequest(included with our Community Meeting Report)
as a welcome amenity for his guests.
This corrective rezoning request is required because, curiously, the Estes Valley Development Code
allows for�overnment office use in any nonresidential zoning district but only allows commercial
office use in Commercial Downtown, Commercial Outlying and Office zoning districts. The same
type and intensity of use is forbidden by regulation to individuals who don't work for a public entity.
To enhance the experience of the property users,we plan to continue providing wellness amenities
including fitness classes, a small gym, as well as showers and saunas for co-working space members
and other residents of Estes.
The physical improvements to make this possible will be almost entirely on the interior of the
building. Those will include making the building more r�DA compliant. We are working with Steve
Lane of Br�S1S Architecture to determine the feasibility of installing an elevator to improve access
between floors, as well as ramps or lifts in necessary areas of the upper floor to improve accessibility
for non-ambulatory users. The only exterior changes we anticipate at this point will be resurfacing
the front exterior,updating the sign, and repauing& expanding the upper level deck and downstairs
patio area, neither of which are visible from the street. Of course, all work, both interior and
exteYior,will be accomplished only after the necessary permitting approvals are obtained.
COMMUNITY COMMENT
We held a community meeting regarding this rezoning proposal on 12 February 2020,with only one
attendee,Ms. Barb Davis,who was wholly supportive. Other than I�Zr. Peck's input noted above,we
have received no other written comment on the proposal.
WHY CORRECTIVE RE70NING?
The ApYil 2012 Estes Park Zoning InfoYmation Sheet provided online describes corrective rezoning
as follows:
12
"Corr'ec�ive �etiotaing.r are the exception. They are instances when the 2d00 plan was in error. For
example,you might have a single- family dwelling on your property, and it was zoned commercial,
or perhaps you have seveial dwellings on youx property and it was zoned for single-family use. In
these cases,your pYopeity would be considered nonconfoiming, and might be eligible for rezoning."
(htms:J/«��=«-.coloiac�o.�o�-/t�acific/sitcs/dcfault/filcs/Rezonin�.t�d fl
We recognize that the Estes Valley Development Code, section 3.3(B)(3), specifies that corrections
of errors need to occui within one yeaY of the effecti�e date of the Code. That, of couxse,was
impossible foY us as we didn't take owneiship unti12016. Ne�ertheless,the eYror seems cleaY. We
have a building built for and only ever operated as a CO use that was Yezoned to a completely
different use, one which is not viable due to the size of the piopeYty in light of the to`un building
regulations. We ask that we not be penalized as owners because piior owners didn't take action
within that timefiame.
CONCLUSION
Based on all the above,we believe that a coYYective rezoning back to its historical and intended CO
designation is appropriate for our property. Appro�-ing this request�vill allow us to continue
investing in the community. We are military retirees who have lived all over the world;we chose to
begin our second careers here in the Estes Valley which we have found to be a uniquely� spectacular
location in which to live and work. We look forward to gettulg past this hurdle so we can move
forward with this project and enhance our contribution to the attractiveness and prospeYity of oui
adopted home.
'' (1
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A1tY LaSalle � David LaSalle
Owners,AdEstes ProperYies LLC
13
ACENCYIPOSITIONIfITI.E NAME EMAIL ADDRESSfES1, DISTRIBUTION NOTES
� I Town Adminislrator ,Travis Machalek ,tmachalek(�estes.orC All appficalions in 7awn with a high]evel of public
�inlerest(Rom pra-ap�}
I � Communiry Oevelopmerrt Director Randy Hunt rhufH�estes.o�1 IAII epplicalions _
� Plaivrinq Division-Senior Planner JeN Woeber pMoe4¢rQ�o�#3,on'Y !VJnen lead dlenner i
I _I Plsnninq Division-Planner I 1 �When lasd planner - _ _ -� _
�Planning�ivision-Planner Il 'Aiex Bergeron 'abErqeronl�estes.oro ���' i Whan lead planner
� �f �Plsnning Drvision-Planning Tech � ,All applicalions
; � '£nglneeringlFEoo�plain Mgml �� ��� i All eppllcations in EV alang river corridars,a11
'3ennifer Waters iwaters(�estes.ora
'EntiranmeMa!Plan�er ;app.ic�-tionsdovmtvwm
€�� ��� A'I app�ca4ons in EV in case of outsWndmg code
� �Code Campliance Officer Michael MaAachy mmadachvf�estes.orq, violations
� 18uilding Sefety�i�nsion ' ,All epplicalions u�Town,with excepGon o!BiAs and '
IChief Buildin�O}CBa11C60] .Gary Rusu arusu(�estes.ora � �e����g
i � If to CBO,also fo Pennit Tech,wilh exoeption af
� � Huilding Safety�ivision eaudette(�estes.ara Rems rautad to CBO soiely Wc oT floodplain
Builtling Permil Tech Eris Audetta ' management
, �All annexalions.al[prqeds wiFh a hig�fevel of puDde
'Tavn Aqomey Dan Kramer dkramerf�estes.ora, 'irrterest,and atl proposetl legal daeumants(e.g.
� �tlevelopmeni agreemenis and draN easements)
' Public Works Diredor Greg Muhonen omuhonenf8iestes.ora i All applications in Town with a high level of pub ic
I . . . . interest f'ram pre-appl
�Town Engineer Jenniter waters ,iwaters�estes.ora iAll applicalio�s in EV
� ✓'Town Engineer David Hook �dhook(�effies.ora �Oulside Town limits for 000rdinafwn and consistency
Public Works Rtlmin.Asst. Megan VanHaazer mvanhaoxer(�estes.ora Iwith Larimer Engineering;H project involves pu6lic
�roatls or dremagel
/ Utilities DiraGor Reuben Bergsten rberasten(�estes.orq �
✓ UtililiBs Coordinator Steve Rusch s[usch(�estes.ora i A�I applications in EV that invdve eleMnc or water
UGlities Admin.Asst. KaAa Sfeding ksteAin�estes.ora ��Provisian
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Chris Eshelman .CeShelmeR(�esteS.Orq
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Shane KreA skrell(�estes.om
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Chris Bieker
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EV Recreation&PeAcs�istrict 'Tom Carvsetlo tamc(&evrod.com All appGcations with treil potenlial
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17
AdF.stes Properties LLC
PO Box 1975
Estes Park CO 80517
Community Development Department
Town of Estes Park '
970-577-3729
15 February 2020
To Whom It May Concern,
Request For Waiver Of Development Plan Inclusion in Rezoning Application
Reference: 1230 Big Thompson Avenue Rezone Request Statement of Intent
We respectfully request that the Town of F.stes Park waive the requirement to submit a
development plan in conjunction with our rezoning request. As described in detail in the reference,
we believe that, other than the 1-year timeline specified in the Estes Valley Development Code
Section 3.3(B)(3), this request meets all criteria for a corrective rezoning.
Section 3.3.(B)(1) of the Development Code indicates that Staff may waive the requirement for a
Development Plan for Private-Party-Initiated Applications for Code Amendments (Rezonings) "if it
finds that the projected size,complexity,anticipated impacts or other factors associated with the
proposed development or subdivision clearly justify such waiver."
Our corrective rezoning request leads to no change in use type or intensity. The development plan
for the property currently held by the Town was filed in 1996 and we have no proposed changes to
the use or built infrastructure associated with this rezoning request other than repairs and moderate
expansion of a deck and patio, neither visible from the street. Any potential internal (we do plan
some improvements to internal ADA accessibility once our rezoning request is approved) upgrades
to the building will be submitted to the Development Office via the normal permit approval
process.
Th k you for considering our xequest.
�/ � ��
� `, (�J \�
� ,zp �,�,,p .��,
Ahx LaSa e David LaSalle
Owners,AdEstes Properties LLC
18
AdEstes Properties LLC
PO Box 1975
Estes Park CO 80517
Community Development Department
Town of Estes Park
970-577-3729
15 February 2020
To Whom It May Concern,
Request For Waiver Of Rezoning Application Fee
Reference: 1230 Big 1'hompson Avenue Rezone Request Statement of Intent
We respectfully request that the Town of Estes Park waive the application fee for our rezoning
request. As described in detail in the reference,we believe that, other than the 1-year rimeline
specified in the Estes Valley Development Code, Section 3.3(B)(3), this Yequest meets all cYiteYia for
a corrective Yezoning. . .
Accoxding to all town xecords made available to us, our property has always had a"Commercial
Oudying" (CO) actual and intended use. The rezoning of the propexty in 2000 to an
"Accommodation" (A) designation was an erroY. In order to become an accommodations use, the
building would have to either be scraped and rebuilt or extensively renovated. Multiple hotel
operators have told us that with the height restrictions in the Development Code,xedevelopment for
an accommodations use is economically unviable. The CO designation aligns with both the Estes
Valley Development Code and Comprehensive Plan, further convincing us that the 2000 Yezoning
was an administrative error.
We puYchased the propeYty in 2016 and so do not meet the 1-year timeline YequiYement.
Nevertheless,we ask that we not be penalized financially to accomplish the adnunistratively simple
pYocess of returning the propeYty to its original,correct zoning designation. The property is
cuYrendy being used for professional offices and a health club -no change in use is proposed. T'he
correction, however,is necessary to formally allow non-public organizations to lease office space in
the building and will allow us to obtain the necessary financing for improvements to the pYoperty
and creation of a co-working space for Estes Park entrepreneurs and small business owneYs.
Th k you for considering our request.
,
� �
G- � '! �C�r��
�
A�c La alle David LaSalle
Owners,AdEstes Properties LLC
19
AdEstes Properties, LLC
PO Box 1975
Estes Park, CO 80517
11 February 2020
To the Estes Park Development Office
Re: Community Meeting Related to the Rezoning Proposal for 1230 Big Thompson Avenue
The road sign notice for the Community Meeting was placed on 25 January 2020 and a time &
date-stamped photo provided to the Development Office via email. A notice for the meeting
was also placed in the Estes Park News and appeared in the 31 January 2020 edition. Letters
notifying the neighbors as identified by the Town of Estes Park were mailed to those property
owners at the addresses provided by the town on 26 January 2020.
We held the community meeting at 5 pm on Tuesday, 11 February 2020 at 1230 Big Thompson
Avenue. There was one in-person attendee: Barbara Davis, 601 Findley Ct, Estes Park, CO
80517. After seeing and discussing our proposal, Barbara was fully supportive of the rezoning
request with no concerns expressed.
We also received one email from a neighbor property owner, Grant Peck:
20
Rocky Mountain Health Club Mail-Rezoning for 1230 Big Thom... https://mail.google.com/mail/u/2?ik=c95969e818&view=pt&searc...
�� ���I David LaSalle<dlasalle@rmhclub.com>
I.
Rezoning for 1230 Big Thompson Ave
2 messages
gpeckgolf@comcast.net<gpeckgolf@comcast.net> Mon,Feb 10,2020 at 11:21 AM
To:info@rmhclub.com
Dear Committee,
I am the owner of the Blue Door Inn,directly west of the property at 1230 Big Thompson. I am writing to support
Dave LaSalle's effort to make a change to the CO zoning.
I believe the basis for making this request to change from(A)to CO is academic. As the town of Estes Park is
currently allowing the local government to office at this same building,absent the CO zoning,it would be difficult
to argue that a change in rezoning should be opposed. In addition the building was previously zoned CO.
I understand the intent of the owner is to improve the property such that additional Office space leasing can
occur. I believe additional office space will have a positive impact by making additional office spaces available to
businesses etc.that don't have adequate alternatives elsewhere in Estes Park. Furthermore the impact of office
space,as currently planned,would have minimal impact on traffic on US 34.
As a motel operator,immediately adjacent to the property, I cannot see any negative impact(converting to the
CO zoning)on my business or any other business along the HWY 34 corridor.
I strongly support the requested change in Zoning.
Respectfully,
Grant Peck
Owner
1220 Big Thompson Ave
720 671 0772
Rocky Mountain Health Club
1 of 2 2/11/20,5:40 PM
One other email was received regarding this request from Diane Ernst, 147A Stanley Circle
Drive, Estes Park, CO who was concerned that there had not been the required notice for the
21
meeting (the street sign was blown down or covered by snow from the plows after the recent
storm). She was provided evidence that proper notification was indeed made and thanked us for
the information.
Please advise if you have any other questions regarding this meeting.
Sincerely,
Alix & David LaSalle
Owners, AdEstes Properties LLC
1230 Big Thompson Avenue
22
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2/27/2020 Town of Estes Park Mail-Lack of Posted Notice for Neighborhood and Community of Zoning Change Proposal
�� Alex Bergeron <abergeron@estes.org>
M
: STE � r .1 ? F:
Lack of Posted Notice for Neighborhood and Community of Zoning Change
Proposal
7 messages
ROBERT AND DIANE ERNST<ernstb2@msn.com> Tue, Feb 11, 2020 at 12:43 PM
To: "rhunt@estes.org" <rhunt@estes.org>
Cc: "planning@estes.org" <planning@estes.org>, "tmachalek@estes.org" <tmachalek@estes.org>, "info@rmhclub.com"
<info@rmhclub.com>
To: Randy Hunt
Re: No Posted Notice of Zoning Change Proposal neighborhood meeting at Athletic Club
Per Estes Valley Development Code, Chapter 3, 3.2, Standard Development Review Procedure, b. Neighbor
and Community Meeting, c.(3) Posted Notices of Neighborhood and Community Meetings is as follows:
Posted Notices of Neighborhood and Community Meeting. Required posted notice requirements shall be on
a standard sign with format and material as determined by the Planning Department. The following
additional requirements shall apply to posted notices pursuant to this Section:
a) Any posted notice shall be legible from a public street or public right-
of-way in clear weather conditions. "Legible" is defined as meeting
the legibility requirements in the Estes Park Municipal Code Chapter
17.66 (Signs).
b) Projects abutting more than one public street or public right-of-way
shall be required to post one (1) additional sign for each abutting
public street or public right-of-way.
c) Posting of all notice(s) required by this Section shall take place no
later than ten (10) days prior to any given neighborhood and
community meeting for which the posting is required, and the posted
signage shall remain until the close of any such neighborhood and
community meeting, including the closing dates of any neighborhood
and community meeting that may be continued or postponed.
d) Proof that the required signage was posted in accord with this
Section shall be provided to the Planning Department prior to the
opening of any neighborhood and community meeting. A date-
stamped photograph of the posted notice in context shall be deemed
adequate proof for purposes of this Section.
e) Removal, damage or destruction of a properly posted notice by
weather or other natural occurrence shall not be construed as failure
to comply with
the public notice provisions of this Code.
As of 11:30am this morning, February 11, there was no posted notice of the neighborhood meeting
tonight at the Athletic Club, 1230 Big Thompson Avenue.
I have no idea if written notices were mailed to the neighbors as required by the code.
24
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2/27/2020 Town of Estes Park Mail-Lack of Posted Notice for Neighborhood and Community of Zoning Change Proposal
This requirement is in the code to assure transparency of development projects in the Estes Valley area (soon
to be Estes Park area).
You attention to this issue is appreciated.
Sincerely,
Diane Ernst
147A Stanley Circle Drive
Estes Park, CO
Randy Hunt<rhunt@estes.org> Tue, Feb 11, 2020 at 12:54 PM
To: ROBERT AND DIANE ERNST<ernstb2@msn.com>, Alex Bergeron <abergeron@estes.org>
Cc: "planning@estes.org" <planning@estes.org>, "tmachalek@estes.org" <tmachalek@estes.org>, "info@rmhclub.com"
<info@rmhclub.com>
Diane, thank you.
Alex, can you please follow up with the applicants?
RAH
Sent from my iPhone
On Feb 11, 2020, at 12:43 PM, ROBERT AND DIANE ERNST<ernstb2@msn.com>wrote:
[Quoted text hidden]
Claire Kreycik<ckreycik@estes.org> Tue, Feb 11, 2020 at 12:55 PM
To: Alex Bergeron <abergeron@estes.org>, Randy Hunt<rhunt@estes.org>
FWIW, I did give David his sign and neighborhood notification list when I was filling in for Karin. Have a good day.
Cheers,
Claire
[Quoted text hidden]
�
Claire Kreycik
Executive Legal Assistant
Town of Estes Park
970-577-4762
Randy Hunt<rhunt@estes.org> Tue, Feb 11, 2020 at 12:57 PM
To: Claire Kreycik<ckreycik@estes.org>
Cc: Alex Bergeron <abergeron@estes.org>
Good to know-thanks.
RAH 25
Sent from my iPhone
https://mai I.google.com/mai I/u/0?i k=f7fdOcc745&view=pt&search=al I&permthid=thread-f%3A1658270727539630616&simpl=msg-f%3A165827072753... 2/5
2/27/2020 Town of Estes Park Mail-Lack of Posted Notice for Neighborhood and Community of Zoning Change Proposal
On Feb 11, 2020, at 12:55 PM, Claire Kreycik<ckreycik@estes.org>wrote:
FWIW, I did give David his sign and neighborhood notification list when I was filling in for Karin. Have a
good day.
[Quoted text hidden]
Alex Bergeron <abergeron@estes.org> Tue, Feb 11, 2020 at 1:53 PM
To: ROBERT AND DIANE ERNST<ernstb2@msn.com>
Cc: "rhunt@estes.org" <rhunt@estes.org>, "planning@estes.org" <planning@estes.org>, "tmachalek@estes.org"
<tmachalek@estes.org>, "info@rmhclub.com" <info@rmhclub.com>
Hi Diane,
Thank you for your message. The notice for the meeting was posted in Estes Park News, an invitational letter was mailed
to adjacent property owners and those within 100 feet from there, and a sign was posted at the property back in January
(see below). I just took a drive by the property and the sign post remains, suggesting recent inclement weather or some
other incident may have removed the sign.
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Thank you for your diligence,
-Alex Bergeron 26
https://mai I.google.com/mai I/u/0?i k=f7fdOcc745&view=pt&search=al I&permthid=thread-f%3A1658270727539630616&simpl=msg-f%3A165827072753... 3/5
2/27/2020 Town of Estes Park Mail-Lack of Posted Notice for Neighborhood and Community of Zoning Change Proposal
Planner II
Community Development Department
Town of Estes Park
970-577-3729
[Quoted text hidden]
David LaSalle <dlasalle@rmhclub.com> Tue, Feb 11, 2020 at 1:55 PM
To: ROBERT AND DIANE ERNST<ernstb2@msn.com>
Cc: "rhunt@estes.org" <rhunt@estes.org>, "planning@estes.org" <planning@estes.org>, "tmachalek@estes.org"
<tmachalek@estes.org>, "info@rmhclub.com" <info@rmhclub.com>
Hi All - the sign was posted on 25 January at 3:55. The below photo was submitted as proof.
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It was up since then but may have recently been covered up or knocked down by a
plow's action.
The ad for the meeting was published in the EP News on 31 January.
The letters were all sent out as well.
David
27
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2/27/2020 Town of Estes Park Mail-Lack of Posted Notice for Neighborhood and Community of Zoning Change Proposal
Alix and David LczSczlle, Oivner.r
AdE.rte.r Group, Inc., DBA Kocl�y Mountain Health Club
PO Box ��75, E.rte.r Par,� CO 805�7
info@rmhclub.com
(2�0)-254-078�
http://rmhclub.com
On Tue, Feb 11, 2020 at 12:43 PM ROBERT AND DIANE ERNST<ernstb2@msn.com>wrote:
[Quoted text hidden]
Rocky Mountain Health Club
1230 Big Thompson Avenue
Estes Park, CO 80517
970-577-1900
ROBERT AND DIANE ERNST<ernstb2@msn.com> Tue, Feb 11, 2020 at 4:30 PM
To: Alex Bergeron <abergeron@estes.org>
Cc: "rhunt@estes.org" <rhunt@estes.org>, "planning@estes.org" <planning@estes.org>, "tmachalek@estes.org"
<tmachalek@estes.org>, "info@rmhclub.com" <info@rmhclub.com>
Good afternoon all:
Thank you for your timely response and follow-up. We appreciate your attention to the email.
Diane Ernst
From:Alex Bergeron <abergeron@estes.org>
Sent:Tuesday, February 11, 2020 8:53 PM
To: ROBERT AND DIANE ERNST<ernstb2@msn.com>
Cc: rhunt@estes.org <rhunt@estes.org>; planning@estes.org <planning@estes.org>;tmachalek@estes.org
<tmachalek@estes.org>; info@rmhclub.com <info@rmhclub.com>
Subject: Re: Lack of Posted Notice for Neighborhood and Community of Zoning Change Proposal
[Quoted text hidden]
2$
https://mai I.google.com/mai I/u/0?i k=f7fdOcc745&view=pt&search=al I&permthid=thread-f%3A1658270727539630616&simpl=msg-f%3A165827072753... 5/5
• �
e ues or orrec � ve ezon � n
.
i om son ven ue
Alix & David LaSalle, Owners
29
Key Thoughts
This is a request to correctively return the zoning for this property to its
historical "Commercial Outlying" designation . It is not a request to
affirmatively change the zoning to something new.
• The property was zoned "CO" from construction until the 2000 Estes
Valley Development Code rezoning.
• The town has no documentation explaining the rationale behind the
EVDC "Accommodations" re-designation . It appears to have been an
administrative error.
• The building has only ever had a CO use from 1960 until today.
• The property is not fit for accommodations use due to small size and
current building regulations — it cannot serve an "A" purpose.
30
Estes Park Zoning Map — Highway 34 Corridor
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The building was originally constructed in 1960. �,�,._._ �. � � -
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It o erated as various restaurants from 1960-1996. �� �"� ����'� ���'�`� `�'� �'�`�� � �
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In Spring 1995, Dr. & Mrs. Spence purchased the - -��.����:ri -- ��._�;�.___
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property, then operating as the Villager Restaurant. � � �_-_ � _ '� �� ��=���- �� ��� � �-�-� -��� � ����� � „�. .
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The Grand Opening of the Rocky Mountain Athletic Club -- -- -_�� r� � � � ��� � ��
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� 7��"" �� `'{t''��`�` ��"��Y�u'p'���t - the Rocky Mountain Health Club.
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�=���'x��k , The LaSalles purchased RMHC in January 38
- � ' 2016.
� � ' ' ,,,,�� � T�1N N Cl F ���E� P Atif�'� • • ?
��� � gUILpIHG I�PARTMENT Why corrective rezoning .
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� i . �. �Y� ��—�"�- • Prior to 2000, the property was zoned
���`�s�� LSIeS P��k. ��lorado 9�4517
-- - ��" ���� !l�OJJ
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r}:S7�RnRY
CEIi'1'IFIC�TE OF OCCUP��� ��
Thi� ia t4 cerCify ti��t� �h4
R[lilecfo �C.luh
U+�I�i; Z}r_ H_ &. 30�'I�C9 — �
ERECTEQ O� L4t �a. � � �r4�� ��. • 1230 Big Thompson Avenue has never
Additi�ci Stl�toedcr 5ubdlvia#on
�����t ,�}o gi T� �aRllvgnqr. operated as anything but a restaurant or
�d11171SJ ��rlSS ����+ S�.lvcY�;� i
�r�h����t �� ���u , tnfi. �����$���� k .re���p, t�t. _ gy m . I t h a s n eve r h a d a n i nte n d e d
&uildi�g p��it ��. 54�+E. __ S�nin� _ _c:=U_ _OCC. �_. �-� accommodations use.
nas bean fns�e�tad an� the foiioa,ing occupancy titerea€ is he�e�y
authoriaed: �a,ximi�m �ll,ouab�e
Oacu�ancies F14Gr LaatiS, L�3.
---- — Pe r_s�,F t�,�,
$a9�m�n� k-� IUU
lst Fi��r �=3 «�
2nd Flaor
Roof 4� !b 1 ive Load
9-Y7-�}6
---Date
r� �. ����!
Bui inq Inspector
see; c.o, �o,�t��� s��� 39
P �.&r�1?b0 Tplrphong(]0!I 586•5���
The 2000 rezoning instantly made the property non-conforming with its new "A"
zoning, even though it had been recently renovated for continued CO zone usage.
1 �. �amm�rcial R��reati�n o� Ent�rtainment E�tablishm�nts� Inda�r.
a. ��neral Definition : � buildin� or part of a buildir�� de�rot�d to pro�riding amu�ernent, ent�rtainment or
r�cre�tion for a feer includin� m��ie theater� ,�nd theatrical �pa�e for dramatic� musical or li�e
p�rforrnar�ce�r ind�or pinballl�rid�a �rca���r bov�lin� alleys� h��lth �I�b�r d�l'0�]IC ���fCl�� ��1.1£�[O��nd
in�l�din� s��h a�ti�ities a� billiards and p�ol, other ��bl� games and similar-scal� amusements.
Use Classifi€atian Speci�c Use Nanresidential Zaning aistricts Additianal Regulatians
{A��3ly i�All Dis[ritt�
I ��P•�=Permitted by Ri�ht Unl�ss Otherwise Stated�
��51 or 5�"� P�rrnitted by 5pe�ial Review
— = Prahibited
A A-1 CD CO O [H I-i
C�mmer�ial E�e�reation or Entertainrnent Limited — — P I P — � — — �5_1.0
Establ�shm�nts,InCoor
All other — — — I P — P F' �5_1_C
��mmereial E��cr��CiQn qr EnC�r[�inrn�n# Am�Se���[pd�s — — — I 52 — — — �5-1,�
E sta blis h me nts.Ou tdoar
M i++iatu re g�IF — — — I Si — — — 55.1,C
40
Source: Estes Valley Development Code
"A" zoning is clearly improper for this property
• The current building is not appropriate for accommodations — it
would have to be either scraped and rebuilt or extensively renovated .
• Redevelopment into an accommodations use is not economically
feasible. Several hotel operators (e.g., Marriott, Choice Hotels) told
us that the small size of the lot ( 1 .44 acres) and the town building
height regulations make accommodations development economically
unviable for this property.
41
Ot h e r Fa cto rs
• Though nonconforming as a result of the 2000 rezoning, the property
worked fine as a fitness center until the subsidized EVRPD Community
Center made that business, at that scale, unviable as well .
• CO zoning is common along this highway corridor. A CO-zoned lot
would restore historical conformity and complement current
neighborhood zoning. Our use proposal fits the 2015 Estes Valley
Economic Development Plan but needs CO zoning to be allowed .
• We haven't found any apparent use or planning reason for the 2000
"A" rezoning of 1230 Big Thompson Avenue; it appears to be the
result of an administrative oversight. Corrective rezoning would fix
that without financially penalizing us as owners for that mistake. 42
• Expand current professional services administrative office use (Visit Estes Park) to
create "Vert Co-working", an flexible workspace economic community hub for
Estes Park, serving both residents and visitors.
• "A" zoning allows for government office use, but not commercial office use. We
propose no change in use; restoring the historical "CO" zoning would allow us to
serve Estes Park business owners, entrepreneurs and visiting remote workers.
• Flex workspaces (i .e., short-term memberships rather than traditional long-term
leases) for small professional services business and nonprofit operators are in
great demand . The industry is expected to grow significantly over the next two
years, especially post-COVID as companies hedge against economic uncertainty.
43
Community Benefits
• Professional services represent one of the prioritized industry clusters in the Estes
Valley Economic Development Strategy, as does a coworking space. This project
would help the town achieve development goals without the need for new
construction .
• Renovations will allow us to enhance accessibility.
• Owner-provided amenities will include safe private office spaces and appropriately
distanced/configured desks, broadband, indoor and outdoor conference areas,
wellness facilities (fitness rooms, lockers, showers, saunas — when allowed and safe)
and a nursing room for new mother business leaders.
• Tenant-provided amenities in the building will include a rock climbing gym,
chiropractor, & massage therapist. 44
Community Benefits Continued
• We will also provide virtual mail services for members, tenants and others,
alleviating the traffic and parking burden at the current post office location and
the disruption coming from the Loop project.
• There will be a continued reduction in parking density from the building's gym
era when it hosted 600 members. Co-working and other tenant capacity limits
will be less than 300.
• Other than refreshed painting & signage, repaving & restriping the parking lot,
repair & renovation of the deck and creation of a larger covered bike parking
area adjacent to the front door, no external changes are planned .
• We plan to eventually install EV charging stations in the parking lot.
45
Conclusion
The 2000 rezoning erroneously swept 1230 Big Thompson into an
incompatible "A" zoning designation in direct conflict with its historical use
and hampered the property's redevelopment potential .
We request an administrative correction to the 2000 rezoning that restores
the property's original, appropriate zoning designation of "CO".
With that corrected "CO" zoning designation, the owners are ready and
able to undertake revitalization of the existing building to create a co-
working space and enhanced economic services for the Estes Park
community.
46
COVI D Post-scri pt
The injury to the Estes economy due to the SARS-CoV-2 pandemic has re-
emphasized the need for complementary non-tourism focused businesses in the
Estes Valley to help reduce the fragility inherent in economic well-being
dependent on tourist dollars. Our proposal to create a place for digital
entrepreneurs to build resilient, global businesses seems to us to be more
important than ever.
That remains our intention, but we recognize the increased difficulty in obtaining
financing for new projects at this time and may have to postpone the
redevelopment until lenders and investors are more positively inclined to
support entrepreneurial efforts. Visit Estes Park's lease terminates in July — the
corrective rezone will give us the option to seek non-government commercial
tenants and stay solvent until we can redevelop the building into flexible
47
workspace.
I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.A. ORDINANCE 10-20 REZONING, ROCKY MOUNTAIN HEALTH
CLUB, 1230 BIG THOMPSON AVENUE, ADESTES, LLC/OWNER.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
❑ Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
� Review any conditions for approval not in the staff report.
3. APPLICANT.
� The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
1
162
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
C� Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
163
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I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.B. ORDINANCE 05-20 ELKHORN LODGE PRELIMINARY
PLANNED UNIT DEVELOPMENT (PUD), 600 ELKHORN AVENUE, ZAHOUREK
CONSERVANCY, LLC, OWNER, EAST AVENUE DEVELOPMENT, LLC, A TEXAS
LLC, C/O JUSTIN MABEY, APPLICANT.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
❑ Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
� Review any conditions for approval not in the staff report.
3. APPLICANT.
❑ The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
1
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
C� Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
1
�:
TO�N oF ESTES PARI�
Memo . , . .
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, AICP, Senior Planner
Date: June 23, 2020
RE: Ordinance 05— 20, Elkhorn Lodge Preliminary Planned Unit Development
(PUD), 600 West Elkhorn Avenue, Zahourek Conservancy, LLC, Owner, East
Avenue Development, LLC, A Texas LLC, c% Justin Mabey, Applicant
(Mark all that apply)
� PUBLIC HEARING � ORDINANCE � LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION ❑ OTHER
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Conduct a public hearing to consider and make a decision on the Elkhorn Lodge Preliminary
Planned Unit Development (PUD).
Note: The public hearing may be conducted electronically. Advance registration for testifying at
the public hearing is preferred to ensure an orderly hearing. Information for participation in the
public hearing will be provided in the published agenda, which will be available at
https://estespark.colorado.qov/boardsandmeetinqs.
Present Situation:
The property contains 18.58± acres, and is located at the southeast corner of the intersection of
Elkhorn Avenue and Old Ranger Drive. The property is addressed as 600 West Elkhorn
Avenue. It is within portions of Sections 25 and 26, Township 5 North, Range 73 West of the 6tn
P.M., Town of Estes Park. See attached vicinity map.
The property is the longtime location of the historic Elkhorn Lodge, also the recent past location
of the "Lazy B" entertainment venue. Other existing uses on the property include rental cabins
and the Elkhorn Stables commercial horseback riding facility.
Proposal:
1
The proposal involves a Planned Unit Development (PUD) and a subdivision. A preliminary and
final PUD are required to be reviewed and approved, as well as a preliminary and final
subdivision. This review is the preliminary of each, with the final PUD and the final plat to follow
accordingly.
Both the preliminary PUD and plat required a review and recommendation by the Estes Valley
Planning Commission (see below), which then go on to the Town Board of Trustees, who may
take action to approve or deny. The final PUD and plat go only to the Town Board, and are not
reviewed by the Estes Valley Planning Commission (EVPC). The final PUD and plat have been
submitted, and are currently under review.
Thirteen (13) lots are proposed. The applicant's submittal provides a fairly in-depth description
of the project, and the proposed uses on each lot. Below is a basic overview of what is
proposed on each of the 13 lots:
Lot 1 — 3.291 acres. Location of an Event Center Barn.
Lot 2 —4.534 acres. Location of the Elkhorn Lodge and expansion, with cabins, a relocated
historic schoolhouse, and pool.
Lot 3— 1.026 acres. Location of the new Riverside Restaurant.
Lot 4—2.005 acres. To contain equestrian, horseback riding facilities with a new horse barn
and corral.
Lot 5—4.674 acres. Location of the new Elkhorn Suites 132 room hotel
Lot 6—0.254 acre. Location of the new Hillside restaurant and retail building.
Lot 7—0.413 acre. Location of the Coach House to be renovated into a restaurant and
distillery.
Lot 8—0.472 acre. Location of existing church, to be renovated and used as wedding facility.
Lot 9—0.379 acre. Location of existing rental cabin, to remain.
Lot 10— 0.276 acre. Location of existing rental cabin, to remain.
Lot 11 — 0.583 acre. Location of existing rental cabin, to remain.
Lot 12— 0.351 acre. Location of existing rental cabin, to remain.
Lot 13— 0.348 acre. Location of existing rental cabin, to remain.
PUD Review, EVDC Chapter 9 PUDs
Since adoption of the Estes Valley Development Code (EVDC) in 2000, there have been very
few PUDs proposed or approved in the Estes Valley. Staff is aware of only two or three having
been processed in the last 20+ years.
Below is a general overview of the PUD Chapter of the EVDC (Chapter 9):
PUDs are encouraged in the Estes Valley to provide for innovations in commercial and
residential development, to provide a variety in type, design, and layout of buildings, and
provide a process that can relate type, design and layout of development to a particular site.
PUDs are allowed only in the CO (Outlying Commercial) Zone District, as a Mixed-Use PUD
overlay. The uses allowed, other than the CO uses, are limited to residential uses and
accommodation uses.
The PUD Chapter's Section 9.3.D. Applicable Development Standards, 1. states, "Yard, bulk
and dimensional requirement set forth in Chapter 4, including but not limited to minimum lot
area, shall not apply to interior lots or building sites within a PUD that do not abut land uses
2
located outside the PUD development parcel." Yard pertains to area between property lines
and buildings, specifying minimum setbacks to property lines. Bulk generally relates to sizing,
volume, area, and height of structures on a given parcel. In general terms, the purpose of a
PUD is for flexibility in proposed uses and in zoning standards such as setbacks, height, lot
area, etc. These often can differ in different areas within a given PUD.
The PUD Chapter's Section 9.3.D.2., All Other Zoning Requirements, also provides flexibility.
Under that Section, "all other zoning development and design standards" (other than the Yard,
Bulk and Dimensional Requirements), shall apply to PUDs "...unless otherwise specifically
exempted, modified or varied pursuant to this Chapter (Chapter 9) or to Section 3.6,
"Variances." Although it is quite open-ended to require applying "all other zoning development
and design standards" to a PUD project, this Section apparently refers to the applicable General
Development Standards under Chapter 7 of the EVDC.
Section 9.1, Purposes, under 9.1.C., states PUDs are encouraged in the Estes Valley "To
provide a process that can relate the type, design and layout of residential and commercial
development to a particular site, thereby encouraging the preservation of the site's natural
characteristics, and to encourage integrated planning in order to achieve the purposes of this
Chapter."
The EVDC also provides for flexibility in a PUD under Chapter 3. Review Procedures and
Standards, Section 3.4.D.1.e., Planned Unit Developments, Standards for Review, Preliminary
PUDs, which states, "...certain standards may be modified or varied upon a finding that the
proposed PUD incorporates creative site design such that it represents an improvement in
quality over what could have been accomplished through strict application of the otherwise
applicable district or development standards..."
EVDC Section 3.4 Planned Unit Developments
D. Standards for Review All applications for Planned Unit Developments shall
demonstrate compliance with the requirements and review standards set forth below
and in Chapter 9, "Planned Unit Developments," and with all other application
provisions of this Code.
1. Preliminary PUDs. An application for approval of a Preliminary PUD Plan, together
with submitted plans and reports, shall be reviewed for conformance with the
following standards:
a. The PUD shall be consistent with and implement the planning goals, policies and
objectives as contained in this Code and in the Comprehensive Plan;
b. Adverse impacts on adjacent properties, including but not limited to traffic, noise
and visual impacts, shall be mitigated to the maximum extent feasible;
c. The PUD shall be integrated with adjacent development through street
connections, sidewalks, trails and similar features;
d. Except as provided in Chapter 9 below, all district, development and subdivision
standards set forth in Chapters 4 (Zoning Districts), 7 (General Development
Standards) and 10 (Subdivision Standards) shall be met; and
e. As allowed in Chapter 9 below, certain standards may be modified or varied upon
a finding that the proposed PUD incorporates creative site design such that it
3
represents an improvement in quality over what could have been accomplished
through strict application of the otherwise applicable district or development
standards, including but not limited to improvements in open space provision and
access; environmental protection; tree/vegetation preservation; efficient provision
of streets, roads and other utilities and services; or choice of living and housing
environments.
Subdivision Review, EVDC Section 3.9 Subdivisions
E. Standards for Review. 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. For minor subdivisions, the EVPC shall also
find that approval will not be materially detrimental to the public welfare, injurious to
other property in the neighborhood, or in conflict with the purposes and objectives of
this Code.
Review Criteria
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. The site includes numerous existing, mature trees and shrubs. The
applicant has proposed providing 68 additional trees and 163 additional shrubs. There
are existing natural buffers (mature trees, topography, river and floodplain area), some
of which are being enhanced with new landscaping. Other areas of the site do not allow
for additional landscaping. Staff has reviewed the proposed landscaping plan and
approves the alternative proposal for locational requirements.
2. Public Trails/Sidewalks. A 10-foot wide, multi-modal path is proposed on the south
side of Elkhorn Avenue to a new Spruce Street pedestrian crossing. A new pedestrian
crossing is proposed for the new entrance at Elkhorn Avenue.
3. Utilities. The property is currently served by all utilities. Estes Park Sanitation District
has provided comments, with numerous requirements for extension and upgrade of
wastewater infrastructure for the proposed uses, as well as relocation of a line that is
currently under an existing structure.
Town of Estes Park Utilities (water, electric, broadband) has "no objection" to the
proposal, noting public utilities are required to be in approved easements.
4. Fire Protection. The Estes Valley Fire Protection District has reviewed this proposal
and has provided comments, noting District requirements for sprinklers and alarms
within some structures, access road requirements, and restaurant hood and
extinguishing systems.
5. Open Space. The EVDC's PUD regulations require 30% of the gross area to be set
aside as open space (open areas). This project proposes 41.1°/o, which well exceeds the
standard.
4
6. Stormwater, Floodplain. A Preliminary Drainage Report has been submitted and has
been reviewed by Town Public Works/Engineering, who requires "Adequate drainage
facilities and services to support the proposed development shall be available
concurrently with the impacts of such development."
The site includes significant flood plain, with Fall River located adjacent to the property,
generally to the north. A floodwall is proposed. A Preliminary Floodplain Report was
submitted. The Town Public Works Department had a hydraulic engineering consultant
review the applicant's report, and the consultant then wrote a memo with comments and
recommendations. Public Works has incorporated these comments and
recommendations in their comments for the PUD and subdivision project.
7. Parking. The project includes the appropriate amounts of required off-street parking for
the proposed uses
A total of 335 parking spaces are required for the uses within the project. The applicant
proposes 364 parking spaces. With various uses being in close proximity to others, and
the fact there are numerous individual lots, the applicant, in the Statement of Intent,
states there will be shared parking and access, which will be noted on the final
subdivision plat, which ultimately gets recorded.
8. Access. The site's primary access is from Elkhorn Avenue. This access is to be
reconstructed, and aligned to be perpendicular to Filbey Court, which is located to the
north. An existing secondary, emergency access is located to the northwest.
9. Event Facility. An "Event Center" is proposed on Lot 1, described as an "Event Center
Barn." The use is allowable as both a CO (Commercial Outlying) and as an A
(Accommodations) use. The definition of an Event Facility, from the EVDC Chapter 13,
Definitions, is as follows:
Event Facility. A building or portion of a building, outdoor area(s), and related
parking which is rented, leased, or otherwise made available for individuals or
groups to accommodate episodic or discrete functions involving participation by
multiple individuals, including but not limited to weddings, banquets,
anniversaries and other similar events. Such use may include kitchen facilities
for the preparation or catering of food, or the sale and/or serving of
appropriately permitted alcoholic beverages for on-premises consumption. Food
service shall occur only during scheduled events and shall not be open to the
general public. An event facility may be operated in conjunction with other uses,
subject to all applicable provisions of the EVDC.
10. Estes Valley Comprehensive Plan. Future Land Use Guidelines for the Downtown
Planning Sub-Area specifically identifies and categorizes the Elkhorn Lodge site as
"Commercial Downtown."
The Elkhorn Lodge property has long been considered part of Downtown Estes Park, per
the Comprehensive Plan, which originally included all properties within the now defunct
Urban Renewal District.
5
11. The site is included in the Estes Park Downtown Plan (January 2018), which identify it
as a Character Area landmark and a Community Focal Point, described as a node of
activity that contributes to the physical identity of a Character Area. This proposed PUD
project is consistent with a Key Objective in the Downtown Plan, which is to "Preserve
and enhance the Elkhorn Lodge with new uses and activities."
Recommendations for the Elkhorn Lodge Character Area in the Downtown Plan are as
follows:
The Elkhorn Lodge site (s1) should be redeveloped in a manner that celebrates
its historic significance and creates a major activity center and destination for
Character Area 1 and the Town. Housing, lodging, entertainment, retail and other
activities should be combined in a landmark project that engages the Fall River.
Access to Elkhorn Lodge should be realigned to create a perpendicular entry
across from Filbey Court. A formal intersection will create a safer environment for
vehicles and pedestrians, while also enhancing awareness and visibility of the
Lodge.
The project as proposed is consistent with these Character Area recommendations.
12. PUD Waivers and Modifications. Through the PUD process, "...certain standards may
be modified or varied..." See "EVDC Chapter 9 Planned Unit Developments," above for
more details.
The requested waivers are outlined beginning on page 7 of the applicanYs Statement of
Intent, with a detailed description and rationale for each. The requests are summarized
as follows:
1. Appendix D, highway frontage sidewalk
2. Section 4.4D.2 Main entrance of structure to face front lot line
3. Table 4.7 loading space required
4. Table 4.5 maximum building height
5. Appendix D, internal access road to be up to "street standards"
6. Appendix D, internal access road to meet slope/grade standards
7. Section 7.6.D.2., wetland disturbance, wetland area 0.06 acre in size
8. Appendix B, architectural elevations for all structures
Staff has reviewed these requests, and does not find there would be any significant
issues or negative impacts with the development if these waivers are supported. Staff
does not oppose these waivers, and notes there are provisions for such modifications
within a PUD. The Estes Valley Planning Commission did not oppose the waivers.
Some of the waivers are covered in the attached Public Works comments.
Advantaaes:
• The proposed project, as a whole, upgrades and improves a visible and vital entry to the
downtown area, while meeting many of the specific recommendations of the Estes Park
Downfown Plan.
• The proposed project retains some of the longtime uses and structures that have been
established on the historic property, while also improving the safety and aesthetics of the
site.
6
Disadvantaqe:
• Increases traffic in this area of Town.
Action Recommended:
The Planning Commission voted unanimously, 6—0, to recommend approval of the Preliminary
PUD and Preliminary plat at a special meeting on February 25, 2020. Staff recommended
approval, with one condition of approval with the PUD recommendation. The Planning
Commission included that condition (No. 1, below), with some revision, as well as three
additional conditions.
The Planning Commission recommendations are:
I. A recommendation of approval to the Town Board for the Elkhorn Lodge Preliminary
PUD according to the findings of fact recommended by staff with the following
conditions:
1) Approval of the PUD Rezoning shall also constitute an approval of the
Preliminary PUD and Development Plan, as attached to the staff report, with
no increase in the number of accommodations and resident units without a
PUD review.
2) The Developer will bear the risk of constructing improvements in the
floodplain prior to obtaining the post-construction LOMR. Should FEMA not
approve the LOMR application as submitted, the Developer will be
responsible for any redesign and reconstruction to achieve the No-Rise
condition. No Certificate of Occupancy for the Event Center Barn or the
Elkhorn Lodge addition will be issued until the Developer obtains LOMR
approval from FEMA.
3) The developer will add additional parking lot perimeter landscaping.
4) Applicant will submit an employee housing plan for permanent and seasonal
employees, per Chapter 9.1, items A and B, and the housing needs assessment
of 2016.
II. A recommendation of approval to the Town Board for the Elkhorn Lodge Preliminary
Subdivision Plat according to the findings of fact recommended by staff.
Staff findings, included in the Planning Commission's recommendations above are as follows:
1. The Preliminary PUD and Preliminary Plat are generally consistent with the goals and
policies set forth in the Estes Valley Comprehensive Plan.
2. The Preliminary PUD and Preliminary Plat are generally consistent with the goals and
policies set forth in the Estes Park Downtown Plan.
3. The Preliminary PUD and Preliminary Plat comply with applicable standards set forth in the
EVDC.
4. The Planning Commission is the recommending body, and is to forward a recommendation
on the Preliminary PUD and Preliminary Plat to the Town Board of Trustees.
5. Adequate public facilities are currently available to serve the proposed project.
7
6. This request has been submitted to all applicable reviewing agency staff for consideration
and comment. No significant issues or concerns were raised by any review agency.
Staff recommendations to Town Board are
1) Approval of the PUD Rezoning shall also constitute an approval of the Preliminary PUD
and Development Plan, as attached to the staff report, with no increase in the number of
accommodations and resident units without a PUD review.
2) The Developer will bear the risk of constructing improvements in the floodplain prior to
obtaining the post-construction LOMR. Should FEMA not approve the LOMR application
as submitted, the Developer will be responsible for any redesign and reconstruction to
achieve the No-Rise condition. No Certificate of Occupancy for the Event Center Barn
or the Elkhorn Lodge addition will be issued until the Developer obtains LOMR approval
from FEMA.
3) The developer will add additional parking lot perimeter landscaping.
Staff has concerns with Planning Commission Recommendation 4 as a mandatory condition of
approval. Although well-intended and reflecting genuine community issues and goals, the
recommendation on its face seems to overreach the scope of a single development project—
even a significant one like Elkhorn Lodge. The new Elkhorn Lodge complex will probably have a
sizeable number of employees, but requiring a housing plan that covers off-site private
properties and business operations raises concerns about the proportionality with regard to a
single development entity. The January 2016 Housing Needs Assessment for Estes Park— or a
revised and updated assessment, when that may be available — is a more appropriate
instrument to gauge housing supply and demand, taking into account business/employer
additions like the new Lodge complex.
Staff is recommending Town Board approve the Preliminary PUD and Preliminary Plat with
Planning Commission conditions 1 through 3. In staff's judgment, the subject matter in the
Commission's condition 4 is best addressed in another fashion.
Finance/Resource Impact:
None.
Level of Public Interest
Medium. Written comments have been received for this rezoning. At the Planning Commission
meeting, on February 18, 2020 (where the applications were continued to February 25), and at
the February 25 meeting, there were property owners from the Elkhorn Lodge area who raised
some concerns, primarily regarding ensuring the development was high quality, as well as
ensuring the floodplain concerns were adequately addressed. Also present at both meetings
were those who spoke in support of the project. All written comments are posted to:
www.estes.orq/currentapplications.
8
Sample Motions
1. I move to approve Ordinance 05-20 for the Elkhorn Lodge Preliminary PUD according to
findings of fact with findings and conditions of approval recommended by staff.
2. I move to deny Ordinance 05-20 for the Elkhorn Lodge Preliminary PUD finding that ...
[state findings for denial].
3. I move to continue Ordinance 05-20, for the Elkhorn Lodge Preliminary PUD to the next
regularly scheduled meeting. (State reasons for continuance.)
Attachments:
1. Ordinance 05-20
2. Vicinity Map
3. Statement of Intent
4. Application
5. Public Works Comments
6. PUD Plan Set
7. Preliminary Plat
8. Elkhorn Suites Floorplan, Rendering
9. Event Barn Facility, Floorplan
10. Riverside Restaurant, Floorplan
11. Hillside Restaurant/Retail, Floorplan
12. Coach House Restaurant, Floorplan
9
ORDINANCE NO. 05-20
APPROVING THE ELKHORN LODGE PRELIMINARY PLANNED UNIT DEVELOPMENT
(PUD), A MIXED USE PUD OVERLAY ON LAND ZONED CO (OUTLYING COMMERCIAL),
LOCATED ON A PROPERTY ADDRESSED AS 600 WEST ELKHORN AVENUE,
DESCRIBED AS BEING WITHIN PORTIONS OF SECTIONS 25 AND 26, TOWNSHIP 5
NORTH, RANGE 73 WEST OF THE 6T" P.M., TOWN OF ESTES PARK
WHEREAS, the subject property, 18.58± acres in size, is located in portions of Sections
25 and 26, Township 5 North, Range 73 West of the 6th P.M., Town of Estes Park, with the
same property also proposed to be the Elkhorn Lodge Subdivision; and
WHEREAS, the Estes Park Development Code, Chapter 9 Planned Unit Developments,
allows a Mixed-Use PUD overlay on land located in CO (Outlying Commercial) Zoning
Districts, with the uses permitted in the PUD being limited to those uses allowed in the
underlying CO zoning, Residential uses, and/or Accommodations uses; and
WHEREAS, an application for the Elkhorn Lodge Preliminary PUD has been submitted;
and
WHEREAS, the proposed Elkhorn Lodge Preliminary PUD is a Mixed-Use PUD overlay
on land located in a CO (Outlying Commercial) Zoning District, with the uses proposed limited
to those allowed in the underlying CO zoning, Residential uses, and Accommodations uses;
and
WHEREAS, the Estes Valley Planning Commission has recommended approval of the
Elkhorn Lodge Preliminary PUD; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined that the
Elkhorn Lodge Preliminary PUD complies with applicable standards set forth in the Estes Park
Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: The Elkhorn Lodge Preliminary PUD Plan and Development Plan are hereby
approved, subject to the following conditions of approval:
1) No increase in the number of accommodations or resident units shall be permitted
without a PUD review as described in the Development Code.
2) The Developer will bear the risk of constructing improvements in the floodplain prior
to obtaining the necessary post-construction letter of map revision (LOMR) from the
Federal Emergency Management Agency (FEMA). Should FEMA not approve the
LOMR application as submitted, the Developer will be responsible for any redesign
and reconstruction to achieve the No-Rise condition. No Certificate of Occupancy
10
for the Event Center Barn or the Elkhorn Lodge addition will be issued until the
Developer obtains LOMR approval from FEMA.
3) The Developer will add additional parking lot perimeter landscaping adequate, in the
Community Development Director's determination, to appropriately screen the lot
from neighboring residents.
Section 2: The land described in Exhibit A hereto is hereby designated as a PUD-M, a
Planned Mixed Use District, as an overlay to the underlying CO (Outlying Commercial) zoning
district, effective upon the approval by the Town Board of the Elkhorn Lodge Final PUD Plan
for all such land. The PUD-M designation shall lapse and become null and void if the
Preliminary PUD Plan lapses under the Development Code.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado, this day of , 2020.
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the day of , 2020 and published in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2020, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
11
EXHIBIT A
LEGAL DESCRIPTION
THE PORTIONS OF THE NE 1/4 OF THE NE 1/4 OF SECTION 26 AND THE NW 1/4 OF THE NW
1/4 OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., COUNTY OF
LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON
THE EAST LINE OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 26, FROM WHICH POINT
THE NE CORNER OF SAID SECTION 26 BEARS N 1 DEGREES 11' W A DISTANCE OF 373
FEET, AND WHICH IS THE CENTER OF THE FALL RIVER ROAD AS DESCRIBED IN THE
DESCRIPTION OF THE ELKHORN PROPERTY FOUND IN DEED RECORDED IN BOOK 696 AT
PAGE 463, LARIMER COUNTY RECORDS; THENCE WESTERLY AND NORTHWESTERLY
ALONG THE CENTERLINE OF FALL RIVER ROAD AS FOLLOWS: N 84 DEGREES 30' W, A
DISTANCE OF 321 FEET; THENCE S 88 DEGREES 03'W A DISTANCE OF 154 FEET; THENCE
S 68 DEGREES 04' W, A DISTANCE OF 311 FEET; THENCE N 84 DEGREES 26' W A DISTANCE
OF 114 FEET; THENCE LEAVING SAID ROAD, S 3 DEGREES 15'W A DISTNCE OF 877 FEET
TO A POINT ON THE SOUTH LINE OF THE NE 1/4 OF THE NE 1/4; THENCE S 89 DEGREES 47'
E A DISTNACE OF 944.9 FEET TO THE SE CORNER OF THE NE 1/4 OF THE NE 1/4; THENCE
N 1 DEGREES 11' W A DISTANCE OF 52 FEET TO THE SW CORNER OF THE PARCEL
DEEDED FROM EDWARD J. WALSH AND DE H. SIMMONS TO JAMES AND ELEANOR
HONDIUS RECORDED IN BOOK 501 AT PAGE 72, LARIMER COUNTY RECORDS; THENCE N
27 DEGREES 02' E A DISTANCE OF 235.5 FEET; THENCE N 18 DEGREES 34' E A DISTANCE
OF 71.2 FEET ALONG THE EAST LINE OF PARCEL DEEDED FROM ELIZA E. WHITEHEAD TO
MRS. ELLA JAMES RECORDED IN BOOK 77, AT PAGE 143, LARIMER COUNTY RECORDS,
SAID POINT BEING MARKED WITH A 1 INCH STEEL PIPE SET BY ORIGINAL SURVEY;
THENCE N 68 DEGREES 34' E A DISTANCE OF 82.3 FEET TO THE SW CORNER OF PARCEL
DEEDED FROM FLORA AND J.R. STANLEY TO EDNA JAMES AND A.N. MCKEIRMAN
RECORDED IN BOOK 639 AT PAGE 314; THENCE S 75 DEGREES 26' E A DISTANCE OF 273.3
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 34 FROM
WHICH POINT THE NE CORNER OF SECTION 26 BEARS N 25 DEGREES 32' W A DISTANCE
OF 1153.7 FEET; THENCE N 2 DEGREES 14' E A DISTANCE OF 207 FEET TO THE CENTER OF
FALL RIVER; THENCE WESTERLY AND NORTHWESTERLY ALONG THE CENTER OF FALL
RIVER ALONG THE FLORA AND J.R. STANLEY PARCEL DEEDED TO EDNA JAMES AND A.N.
MCKEIRMAN AND THE PARCEL DEEDED FROM FRANK W. GORE TO WILLIAN E JAMES
RECORDED IN BOOK 110 AT PAGE 302, LARIMER COUNTY RECORDS TO THE WEST LINE
OF THE NW 1/4 OF THE NW 1/4 OF SECTION 25; THENCE N 1 DEGREES 11' W A DISTANCE
OF 65 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
EXCEPT ANY PORTION THEREOF CONTAINED IN THE AMENDED PLAT OF ELKHORN CLUB
ESTATES, ACCORDING TO THE RECORDED PLAT THEREOF; EXCEPT THAT PARCEL
CONVEYED IN DEED RECORDED SEPTEMBER 16, 1936 IN BOOK 639 AT PAGE 314; EXCEPT
THAT PARCEL CONVEYED IN DEED RECORDED JULY 26, 1971 IN BOOK 1469 AT PAGE 785
EXCEPT RECORDED PLATS OF ELKHORN PLAZA LODGES CONDOMINIUMS, BUILDINGS A
AND B. EXCEPT THAT PORTION DESCRIBED IN DEED RECORDED FEBRUARY 9, 1987 AT
RECEPTION NO. 87007530 EXCEPT THOSE PARCELS DESCRIBED IN DEEDS RECORDED
AUGUST 27, 1947 IN BOOK 839 AT PAGE 334, 335 AND 338
FOR INFORMATION ONLY THE LARIMER COUNTY ASSESSOR ALSO INCLUDES IN THEIR
LEGAL A PARCEL DESCRIBED IN DEED RECORDED JANUARY 25, 1979 IN BOOK 1924 AT
PAGE 745 WHICH HAS NEVER BEEN CONVEYED TO CURRENT OWNER.
12
Attachment 2: Vicinity Map
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COLORADO
Printed:2I11I2020 S
Attachment 3: Statement of Intent
STATEMENT OF INTENT
ELKHORN LODGE P.U.D. , SUBDIVISION AND DEVELOPMENT PLAN,
Being a portion of Elkhorn Addition and a portion of the Northeast Quarter of
Section 26, and the Northwest Quarter of Section 25,
Township 5 North, Range 73 West of the 6t1i P.M.,
Town of Estes Park,
Larimer County, Colorado.
Revised 02-19-2020
Add a waiver request regarding elevations drawings for the barns and the Elkhorn
Lodge addition.
PROJECT LOCATION:
The proposed development is a major portion of the 1958 Elkhorn Addition to the Town of Estes
Park. The subject property is located south of Elkhorn Avenue at the west end of the Downtown area
of Estes Park. The property address for the existing developed parcel is 600 West Elkhorn Avenue,
Estes Park, CO This project is located within the limits of the Town of Estes Park.
OWNER:
The current owner (County records) is Zahourek Conservatory LLC. The entity under agreement to
purchase and develop this project is East Avenue Development, LLC, GO Justin Mabey.
PROJECT DESCRIPTION FOR THE ELKHORNLODGE P.U.D.:
This proposed project is presented as a Mixed Use Planned Unit Development (PUD) that is only
allowed by The Estes Valley Development Code (Code or EVDC) in the current Commercial
Outlying (CO) zoning district, for which this development is included. Accommodations uses and
residential uses are permitted uses in a Mixed Use PUD Proposal in the CO Zoning District.
One hundred and ninety seven (l97) hotel units are proposed in two main buildings on site. One is a
new l 32 Unit stand-alone hotel building and the other is an addition (36 hotel rooms) annexed to the
existing Elkhorn Lodge Building which has 29 existing hotel rooms within. While the old Elkhorn
Lodge is not on a Historic Registry, it will remain and include a majar remodeling project with the
purpose/intent of keeping that landmark present in the Estes Valley. The Developer plans to go to
great extent for this historic feature to remain, and has intentionally had the new hotel building
designed to be architecturally compatible to the old Lodge Building.
In addition to these hotel uses, there are 2 new restaurant pads being developed and one renovation of
the Coach House for restaurant use. These restaurant sites will be offered for rent ar sale to regional
or local restaurant venders. Below one of the restaurants (Hillside), there is a small retail use
proposed (2,880 s.£). The one remaining large existing histaric barn on site (which is slated for
relocation-new construction with the intent for the "skin" wood being repurposed on the new
structure) will meet Building Code and the EVDC for commercial uses including an Event Facility.
An additional (new) barn building for the continuing long standing horse operation on site is
proposed far south of the old barn site. Lastly, there is a subdivision of the property proposed to
create l3 separate lots.
14
Lot 1: This lot will contain a new 8,l 00sf Event Center Barn to replace the old barn that is being
removed from the floodplain. It is similar in size and will be used for events such as weddings,
corparate outings, Lazy-B sing-a-longs and other similar events. The old barn will be raised and
salvaged for as much material as possible to re-side the new barn and add old-time stable character to
the building. The new building is intended to look like the existing barn on the exterior. The
floorspace will be significantly different since it will be an event center now instead of a horse stable.
This use is permitted in the CO zone and will be consistent with the new Event Center code language.
Lot 2: This lot contains the existing Elkhorn Lodge and several outbuildings, mostly used for
wrangler housing and offices. The Lodge will be kept and an addition will be placed on the west
side. The addition is intended to blend with the old lodge as much as possible. The original 29 units,
ballroom, lobby, dining room and kitchen in the Lodge will be remodeled and the addition will
contain 36 new units. Three on-site cabins will be relocated to the west of the old Lodge and
remodeled for guest stay. The original Schoolhouse will be relocated as well and will be used as a
small event facility and historic tours. An outdoor pool will be located at the center of all the
structures.
Lot 3: This lot contains the original residence for the property priar to the Elkhorn Lodge being
constructed. It will be raised and a new Riverside Restaurant will be constructed in its place. The
restaurant will be approximately 6,040sf in a two story structure.
Lot 4: A new 1,800sf Horse Barn will be constructed to continue the livery stables on the property. It
will be constructed on the southwest partion of the lot with the north portion to be mostly a corral for
the horses. The building will have the same character and colors of the old barn and the new event
center, however it will be have stables and a small office and bathroom for the livery's business
operations. It will be open to the public with parking provided, however, it is anticipated that a
majority of the customers will come from this property, likely walking to the livery. This is a use
permitted by S2 in the CO zone, however since it is an existing histarical use, an S2 should not
required. The PUD has a similar review process to an S2, so it is being seen and reviewed by the
same authorities as would an S2.
Lot 5: This will be the flagship lot that will contain the new 132 unit Elkhorn Suites. There are
numerous cabins in the area, most of which will be demolished. Three of the "better" cabins will be
relocated and remodeled, as well as the Schoolhouse, on Lot 2. The suites will be a three story
building, in three sections. Each section will rise one story as the building progresses westerly to fit
the contours of the lot. A height waiver request through the PUD process is requested with this
submittal as outlined later in the requested waivers.
Lot 6: This lot will have a new building that will contain some retail space below and a new
restaurant,the Hillside Restaurant, above. The building will be roughly 5,760sf total.
Lot 7: The Coach House is the primary building on this lot and it will be remodeled in to a
Restaurant. A small addition will be added on the south for additional kitchen and storage space.
The basement is planned to be a distillery business. The building will be roughly 5,750sf total.
Lot 8: This lot contains the Old Church. It is widely believed to be the first church in Estes Park and
it will be remodeled and used for small events and weddings and historical tours, much like the
Schoolhouse that is being relocated and remodeled on Lot 2.
Lot 9-13: These ]ots will be for each of the existing "Alpine" cabins on the hill along the south side
of the property. Each of the cabins will be remodeled into single family residential structures as they
currently exist. They will primarily be rentals through the lodge business, however, in the future,
they may be sold and available for full time residential ownership.
The parking for all the commercial lots (1-8) and uses will be shared by the individual lots. There is
adequate parking distributed throughout the site on Lots 1-8 that can accommodate each of the uses in
15
full operation. The residential lots (9-13) will have their own private parking dedicated to their
individual lots. The shared parking along with access will be addressed with a note on the plat.
Maintenance will be addressed through a Property Owners Association. See the attached Preliminary
Elkhorn Lodge PUD Subdivision Plat for additional details.
The PUD process in the Estes Valley has its own specific Code section (Chapter 9) and associated
standards. The PUD process in the EVDC cites the following five (5) abbreviated purposes:
• Encourage innovations in residential and commercial development and renewal....
• Encourage more efficient use of land and public services to reflect change in technology of
land development....
� To provide a process (PUD) that can relate type, design and layout of residential and
commercial development to the particular site, thereby encouraging the preservation of the
sites natural characteristics and to encourage integrated planning...
• To provide for well located, commercial sites and well-designed residential developments
while minimizing impact on roads, streets and other transportation facilities...and,
� To conserve the value of the land.
As can be ascertained by reviewing this proposal, all five PUD, "purposes" have been adhered
to, addressed and used as guides for this design and the planned development of this site.
SITE DENSITYAND IMPERVIOUS COVERAGE:
EVDC PUD Regulation 9.3.C.3 (last sentence) states: E�c/z inclepenclently c�lcul�zec�l�rzc��re� s/z�ll
be deductecl frorn t/ze tot�l l�ncl�re� �v�il�ble for clevelopmenz zo c�ezermine zlze peri�iitzed density ori
� site.
This provision allows Lot 5, proposed at 4.674 Acres (calculated to a max of 1 l3 units with the 1,800
s.f./unit factor) to propose 132 units. In the same light, Lot 2 is proposed at only 65 units, but is
allowed 113 Accommodations units. What this allows overall to this site, is mixed use density with
numerical accountability represented by the flexibility of a PUD with clustered density. This design
allowance and concept leaves more open area around the project's perimeter and softened transition
into the neighborhood (for example the very low density along the north, south and west sides of this
development). See Density Table on Sheet 1 of 10 for more information/quantification. Please note
that a large number of Units (nearly 29 Residential Units or 146 Accommodation Units) are, "left on
the table" and not requested with this proposal. The impervious coverage limitation (65% max.) is
easily met on this development as a whole with only 36.1% proposed to be hard covered. See
Statistical Information Breakdown on Sheet 1 of 10. Additionally, the open space provided by this
development is 41.1%, 30% required by a PUD.
ADDITIONAL PROPOSED SITE CONS7RUCTION ITEMS TO NOTE:
1. A floodwall is proposed to provide ample room for the dynamic river, yet define the
floodplain on the property and to provide a hard feature limitation for floodina. The 100 year
reaulatory floodplain (using best available data) will be contained on the riverside of the wall
with free board.
2. The recent reconstruction of the river by the Estes Valley Watershed Coalition will remain
intact (even though the physical location of the river was constructed outside of the previously
modeled CHAMP floodplain).
3. Relatively minor excavation and revegetation on the south side of the river (outside the
existing actual river) is proposed to provide a "no-rise" result.
4. Given the proximity of this site and the river, no new storm water detention is proposed.
Water quality is addressed as part of the Drainage Plan and Report (attached).
16
5. The Barn will be relocated out of the floodplain and used as an Event Center Barn. This will
provide the river more capacity (the barn was included in the CHAMP river model as an
obstruction).
6. The new smaller Barn (],800 s.f.) for the continued horse riding will be located well out of the
floodplain which will improve the water quality in the river just upstream of Town.
7. The original and existing Lodge Building east of the Elkhorn Lodge will be removed and that
area will house the proposed Riverside Restaurant site.
8. The historic School House and some of the existing historic cabins will be relocated/saved.
9. The Alpine Buildings on the hill will be remodeled and saved.
]0. The Coach House will remain and be converted into a restaurant.
] 1. Main trunk utilities will be maintained and or upgraded, including a new river crossing for
sanitary sewer and appropriate easements dedicated. See below for additional detail on
separately listed utilities.
]2. The backdrop of thick trees on the hill south of the new hotel and existing Lodge will
basically remain untouched. This will protect the roof of the new hotel from extending above
the skyline or horizon when viewed from the north to the south.
]3. The main entrance on Elkhorn Avenue will be reconstructed to intersect basically
perpendicular to Elkhorn and to directly oppose Filbey Court (to the North). A westbound,
left turn lane will be constructed at the intersection with an opposing taper for the Elkhorn
Lodge and Suites.
]4. Vehicle and Pedestrian Access to and from the site will be improved. Walking to Downtown
shopping and activities will be encouraged. An off-site (south side Elkhorn Ave) 10' wide
multi-modal path is proposed Easterly to a new Pedestrian Crossing near the existing Big
Horn Restaurant (also provided will be a Ped Crossing of Elkhorn Ave at the realigned new
entrance intersection with Filbey Ct.).
HOTEL USES:
The existing and proposed hotel buildings/units "fit"the allowed Accommodations uses in a mixed
use PUD C.O. Zoning District Development. The number of hotel units proposed overall is less than
allowed for the PUD as a whole.
RES7:4 URANT USES:
The 3 Restaurant pads shown on the Development P1an are intended for use as sit down restaurants.
These "fit" the allowed uses in the underlying C.O. Zoning District and as part of the Mixed PUD
regulations. Grease Interceptors are required by the Estes Park Sanitation District Regulations and
are planned for with this Development.
COMMERCIAL USES:
The Event Center Barn, Horse Barn/Livery, Hillside Retail Space, Schoolhouse and Old Church will
be open and available to the public for events/rides. The events can be scheduled by the public at the
Event Center Barn, Schoolhouse or Old Church. Tours at the Schoolhouse and Old Church will be
available. These uses are allowed and fit in the C.O. Zoning District of the code.
SUBDIVISION PROPOSED:
The proposed subdivision allows for single family use in the Southeast corner of the property (Lots 9
through 13). Should the owner wish to sell lots in the future (although not the intent), this PUD and
Subdivision process will allow for that. Initially (upon approval), the houses on these 5 lots are
intended to be nightly rental units.
17
DOWNTOWN PLAN COMPATIBILITY.•
Below is an excerpt from the 2018 Downtown Plan:
Elkhorn Lodge
The Elkhom Lodge site(s1)should 6e redevefoped in a manner tl�t celebrates itc historic significance
and creates a major adiviry center and destination far Character Area 1 and the Town.Housing,lodging,
entertainment,retail and other activities should be combined in a landmark project that engages the
Fall Rivec Access to Elkhorn Lodge should be realigned to create a perpendicular entry across from
Filby Court.A formal intersection will create a safer environment for vehic6es and pedestnans,while also s�!'��
enhancing awareness and uisibility of t�e Lodge. a�``
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The subject property is mentioned several times in the current Downtown Plan. It is mentioned that
the Elkhorn Lodge is a "Community Anchor with historic potential". The Downtown Plan also
mentions the following relative abbreviated goals (that this project includes):
� Economic Vitality— year round economy of business.
� Maintain or gain adequate infrastructure.
• Maintain views to rivers and mountains.
• Protect Wildlife patterns and sensitive areas.
� Expand links to abutting neighborhoods.
� Maintain resilience to flooding.
� Improve safety and connectivity for peds and bikes through enhanced crossinas.
COMPREHENSIVE PLAN COMPATIBILITY.•
Here is an excerpt from the ]996 Comprehensive Plan (Area 7):
Sigrzific�rit cor�imunity l�n�r�z�rks�n�historic structures which s/aoul�be preserve�
�re loc�te��orvnzown. While co��z�nerci�l�evelopment exiszs throughout the �re�,
l�rge sc�le ret�il (or "big box") type �evelopment is encour�ge�to loc�te �z Sz�nley
Vill�ge. The Dorvnzown Pl�enning �re� is inten�e�to �evelop �s�n excizing, ryeixe�-use,
urb�n core with open sp�ce �long the rivers, �n�szruczures such�s zhe Sz�nley Hozel
provi�ing �n inzim�te, pe�estri�n sc�le.
We believe this plan does provide the basic intent of Area 7 goals; however, the Elkhorn Lodge is on
the very western fringe of Area 7 in the Comp Plan.
ACCESS AND TRAFFIC IMPACT STUDY(TI,S) SUMMARY:
Currently, the existing Lodge (600 West Elkhorn Ave) gains access from West Elkhorn Avenue.
This project proposes to re-alian the existing Eastern access onto Elkhorn Avenue to a more
perpendicular approach. This will improve driver, bicycle and pedestrian safety. The Northern
Elkhorn and current Stable Access includes a one lane concrete double T constructed bridge with
concrete abutments. This bridge has been visually examined by Van Horn Enaineering and found to
be in good shape. A Structural loading analysis is forthcoming, however, we believe it is capable of
supporting a fire truck in its current condition. This access will be gated and signed as an Emergency
Access only. A new western access to Old Ranger Road is proposed which will increase emergency
access and safety for the site and neighboring uses. The western access will not be sianed, so is
predicted to see little traffic.
18
The TIS calls for an additional left hand turn lane at the main Elkhorn Access with ]00 feet of
starage, but did not find Warrants were met for a signalized intersection to be installed. The turn lane
is shown on the proposed plans for this development.
OPEN SPA CE:
Open space is not required with CO zoned land, but it is required with the PUD as proposed. This
development provides approximately 41% open space where 30% is the Code requirement.
UTILITIES:
This property is currently serviced by all of the main utilities. The main lines will be accessible for
connection and or extension as needed to easily serve the proposed density. A brief description of
each utility and the associated changes is included:
• Sewer. Several meetings with the Estes Park Sanitation District Representatives (and even the
Sanitation Board) have been accomplished. The results of these meetings and discussions are
as follows:
o Communications continue on the agreement for the new river crossing as well as the
needed easement across the Plaza Property for the new 12" sewer main. This will
eliminate the current situation where the sewer main crosses directly under the historic
Antonio's Pizza Building (now owned by Maxwell's).
o The Sanitation District has stubbed the buried line out of the new manhole north of the
old Pizza shop, but the stub ends east of the river (a future river crossing is required).
o Minimum 8" diameter services are proposed into three locations on the proposed large
motel building. Other smaller diameter service lines are shown and outlined on Sheet
4 (Utility Plan). All new rnanholes and main lines will be installed according to EPSD
Standards and become property of the sanitation district upon successful acceptance by
them.
o Some realignment of the sewer line and an upgrade to 12" diameter sewer line
crossing the property from west to east is shown and outlined on the Utility Plan
mentioned above. It will be upgraded to the easterly side of the new Event Center
B arn
o Appropriate sewer easements will be dedicated with the Subdivision Plat.
• Water/Fire Suppression. Five new fire hydrants are proposed to be added. The current
eastern fire hydrant (near the Coach House) will be re-used with the proposed new waterline
loop that is proposed to connect to the 6" line on the property to an existing 12" main to the
East. There will also be a loop around the Elkhorn Lodge building that will service the rest of
the new buildings. Fire sprinklers are proposed for each commercial building (except the new
harse barn) with a special connection for fire department access outside each building near the
sidewalk. This includes each of the three proposed sections of the large new hotel building.
Each section of the large building is proposed to also include 2 hour automatically closing
(Mag Lock) separation doors.
� Gas. There is an existing 2" gas main crossing the property. That line currently serves the
Coach House, the existing and the old Lodge (that will be removed). The current 2" line does
not serve the existing barn. All new construction will connect to this existing 2" gas main and
no relocation of it is proposed.
� Electricity. Individual meters are proposed for each building. Currently, overhead power
comes from the north and east and will remain. A buried three phase loop is provided for
through the new construction around the south side of the large motel building on the
property. One new overhead line is proposed south of the new large hotel building, otherwise,
all new power on site will be buried as shown on the Utility Sheet (Sheet 4).
19
• Cable and Telephone. Telephone and Cable TV come into the property from the east
overhead, but wil] be buried from the Northeast corner of the Riverside Restaurant throughout
the interior of the re-developed property. A separate connection for each building is proposed
as well as individual billing.
PARKING:
This project is proposing to exceed the EVDC requirements for the associated uses and parking
numbers. In short, the Code requires 335 spaces and this plan provides 364 spaces. Parking (for all
uses) is tabulated on Sheet ] and exceeds the EVDC required minimum by ]08%.
STORMWATER:
This property is adjacent to the Fall River and generally slopes south to north toward the river. Three
proposed north outlet facing western starm water culverts daylight through the proposed river
floodwall. The east most storm water culvert outlets ar daylights into the wetland area west of the
proposed realigned main entrance-exit. A cross culvert at the new main access will allow surface
water to flow east to west and out of the sump area that currently exists. A culvert will be installed
under the access road to Old Ranger to accommodate a new public drainage study for the Elkhorn
Estates area.
Given that Fall River separates the proposed improvements from Elkhorn Avenue, storm drainage
improvements are not proposed along the south side of Elkhorn Avenue along this project's frontage.
There is little to no erosion evidence that would suggest that Curb and Gutter would be helpful along
this river frontage of the property related to erosion. We feel that sheet flow from the highway should
be allowed to flow freely in a distributed non erosive manner as it has historically. No Storm water
detention is proposed with this development; however, water quality is proposed to be addressed
through the use of relatively flat and wide grass lined swales and downstream naturally shallow flat
sheet flow areas north of the proposed riverwall. A Preliminary Drainage Report is submitted with
this application and a Final Drainage Report will be submitted later in the process as required by the
Code.
SCHED ULE:
This development is proposed as a single phased sequenced development with the desire to
commence construction in the spring of 2020 (upon Planning Commission and Town Board
approvals). The owner would like to build everything right away, however due to floodplain issues,
some things have to occur in a specific order. Building permits will be applied for sequentially,
starting with the Elkhorn Suites, Elkhorn Lodge remodel and the new Horse Barn while the floodwall
is being built. With the horse stalls up and running in their new location, the Hillside
Retail/Restaurant, Coach House Restaurant and building relocations will be done. Once the floodwall
construction and floodplain re-alignment is approved through FEMA via the LOMR process, the new
Event Center Barn, Elkhorn Lodge addition and Riverside Restaurant construction will commence.
As contractars are available, Alpine units will be remodeled one by one.
REQUESTED WAIVERS (and related notes):
l. Highway Frontage Sidewalk, Appendix D Typical Street Section (with Curb and Gutter). As
mentioned within, no curb and gutter, sidewalk ar street widening is proposed along
Elkhorn Avenue north of the river adjacent to this proposed development and along Old
Ranger Rd.
20
a. This project does not propose an Elkhorn Avenue/Old Ranger Rd frontage sidewalk
adjacent to the project west of the new main entrance. In lieu of this typical standard
requirement, the project proposes to provide a 10' wide concrete multi-modal path
along Elkhorn including the south side of the new entrance and eastward toward a
Pedestrian Crossing near the Bighorn Restaurant and connect the sidewalk to Mrs.
Walsh's Garden. A new Pedestrian Crossing is also proposed at the new main
entrance across Elkhorn Avenue.
b. EVDC Appendix D-5 allows the location of sidewalks on a property to be determined
in a case-by-case basis.
c. This highway frontage sidewalk `waiver' is felt reasonable given there is a relatively
new and wide concrete sidewalk on the north side of Elkhorn Avenue in this area and
no sidewalk along Elkhorn Avenue to the east. At one location the river is very close
to the south edge of the existing road, and any widening would impact the river there.
This project is proposing improvements to the east instead due to the volume of
pedestrian traffic that will be heading toward town where there currently is no
sidewalk.
2. EVDC Section 4.4.D.2.a Main Entrance shall be oriented to the front lot line. The building on
Lot 6 faces south with its main entrance up higher on natural sloping ground for the
handicap access there at this building corner for the upstairs restaurant use. The handicap
space for the downstairs retail use is located lower and to the north of the building along
the street frontage.
3. EVDC Table 4.7 Loading space requirements. No loading spaces are proposed with this
development. The Developer's experience is that very early morning deliveries are made
in front of to the side of restaurants and/or hotel and this is a common and acceptable
method of supply delivery with minimal guest interference.
4. EVDC Table 4-5 Max Building Height. The Elkhorn Suites building will be up to 38' tall and
will need a waiver from the EVDC through the PUD section of the code. The building is
built against a hillside that shields it from any properties to the south. It is blended into
the contours of the property against the hillside. The only buildings behind it are existing
residential structures on this property. The adjacent property has a house relatively close
to this property, but it is roubhly 60' higher in elevation than the proposed Suites.
5. EVDC Appendix D.III.B.6.d The road that accesses the Alpine Lots 9-13 must be built to
street standards if it serves more than four residential units. We request that this be kept
as a driveway, paved to 20', with no sidewalk, curb and gutter, and curvilinear
requirements. The area is quite steep, rocky and tree'd with little room for parking spaces
let alone sidewalks, curb and gutter. It is desired by the applicant to keep the area as
similar to the feel it currently has. We propose that the driveway have curb and gutter up
to the parking area for the Old Church, but be a driveway beyond the entrance to the Old
Church parking area. We will make a 20' wide paved drive following the existing
driveway.
6. EVDC Appendix D.III.B.4.a.1 The driveway serving Lots 8-13 is designed at 14.7% grade to
match the existing drive. It is proposed to be widened from l4' to 20' in width and will
include roadside drainage. Code maximum is 12% and Code width is 20' minimum. The
slope of the hill is approximately 20% and there is not enough room to redesign the road
to meet the grade requirements without clearing many trees on the hillside and creating
substantial cuts and fills. It is desired by the applicant to keep the area as similar to the
feel it currently has. It would maintain as much of the screening for the property to the
south as well.
21
7. EVDC Section 7.6.D.2 Wetland disturbance at the new entrance—exit is proposed at only 2475
s.f. (0.06 Acres). We have worked with Darcy Tiglas for wetland identification. Her
letter calls this area Sampling Point B and it is determined to be a wetland. Given the
small size of this impact (less than 0.l acres), disturbance is allowed without a permit and
mitigation is not required by the US Army Corp of Engineers. A supporting document has
been provided by Darcy Tiglas to mention it is likely not even under the jurisdiction of the
US Army Corp of Engineers. Since it is allowed under applicable federal laws or
regulations, we request a waiver to disturb this small portion of wetland. The purpose of
the wetland disturbance is to re-align the current drive with Filbey Ct. This will produce
a safer perpendicular approach and intersection with West Elkhorn Ave. It is also
recommended in the 20l 8 Downtown Plan as mentioned above.
8. EVDC Appendix B.VI.A.S Architectural Elevations. Architectural Elevations were not
prepared for the Event Center Barn and the Horse Barn because this was a last minute
change to the plan before submitting. The original plan was to remodel the old barn,
however, moving it out of the floodp]ain became more important. When that decision was
made, it was decided to make two separate barns, one for events and one for the livery
operations. Architecturally, the barns are intended to look like the existing barn, so
elevations did not seem necessary since there is an example already on site. The
elevations were not prepared for the Lodge Addition either because it is intended to look
like the old lodge. This project is attempting to maintain the histarical feel and
architecture on the site.
22
a -
r '
;i,..1'�-�i��,- ` �_, ��7
, � �s���]�/�, Attachment 4: Application
���" ��ff
=¢.ri,tsi!r��r,ri�r� r
ESTES VALLEY
DEVELOPMENT APPLICATION
Subrr�ttal Date: 12/'i 8/2019
� • . . . - ' - - - • • •
r Pre�Application (check application type(s)) f" Minor Subdivision Plat f Condominium Map
r Development Plan r Amended Plat f" Pretiminary Map
r Special Review 1� 8oundary Line Adjustment !� Final Map
r Preliminary Subdivision Plat f"' Rezoning Pedtion f Supplemenlal Map
r Final Subdivision Plat IX Other. Piease specify PUD
. .
Project Name Elkhorn Suites
Project Description Redeveloam.ent of Elkhorn Loclae tfl a 205 Unit Mixed Use H otel DevPlonmen#
Project Address ����_����p
Legal Description See Plat
parce��D# 3526106001 �
. .
La��ize 18.583 acres
Existing Land Use Mixed Use Residential. Accommodation. Stable. Event and Restaurant
ProPosed �and use E�roanded Residential. Accommodation. Stable. Event and Restaurantry
Existing Water Service 6C Town r Well f None r Other(specity)
Proposed Water Service � Town f Well I'" None r Other(specify)
Existing Sanitary Sewer Service �C EPSD r UTSD r Septic r None
Proposed Sanitary Sewer Service K EPSD r UTSD r' Septic
Existing Gas Service � Xcel � Other r None
Existing Zoning C-S�Commercial OutN irtq) Proposed Zoning_C-�Commercial Outh;in�1
. . .
Name of F'rimary Contact Person Joe Coop, Van Horn Enqineerinq
Emaii ioena vanhornenaineerina
Primary Contaat Person is r Owner r Applicant IR ConsultanUEngineer
f� Statement of Intent � Digital copies emai e to p anning es es.org
r 3 copies, 24"x 36"(folded) of plaUplans � Application Fee
� 1 copy, 11"X 17"reduced set of plat/plans r
Refer to the Estes Valley Development Code Appendix B for application submittal requirements.
Tow�of Estes Park�P.O.Box 1T00 a�170 MacGregor Avenue•a+Estes Park,CO 80517
Commu�ffy Development Department
Phone:970-577-3721 •e� Emall:planning�estes.org e� www.esles.org/CommunMyDevelopment
23
1?ocuSig�s Envelope ID:B35E95iB-F970-41BF-82D6-FC105BFE8376
• • •
Record Owner(s) Z ahwrek C onsenat orv, LC, Car dZahourek. C at at
�
Mailing Address 4??5 F awn T r a il,ln�el a.nt�d $0�37 �
Phone 97Q-215-5215 �
Emai� CAROLZAH(Q7YAHOO.COM, VALZAHOUREK�GMAIL.COM
Applicant East A venuP; Develaiment, LLC_A Texas LLC
Maifing Address '�f_1f11 f:unrwcG f`r��k Rr�. �i iit� ?t�3 !
PhOne roerlar Parlr. TY 7F�.�?.'� ` �
Email JUS 1 INCC7tAS 1 AVENUE.CdM
consu�tant►Enqineer Van Hom Epgineerin� __
Mailing Address '�na� �;�.� ��,..,V � �..�.,.� o,..►.'r+n Qn��� �
���re . � ��� �.� .rn � ���ca ■ a�r� vv uieu .
Phone Q?f1-r'�+S?��R�f�R i
Email InP_.C�VaCIF10�I�Pf1f]ITIP_,P_.t'It1tJ.COCY1 �
MINERAL RIGHT CERTIFICATION
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for�evelopment Plans,Special Reviews,Rezoning,
Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot,and Prefiminary 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. 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 PRlNT.�
Applicant PLEASE PRINT.•EaSt AV2nU2 DeVelOpm2nt
Signatures: Docu8lqmd bY: S nsd by: DocuSlpned hy:
�G�[AUY�.�c CD1A,�Y�f��� Q /l„�,„� �,ti.�r---• 12/18/2019
Record Owner 1 �"`""'" „ , Date
r `--ese4ce�cF�wea. ���awarat��i�r
Applicant ��y����/"'� Date 12-14-19
� �OWNER 8 APPLICANT CERTIFICATION
� As Owner,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and I am the record owner
ofthe property.
► As Applicant,I certify the information and exhibits herewith submitted are true and correct to the best of my knowledge and in filing the
application I am acting with the knowledge and consent of the record owner(s)of the property.
� I grant permission for Town of Estes Park employees,reviewing agency staff,Planning Commissioners,members of the Town Board of
Trustees,or Larimer County Commissioners with proper identification access to my property during the review of this application.
� I acknowledge I have received the Estes Valley Development Review Application Schedule and am aware that failure to meet the deadNnes
shown on said schedule may result in my application beying delayed or any approval of my application becoming null and void.
Names:
Record Owner PLEASE PRINT.�
Applicant PLEASE PRINT.•EaSt AV@I1U@ D@V@IOOR1@Ilt
�DocuSqn�d e�: 0 uSlpnaQ by: Decu9lpn�d by:
Signatures: �-I -� /-. S`� I
G� l.� ��, Q �� �,tilr ��"'�'"'` 1Z/18/2019
Record Owner ,� , , Date
/ �,, — `^,eSt3at:tilC:F33F4Et7-- ��IA1N048F4E7L:IAF,., -
Applicant G�-����"/ Date 12-14-19
i _,�-
24
Attachment 5: Elkhorn Lodge -Public Works Comments
Town of Estes Park
Public Works Engineering Development Review
Project: Elkhorn Lodge Preliminary Plat and PUD
February 12, 2020 (Revised February 17, 2020) — Round 2 Comments
Summary
This revie�� by Public Vv'orks is based on plans and documents submitted to the Tou-n in December
2019. Submittals referenced for this revieu- include:
Preliminary Drainage Report (12/18/19; Revised 2/12/20)
Preliminary Floodplain Model (12/18/19; Revised 2/12/20)
Electronic data files on 8GB flash drive for flood analysis model
Traffic Impact Study (12/18/19)
Preliminary Elkhorn Lodge Subdivision dra��ing— 1 sheet (12/18/19; Re�-ised 2/14/20)
Elkhorn Lodge P.U.D. drau�ings — 8 sheets (12/18/19; Revised 2/14/20)
Statement of Intent (12/18/19; Revised 2/13/20)
Public Works (PW) does not oppose the continued processing of the Preliminary PUD
subject to the stipulations listed below and discussed in detail herein.
1) The applicant must demonstrate that the project can meet all applicable Tou�n and Federal
regulations pertaining to floodplain development prior to approval of the Final PUD.
2) Public improvements must be financially guaranteed prior to recording the Final Plat.
3) An Improvement Agreement must be executed prior to recording the Final Plat or issuing
building or grading permits.
4) A maintenance agreement must be recorded for the shared driveu�ay at the time the Final
Plat is recorded.
Regulations and Standards
All references to the Estes Valley Development Code shall be adapted as appropriate for
applicability to this project according to To��-n of Estes Park regulations for managing the end of the
Intergovernmental Agreement (IGA) u•ith Larimer Counry beginning on April 1, 2020. Regulations
referenced for this revie�•include:
1. Estes Valley Development Code (EVDC)
a. Chapter 9— Planned Unit Developments;
b. Chapter 10— Subdivision Standards;
c. Chapter 7 — General Development Standards;
d. Appendix B. Submittal Requirements; and
e. Appendix D. Street Design and Construction Standards.
2. Estes Park Municipal Code
a. Title 12—Streets and Sideu�alks; and
b. Title 18 —Flood Damage Prevention.
25
Analvsis —Preliminary Plat
PUD Standards (Chapter 9)
,�s a 1bli�ed Use Planned Unit Development (PUD-1V�, the proposed project maintains some
historic features�vhile incorporating modern development standards and amenities. The new
Elkhorn Lodge will be anchored to downtown Estes Park via a sidewalk along W. Elkhorn Avenue
connecting the property to existing infrastructure.
1. The purposes of a PUD (�9.1) are addressed in the Statement of Intent (SOI). The only
purpose not specifically met by the proposed project relates to benefits for "those who need
homes."
2. Proposed Lots 1, 2, and 3 are tra��ersed by the Fall Ri��er and encompass portions of the
width of the floodplain. Ideally, no buildings or vertical bank protection would occur within
these boundaries. ��s an adeisory recommendation, Public Works proposes that the entire
floodplain on the PUD properry be maintained as private open area in which nothing is built
due to its unique drainage function (�9.3 D.4.b.(2)). Nevertheless, the area governed by
floodplain regulations may be used in accordance with what the standards allow based on
appropriate analyses and design.
Subdivision Standards (Chapter 10)
The proposed PUD is laid out such that it is subdieided into lots each having one building and
shared parking to support it (except for the�lpine buildings).
1. The layout of lots and driveways on the PUD shall be designed in a manner that preserves
stream corridors (�10.5 B.1.). To preserve the Fall River corridor, its path through the
Elkhorn Lodge property could be left in a natural state across the�vidth of the floodplain.
Preser�ration may still be achieved by the proposed PUD if improeement locations are
�rerified by appropriate analyses and design.
2. The installation of all public improeements required by this Code must be guaranteed before
approval of the Final Plat (�10.5 IL.1.). However, this requirement may also be satisfied by
providing a form of guarantee (�10.5 Ii.2.) before the Final Plat is Recorded.
3. The Final Plat shall not be recorded until the Improvement �lgreement (aka Development
�greement) is fully executed in accordance with �10.5 Ii.3.
4. IV o building permits shall be issued until the Improvement Agreement (aka Development
Agreement) is fully executed in aceordance with �10.5 I�.3.
General Development Standards (Chapter 7)
1. Grading or building permits will not be issued until Construction Plans are approved. Such
plans may be previously appro�red or submitted for approval in support of a permit
application (�?.2 B.1.).
2. Wetland delineation by Darcy Tiglas, proeider of ecological ser��ices, is noted on Grading
and Drainage plan (Sheet 6 of 8) in accordance with �7.6. Discussion in the SOI of wetland
2 � Elkhorn Lodge — Public Works Comme �lts 2 / 17 / 20 26
disturbance is acknou�ledged. iVfitigation for u�etland disturbance (�7.6 H.2.) may be
addressed at the time of Construction Plan review.
3. No building or grading permit shall be issued unless public facilities have been financially
secured (�7.12 C.1.).
4. Adequate stormwater drainage facilities and services to support the proposed development
shall be available concurrently with the impacts of such development. �'here multiple
building permits are to be issued for a project, 25% of the permits may be issued prior to the
installation and acceptance of the drainage facilities ((�7.12 F.2.).
5. The Traffic Impact Study substantially meets the requirements in �7.12 H. At the time of
final plat approval all necessary transportation facilities and services to meet the applicable
LOS shall be guaranteed by a development agreement that ensures they will be in place when
the impacts of the proposed development��ill occur (�7.12 H. 4.).
Submittal Requirements (Appendix B)
1. For Preliminary PUD Applications, (VI.A.), submittal requirements include:
a. All requirements for a Preliminary Subdivision Plat in Section II.C. (B.VI.A.3.).
b. Any other information deemed necessary by the Staff to make a fully informed and
deliberate decision on the application (B.VI.A.8.). For this PUD,with buildings and
improvements in the Fall River floodplain and floodu�ay, floodplain modeling and details
about FL,MA requirements are necessary.
2. As required for Preliminary Subdivision Plans (ILC.), the follo«�ing information is addressed
in the updated SOI provided on 2/12/20.
a. A schedule sho���ing the area��hich is to be disturbed during each stage (B.ILC.S.u(7)).
b. Anticipated phases (i.e., stages) of development (B.II.C.S.x.). The desire for the
developer to start construction in spring of 2020 is ackno��ledged. Grading permits for
staged areas in��hich construction plans have been finalized is the recommended path.
Street Design and Construction Standards (Appendix D)
1. Referenced standards of construction include LCUASS (D.A.) u�hich pertains to the design
and installation of the left turn lane and the street improvements associated u�ith the new
sidewalk on W. Elkhorn Ave.
2. Requests for modifications and u�ai�rers shall be submitted in u�riting. Approval shall meet
the criteria in D.I.D.1 and 2. Responses for��aiver requests pro�rided in an SOL•
a. (SOI-1.) Highway Frontage Side��alk. Request for waiver from installing sideu�alk on
`�'. Elkhorn along the property frontage, including along Old Ranger Drive, is
approved since the developer has agreed to install a 10' multi-use path between
�lkhorn Lodge and iVlrs. `Y'alsh's Garden. This trade-off advances the goals and
purposes of the Code per D.I.D.1.
b. (SOI-5.) Driveway serving six (6) single-family lots. Request for wai�rer regarding
allowing a shared driveway for more than four (4) single-family residential units
(D.III.B.6.d.) is approved. This arrangement is consistent��ith long-established
access for buildings on a hill and thus relieves practical difficulties in redeveloping
this site (D.I.D.2.).
c. (SOI-6.) Driveway slope. Request for��aiver for the slope of the regraded driveway
to be limited to a maximum of 12% (D.IILB.4.a.(1)) is approved. The existing
driveway is long-established at approximately 14.7%. This approval results in less
27
visual impact, more effective environmental or open space preservation, and relieves
practical difficulties in redeveloping this site (D.I.D.2.).
3. All drive��ays serving eight (8) or more parking spaces shall be paved and constructed
according to D.III.B.9.a. Developer agrees to pave the driveway from its beginning at Lot 6
along its entire length up to and including the parking space(s) on Lot 8.
4. Shared drive��ays require submittal of a maintenance agreement for recordation
(D.III.B.6.c.).
Streets and Side�valks (Title 12)
A ROW permit from Tou�n of Estes Park is required for work connecting to W. Elkhorn and Old
Ranger (Chapter 12.08).
Flood Damage Prevention (Title 18)
Many improvements planned for this project are adjacent to the Fall River and occur«�ithin its
Special Flood Hazard Area as determined by FEMA and the CHAMP. The Fall River floodway
contains about half the proposed vertical bank protection. A corner portion of the proposed events
center,which would be constructed on the terrace created and protected by the wall, extends into
the flood��ay. A portion of the adjacent parking lot, as well as some sidewalk and patio surfaces, are
show�n in the floodway. The Fall River floodplain contains about 160 feet of the new wall, area of
parking lot, driveway, a relocated cabin, and a small portion of the �lkhorn Lodge Addition.
Floodplain technical revie��,including modeling analysis,is being conducted through a consulting
firm: Chris Pauley, PE, CFM,�Y/ater Resources Team Manager, at Gallow�ay based in Johnstown,
CO. Galloway was provided with the Preliminary Floodplain Model document as well as the
electronic files for the floodplain model. Preliminary results from Galloway's study were made
available to To��n staff on Tuesday, 2/4/20. A technical memorandum summarizes its conclusions
about the 2D model submitted by the applicant including:
1) The model v��as examined in a��ay consistent with FEMA review practices;
2) Topographic data in the model (baseline condition) does not reflect recent
changes due to stream restoration and building removal; and
3) Replication of model results was not possible due to insufficient data.
Full evaluation of the proposed design and floodplain analysis is ongoing and��ill require additional
iterations as the design process advances. Additional floodplain evaluation and design are required as
part of revie�� for the Final PtJD.
According to the Floodplain Regulations (Chapter 18.04), a Floodplain Development Permit (FDP)
must be obtained from the Town for construction in these areas. Beyond the local standards,
interaction with State and Federal agencies will be necessary to satisfy requirements associated with
FEMA. The Elkhorn Lodge developer intends to provide a No-Rise Certification to P�Y/ and a
Letter of Map Re�rision (L(�MR) to FEMA. The Conditional Letter of Map Revision (CLOMR)
process is also available as an option for the applicant.
The developer shall submit a detailed discussion of how the regulations in Chapter 18.04 will be met
for the Final PUD. Final plat will not be recorded until the design meets all floodplain regulation
requirements.A FDP��ill also be required for the sanitary sewer crossing Fall River.
28
Preliminary Elkhorn Lodge Subdivision (Revised 2/14/20) —Supplemental Review
The following changes are acknowledged (including but not limited to):
1. Additional Town ROW noted adjacent to Old Ranger Drive for potential Stormwater
Master Plan Project FR-005-01; sanitary se��er line relocated out of new ROW.
2. Lots 8-12 renumbered and noted for access easements.
3. Property line between Lots 7 and 8 relocated.
4. Sidewalk with curb &gutter added to horse barn driveway.
Include on Final Plat:
1. Add note(s) pertaining to three waivers approved herein regarding sidewalk on W.
Elkhorn, shared driveway�, and drive��ay slope.
Elkhorn Lodge P.U.D. (Revised 2/14/20) —Supplemental Review
The following additional changes are acknowledged (including but not limited to):
1. Sheet 1. Note about access, easements, and parking for Lots 1-8.
2. Sheet 3. Note added for New Paeed Driee serving Lots 6-13; location of parking spaces
marked for Lots 12 and 13.
3. Sheet 5. Additional crosswalk and signage sho��n (see corrections belo��).
4. Sheet 6. New culeert shown for drieeway connecting to Old Ranger.
Corrections for Final PUD (Sheet 5) associated with discussion on 1/31/20:
1. Remove New Crosswalk Striping sho��n at east end of W. Elkhorn Ave. (crosswalk
between Mrs. Walsh's Garden and Big Horn Restaurant is sufficient).
2. Four pairs of crossing signs are requested (two �airs at each new crosswalk). A pair of
signs near crosswalk, and a pair of signs further out��arning drieers approaching
crosswalk. Both crosswalks in project (including main entrance crosswalk) shall have
these two pairs of signs. Esact locations TBD on Construction Plans.
3. Handicap ramp alignment on each end of main entrance crosswalk shall be as close to
perpendicular as possible. E:�act location TBD on Construction Plans.
29
Attachment 6: PUD Plan
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_ SOUTH JOROAN, UTRH 94095 TOWN CLERK MRYOR 9,TNE PROJECT IS RNTICIPATED TO BRFAK GROUND FOR CONSTftUCTION OURINC PiE SPftiNG/SUMMER GHECNtU dY:
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' RVAN MACKOWNI(,CONTACT 10.THIS DEVELOPMENTREOUIRES COMPLMNCE WRH THE INTEliNRTIONRL FlRE RND INTERNRTIONNL
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����°���m RNCINF.RRINC rF.RTIFIrATION., 11,7HI5OEVELOPMENTREOUIftES COMPLI/NCE WITH THE ESTES PRRK MUNICIPRL COOE.
■ usnc fin�s/zw�� �aTE:
12.LIMttS OF DISIURBANCE SMnLL BE DESIGNqTED IN THE FIELD PRIOR 1D COMMENCEMENT OR
O' vum�c ue�is%esn� THESE PlANS FOR ELNHORN L006E P.U.O. WERE PREPnREO BY ME,OR UNDER EXCRVRTION, GRA�ING.OR CONSTRUCTION WRH CONSIRUC110N BARRIER FENCING OR SOME OTHER 12�SB�2018
0 F Mr���� MY DIRFCT SUPEMISION,IN RCCORDANCE WITM THE RFOUIREMENTS OF THE MEiHOD nPPROVtD BV STnFF. SHEEi
__ ROAD STnNMftDS nN�THE STORMwATER OESICN STnNDAR05 FOR THE ESTES 13.STOCKPILING SNR�L NOT OCCUR OUTSIOE THE OELINERED LIMRS OF OISTURBRNCE.
D0.0o ��m ox rucui rzo oi[nsqHs VALLE�'DEVELOPIAENT CODE. 14.THIS PRELIMINRftY P.U.O.IS REPRESENTRtIONAL ONLY. IT I$NOT TO BE CONSTRUED R$R LANO
SURVEY NOF RN IMPROVEMENT SURVEY PLRT,HOWEVER, VRN HORN ENGINEERING HRS COMPLE�ED R �
�Oo.Oo) vumo w oun[o onwsuirs p�Tq SUMEY OF THE SUBJECT PROPERIV.
xo�wsM ownn[n 15.THE LOT IS CURRENTLY 20NE0 CO-COMMERCInL OUILYING.
i' r�ow/m'cmwawun[ 16.ACCESS AND PARKNG ACROSS LOTS 1-8 IN THE PUD SHnLL BE SHnREO BE7VIEEN LOTS t-8.
LONNIE n.SHELOON,PE dt PLS 26974 iHERE wILL BE n BLANNET FASEMENT nCR055 7MESE LOTS FOR 1HE nCCE55 nN0 PnRKING.
VAN HORN ENGINEERING RND SURVEYING.INC. OF
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UTILITY CONSTRUCTION NOTES
PRELIMINAR Y P. U. D. ELKHORN L OD GE 6���P�N�5 REPRESENTA.,oNA�oN�Y ANo IS NOT TO BE CON4RUE�AS A � a�
LAtJO SURVEY PIAT NOR AN IMPROVEMENT SURVEY PIAT. �a�o
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'nb COM�ANIES THE LOCATION OF THE UTILITY LINES PRIOR TO CONSTRUCTION AND TO p�
RE�OCATE THE LINES,IF DEEMED NECESSARY BY THE SEPARATE UTILITV ENTffIES. N � ���w
,__-�, �� � 3.UTILITIES ARE SCHEMAiIC. THE ACTUAL LOGTIONS SHOULD BE LOCATE�USING THE �
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Q - ,l� : � �� UTIUiV NOTIFICATION CENTER OF COLORADO AT 1-800-922-196]OR 811 PRIOR TO � p y
� y" '�r,y� pf.� ANY CONS�RUCTION OR LOCATION. a �a U�
4.ALL SERVICE UNES,UNLE55 NOTED OTHERW6E.ARE TO BE 3'SCHEDULE 40 PVC.
\I��. _�u /V �� � q,y � �' `� �' ALL SERVICE LINES SHALL BE BUPoED 2 FEEf�EEP,WITH CAUTION TAPE PLACED AT A Wz� w;��
% ��,,\ _� ' �� � / OEPTH Of ONE FOOT FftOM TRANSFORMER TO PEDESTAL TELEPHON CONOUIT(2"J AN� 3
v
I ,\ �����onu� ^'°"'� °MA / ��uw�� np-��da-w-__y_ I CABLE CONDUR(2"0 SHALL BE BUPoED WITH THE ELECTRIC CONDUIT. " �'^4"
� � � ��.�----^ ' "-� � � �� I AND UNIT N�MBE 5 ALONGBWITH THENS AfE ELECTRICAL NSPECTIONIOPRIOR TO HOOK
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S '� ��i'Z_-_\ �f` - � � I 6.FOR lINOERGR0UN0 ELECTRIC SEMICES,R WILL BE THE ELECiRICIAN'S Q �
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� cKsnrvc wmHunJ � �/- .�J� ��� ' �' pqp SCHE�ULE WITH EPL&P TO UNLOCK AND OPEN o 0
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� ,.�; . �o�mrvs avw��° +•u�pi�„� TRANSFO ME SICOR PEIDES ALSNiO THE TRANSFORME 5 R EDESTALS
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.. � .�� / � �lrt WE�^•�..-a�\ � � '.., � AD�EO TO THE PERMITS. �
'•\ ( \ � \ ``� ; 9 ALL TEMPO A V AND PERMANENT ELECTRI SERVCES WILL BE CONNECTED BY (�
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� l,~ ��J I � ! ��� \ `\ ��\�y 0 50 100 150 ��ALL SEWER SEMICES ARE TO BE 4"SDR JS WC IINLESS NOiEO OiMERWISE, �p�
��� � , �� / UNDEACPOurvD � I� � CONSTRUCTION OF MANHOLES ANO PUBUC AND PRIVATE L4TEftAL LNESN BEIWEEN
, ,,....... '..,\ � � / - BURIE�AT A MINIMUM DEPTH OF THREE FEEf.THE MINIMUM SEPA �m�
� g ��-� � _ _ _ _______ , / /' /�i 'w\ � �� �\ r\ _ _ WATERLME ANO SANITARV SEWER LINE IS 10 HORIZONTAL FEET. ' o0
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I ; .., _ / ; � � �; � � � �_ `\\ \ ,� e \ \ 3.MANHOLES THAT HAVE TO BE RAISED OR LOWERED AIUST HAVE A MIN.6"ANO MAX. ND'�
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' p � i � / �`• � � / � � \ \ � 4.MAXIMUM MSIDE DROP IN SANRARY SEWER IS 0.50 FEEf INSIDE MANHOLES. Z�m
-__ _ [ � % � � / � l I I� /� / � LOT �i �'.•.••%F• , \\`\ ` / I �`` \ ; 1 5.ANV SERVICE LME CLEANOUTS LOCATEO IN A ROA�WAY OR DRNEWAY WILL BE a ..
I 4 4.534 AC \ ��, I BROUGHT TO GRADE WITH A CAST IRON CLEANOUT COVER. y
/ / j � r \ , 6.MAIMAIN 10'HORIZONTAL MINIMUM BETWEEN WATERLINE,STORM SEWER AN� �a4
--- � - // I f �\\ y.� i�/ // r.wnruH ta'or sevuun� \ '' �� / \ \ � SANITARV SEWER LME. �� ZN'
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� ssmnc[� \ y � � �;,., /� � '+t I � ` �. 7.ALL WATERLME AND SEWERLINE CROSSINGS SHALL H4VE SLEEVING OF EITHER UTILIIY
; I' �'�� �� FOR TEN FEEr WITH SCHEDULE 40 PVC IN A HORIZONTA�OIRECTION UNLE55 THE � %
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�� � J � � S �� 3291 pC / � ����� �� �. �� ��� 8.GREASE INTERCE?TORS WIIL 8E SIZE�AT BUILDING PERMR PHASE FOR EACH ��j WwM
� { � �� �� � � 1 � /'- q BUILDING,RESPtCTIVELY. ��;% j
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' � _____ HEM'unun'GSENENt � r�zo'unum � I\ /� � \ s \ 9. A SAMPLING BASIN(INDIVIDUAL MANHOLE IN THE SERVICE LWE)WILL BE REOUIRED �� � Z~
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I _ __---�_� 2 �� l Rxs Porsnory mx i � �/ �H�NnNnOi£��wEM y �� � �\ FOR ANV�ISTILLERY,TO BE OESIGNE�AT BUIL�ING PERMIT PHlSE. �����\\\\ �.N
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� - � }' ~ �� � / �i \ I rW0 SURROUNDING MFA,rW0 iHE PRO%IMRY TO iHE FALL RIVER WERPND ARFA,AN AODIIIONPL 1W0 EVERGREEN TREES I
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' � � ' : � � \�sy �� � I �ERATELY BUfFERED WIIH NATURPL VEOETATION NO AODIil01N1 DISTRICT BUFFERINO IS N
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� � � � � � �� � � \ III � i�tTnL RE.,U 4ED�iSiR�CT BUFFER,nRTERInL�1 NEW iREES INO 14 NEW SHRUBS,NONE OF WHICH ME PUNNEO TO BE � Z/�.
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; --. - � 329i AC : i , - r � , /� /' �� PRpPOSED PPRKINC LOT CONSISIS Of 159.�55.6 SWARE fEEf.1HI5 REOUIRES 64 1REE5 M!D 128 SHRU85. �_j W,
\�� I ` .� . ___— —._� / I;� ;"-\�� '. ... '�/ % \� \� � � THE P�IACEMEHr 0 NEW U11L�fiY�IJNLS.KIANDLiHE MOVING OF ORIGINN.EBUIN�INGSETO BE KEPr,u45 NEW iREES IIND 90 NEM ����\\\� Z .io
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� , r� BUILDING VEW 9UFFE� 6 NEW[VFRGFEEN TRFES ARE PLANNCD AROUNp T�E NORTHWEST CORNCR OF i E NEW PROPOSED �\\//
�"ai _�� , �-�'-- � -� \� � �.� EVEM CENiEf?AS AVEW Bl1iFER FOR GU-�STS ANp AL50 FOR TiE NFGIAOF'N['PROPERN AT TiE NOki WEST COFNER ��� W�rn
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- -/y 7 ��.. �'�� �'._ �����` 4EMOVE�. E AST MAJOFiY OF TREES/+ND S4'RUBS ARE ON THE SOUTHERN FORiON OF THE PROPEkiY THnT 5 BEING �� � O
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,T � t�\ � / �f 4F � ` . / - � .� -� \.,, \ ..�� �.�.� . .. '.�v \\ TOTK PROPOSEO NEW TREES�fie iREES INClU01NG 2�ISiRICT BIIFFER EVERCR�I iREES.18]SHRUBS -��\\ Zc•
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_ _ ' t ' TOTAL lANO AREA=809 5 Z
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Attachment 7: Elkhorn Lodge Preliminary Subdivision Plat
CERTlFlCATE OF OWNERSHlP AND DEDlCAT/ON: m 3I;I'
PRELIMINAR Y ELKHORN L OD GE S UBDI VI SION 6T�`OP�'ORYM�R COUNIV�STATE OF�COLORADD,�BEINGSMORE P RTCIILAAR Y DE CR6E0 AS THE � ��----
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G�
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East Avenue Development is
a real estate development
firm specializing in the Our goal is to build long
hospitality and retail term relationshi s,
markets �n Colorado Texas p
� projects that enhance
and Utah . . .
commun�t�es, and
Current focus in and around
sustainable financial
National Parks! results for our partners
51
Previous Pro ' ects
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Moab, UT
Hilton Homewood Suites £t the Expedition Lodge
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Previous Pro ' ects
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Previous Pro ' ects
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SAN ANTONIO RIVER WALK - DOWNTOWN
118 Soledad Street, San Antonio, TX
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54
Wh Elkhorn Lod e?
y
• Our focus and love of National Parks
• Unique opportunity with so much historical significance
• Abi lity to revitalize an area that used to be a key part of Estes Park
• Opportunity to bring high-end hotel brand into town
• Chance to faci litate i ncredi ble new restaurants
• Make a long term impact in Estes Park at the gateway to Rocky
Mountain National Park
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What are the oals for redevelo ment?
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• Preserve the History and expand the story of Elkhorn Lodge
Historic lodge, Coach House, Church, School house
• Create a unique experience for the area
• Mixed use project with focus on hospitality, restaurants and some
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En i neeri n Hi h li hts
• New Turn Lane on Elkhorn Ave
• Flood plain - New wall - zero rise
• Preserving 4 of 5 buildings noted as historically significant
• Upgrade of existing sewer system through property
• Upgrading existing entry with paved and safer access
• Required to have 30% open space - currently have 41 %
• Required maximum lot coverage 65%, currently have 36%
• Desi red 12-24 month bui ld out of enti re project
65
Estes Park Downtown P lan
DOWNTOWN PLAN COMPATIBILITY.•
Below is an excerpt from the 2018 Downtown Plan:
Elk�arn Lad�e
Tre Elkhc�rn Lodge site (s1) should be redevelaped in a manner that celebrates ita histaric significance
and ereates a major activity �ent�r and destinatian for Character Area 1 and the Tawn. Housing, lodging,
entertainment, retail and other activities shauld k�e combin�d in a landr�a�C project that engages the
Fa�l �iver. Access to Elkharn Lodge sh+�uld kae realig�ned to create a perpendicular entry acr�ss from
Filby Court. A fQrmal intersectian wilf creat�a safer et�vironment far v�hicles and pedestrians, whil�alsr� '�"� •'�'
enhancing awareness ar�d visibil�ty of the Ladge_ , ��•�
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m�nri�r th�t celebrate� its histaric sr'gnficance
66
Q�A
67
Public Comment Received by Noon 06-23-2020
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ File_Upload
I am the owner of 550 W Elkhorn Ave Unit A4 which is one of 2 units that will be heavily impacted by the Elkhorn Lodge
development. As it currently stands,my unit's front door will face the proposed restaurant's service door. While I'm not
against the new development I do want to express a few concerns that I have in regards to my property to the board.
1. Between the condo's association property line and the restaurant's property line,what can be done about noise
mitigation coming from the restaurant?
2. I'd like to propose that the service door and dumpster area be moved or re-positioned away from the front door units of
A4 and A7. If this was one of your properties,you wouldn't care to smell trash and or cigarette smoke.
3. With the increase of car traffic,what can be done to ensure that hotel guests will not be parking in the condo's parking
lot? Can the developer install a parking lot gate with keypad that only condo owner's are able to open and close?
6/23/2020 10:01 AM Ordinance OS-20. Ryan Esch Neutral Thank you.
When this project was being considered this spring by the various committees and
boards, concurrently with the increasing threat of the Covid-19 pandemic, it was
stated by Town authorities that final consideration of the Elkhorn project would be
deferred until such time as a proper opportunity for public input was possible. It's
hard to understand how this virtual meeting fits that description.
We, Judy and I, have talked with several friends and acquaintances in town, and
most have only the vaguest knowledge of what's going on with this proposal.
Some are totally unaware. This is a significant project that involves the partial
destruction of one of the most important historical sites in Colorado. Yet, it's
barely being covered by the local press. We found no mention of the fact that the
Town Board Meeting tonight would be considering this proposal in recent issues of
either of the town newspapers. This is reminiscent of the time we encountered a
huge line at the main entrance to the Louvre. We were able to find a side entrance
with virtually no line. An English couple we had encountered in the main line
commented on the way in the side door, "This must be the best kept secret in
France." Well, I'm thinking that this proposal, and its being judged tonight, might
be the best kept secret in Colorado. That's not a good thing!
In regard to the proposal itself, we recognize that the Elkhorn property is badly in
need of attention, and has been for some time. Hopefully, the Board will cause the
developer to salvage the essential character of the lodge and the important out
buildings, the old school house, the old church, and of course, the Coach House.
We understand that this is a logical place to site a couple of restaurants. But in
regard to the restaurants, this proposal includes a new restaurant building to be
sited immediately west of the Elkhorn Plaza Lodges, two condominium buildings
constructed by a previous owner of the Elkhorn property over 50 years ago. This
proposed restaurant is sited just about as close to these condos as possible, which
will likely cause about as much disruption to our "quiet enjoyment" of our
properties as possible. IS IT REALLY NECESSARY, IN A PROJECT OF THIS
SIZE, TO JAM A DISRUPTIVE BUSINESS OPERATION UP SO CLOSE TO
LONG-STANDING RESIDENCES?
Further to the discussion of this proposed restaurant, the developer's plan sites the
TWO STORY BUILDING, WITH DECKS,just far enough north (toward the
river), that it will block our (all condo units') little peek at the Front Range. THIS
ALSO SEEMS TO BE UNNECESSARILY HARSH TREATMENT OF
ADJACENT PROPERTY OWNERS.
IN FACT, THIS PROPOSAL, IN OUR OPINION, JAMMS A LITTLE TOO
MUCH INTO THE AVAILABLE SPACE. WE SUGGEST THAT IT WOULD
BE BETTER ALL AROUND TO JUST ELIMINATE THIS RESTAURANT
BUILDING.
Lastly, and probably most importantly, the hotel, the keystone of this proposed
project. We have been unable to find out what "brand" of hotel it will be, and
suspect that information has not been divulged. THE BOARD ISN'T GOING TO
GREEN LIGHT A PROJECT LACKING THIS INFORMATION, IS IT? WE
COULD FIND OURSELVES ACROSS THE PARKING LOT FROM A MOTEL
SIX!
PLEASE DO NOT VOTE TO APPROVE THIS PROPOSAL IN ITS CURRENT
FORM!
Thanks for your consideration of the above,
Bob & Judy Ayres
550 W. Elkhorn
Some of the power utility comes in from the West and runs underground. However, the utility pole and
transformer for that restaurant appears to be sited immediately adjacent to the boundary line between
the two properties and directly in the same West sight-line from the Elkhorn Plaza Association condos.
Surely the developer could run all electrical utilities underground on the property as part of the new
development.
Thanks for your consideration of my comment.
Judy Ayres
I
E � TES �� PARlC
I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.0 RESOLUTION 18-20 ELKHORN LODGE PRELIMINARY PLAT,�
600 ELKHORN AVENUE, ZAHOUREK CONSERVANCY, LLC, OWNER, EAST
AVENUE DEVELOPMENT, LLC, A TEXAS LLC, C/O JUSTIN MABEY, APPLICANT.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
� Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
❑ Review any conditions for approval not in the staff report.
3. APPLICANT.
❑ The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
1
167
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
C� Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
168
i
Y
T��N oF ESTES PARI
Memo • � - - • � -
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Jeffrey Woeber, Senior Planner
Date: June 23, 2020
RE: Resolution 18— 20, Elkhorn Lodge Preliminary Subdivision Plat, 600 West
Elkhorn Avenue, Zahourek Conservancy, LLC, Owner, East Avenue
Development, LLC, A Texas LLC, c% Justin Mabey, Applicant
(Mark all that apply)
� PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Conduct a public hearing to consider and make a decision on the Elkhorn Lodge Preliminary
Subdivision Plat.
NOTE: Please refer to staff report memo for the Elkhorn Lodge Planned Unit Development
(PUD), which contains relevant information for this preliminary plat application. The PUD will be
on the Town Board agenda immediately prior to this preliminary plat.
Action Recommended:
The Estes Valley Planning Commission, at their meeting on February 25, 2020, voted to
recommend approval of the Elkhorn Lodge Preliminary Subdivision Plat.
Sample Motions:
1. I move to approve Resolution 18-20 for the Elkhorn Lodge Preliminary Plat according to
findings of fact with findings as recommended by staff.
2. I move to deny Resolution 18-20 for the Elkhorn Lodge Preliminary Plat finding that ...
[state findings for denial].
3. I move to continue Resolution 18-20, for the Elkhorn Lodge Preliminary Plat to the next
regularly scheduled meeting. (State reasons for continuance.)
Attachment:
Resolution 18-20
169
RESOLUTION 18-20
APPROVING ELKHORN LODGE PRELIMINARY SUBDIVISION PLAT
WHEREAS, an application for the Elkhorn Lodge Preliminary Subdivision Plat
was filed by East Avenue Development, LLC, a Texas limited liability company
(applicant); and
WHEREAS, the Elkhorn Lodge Preliminary Subdivision Plat proposes thirteen
(13) lots on a parcel approximately 18.58 acres in size, located within a CO (Outlying
Commercial) Zoning District, with a Mixed-Use Planned Unit Development overlay
(Elkhorn Lodge PUD) also proposed for the subject property; and
WHEREAS, the lots created by Elkhorn Lodge Subdivision Preliminary Plat are
proposed to range from 0.276 to 3.291 acres in size; and
WHEREAS, a public meeting was held before the Estes Valley Planning
Commission on February 25, 2020, at the conclusion of which the Planning Commission
voted to recommend approval of the Preliminary Subdivision Plat with the following
findings:
1. The Preliminary PUD and Preliminary Plat are generally consistent with the
goals and policies set forth in the Estes Valley Comprehensive Plan.
2. The Preliminary PUD and Preliminary Plat are generally consistent with the
goals and policies set forth in the Estes Park Downtown Plan.
3. The Preliminary PUD and Preliminary Plat comply with applicable standards
set forth in the Estes Valley Development Code...
4. The Planning Commission is the recommending body, and is to forward a
recommendation on the Preliminary PUD and Preliminary Plat to the Town
Board of Trustees.
5. Adequate public facilities are currently available to serve the proposed
project.
6. This request has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were raised
by any review agency.
WHEREAS, a public hearing, preceded by proper public notice, was held by the
Board of Trustees on February 25, 2020 and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board of Trustees has reviewed and taken administrative notice
of the recommendation of the Planning Commission and the testimony, application,
evidence, documents submitted at the hearing, and the contents of the Community
Development Director's file; and
WHEREAS, the Board of Trustees finds the applicant has complied with the
applicable requirements of the Estes Park Development Code.
170
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Elkhorn Lodge Preliminary Subdivision Plat is hereby approved.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�r�,�
Town Attorney
171
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T��N o� ESTES PARr
Memo � � �
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Duane Hudson, Finance Director
Date: June 23, 2020
RE: Resolution 39-20 Supplemental Budget Appropriations
(Mark all that apply)
❑ PUBLIC HEARING ❑ ORDINANCE ❑ LAND USE
❑ CONTRACT/AGREEMENT � RESOLUTION ❑ OTHER
QUASI-JUDICIAL ❑ YES � NO
Obiective:
Amend the budget to allow the filling of a vacant fleet mechanic position in July left
vacant through September due to COVID-19.
Present Situation:
On April 28, 2020, the Town Board reduced the 2020 operating budget in response to
anticipated revenue impacts of the COVID-19 response. One of those reductions was
deferring filling of a vacant fleet mechanic position until Sept 2020. This position has
been vacant all year and is now beginning to impact operations and the ability to
maintain and service the Town fleet of vehicles and equipment.
Nine years ago, the Fleet Division was staffed with 3.5 FTEs to maintain about 375
pieces of equipment. Since then, the number of pieces of equipment has grown to
approx. 500 which the Fleet Division has been servicing with 3 FTEs. With the
resignation of one of the mechanics in November 2019, the Fleet Division has been
operating for months with only 2 FTE's. At the same time, the equipment maintenance
demands have increased as a result of additional equipment acquisitions and increased
volume of system construction projects such as broadband construction, water line
replacements, Spring maintenance and other activities. This increased equipment
usage leads to increased maintenance and repair demands.
The Fleet Division has been managing the workload by working overtime, delaying
important preventative maintenance work, delaying annual DOT inspections, and
delaying training while prioritizing urgent repairs first. The cumulative effect of this
diminished staffing and increased work load has resulted in a substantial backlog of
incomplete repair work for our two mechanics to address as well as significantly
increasing their work pressures and stress. Equipment operators are becoming
reluctant to bring in equipment for service due to this backlog and the unavoidable
172
longer turnaround times, sometimes leading to more expensive and impactful
breakdowns.
In April, a qualified local applicant responded to the previously open hiring recruitment.
Public Works is requesting authorization to proceed in the recruitment effort with a goal
of filling the vacant position in July instead of September as currently stipulated in the
COVID-19 related budget reduction.
Proposal:
The Fleet Maintenance Fund charges other departments and funds, including the utility
funds, for repairs and maintenance work done on their vehicles and equipment, similar
to a vehicle repair shop. The Fleet Maintenance Fund estimated revenue from these
repairs and maintenance charges was not reduced in the initial round of COVID-19
budget reductions. As a result, the revenues for the Fleet Maintenance Fund operations
are still currently budgeted and left as unrestricted and unobligated fund balance in the
Fleet Maintenance Fund.
Staff is proposing that the appropriation to hire the vacant fleet mechanic position be
increased to allow for the position to be filled and the employee start in July instead of
waiting until September. This appropriation will be funded out of the Fleet Maintenance
Fund reserves without additional impact to the General Fund or other operating funds.
Fleet Maintenance Fund- $21,275 Increase
• 21,275 Authorize filling vacant mechanic position in July instead of waiting
until September 2020
Advantaqes:
• Town vehicles and equipment servicing can resume, allowing for more timely
repairs and maintenance.
• Does not impact the General Fund reserves, which are currently estimated at
20.7%.
Disadvantaqes:
• Risk that the COVID-19 revenue projections are too optimistic. Staff believes that
our revenue impacts are projected conservatively high (projected sales tax
decrease is on the high end), but this is a fluid situation. These funds would not
be available to transfer back to the General Fund if needed.
Action Recommended:
Staff recommends approval of the supplemental budget resolution as presented,
authorizing hiring the fleet mechanic in July instead of September 2020.
Finance/Resource Impact:
After reflecting these changes, the General Fund is projected to end 2020 with a 20.7%
fund balance. Each fund is expected to end with a positive fund balance as well.
173
Level of Public Interest
The level of public interest is expected to low.
Sample Motion:
I move for the approval/denial of Resolution 39-20 Supplemental Budget
Appropriations to the 2020 Budget.
Attachments:
1. Resolution 39-20 Supplemental Budget Appropriations to the 2020 Budget
2. Recap of Proposed Budget Amendments and Supporting Schedules
174
RESOLUTION 39-20
SUPPLEMENTAL BUDGET APPROPRIATIONS TO THE 2020 BUDGET
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the
2020 annual budget in accordance with the Local Government Budget Law on
November 26t", 2019; and
WHEREAS, the Town desires to fill a vacant fleet mechanic position in July
instead of later this fall as currently budgeted; and
WHEREAS, it is not only required by law, but also necessary to appropriate the
revenues provided in the budget to and for the purposes described below, so as not to
impair the operations of the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
That the appropriations be increased by $21,275 for the funds specified below
and these amounts are hereby appropriated from additional revenue or available fund
balance of each fund.
Fund Fund Name Existing Amendment Amended
# Appropriations Appropriations
� 101 � General Fund � 20,817,556 � 0 � 20,817,556 �
� 204 � Community Reinvestment Fund � 2,023,673 � 0 � 2,023,673 �
� 211 � Conservation Trust Fund � 101,678 � 0 � 101,678 �
� 220 � Larimer County Open Space Fund � 2,504,167 � 0 � 2,504,167 �
236 Emergency Response System 57,544 0 57,544
Fund
� 238 � Community Center Fund � 479,271 � 0 � 479,271 �
� 244 � Trails Fund � 1,773,917 � 0 � 1,773,917 �
� 256 � Parking Services Fund � 350,991 � 0 � 350,991 �
� 260 � Street Fund � 2,016,703 � 0 � 2,016,703 �
� 502 � Power and Communications Fund � 45,950,831 � 0 � 45,950,831 �
� 503 � Water Fund � 22,453,190 � 0 � 22,453,190 �
� 606 � Medical Insurance Fund � 2,493,000 � 0 � 2,493,000 �
� 612 � Fleet Maintenance Fund � 400,003 � 21,275 � 421,278 �
� 625 � Information Technolo�y Fund � 879,656 � 0 � 879,656 �
� 635 � Vehicle Replacement Fund � 538,904 � 0 � 538,904 �
� 645 � Risk Management Fund � 307,344 � 0 � 307,344 �
� � Total All Funds � 103,148,428 � 21,275 � 103,169,703 �
175
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
176
Attachment 2 - Recap of Proposed Budget Amendments
TOWN OF ESTES PARK
BUDGETRECAPBYFUND
FOR YEAR ENDED 12-31-2020
BAft8-FLEET MECHANIC
101 204 211 220 236 238 244 256 260
COMMUNITV [ONSERVATION LARIMER COUNTV EMERGENCV COMMUNITV PARKING SERVIGES
GENERALFUND REINVESTMENT TRUST OPENSPACE RESPONSE CENTER TRAILS FUND STREET
Revenues $13,84$590 $2,026,673 $32,300 $1,906,500 $48,177 $479,271 $1,284,981 $350,991 $1,180,251
Expenses 20,817,566 2,023,673 101,678 2,604,167 57,544 479,271 1,773,917 350,991 2,016,703
Net (6,968,966) 3,000 (69,378) (597,687) (9,387) 0 (488,936) 0 (836,452)
Estimated Beginning Fund Balance,1/1/20 11,234,832 0 92,077 704,395 90,212 23,575 758,679 0 1,244,772
Estimated Ending Fund Balance,12/31/20 $4,265,866 $3,000 $22,699 $106,728 $80,845 $23,575 $269,743 $0 $408,320
Budgeted Reserves
Thumb Open Space Reserve-Now Appropria[ed - - - - - - - - -
Pkg Garage Maint Reserve 101-1700-417-37-99 24,000 - - - - - - - -
Nonspendable Restr ponations 192,228 - - - - - - - -
Fund Balance Reserves 4,971,928 - - - - - - - -
Total Reserved Fund Balance 5,188,156 - - - - - - - -
Unreserved Budgetary Fund ealance ($922,290) $3,000 $22,699 $106,728 $80,845 $23,575 $269,743 $0 $408,320
502 503 606 612 625 635 645
POWERAND MEDICAL INFORMATION VEHICLE RISK
COMMUNICATIONS WATER INSURANCE FLEET TECHNOLOGY REPLACEMENT MANAGEMENT TOTAL
Revenues,As Amended $17,534,551 $18,210,524 $2,501,787 $502,766 $897,729 $478,889 $307,344 $61,591,324
Expenses,ASAmended 45,950,831 22,453,190 2,493,000 421,278 879,656 538,904 307,344 103,169,703
Net (28,416,280) (4,242,666) 8,787 81,488 18,073 (60,015) 0 (41,57$379)
Estimated Beginning Fund Balance,1/1/20 37,791,203 9,354,097 2,032,743 554,671 307,066 571,173 44 64,759,539
Estimated Ending Fund ealance,12/31/20 $9,374,923 $5,111,431 $2,041,530 $636,159 $325,139 $511,158 $44 $23,181,160
Budgeted Reserves
Thumb Open Space Reserve-Now Appropriated - - - - - - - -
Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 24,000
Nonspendable Restr ponations - - - - - - - 192,228
EquipmeniReserve 1,651,484 505,590 - - - 511,158 - 2,668,232
Fund Balance Reserves 4,842,979 1,250,000 956,012 42,128 200,000 - - 12,263,047
Total Reserved Fund Balance 6,494,463 1,755,590 956,012 42,128 200,000 511,158 - 15,147,507
Unreserved Budgetary Fund Balance $2,880,460 $3,355,841 $1,085,518 $594,031 $125,139 $0 $44 $8,033,653
177
TOWN OF ESTES PARK
GENERAL FUND BUDGET RESERVE RATIO
FOR YEAR ENDED 12-31-2020
BA#8- FLEET MECHANIC
Comm
Reinvestment
General Fund Fund Total
Fund Balance $4,265,866 $3,000 $4,268,866
Reserves to Exclude
Parking Garage Maintenance Reserve 24,000 24,000
Prepaids and Restricted Donations Estimate 122,000 122,000
146,000 - 146,000
Fund Balance Subject to Reserve Calculation 4,119,866 3,000 4,122,866
Total Expenditures 20,817,556 2,023,673 22,841,229
Less Transfers Out Between GF & CRF 2,016,673 - 2,016,673
Net Expenditures 18,800,883 2,023,673 20,824,556
Less Capital Expenditures
Cap Outlay- Front End Loader(Bi-annual Trade In)-Streets 20,000 20,000
Cap Outlay- Bobcat Trade Ins 2 (Annual trade in) - Parks 6,450 6,450
Cap Outlay- CIP-Town Hall VRF Phase 1 (Air Conditioners) - -
CIP - Downtown Wayfinding 2020 - -
CIP - Events Center Stall Leveling - -
Comm Dr Roundabout 864,697 864,697
Board Room AV 45,696 45,696
Total Capital to Exclude 26,450 910,393 936,843
Total Expenditures Subject to Reserve Calculation 18,774,433 1,113,280 19,887,713
Reserve Ratio 21.9% 0.3% 20.7%
178
TOWN OF ESTES PARK
SUMMARY OF ANTICIPATED REVENUE
FOR YEAR ENDED 12-31-2020
BA#8 - FLEET MECHANIC
2020
As Previously 2020
Fund/Dept Fund Name Amended Amendment Amended
101 GENERAL FUND 13,848,590 - 13,848,590
204 COMMUNITY REINVESTMENT 2,026,673 - 2,026,673
211 CONSERVATION TRUST 32,300 - 32,300
220 LARIMER COUNTY OPEN SPACE 1,906,500 - 1,906,500
236 EMERGENCY RESPONSE 48,177 - 48,177
238 COMMUNITY CENTER 479,271 - 479,271
244 TRAILS 1,284,981 - 1,284,981
256 PARKING SERVICES FUND 350,991 - 350,991
260 STREET 1,180,251 - 1,180,251
502 POWER AND COMMUNICATIONS 17,534,551 - 17,534,551
503 WATER 18,210,524 - 18,210,524
606 MEDICAL INSURANCE 2,501,787 - 2,501,787
612 FLEET 502,766 - 502,766
625 INFORMATION TECHNOLOGY 897,729 - 897,729
635 VEHICLE REPLACEMENT 478,889 - 478,889
645 RISK MANAGEMENT 307,344 - 307,344
TOTAL 61,591,324 - 61,591,324
179
TOWN OF ESTES PARK
SUMMARY OF APPROPRIATIONS
FOR YEAR ENDED 12-31-2020
BA#8- FLEET MECHANIC
2020
As Previously 2020
Fund/Dept Fund Name Amended Amendment Amended
101 GENERAL FUND
101-1100 Legislative 299,675 - 299,675
101-1190 Town Attorney'Office 338,847 - 338,847
101-1200 Judicial 77,187 - 77,187
101-1300 Town Administrator's Office 375,076 - 375,076
101-1400 Town Clerk's Office 333,056 - 333,056
101-1500 Finance 573,808 - 573,808
101-1600 Com Dev( Planning) 774,615 - 774,615
101-1700 Facilities 1,363,903 - 1,363,903
101-1800 Human Resources 283,618 - 283,618
101-1900 Community Service Grants 1,338,284 - 1,338,284
101-2100 Police-Patrol 3,831,922 - 3,831,922
101-2155 Police-Communications 961,114 - 961,114
101-2175 Police-Comm Svcs 372,388 - 372,388
101-2185 Police-Code Enforcement 163,394 - 163,394
101-2300 Building Safety Divison 644,384 - 644,384
101-2400 Engineering 413,211 - 413,211
101-2600 Visitor Center 449,421 - 449,421
101-3100 Streets 1,220,321 - 1,220,321
101-5200 Parks 1,186,325 - 1,186,325
101-5500 Special Events 1,731,208 - 1,731,208
101-5600 Transportation 1,355,856 - 1,355,856
101-5700 Museum 403,679 - 403,679
101-9000 Transfers 2,326,264 - 2,326,264
101 GENERAL FUND 20,817,556 - 20,817,556
204 COMMUNITY REINVESTMENT 2,023,673 - 2,023,673
211 CONSERVATION TRUST 101,678 - 101,678
220 LARIMER COUNTY OPEN SPACE 2,504,167 - 2,504,167
236 EMERGENCY RESPONSE 57,544 - 57,544
238 COMMUNITY CENTER 479,271 - 479,271
244 TRAILS 1,773,917 - 1,773,917
256 PARKING SERVICES FUND 350,991 - 350,991
260 STREET 2,016,703 - 2,016,703
502 POWER AND COMMUNICATIONS 45,950,831 - 45,950,831
503 WATER 22,453,190 - 22,453,190
606 MEDICAL INSURANCE 2,493,000 - 2,493,000
612 FLEET 400,003 21,275 421,278
625 INFORMATION TECHNOLOGY 879,656 - 879,656
635 VEHICLE REPLACEMENT 538,904 - 538,904
645 RISK MANAGEMENT 307,344 - 307,344
TOTAL ALL FUNDS 103,148,428 21,275 103,169,703
180
TOWN OF ESTES PARK
GENERAL FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes 9,488,616 - 9,488,616
Intergovernmental 24,675 - 24,675
Rentallncome 30,600 - 30,600
Investment Income 60,000 - 60,000
Miscellaneous 27,778 - 27,778
Transfers In 1,858,565 - 1,858,565
Departmental Revenues 2,358,356 - 2,358,356
Total Revenues 13,848,590 - 13,848,590
Legislative 299,675 - 299,675
Town Attorney's Office 338,847 - 338,847
Judicial 77,187 - 77,187
Town Administrator's Office 375,076 - 375,076
Town Clerk's Office 333,056 - 333,056
Finance 573,808 - 573,808
Planning 774,615 - 774,615
Facilities 1,363,903 - 1,363,903
Human Resources 283,618 - 283,618
Community Svcs 1,338,284 - 1,338,284
Police- Patrol 3,831,922 - 3,831,922
Police- Communications 961,114 - 961,114
Police- Comm Svc 372,388 - 372,388
Police - Code Enforcement 163,394 - 163,394
Building Safety 644,384 - 644,384
Engineering 413,211 - 413,211
Visitor Services 449,421 - 449,421
Streets and Highways 1,220,321 - 1,220,321
Parks 1,186,325 - 1,186,325
Special Events 1,731,208 - 1,731,208
Transit 1,355,856 - 1,355,856
Museum 403,679 - 403,679
Transfers Out 2,326,264 - 2,326,264
Total Expenditures 20,817,556 - 20,817,556
Net Income (Loss) (6,968,966) - (6,968,966)
Beginning Fund Balance 11,234,832 - 11,234,832
Ending Fund Balance 4,265,866 - 4,265,866
181
TOWN OF ESTES PARK
COMMUNITY REINVESTMENT FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Intergovernmental - - -
Investment Income 10,000 - 10,000
Miscellaneous - - -
Transfers In 2,016,673 - 2,016,673
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 2,026,673 - 2,026,673
Community Reinvestment Fund 153,953 - 153,953
CapitalOutlay 951,393 - 951,393
Debt Service 918,327 - 918,327
Transfers Out - - -
Rounding - - -
Total Expenditures 2,023,673 - 2,023,673
Net Income (Loss) 3,000 - 3,000
Beginning Fund Balance - - -
Ending Fund Balance 3,000 - 3,000
182
TOWN OF ESTES PARK
CONSERVATION TRUST FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Intergovernmental 32,000 - 32,000
Investment Income 300 - 300
Miscellaneous - - -
Total Revenues 32,300 - 32,300
Conservation Trust Fund 101,678 - 101,678
Rounding - - -
Total Expenditures 101,678 - 101,678
Net Income (Loss) (69,378) - (69,378)
Beginning Fund Balance 92,077 - 92,077
Ending Fund Balance 22,699 - 22,699
183
TOWN OF ESTES PARK
LARIMER COUNTY OPEN SPACE FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Intergovernmental 1,904,000 - 1,904,000
Investment Income 2,500 - 2,500
Miscellaneous - - -
Transfers In - - -
Total Revenues 1,906,500 - 1,906,500
Open Space 168,899 - 168,899
CapitalOutlay 2,335,268 - 2,335,268
Transfers Out - - -
Rounding - - -
Total Expenditures 2,504,167 - 2,504,167
Net Income (Loss) (597,667) - (597,667)
Beginning Fund Balance 704,395 - 704,395
Ending Fund Balance 106,728 - 106,728
184
TOWN OF ESTES PARK
EMERGENCY RESPONSE SYSTEM FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes 47,927 - 47,927
Investment Income 250 - 250
Miscellaneous - - -
Debt Proceeds - - -
Total Revenues 48,177 - 48,177
Emergency Response System 57,544 - 57,544
Capital Outlay - - -
Transfers Out - - -
Rounding - - -
Total Expenditures 57,544 - 57,544
Net Income (Loss) (9,367) - (9,367)
Beginning Fund Balance 90,212 - 90,212
Ending Fund Balance 80,845 - 80,845
185
TOWN OF ESTES PARK
COMMUNITY CENTER FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes 479,271 - 479,271
Intergovernmental - - -
Charges for Services - - -
Rental Income - - -
Investment Income - - -
Miscellaneous - - -
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 479,271 - 479,271
Community Center 479,271 - 479,271
Transfers Out - - -
Rounding - - -
Total Expenditures 479,271 - 479,271
Net Income (Loss) - - -
Beginning Fund Balance 23,575 - 23,575
Ending Fund Balance 23,575 - 23,575
186
TOWN OF ESTES PARK
TRAILS EXPANSION FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes 239,636 - 239,636
Intergovernmental 1,043,745 - 1,043,745
Charges for Services - - -
Rental Income - - -
Investment Income 1,600 - 1,600
Miscellaneous - - -
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 1,284,981 - 1,284,981
Trails Expansion Operations 28,919 - 28,919
Capital Outlay 1,744,998 - 1,744,998
Transfers Out - - -
Rounding - - -
Total Expenditures 1,773,917 - 1,773,917
Net Income (Loss) (488,936) - (488,936)
Beginning Fund Balance 758,679 - 758,679
Ending Fund Balance 269,743 - 269,743
187
TOWN OF ESTES PARK
PARKING SERVICES FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental 15,000 - 15,000
Charges for Services 26,400 - 26,400
Rental Income - - -
Investment Income - - -
Miscellaneous - - -
Transfers In 309,591 - 309,591
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 350,991 - 350,991
Parking Services Operations 350,991 - 350,991
Rounding - - -
Total Expenditures 350,991 - 350,991
Net Income (Loss) - - -
Beginning Fund Balance - - -
Ending Fund Balance - - -
188
TOWN OF ESTES PARK
STREET IMPROVEMENT FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes 1,150,251 - 1,150,251
Intergovernmental - - -
Charges for Services - - -
Rental Income - - -
Investment Income 30,000 - 30,000
Miscellaneous - - -
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 1,180,251 - 1,180,251
Street Improvement Operations 743,615 - 743,615
Capital Outlay 1,273,088 - 1,273,088
Transfers Out - - -
Rounding - - -
Total Expenditures 2,016,703 - 2,016,703
Net Income (Loss) (836,452) - (836,452)
Beginning Fund Balance 1,244,772 - 1,244,772
Ending Fund Balance 408,320 - 408,320
189
TOWN OF ESTES PARK
POWER AND COMMUNICATIONS FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental - - -
Charges for Services 17,332,051 - 17,332,051
Rental Income - - -
Investment Income 90,000 - 90,000
Miscellaneous 112,500 - 112,500
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 17,534,551 - 17,534,551
Source of Supply 7,983,854 - 7,983,854
Distribution 4,384,662 - 4,384,662
Customer Accounts 531,758 - 531,758
Admin & General 2,338,316 - 2,338,316
Debt Service 1,539,928 - 1,539,928
Broadband 873,370 - 873,370
CapitalOutlay 26,578,914 - 26,578,914
Transfers Out 1,720,029 - 1,720,029
Rounding - - -
Total Expenditures 45,950,831 - 45,950,831
Net Income (Loss) (28,416,280) - (28,416,280)
Beginning Fund Balance 37,791,203 - 37,791,203
Ending Fund Balance 9,374,923 - 9,374,923
190
TOWN OF ESTES PARK
WATER FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental 6,547,000 - 6,547,000
Charges for Services 5,919,274 - 5,919,274
Rental Income - - -
Investment Income 95,000 - 95,000
Miscellaneous 40,250 - 40,250
Transfers In - - -
Debt Proceeds 5,609,000 - 5,609,000
Departmental Revenues - - -
Total Revenues 18,210,524 - 18,210,524
Source of Supply 202,200 - 202,200
Purification 1,169,295 - 1,169,295
Distribution 1,934,001 - 1,934,001
CustomerAccounts 287,185 - 287,185
Admin &General 847,489 - 847,489
Debt Service 417,215 - 417,215
CapitalOutlay 17,457,269 - 17,457,269
Transfers Out 138,536 - 138,536
Rounding - - -
Total Expenditures 22,453,190 - 22,453,190
Net Income (Loss) (4,242,666) - (4,242,666)
Beginning Fund Balance 9,354,097 - 9,354,097
Ending Fund Balance 5,111,431 - 5,111,431
191
TOWN OF ESTES PARK
MEDICAL INSURANCE FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental - - -
Charges for Services 2,486,537 - 2,486,537
Rental Income - - -
Investment Income 15,000 - 15,000
Miscellaneous 250 - 250
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 2,501,787 - 2,501,787
Medical Insurance Fund Operations 2,493,000 - 2,493,000
Rounding - - -
Total Expenditures 2,493,000 - 2,493,000
Net Income (Loss) 8,787 - 8,787
Beginning Fund Balance 2,032,743 - 2,032,743
Ending Fund Balance 2,041,530 - 2,041,530
192
TOWN OF ESTES PARK
FLEET MAINTENANCE FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental - - -
Charges for Services 501,219 - 501,219
Rental Income - - -
Investment Income 1,547 - 1,547
Miscellaneous - - -
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 502,766 - 502,766
Fleet Maintenance 390,003 21,275 411,278
Capital Outlay 10,000 - 10,000
Rounding - - -
Total Expenditures 400,003 21,275 421,278
Net Income (Loss) 102,763 (21,275) 81,488
Beginning Fund Balance 554,671 - 554,671
Ending Fund Balance 657,434 (21,275) 636,159
193
TOWN OF ESTES PARK
INFORMATION SYSTEMS TECHNOLOGY FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental - - -
Charges for Services 892,729 - 892,729
Rental Income - - -
Investment Income 4,000 - 4,000
Miscellaneous 1,000 - 1,000
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 897,729 - 897,729
IT Operations 799,656 - 799,656
CapitalOutlay 80,000 - 80,000
Transfers Out - - -
Rounding - - -
Total Expenditures 879,656 - 879,656
Net Income (Loss) 18,073 - 18,073
Beginning Fund Balance 307,066 - 307,066
Ending Fund Balance 325,139 - 325,139
194
TOWN OF ESTES PARK
VEHICLE REPLACEMENT FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental - - -
Charges for Services 478,139 - 478,139
Rental Income - - -
Investment Income 750 - 750
Miscellaneous - - -
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 478,889 - 478,889
Fleet Replacement Operations - - -
CapitalOutlay 538,904 - 538,904
Transfers Out - - -
Rounding - - -
Total Expenditures 538,904 - 538,904
Net Income (Loss) (60,015) - (60,015)
Beginning Fund Balance 571,173 - 571,173
Ending Fund Balance 511,158 - 511,158
195
TOWN OF ESTES PARK
RISK MANAGEMENT FUND
SUMMARY BY DEPARTMENT
BA#8- FLEET MECHANIC
2020 Budget
As Previously 2020
Amended Amendment Amended
REVENUE
Taxes - - -
Intergovernmental - - -
Charges for Services 307,344 - 307,344
Rental Income - - -
Investment Income - - -
Miscellaneous - - -
Transfers In - - -
Debt Proceeds - - -
Departmental Revenues - - -
Total Revenues 307,344 - 307,344
Risk Management Operations 307,344 - 307,344
Rounding - - -
Total Expenditures 307,344 - 307,344
Net Income (Loss) - - -
Beginning Fund Balance 44 - 44
Ending Fund Balance 44 - 44
196
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I
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on RESOLUTION 40-20 ACTION
ITEM 2, APPEAL OF STAFF DENIAL OF A CERTIFICATE OF OCCUPANCY FOR
THE ALARADO DEVELOPMENT.
❑ At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
❑ Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
❑ Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
❑ Mayor declares the Public Hearing open.
2. STAFF REPORT.
❑ Review the staff report.
� Review any conditions for approval not in the staff report.
3. APPLICANT.
� The applicant makes their presentation.
4. PUBLIC COMMENT.
❑ Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
1
❑ The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
❑ Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
❑ Ask the Board of Trustees if there are any further questions concerning the
application.
C� Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
❑ Declare the public hearing closed.
❑ Request Board consider a motion.
7. SUGGESTED MOTION.
❑ Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
2
1
�:
TO�N oF ESTES PARI�
Memo . , . .
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Randy Hunt, Community Development Director
Date: June 23, 2020
RE: Resolution 40-20 Appeal of Staff Denial of a Certificate of Occupancy for the
Alarado Development
(Mark all that apply)
� PUBLIC HEARING ❑ ORDINANCE � LAND USE
❑ CONTRACT/AGREEMENT ❑ RESOLUTION � OTHER_Appeal
QUASI-JUDICIAL � YES ❑ NO
Obiective:
Conduct a public hearing to consider and make a decision on an appeal of staff's decision to
deny a Certificate of Occupancy (C.O.)for the Jimmy John's Gourmet Sandwiches store, within
the Alarado Business Park development at 420 Steamer Drive.
Present Situation:
[Please see Attachment 7 for a detailed timeline of the project.]
The Alarado Business Park development, at the northeast quadrant of the Steamer Drive
intersection with US 34 (Big Thompson Avenue), was applied for as a Development Plan in
June 2018. The project consists of an Urgent Care facility (EP Health) and a Jimmy John's
sandwich store on the ground floor, with a second floor consisting of multifamily apartment units
for individuals employed in the Estes Valley. Parking, landscaping, lighting, and other typical site
elements are also part of the development site. At this writing (June 2020), the site and structure
are mostly completed. The building core and shell has been permitted, inspected, and received
a C.O. Individual interior finishes for the Urgent Care and the apartments are also finished and
have received C.O.s. The Jimmy John's has requested, but not yet received, a C.O. at this time.
Prior to construction, the Estes Valley Planning Commission — designated reviewing body for a
Development Plan of this scope — held a public hearing and approved the Development Plan
with conditions on October 16, 2018. A subsequent amendment to the conditions regarding a
traffic signal at US 34 and Steamer Drive was proposed to and approved by EVPC in August
2019. The signal, its completion, and its relationship with the traffic circulation related to the
development and specifically to the Jimmy John's store, are the subject matter at issue in this
appeal.
3
An original condition of the Oct. 2018 approval by PC was installation of an additional
eastbound travel lane on US 34 in the Alarado vicinity. This condition was recommended by
Town Public Works and Community Development staff with CDOT assent, based on analysis
from the applicants' Traffic Impact Study (TIS), showing that the development in general,
including the Jimmy John's store in particular, would generate additional traffic and would
reduce projected Level of Service (LOS) at the intersection. The original TIS did not indicate that
a traffic signal was warranted at the Steamer Drive intersection; however, the additional lane on
US 34 was deemed an appropriate way to address the increased traffic impacts from the
development. Planning Commission included the added lane as a condition of approval (see
Attachment 8 — Oct. 16 Minutes.)
In summer 2019, after the Development Plan was approved and preliminary site work was
begun, the applicants provided additional TIS information. The new TIS information indicated
that warrant(s) for a new traffic signal at this location were in fact met. The applicants' team
asked that the Planning Condition's condition requiring the added travel lane be modified and
expressed interest in returning to the Planning Commission for this purpose (see Attachment 9
—Alarado Request.) Staff agreed that an amended condition providing for a traffic signal option
could go to the PC on August 20, 2019. The PC considered this matter on Aug. 20 and
approved an option to install either the new signal or add the travel lane (see Attachment 10 —
Aug. 20 Minutes.) At the PC meeting, the applicants indicated their preference was to install the
signal, and they planned to bear the entire design and construction costs of the signal.
On a separate but parallel track to the Development Plan conditions, building permits were
being applied for and received. The PC had not imposed a timeline for completing work on US
34, due in part to the fact that design of the signal and/or travel lane had not been done. Such
designs are complex and time-consuming to prepare and approved, especially for a new signal,
and a timeline is hard to predict without designs. Staff, wishing to be accommodating to an
expected new business venture (and an employee housing complex), elected to make the
timeline part of the building permit and C.O. process rather than requiring the applicants to wait
for design approval from Town and CDOT, then return to PC another time.
To this end, staff proposed — and the applicants agreed to— a series of building-permit
stipulations setting several milestones in project completion, linked to various stages in road
improvements and other requirements. Two such sets of conditions were agreed to by the
parties: one in July 2019, the other in December 2019 (see Attachment 4 —stipulations for
building permits B-11110 and B-11223.)
As pertains to this appeal, a primary focus of these conditions was that the Jimmy John's would
not received a C.O. until road improvements were installed, inspected, and accepted by the
Town and/or CDOT as applicable. The December 2019 stipulations made this C.O. explicit for
the traffic signal. That set also reaffirmed the July 2019 building-permit stipulations. The
stipulations provide that a Temporary Certificate of Occupancy (T.C.O.) could be issued for
Jimmy John's if the US 34 work were "substantially near completion" and a "clear completion
date" had been identified and agreed to by the parties.
At this time, the signal design is not yet completed, although it has been through several rounds
of review by Town staff, CDOT, and other agencies. Staff has denied the Alarado request for a
C.O., based on the stipulations in the building-permit agreements. No T.C.O. has been
"formally" requested to date, although verbal and written discussions between the applicants
and Town staff have indicated the applicants' wish to pursue the T.C.O. possibility. (I should
4
explain that the Town has never actually had a formal policy for requesting a C.O. or T.C.O.; it's
traditionally been requested through a phone call, or at most an email.) Staff has also not
agreed to grant any prospective request for a T.C.O.; again, this is based on non-compliance to
date with the stipulations.
Notwithstanding, the applicants have filed an appeal of the C.O. denial. Town Board is
authorized to hear appeals of building-permit decisions per EPMC 14.04.020 (b). The section
reads as follows:
Any person who is denied a permit by the Building Official may file an appeal with the
Board of Trustees on the basis that such refusal is not justified, is based on an
unreasonable provision of the building code or that an undue hardship would be
imposed upon the person by the strict compliance with the code. Said appeal must be in
writing and filed with the Building Official within thirty (30) days of the denial of the
permit. The Board of Trustees shall review the appeal and may uphold the decision of
the Building Official or authorize the issuance of the permit with or without conditions.
Proposal:
[Please see appeal letter from Alarado team: Attachment 5.]
In deference to the appellants' interest in making their own case as they see fit, and also to save
space in this report, staff will not repeat or summarize the appellants' positions here. Staff would
like to offer counterpoints to those positions as follows (numbers refer to pages (P.) and full
paragraphs (par.)):
• P.1, par. 2: Staff confirms that a financial security is posted with the Town for$600,000
and remains active for public infrastructure work in connection with Alarado. The majority
of this securitized amount is to ensure completion of the traffic signal and associated
roadway improvements.
• P. 2, par. 2: Staff acknowledges that there was a delay from January 2020 into February
2020 in distributing full review comments to the applicants on the first-round plans for the
traffic signal. However, the staff review cumulative response was sent to the applicants
timely— January 28 — and included a sizeable number of review comments. Information
was indicating stating that Public Works had review comments as well; however, the
comments themselves were not included. This was an oversight that wasn't rectified until
late February, and staff regrets that it didn't get rectified earlier. Nevertheless, the Jan.
28 cumulative response, which went to Van Horn Engineering and Saunders Heath (the
Alarado general contractor) was sufficient to put all on notice that Public Works did have
comments, and the existence of comments from Public Works, the Town's streets-
administration department, surely should have generated interest on Alarado's part. It is
unclear why the Alarado team did not ask about this matter for over a month. In any
case, the alleged approximately six-week delay is small in comparison to the 19-week
delay (from the Aug. 20 PC approval to the Dec. 31 first submittal) in providing signal
plans to the Town for review. Some vital elements in signal design, including phasing
and interconnect details for the signal (requested by staff in July 2019 and in writing in
Jan 2020), had not yet been submitted through May 2020.
5
• P. 2, par. 3: The appellants' characterization of the Town's counter-proposal for the
T.C.O. is generally accurate (see Attachment 11 - Recommended Conditions of T.C.O.
Approval from Staff), except that the Town did not propose or suggest that the signal
materials be "in route" before a T.C.O. is issued. Staff is aware some materials for the
signal have a long lead-time to fabricate in response to an order. The Town proposed
that the order be placed, but we have not proposed and do not propose that they be
fabricated before a T.C.O. is issued, much less shipped.
• P. 2, par. 4: See above. Additionally, staff would not agree that matters such are
"draconian." Specifically:
o The additional 35% above the EPDC amount of 115°/o covers the cost of Town
staff bidding and managing the work, a daily inspector to confirm the work is built
according to the plans and specifications (CDOT won't do this for private
development), cost of risk of inflation and increases due to remote location and
fall/winter construction, cost of potential oversights in the plans and spec, cost of
unknown conditions encountered during construction. Any excess would be fully
returned to the applicant. This is simply precautionary to protect the Town's
resources should the applicant not perform and the Town find itself in a position
to complete the work.
o The recommended conditions of T.C.O. approval from staff make allowance for
bicycle deliveries (requested by the applicant) and car deliveries until such time
as the traffic volume on US34 reaches an excessive level. If this does not
materialize, the restriction on car deliveries does not occur.
o The waiver and release of all claims is a standard element in many such
agreements.
The appeal appears to trivialize the traffic issue by focusing on number of new vehicular trips
added to the intersection. Projected increase in delay is instead the more relevant discussion
point. Trips could be the straw that breaks the camel's back, or the last strands severed before
a frayed and overloaded rope breaks. Added load is not significant until it trips an unacceptable
reaction or causes a failure. In this case, the numerical amount of new peak hour trips may be
portrayed as small, but they alter the traffic operation significantly by causing the average
motorist wait-time to increase to the point of intolerable, noncompliant delay. When that occurs,
drivers may react out of frustration and take risks which often can result in increased accidents.
The problems at the US 34/Steamer Drive intersection received considerable discussion at
Planning Commission at both hearings in 2018 and 2019, including citizen comments that
intersection traffic and delays were already frustratingly bad and would surely get worse without
measures to manage increased traffic. These are anecdotal reports, but they are strongly
backed up with data by the applicants' TIS.
Staff in Public Works and Community Development and the Planning Commission heard the
neighbor's concerns, matched them with evidence, and determined that the US 34
improvements were appropriate and needed. Staff consequently came up with the C.O. /T.C.O.
conditions noted, which were signed by Town and Alarado.
6
Staff Findings:
Staff requests that Town Board uphold our decision to deny the C.O. until the signal is complete
and accepted. Alternatively, if the Board finds that a T.C.O. is acceptable with certain
conditions, staff believes the list provided to the applicants on April 20 (Attachment 11) remains
valid and worthwhile. We believe the process and stipulations / conditions are fair to the
appellants and the public alike. Staff finds as follows:
• Staff made specific efforts to accommodate the applicants by agreeing not to require
them to return to PC a third time to modify the Development Plan with a required
timeline. (Staff had already agreed to place them on the August 20 Planning
Commission agenda on two weeks' notice.) Instead, stipulations were placed on the
building permits—the end of the process, rather than the beginning.
• The appellants have been silent on why the signal option was approved in August 2019,
yet no plans had been provided until the last day of December, 2019. (Holiday work
schedules are understandably difficult, but that only addresses one month at most.)
• No other component in the Alarado project is hampered by the Jimmy John's stipulation.
It seems unlikely that the Urgent Care is losing business because the sandwich store is
not open, for example. One could argue that the rest of Alarado should have been under
similar traffic-management stipulations. (Staff is not making that argument, and in any
case, the rest of Alarado is already up and running.)
• Most centrally: The C.O. restriction serves to limit actual impacts of the Jimmy John's
traffic to a time when the signal can accommodate it. Allowing traffic to impact the
intersection before a signal is operating — or at least very close, as in the T.C.O.
scenario — does a disservice to all, and in the worst case, leads to potentially serious
traffic-safety issues. The Traffic Impact Study provides clear evidence that the signal is
warranted and that the Jimmy John's traffic is the primary component— as
acknowledged by the applicants.
• The staff's April 20 offer of a T.C.O. with conditions was made in good faith, relies on
objective evidence linking T.C.O. conditions to conditions on the ground, is in accord
with the two sets of building-permit stipulations from 2019, and remains valid today.
Advantaaes:
• Development impacts are addressed at an appropriate point in time that is fair to the
appellants and does not do a disservice to the public.
• Aligns with the principle that signing an agreement means honoring a commitment.
Disadvantaae:
• The delay in opening Jimmy John's understandably is a delay in revenue to the
developer, and in providing another menu choice to the public in peak season.
Action Recommended:
7
Staff recommends the appeal be denied, based on staff findings as outlined herein. Should the
Town Board view a T.C.O. to be acceptable with community protections, staff recommends the
Attachment 11 list be incorporated as conditions in a T.C.O. issuance. Your draft Resolutions
include language for these outcomes.
Finance/Resource Impact:
None identified.
Level of Public Interest
Low to medium. No written comments from the public have been received for this appeal. Any
written comments are to be posted to: www.estes.ora/currentapplications.
Sample Motions
1. I move to approve Resolution 40-20-A, upholding the decision of the building official
which denied a certificate of occupancy for the Jimmy John's Gourmet Sandwiches store
within the Alarado Business Park development.
2. I move to approve Resolution 40-20-B, reversing the decision of the building official
which denied a certificate of occupancy for the Jimmy John's Gourmet Sandwiches store
within the Alarado Business Park development, and approving the application with
conditions as follows: [state conditionsJ
3. I move to approve Resolution 40-20-C, reversing the decision of the building official
which denied a certificate of occupancy for the Jimmy John's Gourmet Sandwiches store
within the Alarado Business Park development.
Attachments:
Resolution 40-20 A
Resolution 40-20 B
Resolution 40-20 C
1. B-11110 + B-11223 stipulations (executed)
2. Town Board Appeal Letter 051220
3. Revised Request for Alarado TCO - atty GMaI - 2020-04-10
4. Alarado Traffic Signal_Timeline 20200411 final
5. EVPC Minutes 2018-10-16
6. Alarado Request for Planning Commission Hearing 2019-08-08
7. EVPC Minutes 2019-08-20
8. Recommended Conditions T.C.O. from Staff 2020-04-20
8
RESOLUTION 40-20-A
A RESOLUTION UPHOLDING THE DECISION OF THE BUILDING OFFICIAL WHICH
DENIED A CERTIFICATE OF OCCUPANCY FOR THE JIMMY JOHN'S GOURMET
SANDWICHES STORE WITHIN THE ALARADO BUSINESS PARK DEVELOPMENT
WHEREAS, an application for a certificate of occupancy for the Jimmy John's
Gourmet Sandwiches store, within the Alarado Business Park development
("Application"), was reviewed by the Community Development Department and was not
approved; and
WHEREAS, the applicant has appealed that denial of a certificate of occupancy to
the Town Board under section 14.04.020(b).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Town Board may overturn the denial of the certificate of occupancy
on the basis that such denial is not justified, is based on an unreasonable provision of the
building code or that an undue hardship would be imposed upon the applicant by the strict
compliance with the code.
Section 2: The Board has considered the record before it, including evidence
presented at the appeal hearing. On the basis of this record, the Board finds that the
denial is justified, is not based on an unreasonable provision of the building code, and
that no undue hardship would be imposed upon the applicant by the strict compliance
with the code.
Section 3: Accordingly, the Board upholds the decision of the Building Official
denying the Application.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
9
Town Attorney
RESOLUTION 40-20-B
A RESOLUTION REVERSING THE DECISION OF THE BUILDING OFFICIAL WHICH
DENIED A CERTIFICATE OF OCCUPANCY FOR THE JIMMY JOHN'S GOURMET
SANDWICHES STORE WITHIN THE ALARADO BUSINESS PARK DEVELOPMENT,
AND APPROVING THE APPLICATION WITH CONDITIONS
WHEREAS, an application for a certificate of occupancy for the Jimmy John's
Gourmet Sandwiches store, within the Alarado Business Park development
("Application"), was reviewed by the Community Development Department and was not
approved; and
WHEREAS, the applicant has appealed that denial of a certificate of occupancy to
the Town Board under section 14.04.020(b).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Town Board may overturn the denial of the certificate of occupancy
on the basis that such denial is not justified, is based on an unreasonable provision of the
building code or that an undue hardship would be imposed upon the applicant by the strict
compliance with the code. The Town Board may authorize the issuance of the certificate
of occupancy with conditions.
Section 2: The Board has considered the record before it, including evidence
presented at the appeal hearing. On the basis of this record, the Board finds that the
denial is not justified, and that an undue hardship would be imposed upon the applicant
by the strict compliance with the code, so long as respective temporary and permanent
certificates of occupancy are properly conditioned.
Section 3: Accordingly, the Board reverses the decision of the Building Official
denying the Application. The Board authorizes the issuance of the certificate of
occupancy with conditions as follows:
1) [INSERT CONDITIONS]
2) ...
3) ...
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
10
ATTEST:
Town Clerk
APPROVED AS TO FORM:
�
Town Attorney
11
RESOLUTION 40-20-C
A RESOLUTION REVERSING THE DECISION OF THE BUILDING OFFICIAL WHICH
DENIED A CERTIFICATE OF OCCUPANCY FOR THE JIMMY JOHN'S GOURMET
SANDWICHES STORE WITHIN THE ALARADO BUSINESS PARK DEVELOPMENT
WHEREAS, an application for a certificate of occupancy for the Jimmy John's
Gourmet Sandwiches store, within the Alarado Business Park development
("Application"), was reviewed by the Community Development Department and was not
approved; and
WHEREAS, the applicant has appealed that denial of a certificate of occupancy to
the Town Board under section 14.04.020(b).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Town Board may overturn the denial of the certificate of occupancy
on the basis that such denial is not justified, is based on an unreasonable provision of the
building code or that an undue hardship would be imposed upon the applicant by the strict
compliance with the code.
Section 2: The Board has considered the record before it, including evidence
presented at the appeal hearing. On the basis of this record, the Board finds that the
denial is not justified, and that an undue hardship would be imposed upon the applicant
by the strict compliance with the code.
Section 3: Accordingly, the Board reverses the decision of the Building Official
denying the Application. The Board authorizes the issuance of the certificate of
occupancy without conditions.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
� 12
Town Attorney
Attachment 1
QocuSign Enve[ape[D:C5€18E695-'[7FD-4968-SA49-9258528a�F24
EXI�1l�17�� f�v accart�par�y �uifc�ing ��rrr�it �3-�1 Z 3��'
Town of Esfes Park:Stiputatiorrs appravaf jarlssuance of Building Perrnit B-13I1�,lc�cai�ion 421�Steamer
tlrive{Atarc�do Business Park:cvreJshatt permit)
Town agrees tn issu�s said b�ailding permit upan ov�ner/developer's writter�ackr�ouvledgement of anti
agreement to the following 5tipulations, in a€lditian t�satisfying all other abliga�ions fnr perrr�'st
issuance,ir►clud4n�payment c�f fees:
�. The Piannir�g Comrr►isx9on candition i€1 for Development Plan appraval (€�ct. 16, ZOiB]is
ta �e satisfied prior to,or approval and issuance af,the firs#-requestec�tenant finis}�
f�uiEding perrnit fc�r the subject structure.PC Candition#�r�atis as fallot�vs
The proposed�astl�ound Lhrough iane or►tJS 34 is subject to final approval by
Public Wnrks and C�3p1', inciuding,j]U�i�Df ItFYFI��CI�fl:�PtV3#@ L�fIVe1N�+�lil'1pdCL,
drainage analysis,and confirmafiion r�#a�prapriate lar�e length to praperly
mitigate ievel of 5ervice.
2. Securiiy(e.g.,teiter of credit� is to held E�y the Tflwt�for ihe tJ5 34 impravements refere€�c�d
a�aove far ihe duratinn of the US 34 juor[c,and is to be retained until compfetinn,inspection and
acceptance of the US 34 w�r�C.The security is ta be provided an�i acknov�ledged by the Town
�ri0t tv iss�a�ce of the first tenant finish bull[fing permit for tE�e subjeCt structuce.
3. A11 US 34 improvements are#�tse be compfeted ancE accep#ed by the appropr"sate entitY(5]
�Town,CD�7, ar both,as may be requi�ed by project prntoeo4s}t�efore a fina4 C��s issued for
the Jimrny John's facility.A T�C)rnay be avaiiab(e for th�limmy John`s fatiEity if the t15 34 wQrk
is substantiafly near campletian and a claar campieti�n date has�een identified and
aeknowledged by all �arties.
For 4he Tawn af Estes Park,CA:
��� F ����� t1n Narng
�►�lt1n'� �d���i�a►����rTitlL
� � ti
6� ~ ��-- �.Q �� ��c�
�,��Properties LLC:
� �
',�-_ r;-"� � �+a� wells Name
n[l-uo 1 n i nr)cc��oi
Partner Title
7uly 11, 2D19 � 7.:44 PM s���
�ate
13
�XHI�IT' r4 j�a a�cc�mpany Bui�dfrag �ermit B-'��223�
Town o#�sfes Park: Stipufatrons approval f4r lssuance rf 6uildrng�'ermit No. 8-�1223J
{locativn;420 Stearner Drisre-�i�a�ado Business Park:cc�r�/sh�l1 permiP}
Towrt agrees to iss�sald build't�g permii upon ownerld�velo��r's written acknawledgeme�t of
and agreement#a the follotiving stipulatians, in addition t�sa�isfying a[I other nk�ligations for
perrnit issuance, includ€r�paymenf af fees:
7. I#is acknovyledged thaf substa�tEi�1 cl�sign v+rar[c is unden+,+ay fvr th�traf�ic signalEzation project
a!fh�Intersecfion of U.S. Hwy.34(Bfg Thompson Ave.)a11d Stearner E3r_ in �stes F�ark,
inofudir��pr�liminary cosk estimates far tfre signa!and associated materials and fabar is
ur�like�y to exceed apprQx. $40C1,OC7d.
2. Alarado F'rop�rties LLC(aC3evelaper"}and the Tow+�nf�stes Park ("Tnwn")have agreed that the
sigr�alizati�n cast anci worEc will b�barne�y the Develo�er, upon appraval kay To+�vr�'s pub3'sc Works
aept, Colarado Dept. of Trar�sportation(CDOT},and ar�y other permitting�uthvri#ies. •
3. lt is acknawied��d that oth�:r infrastructure work i�or adj�cent ta the public right-of-way is afso
required c�F ttte Lleveloper in association with th�Alarado Business P�rlc proj�ct, and that th�ccsst
of such w�rk is crnlik�ly to�xce�d approx. $2��,QpO.
+�. Per discussions with 3i�e De�elpper and their design professionats,compleied and appro��:d
construcGon plans and finalized cost esiirnates are not campl�t�and unlikely fo be immedia#efy
com�lefed.
5. RpplieaTion and plans for Bui{dir�g Permii Na. B-�1223, a t�nant finish for fhe Urge�f Medic�l Car�
facility in the Alarada building, has been filad ar�d is in the latter stages of review iovvard ap�aroval;
hc�v�rever, Ehe it�ms in Stipufatipn#�{above are unlikely ta be compl�ted ant!approved�y th�time
8-91223 permit revieuvs and approvals are#inisf�ed.
6. ThereFore,the 1"o+�n and the peveloper agree that the Town wilf accept a L�iter flf Crecfit from
De�r�loper`s lender for a r�ot-to-exceed amount af$600,000, s�id securi�y lnstrumenf having be�n
provided tp tt��Town in advance o�the a�proval of construc�ian p[ans and finaf cost estirrtates fvr
th�afor�rr�entianeti infrastructure work.
7. Nathing in this�xhii�it expressly ar implicit[y alters any s�ther req�iretn�r�ts of#he Building P�rmit
review ar�d issuance process For Suilding Parmii No. 8-91223, nar any requfrement�for fuifil[ment
of ti�e Dev�lapment P�an for Alarada Business Park.
8. All sti�talatians agresd to k�y the To�+vn�rtd fhe Developer in �xhibit A to Building Permit Na.
S�1 i 11�, ex�cuted ar�July 11, 2D'!8, remein in�ffect.
�'€�r t3�e 7own of stes rk, CO: �or- I ;� o Prapertie LLG.
,f` �,
� � -- -- _Signature _..',......._ � � Signatate
��n�� t'��1� v-�.Name • _1�'�['N-�L- �7N
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��d�t1�'� tYs���"G'�c4r Tit1e
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14
Attachment 2
MARCH& OLIVE,LLC �THIJR E.MARCH
J.BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW 1908-1981
STEWART W.OLIVE 1312 S.College Avenue ARTHUR E.MARCH,7R.
FORT COLLINS,CO 80524 1933-2005
(970)482-4322 JOHN W.PHARRIS
FAX(970)482-5719 Retired-2019
May 12,2020 VIA E-MAIL &
U.S. MAIL CERTIFIED RETURN RECEIPT
Wendy Koenig, Mayor
Town of Estes Park Board of Trustees
170 MacGregor Ave.
Estes Park, CO 80517
Jackie Williamson, Town Clerk
170 MacGregor Ave.
Estes Park, CO 80517
Mayor Koenig and Town Trustees,
I am writing on behalf of Alarado Properties, LLC, (Alarado)regarding denial of a certificate of
occupancy(CO) for the newly completed Jimmy John's restaurant in the Alarado Business Park
(ABP.) The ABP project consists of a mixed-use building including a medical facility,
residential employee housing, and a Jimmy John's sandwich shop("Jimmy John's.") The
project has been under development since 2018 and has undergone extensive review and
approvals by the planning commission and Town Board. The ABP building is complete and has
passed all necessary inspections. COs have been issued for the medical facility and the
residential employee housing. The Town's staff has refused to issue a CO for the Jimmy John's.
A concern arose in the development process for the project as to the effect the project would
have on contributing to traffic in the area. On July 11, 2019 as a condition for the issuance of the
building permit, the Town required Alarado to sign an agreement that all Highway 34 road work
would be completed before a final CO would be issued for the Jimmy John's. The agreement
also provides that a TCO can be issued if the US 34 work is substantially near completion and a
clear completion date has been identified and acknowledged by all parties. The initial plan
involved the addition of a turn lane off U.S. 34, as it was noted that the project's traffic study did
not show sufficient peak traffic to require a traffic signal. (Estes Board of Trustees,July 23,
2019.) As security for compliance for the conditions in the agreement regarding the US 34 work,
Alarado provided a letter of credit to the Town in the amount of$600,000.
The 2018 Traffic Study, that was able to take into account peak season traffic, estimated that
ABP will generate at peak times as many as 35 trips per hour onto Steamer Drive from US 34
and 35 trips per hour onto US 34 from Steamer Drive. Per the study, current traffic peaks at 210
cars onto Steamer Drive and 307 onto US 34. This means peak traffic from ABP will increase by
17%onto Steamer Drive and 11%onto US 34. Of the total traffic for ABP, under full operation
15
Jimmy John's would account for approximately 66% of the site generated traffic, resulting in the
peak expected increase in traffic from the Jimmy John's to be about 20 vehicles per hour from
US 34 onto Steamer Drive and 20 vehicles per hour from Steamer Drive onto US 34.
To be forward-looking, Alarado proposed a traffic signal be substituted for the addition of a turn
lane. The proposal was approved by the Planning Commission in August, 2019. Work on the
project continued throughout the winter of 2019-2020 including the development of a design for
the traffic signal.
On January 6, 2020, the Estes Park Community Development Director distributed tfie traffic
signal plans developed for the ABP to all reviewing agencies. Comments were required to be
returned to the Director by January 17, 2020. The comments were completed and submitted to
the Director timely and included a significant number of issues that would have to be addressed.
However,the comments were not returned to the developers until February 27, 2020. The six-
week delay in the delivery of this vital information is a result of a staff inember hitting"reply
all"to the addressees on an internal town email but failing to send comments to Alarado and its
representatives. The result has been a significant delay in the approval of the design for the
traffic signal at no fault on the part of Alarado. Alarado has been diligently addressing the
comments by the Town regarding the traffic signal and is working with CDOT to obtain the
necessary permits to construct the traffic signal.
Alarado has requested that a TCO be issued for the Jimmy John's to allow it to operate during
the rapidly approaching summer high season, subject to Covid-19 orders, while work continues
on the traffic signal. The Town's sta,ff has declined Alarado's request and has instead presented
additional conditions in order for the issuance of a TCO which, within a month, will restrict
operations solely to bicycle deliveries: no take out, no drive through, and no deliveries outside of
bike range. The conditions also include the following must be met before a TCO is issued
Alarado providing a waiver and release of any claims Alarado might have against the Town; a
traffic signal design being approved by CDOT and the Town; materials for said traffic signal
being ordered and in route; and, additional security in the form of a bond for 150%of the
estimated costs.
The fact that the staff is requiring a waiver and release of all claims as a condition precedent to
the issuance of a TCO speaks volumes as to the staffl s concerns regarding the handling of the
approval process for the CO/TCO for Jimmy John's. Further, other conditions are draconian.
The bond amount is excessive and beyond the 115%normal required for similar projects in Estes
Park. The requirement that the materials for the traffic signal be in route likely cannot be met
prior to the end of October or the beginning of November, 2020. Alarado has been informed that
the arms and controls for the traffic signal require 120 days for manufacture and delivery after
they are ordered. The result is the Jimmy John's will lose an entire season causing Alarado
significant losses as well as substantial losses in sales tax revenue to the Town.
Alarado is appealing the staff decision to the Town Board of Trustees and requesting a hearing
on May 26, 2020 or the earliest possible date. The Town of Estes Park Board of Trustees is the
appropriate body for this appeal pursuant to E.P.M.C. 14.04.020(b), as the denial decision creates
an undue hardship on Jimmy John's. This appeal is timely filed within thirty days of the denial
16
Jimmy John's would account for approximately 66% of the site generated traffic, resulting in the
peak expected increase in traffic from the Jimmy John's to be about 20 vehicles per hour from
US 34 onto Steamer Drive and 20 vehicles per hour from Steamer Drive onto US 34.
To be forward-looking, Alarado proposed a traffic signal be substituted for the addition of a turn
lane. The proposal was approved by the Planning Commission in August, 2019. Work on the
project continued throughout the winter of 2019-2020 including the development of a design for
the traffic signal.
On January 6, 2020,the Estes Park Community Development Director distributed the traffic
signal plans developed for the ABP to all reviewing agencies. Comments were required to be
returned to the Director by January 17,2020. The comments were completed and submitted to
the Director timely and included a significant number of issues that would have to be addressed.
However, the comments were not returned to the developers until February 27, 2020. The six-
week delay in the delivery of this vital information is a result of a staff inember hitting"reply
all"to the addressees on an internal town email but failing to send comments to Alarado and its
representatives. The result has been a significant delay in the approval of the design for the
traffic signal at no fault on the part of Alarado. Alarado has been diligently addressing the
comments by the Town regarding the traffic signal and is working with CDOT to obtain the
necessary permits to construct the traffic signal.
Alarado has requested that a TCO be issued for the Jimmy John's to allow it to operate during
the rapidly approaching summer high season, subject to Covid-19 orders, while work continues
on the traffic signal. The Town's staff has declined Alarado's request and has instead presented
additional conditions in order for the issuance of a TCO which, within a month, will restrict
operations solely to bicycle deliveries: no take out,no drive through, and no deliveries outside of
bike range. The conditions also include the following must be met before a TCO is issued
Alarado providing a waiver and release of any claims Alarado might have against the Town; a
traffic signal design being approved by CDOT and the Town;materials for said traffic signal
being ordered and in route; and, additional security in the form of a bond for 150%of the
estimated costs.
The fact that the staff is requiring a waiver and release of all claims as a condition precedent to
the issuance of a TCO speaks volumes as to the staff's concerns regarding the handling of the
approval process for the CO/TCQ for Jimmy John's. Further, other conditions are draconian.
The bond amount is excessive and beyond the 115%normal required far similar projects in Estes
Park. The requirement that the materials for the traffic signal be in route likely cannot be met
prior to the end of October or the beginning of November, 2020. Alarado has been informed that
the arms and controls for the traffic signal require 120 days for manufacture and delivery after
they are ordered. The result is the Jimmy John's will lose an entire season causing Alarado
significant losses as well as substantial losses in sales tax revenue to the Town.
Alarado is appealing the staff decision to the Town Board of Trustees and requesting a hearing
on May 26, 2020 or the earliest possible date. The Town of Estes Park Board of Trustees is the
appropriate body for this appeal pursuant to E.P.M.C. 14.04.020(b), as the denial decision creates
an undue hardship on Jimmy John's. This appeal is timely filed within thirty days of the denial
17
sent via email on May 7, 2020 ("The Jimmy John's has no other path to a CO at this time.") The
denial of a CO/TCO for full operations of Jimmy John's will be an undue hardship that should be
prevented.
It should be noted that much of the originally anticipated traffic to the Jimmy John's was for
dine-in patrons,which are not currently possible due to the state's and county's COVID-19
orders. Jimmy John's, which specializes in fast delivery and take-away orders, is uniquely
situated to grow a business and increase employment in Estes Park during these challenging
times. Unfortunately, without action by the Town Board of Trustees to overturn the staffls
denial,Jimmy John's will likely not open this year.
I respectfully request an appeal hearing with the Boaxd of Trustees to overturn the denial and to
order the issuance of the CO/TCO for the full operation of the Jimmy John's.
Sincerely,
�''c���v''l�.:�
_ - �
Stewart W. Olive
Attorney at Law
CC: Patrick Martchink, Mayor Pro Tem
Carlie Bangs, Trustee �
Marie Cenac, Trustee
Barbara MacAlpine,Trustee
Cindy Younglund, Trustee
Ken Zornes,Trustee
18
Attachment 3
Revised Request for Alarado TCO
Inbo�
�
Glenn D. Fri, Apr 10, 5:13 PM Reply to
Malpiede <glenn@esteslegalservices.com> all
to Dan, tmachalek, gmuhonen, me, dhook, jwaters, Ryan, Phil, David, Ed, Lo
nnie, Fred, Dan, Steve
All,
After our conversation today, another possibility was discussed that may work to everyone's advantage.
Alarado will make every effort to install a temporary strung cable traffic signal by July 1 st, with
permanent signal installation still projected for October. At the same time,we are wondering whether the
Town might be able to see its way clear to approve a TCO for the Jimmy John's limited to delivery only,
the vast majority of which would be done by bike messengers. This has always been a part of JJ's basic
business plan, and 10 bikes had already been purchased for this purpose.
Given that COVID-19 will continue to be a limiting issue until at least through the end of May,if not
longer, delivery would be a welcome service for the community. At the same time, any additional traffic
generated from deliveries would be minimal. Yes,there would be some delivery by automobile to further
locations,but the bulk of deliveries are projected to be limited to about a 1-mile radius which JJ's plans to
cover with bike service in any case.
So,here is our revised request. We would ask that the Town issue a TCO for JJ's for"delivery only"until
the temporary traffic signal is in place (by July 1 st),then issue a TCO for fu11 operation until the
permanent signal is in place(by mid-October).
For the record, the control box for the temporary signal is the one item that wi11 actually take 12 weeks to
receive,the rest of the necessary equipment is mostly available any time, so the bulk of the installation
could possibly be done by the end of May(based on current projections).
Please let us know at your earliest convenience if the Town would consider this to be a viable option.
Alarado Properties would much prefer to continue operations in Estes Park rather than the alternative.
Thank you,
Phil Hinrichs
Ryan Wells
Alarado Properties, LLC
Glenn D. Malpiede, Esq.
Estes Legal Services, LLC
212 Virginia Drive
Estes Park, CO 80517
Offc: 970-586-2874
The information contained in this communication is confidential and may also contain privilcgcd attomcy-clicnt information or work product.
The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient,you are
hereby notified that any use,dissemination,distribution or copying of this information is strictly prohibited.If you have received this
communication in error,please immediately notify us via return email or by telephone at(970)586-2874. Thank you
19
Attachment 4
Alarado Traffic Signal
Public Works - Timeline of Communications and Meetings
Compiled by: Ilana Edge, David Hook, and Jennifer Waters; minor edits and additions by Randy Hunt
April 11, 2020
[Note on acronyms: SB = southbound lane; EB = eastbound lane; etc.]
1/24/18— Pre-Application Meeting for Alarado Business Park
2/16/18 - Matt Delich Memo about preliminary Traffic Impact Study (TIS) information with sketch; prior to
preparing the TIS.
June 2018 - Matt Delich TIS. Identifies that signal warrants at the intersection are not anticipated to be
met and identifies poor Level of Service (LOS)for the SB left turn. No mitigation suggestions provided.
6/19/18 - Matt Delich TIS Addendum for parking generation analysis.
6/20/18—Alarado Business Park application filed with Community Development—including a site layout,
the TIS (already provide for pre-review), a Preliminary Drainage Report, general utility plans,
grading/excavation concept plans, building architectural elevations, and other elements. Van Horn
Engineering (VHE)filed as the engineer of record.
6/22/18 -Alarado Development Plans distributed by Community Development. Round 1.
7/23/18 - Memo with Public Works Round 1 comments about Development Plans and TIS. Request by
Public Works for revise and resubmit.
August 2018 - Matt Delich revised TIS. Identifies that signal warrants at the intersection are not
anticipated to be met and identifies an additional EB through lane as a possible mitigation for the SB left
turn LOS.
8/20/18 - Preliminary road design for proposed lane by VHE. Includes plan view& cross-section
8/21/18 -VHE Memo for apartments parking.
8/22/18 -Alarado revised Development Plans distributed by Community Development. Round 2.
9/14/18 - Memo with Public Works Round 2 comments about revised Development Plans and revised
TIS. Request by Public Works for revise and resubmit.
9/14/18 -Town of Estes Park Memo including Round 2 comments from Planning, Public Works, Building,
Transit, Utilities, and CDOT.
9/24/18 -VHE provides revised development plans, additional Memo for apartments parking, and Memo
for Third Submittal of Development Plans (responds to 9/14 comments by departments).
10/4/18 - Memo with Public Works Round 3 comments about Revised Development Plans and Revised
TIS. Conditional approval by Public Works of Development Plans (see memo for conditions).
1 20
10/10/18 -VHE Memo for Fourth Submittal of Development Plans, with response acknowledging PW
conditions of 10/4 memo. Includes revised DP and preliminary layout of US 34 widening (as yet
unreviewed by PW or CDOT)
10/16/18 - Planning Commission Staff Report for Alarado Development Plans. PC approved the DP with
findings and conditions as recommended by staff.
Condition #1 = The proposed eastbound through/ane on US 34 is subject to fina/approva/by
Public Works and CDOT, including but not limited to:private driveway impact, drainage analysis,
and confirmation of appropriate lane/ength to properly mitigate/eve/of service.
12/19/18 - Site visit re US 34 widening, D Hook, K Stallworth, L Shelton
1/8/19 -Geotechnical Report by Landmark Engineering.
1/17/19 - Matt Delich Memo about US 34 Widening, including preliminary lane geometry narrative and
sketch.
2/15/19 -Grading permit G-002-19 application for site grading. Grading, Drainage and Landscaping plan
dated 2/7/19 submitted for rvw with original submission; revised plan dated 2/12/19 submitted soon
thereafter.
3/6/19 - Public Works comments on grading plan dated 2/12 with no objection to issuance of G-002-19,
subject to conditions listed.
3/8/19 - Building permit B-11090 application for footings and foundation, including full set of civil
construction plans for site development, distributed for rvw comment. F&F permit. PW verbal ok on only
F&F to Eris A. PW rvw of the civil construction plans separated/deferred to B-11110 (see 4/8 below).
3/29/19 - Email update, L Shelton to Brittany Hathaway, still working on design of US 34 widening.
[NOTE: NOW MORE THAN 5 MONTHS SINCE PC MTG APPROVAL OF DP AND US 34 WIDENING AS
MITIGATION, AND STILL NO US 34 PLANS FOR REVIEW]
4/8/19 - Building permit B-11110 application for core and shell (stamped drawings provided).
5/7/19 - Memo with Public Works comments about B-11110/civil site construction plans. Noted: fnal plans
for US 34 improvements not yet submitted. Request for revise and resubmit.
5/9/19 - Email update, L Shelton to Brittany Hathaway, still working on design of US 34 widening. [NOTE:
NOW ABOUT 7 MONTHS SINCE PC MTG APPROVAL OF DP AND US 34 WIDENING AS
MITIGATION, AND STILL NO US 34 PLANS FOR REVIEW]
5/23/19 - Final Drainage Report by Van Horn Engineering.
6/12/19 - Memo from VHE addressing comments by Public Works for B-11110. Revised site construction
plans submitted.
6/13/19 - Ed Glavin provides VHE drawings in dropbox by email to Public Works.
2 21
6/27/19 - Memo with Public Works comments about B-11110 for revised civil drawings (6/11/19).
Approval pending submission of final plans for US 34 improvements (approved by CDOT).
6/28/19 - Email update, L Shelton to D Hook, G Gladov, progress update on design of US 34 widening.
6/28/19 - PW & CDOT received draft US 34 widening plans dated 6/11 by VHE for Auxiliary Lane for
Alarado development. [THIS IS THE FIRST US 34 PLAN SUBMITTAL, MORE THAN 8 MONTHS AFTER
PC MTG]
7/2/19 - PW provided preliminary comments to US 34 widening plans received 6/28.
7/5/19 - Conference call (G Muhonen, R Hunt, applicant atty, Heath, VHE; dgh off) re draft widening plans
and concerns re timing of building permit issuance relative to US 34 plan approval and construction; GM
notes available in his calendar appt and in his 7/5 followup email to DH.
7/5/19 - Email exchange, G Muhonen and L Shelton re timing of building permit issuance relative to US
34 plan approval and construction.
7/5/19 - Matt Delich Memo about US 34 Auxiliary Lane Evaluations.
7/8/19 - Conference call with CDOT/Tim B, VHE/Lonnie S, Saunders Heath/Dan D, PW/David H.
Discussed a number of technical design issues related to the lane widening, mostly based on questions
from VHE. CDOT shared two important points: (1) an overlay of the entire highway within the project area
and addressing additional lanes at the Visitor Center are both standard requirements forthe type of lane
widening project proposed to mitigate Alarado development impacts; this was news to VHE & PW, and
seems to equate to a huge developer increase to cost obligation), and (2)timeline for CDOT permit
review would likely not accommodate fall construction of road improvements (Lonnie indicated that they
were anticipating winter construction and spring paving). Meeting notes by VHE with dgh annotations are
available. [THIS APPEARS TO BE THE FIRST SERIOUS DISCUSSION BY VHE WITH CDOT RE THE
US 34 PLANS, ALMOST 9 MONTHS AFTER PC MTG]
7/10/19 - Memo with Public Works comments about B-11110 for revised civil drawings (6/11/19) and
draft plans for US 34 improvements. No objection to issuance of permit with conditions.
Condition #1 = The stipulations as agreed to in the attached agreement. (DH note: this was the
'firsY agreement signed by the developers, dated 7/11; see below)
Condition #2 = The financial security shall address the full scope of US 34 improvements...
7/11/19 - Exhibit A for B-11110, signed by Town &developer. Requires security for US 34 improvements.
Requires completion of improvements as condition of CO issuance. All US 34 improvements to be
completed/accepted before CO issued for Jimmy Johns.
7/11/19 - 315p meeting at Engineering Conf Rm; VHE & PW re Alarado. See below for similar mtg on
7/12.
7/12/19 - 1130a meeting at Engineering Conf Rm; VHE & PW re Alarado. See above for similar mtg on
7/11.
3 22
DH Note: For both the 7/11 and 7/12 meetings, PW has not yet located relevant emails, agenda
or meeting notes to clearly identify all details discussed. PW's recollection is that the meeting
involved mostly brainstorming discussion on options to move forward given the new requirements
by CDOT(see 7/8 above). It seems to us that VHE brought up the idea of a traffic signal as an
alternative to the additional lane. That said, it also could have been mentioned by CDOT in the
7/8 conference call, thus beginning the VHE thought process to explore options other than the
roadway widening.
7/12/19 -457p email DH to RAH re question on new traffic signal option relative to prior PC approvals.
DH Note: this seems to indicate that at least by the 2nd mtg with VHE on the 12th, the traffic signal had
surfaced as an option.
7/12/19 - 542p email, DH to VHE as follow up to the morning meeting, including these relevant points:
•Traffic signal-as discussed, signal warrants are the big issue here. If your client chooses to
pursue exp/oring this option further and a signal is warranted, we wou/d support you in proposing
this option to CDOT to determine if they will allow you to move forward with a signal design.
Randy will have to confirm if this option also requires PC action.
•Additional lane -you have our preliminary comments on your concept plan; the bigger issues
(right turn lane and overlay) seem to be driving discussing the other two options; keep us posted
if you continue to pursue this option.
7/13/19 - Email confirmation from Randy H that a traffic signal option will require consideration by the PC.
7/14/19 - Email reply from Lonnie S to DH's email of 7/12 that includes a statement by Lonnie that seems
to support PW's recollection that VHE brought up the idea of the traffic signal option (...items related to
the many options we have "tested the wateron"...).
7/24/19 - Email from Lonnie S to Town, Saunders Heath, developers regarding discussion points on both
the lane widening and traffic signal options.
8/1/19 - Meeting to discuss traffic signal option and revised Development Plan; also, follow up email,
David H to Lonnie S, Travis, Randy re likely PW submittal requirements.
August 2019 - Matt Delich US 34/Steamer Intersection Traffic Signal Warrant Analysis, finding that the
warrants are met for installation of a traffic signal.
8/14/19 -W. L. Contractors Inc. prepares preliminary Urgent Care Traffic Signal Budget ( $400,688).
8/20/19 - PC meeting; approved adding traffic signal as a mitigation option at the Steamer/US 34
intersection.
8/27/19 - Meeting with VHE, PW,Water, Saunders Heath re watermain work (design and permitting
issues) and traffic signal (VHE is looking at WL Contractors for design & construction).
9/6/19 - Ed Glavin provides drawings in dropbox with changes to civil drawings dated 7/31/19 pertaining
to sewer line, waterline, and parking lot lighting.
9/17/19 - Eris A/Building Div distributes the plans submitted on 9/6 for rvw/comment.
4 23
9/19/19 - Public Works email about B-11110 for revised civil drawings provided on 9/6: no comments and
no objection to issuance of permit(changes did not involve PW).
9/20/19 - Building permit B-11191 application for Jimmy John's tenant finish.
10/16/19 - Public Works comments in Plan Review Record for B-11191: no comments on interior work
and no objection to issuance of permit.
10/16/19 - Building permit B-11223 application for Urgent Care tenant finish.
12/13/19 - Exhibit A for B-11223. Requires security (by Letter of Credit)for traffic signalization project at
US 34 and Steamer Drive.
12/18/2019— Public Works comments in Plan Review Record for B-11223 referencing Exhibit A and the
Letter of Credit"which pertains to traffic signal work and public right-of-way infrastructure." No comments
on interior work and no objection to issuance of permit.
12/20/2019 - Email from Jacob Scott about the signal light design from Fred Lantz w VHE base map
background for the Alarado project
12/31/2019 - Email from Lonnie Sheldon re. attached signal design that was sent before Christmas.
Informing Town of Estes park that Bruce Barnett at CDOT did receive the design when the first email was
sent. Round 1 submittal. [NOTE THAT OVER 4 MONTHS HAVE ELAPSED SINCE THE PC APPROVED
THE TRAFFIC SIGNAL AS A SECOND MITIGATION OPTION BEFORE THE FIRST SET OF PLANS
WERE SUBMITTED FOR REVIEW]
1/6/2020—Community Development Department distributes draft traffic signal plan for comments due by
Friday, 1/17/20. Plan is one sheet prepared by Fred Lantz using CDOT title block template.
1/14/2020— Public Works team meeting to discuss draft signal plan (Engineering Conference Room at
1:00). Attendees: David Hook, Jennifer Waters, Greg Muhonen, Ryan Barr, Brian Berg, and Kevin
McEachern. Using notes from this discussion, David prepares draft comments for Jennifer to include in
comments document addressing traffic signal plan.
1/17/2020— Public Works submits comments (Round 1 Response)for proposed traffic signal. Recipients
included Randy Hunt, Public Works staff, and Tim Bilobran at CDOT (not VHE or developers). [NOTE
THAT PW COMPLETED OUR REVIEW COMMENTS WITHIN 2 WEEKS AND WE ANTICIPATED THAT
COMDEV WOULD FORWARD THEM TO OTHERS WHEN ALL DRT COMMENTS CAME IN. ALSO
NOTE THAT A SIGNIFICANT SHORTFALL OF THE FIRST SUBMITTAL WAS THE LACK OF CIVIL
SITE IMPROVEMENT DESIGN ASSOCIATED WITH THE TRAFFIC SIGNAL]
1/20/2020 - Email from Randy Hunt to confirm that the Planning division, Community Development Dept.,
Town of Estes Park has no comments and no concerns regarding the submitted Signal Light Design. Like
the PW email of 1/17/2020, recipients included Randy Hunt, Public Works staff, and Tim Bilobran at
CDOT (not VHE or developers).
1/27/2020—Comments received from Tim Bilobran at CDOT. Documents provided include three copies
of the draft signal plan marked-up by three different reviewers. Recipients include Town staff, Lonnie
5 24
Sheldon, and David Stolte. Tim used the PW email of 1-17-2020 that he received that sent him PW
comments.
1/29/2020 - Email from David S acknowledging receipt of CDOT comments.
2/26/2020— Lonnie Sheldon at VHE requests to receive the 1/17/20 Public Works comments. The
comment document was emailed to him immediately. [NOTE THAT VHE DID NOT ASK SOONER; VHE
HAD CDOT COMMENTS FOR OVER 4 WEEKS AT THIS POINT]
2/26/2020 - Email from Randy Hunt re. the meeting on Feb 25th. Attached two agreements which
provided additional background on developers role in the traffic signal design and installation.
Summarized key points from email:
1) Developer committed to pay for design and construction of the signal and associated traffic
improvements at intersection, and Town has a financial guarantee instrument (LOC) ar$600,000
to ensure completion.
2) Signal must be operational before a final CO for the Jimmy John's can be issued. Both JJ and
urgent care are expected to be ready for occupancy in the next 2-3 months as understood. Top
floor of multi-family employee housing expected to be ready before then, but not likely to place
high traffic demand on intersection.
Stipulation #1 in B-11110 was superseded by traffic signal option B011223 by planning
commission in Oct. 2019.
David Hook responded that PW was not aware of a timeline for final approval by CDOT or
construction by developer.
2/26/2020 - Email from Ed Glavin wanting to set up meeting for next week to discuss occupancy process
and define the process. Developers were requesting dates for move in's. Set May 1 st for potential move
in's. Want to know if they are receiving CO's or TCO's on each permit and also give a status update for
the future signal work. Said that with $600K LOC in place for traffic signal the Town would issue full CO
on the Alarado project including the 9 residential units. JJ and EPH jobs are on separate permits and
CO's would be issued at final inspection.
Randy Hunt responded with availability and said Gary would need to be a part of the conversation.
3/2/2020 - Email from Randy Hunt informing Daivd and Jennifer that Saunders Heath is requesting a CO
or TCO for residential part of Alarado. Commented that he didn't believe we could issue a CO so it would
most likely be a TCO and that Saunders would request another CO/TCO for the medical facility.
Jennifer responded that March 10th would work and to include JBW and DGH on invite.
3/9/2020 - Email from Ed Galvin with Saunders Heath re. time for the meeting at the Alorado job trailer.
Response from Jennifer Waters stating that 10:30am Wednesday March 11th would work between 1 pm-
2pm or 4pm-5pm.
3/9/2020 - New Email from Ed Galvin requesting a meeting with Estes Park Engineering Dept., Van Horn
Engineering, Saunders Heath and CDOT to address comments made by the Town and CDOT for
Wednesday the 11th.
� 25
3/10/2020—Alarado Occupancy Meeting (Town Hall Kitchen at 10:30 am). Attendees: Randy Hunt, David
Hook, Jennifer Waters, David Stolte (Saunders Heath), Ed Glavin (Saunders Heath), and Gary Rusu
(latecomer). Discussion addressed various issues pertaining to all five building permits active at the site.
Randy told Ed Glavin and David Stolte that we were not going to release the C.O. for Jimmy John's until
the signal was installed, inspected, operational, and accepted by the appropriate government entity(s).
3/11/2020—Traffic Signal Meeting (420 Steamer, Saunders Heath Trailer at 1:00 pm). Attendees are
listed in "Meeting Minutes" provided by VHE. The agenda was provided by VHE using comments
previously written by Public Works (1/17/2020) and Tim Bilobran of CDOT (1/27/2020). [NOTE THAT
THIS MEETING OCCURRED MORE THAN 6 WEEKS AFTER RECEIPT OF CDOT COMMENTS AND 2
WEEKS AFTER RECEIPT OF PW COMMENTS]
3/12/2020— Lonnie distributes"Meeting Minutes from Alarado (US 34-Steamer Drive)Traffic Signal
Meeting 3-11-2020"to all participants. These minutes list attendees and include annotation of the agenda
with answers and decisions resulting from the discussion. Tim Bilobran responds with answers to three
questions requiring CDOT response, including conditional permission to use a span wire for traffic control
while materials are being fabricated.
3/13/2200—Tim Bilobran distributes CDOT sample standard notes for traffic signal projects. Fred Lantz
acknowledges and expresses his thanks.
3/18/2020— Letter from attorney Glenn Malpiede about traffic signal issues. See separate doc with PW
responses to issues mentioned in the letter.
3/19/2020 - Email between Greg Muhonen, Randy Hunt and Kate Rusch re an email from reporter Tim
Mosier re additional turn lane on US34, traffic signal and Letter of Credit.
3/19/2020 - Email from Randy Hunt re. the second (B-11223) of the two stipulation documents -
specifically, Sec. 8, which leaves Sec. 3 of the first (B-11110) set of stipulations intact.
Sec. 8 of the B-11223 document was written to head off exactly the type of issue now being raised.
(We have copies with both sets of signatures executed.)
Issuing a C.O. for a significant traffic generator on the site-which presumably will quickly result in
significant traffic-ahead of operational traffic control is a bad precedent. I think we already
relaxed requirements to the point of marginality by saying that we wouldn't hold up the Urgent
Care C.O. on the same basis.
� 26
Attachment 5
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 16, 2018
Board Room, Estes Park Town Hall
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith,
Russ Schneider, Robert Foster, Frank Theis, Steve Murphree
Attending: Chair Leavitt, Commissioners, White, Foster, Murphree. Smith and Theis,
Schneider
Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff
Woeber, Planner II Brittany Hathaway, Town Board Liaison Ron Norris,
County Staff Liaison Michael Whitley, Recording Secretary Karin
Swanlund
Absent: none
Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 30 people in
attendance.
1. OPEN MEETING
Planning Commission/Staff Introductions
2. APPROVAL OF AGENDA
It was moved and seconded (Theis/Foster) to change the order of the agenda as
presented moving item number 6 Castle Ridge Rezone to item number 5. The
motion passed 6-0, with Murphree not voting.
3. CONSENT AGENDA
Approval of August 21, 2018 Planning Commission meeting minutes.
It was moved and seconded (White/Smith) to approve the consent agenda as
presented and the motion passed 7-0.
4. PRELIMINARY SUBDIVISION PLAN: Beaver Point Subdivision, 1281 High Drive
Planner Hathaway reviewed the project. It is located to the east of Heinz Parkway and
north of Moraine Avenue, within Town limits. The property is zoned A-Accommodations.
The land area is 2.85 acres and is currently developed with a single family home and
garage. The proposal is to create 3 legal lots. There have been no public comments.
Staff recommended approval of the proposed Preliminary Minor Subdivision Plat.
Owner/Applicant Discussion:
Dave Bangs, Trail Ridge Consulting Engineers, was available to answer questions. There
was compliance with county regulations pertaining to fire. There were no agency
comments of significance found.
�7
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 16, 2018
Board Room, Estes Park Town Hall
Commission Comments:
No concerns were observed in walking the property.
It was moved and seconded (Foster/Murphree) to recommend that the Town Board
of Trustees approve the Beaver Point Minor Subdivision Plat according to findings
of fact, including findings recommended by staff. The motion passed 7-0.
5. ZONING MAP AMENDMENT: Castle Ridge Minor Subdivision, Fall River Road,
northwest of West Elkhorn Avenue.
Planner Woeber reviewed that the applicant, Estes Park Housing Authority, is contracting
to purchase this property contingent on approval of rezoning from RE-Rural Estate to RM-
Multi Family Residential. The parcel is just under 7 acres in size. A conceptual
development plan was submitted. Legal notices were published and letters mailed to
adjacent property owners. Staff recommended approval of the proposed Zoning Map
Amendment.
Applicant Discussion:
Current property owner Bill Van Horn stated that it is an appropriate change of zoning for
this property. Estes Park Housing Authority Executive Director Naomi Hawf spoke on the
needs of work force housing and the plans for the lot. Thomas Beck, Architect, added
that this is adequate zoning for this lot and it is possible to develop this as multi-family as
long as it is kept to the bottom 1/3 of the lot.
Public Comment:
Jon Nicholas, Estes Park Economic Development Committee, was not asked by his board
to endorse this, but the location is ideal with the Fall River corridor being commercial, and
the closeness to Elkhorn Avenue.
Commission Comments:
Proximity to downtown and the natural zoning buffer make this a desirable project. There
is no guarantee that the housing authority will buy the property, and once it is rezoned, it
is rezoned with all uses that come with RM zoning.
It was moved and seconded (White/Murphree) to recommend that the Town Board of
Trustees approve the Zoning Map Amendment application for Lot 2 of the Castle
Ridge Minor Subdivision, according to findings of fact recommended by staff. The
motion passed 7-0.
6. DEVELOPMENT PLAN: Alarado Business Park, 800 Big Thompson Avenue (new
address pending), Lot 1 of Stanley Hills Subdivision.
Planner Hathaway reviewed the proposal of a mixed-use commercial and residential
building including an urgent care facility, sandwich shop and employee housing. Written
notice has been mailed to adjacent property owners, a legal notice was published and the
applicant posted signs on the property. Public interest is medium, both in support of and
�8
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 16, 2018
Board Room, Estes Park Town Hall
opposed to the project. Staff recommended approval of the Alarado Business Park
Development plan with the following conditions: The proposed eastbound through lane
on US 34 is subject to final approval by Public Works and CDOT, and any future change
in use will require a new Traffic Impact Study and associated mitigation.
Commissioner/Staff discussion:
Residential use is classified as employee housing as an accessory use which is allowed
in CO zoning. No housing for the general public will be allowed.
Owner/Applicant discussion:
Lonnie Sheldon, Van Horn Engineering, reviewed the timeline and details of the project
with a PowerPoint presentation. A neighborhood meeting was held, which was well
attended. All code requirements have been met, including the Variances approved by the
Board of Adjustment on October 2. Maximum occupancy would be limited to 8 unrelated
people per unit. The land has at this lot has always been zoned commercial, one of the
few vacant CO lots left in town. A buffer of dedicated open space exists on north and
west sides of the lot. Drainage and utilities have not been controversial. 20-year deed
restrictions for employee housing have been drafted. This development meets the code
of CO zoning and land use by right as well as meeting community needs.
Ryan Wells, owner/developer, reviewed his background and reasoning behind the project.
The property was originally planned for just a Jimmy Johns, but through numerous public
conversations, it evolved into the current design.
Matt Delich, Traffic Consultant, spoke at length on the traffic studies conducted, both in
low and high season. Adding the Eastbound through lane meets the criteria for the Town
of Estes Park and CDOT.
Larry Leaming, CEO of Estes Park Health (EPH), spoke on the interest the hospital has
and the importance of Urgent Care, especially after business hours. The Emergency
Room should not be the only option for medical care. The traveling public are use to
looking for Urgent Care. This will be available and visible for all, with x-rays, lab and
pharmacy on site. Ambulances will be taking people to the ER, not urgent care. Hours
will be tracked and decided based on demand. Associated expenses will not strain the
Hospital or Family Medical Clinic due to revenues gained from the urgent care.
Phil Heinrichs, owner/developer, stated his commitment to the long term success of the
project. The on-site Jimmy John's manager will also act as the property manager. Eight
business have made commitments for leasing residences.
Public Comment:
Those speaking against the Development Plan, citing reasons of the disproportional
residential footage ratio to the commercial footage, delivery vehicles for Jimmy Johns not
calculated into the traffic study, pedestrian and automobile traffic, and not enough parking:
�9
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 16, 2018
Board Room, Estes Park Town Hall
David Courtes, Janet Jones, Shaun Jones, Deb Seick, Kris Adams, Pete Maxwell.
Those speaking in favor of the Development Plan stating the huge need for housing and
meeting community needs:
Tim Cashman, Randy Brigham, David Batey, Gerald Mayo, Ryan Leahy, Charlie Dickey,
Bill Van Horn, John Nicholas, Guy Beesley, Naomi Hawf.
Applicant Comments:
Pedestrian traffic will be mostly on the north side of Highway 34, with residents going to
work at Stanley Village and downtown. The unallocated space in the building is a
basement, which Estes Park Health has agreed to lease. EPH and Jimmy Johns will
have two units each. Leases to J-1 visa holders generate enough income to cover the
whole year. Added landscaping on the eastern property line is acceptable. CDOT will not
make any commitments until a full plan set is submitted.
Commissioner concerns/discussion:
o Impressed with the interactions with the neighborhood community.
o Parking restrictions would be included in the lease: 69 spaces total, 11 for
employee housing, 44 for businesses. Spaces were calculated at 1.3 per unit. If
parking becomes a problem, it is up to the owner to correct.
o Rentals will be strictly to businesses with contracts for a unit, and inhabitants must
be employed in the Estes Valley, not leased to the general public.
o EPH stated that they are renting the entire 12,000 sf. 3000 for urgent care, the
extra 9,000 sf will be determined as needs arise.
o Traffic study does not meet peak hour needs for a light.
o The risks involved will fall on the developer, not the town.
o Traffic light, cross-walk or roundabout installation discussions with CDOT.
o One building will not make a huge difference in traffic compared to the benefit the
project will provide.
o Mixed use is a creative and thoughtFul design.
o Planning Commission has no jurisdiction over the Board of Adjustment's decision.
o Request for an additional traffic and pedestrian study when project is complete.
It was moved and seconded (Theis/Foster) to approve the Alarado Business Park
Development Plan with the following conditions: Additional landscaping shall be
installed along the eastern property line, including trees and shrubs to provide
adequate screening from the neighboring property, with the landscaping to be
designed and installed outside the dedicated public utility easement. The motion
passed 7-0.
MINUTES AMENDED AT THE 7/16/19 PLANNING COMMISSION MEETING AS
WRITTEN BELOW:
�0
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
October 16, 2018
Board Room, Estes Park Town Hall
It was moved and seconded (Theis/Foster) to approve the Alarado Business Park
Development Plan according to the findings of fact, with findings and conditions
recommended by staff, with the condition that the applicant provide a plan that
shows trees planted on the eastern boundary as part of a landscape buffer, and
they can be on the neighbors property to satisfy that, to provide adequate
screening from the neighboring property, with the landscaping to be designed and
installed outside the dedicated public utility easement. The motion passed 7-0.
Due to time constraints, Chair Leavitt adjourned the meeting at 4:18 p.m.
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
�1
Attachment 6
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LAND SURVEYS ' _ •-
SUBDIVISIONS
DEVELOPMENT PLANNING _
s-r ucT�RaMEn�iciNEERiNc � VAN HORN ENGINEERING AND SURVEYING
SANITARY ENGINEERING �
MUNICIPAL ENGINEERING '.
August 8, 2019
Randy Hunt, Planning Director
Town of Estes Park, CO 80517
RE: Alarado Business Center Request for Planning Commission Hearing
Dear Mr. Hunt,
This is to request that the Alarado Business Center be considered for being placed on the
Agenda for the next available Planning Commission Hearing.
As you know, the initial Planning Commission condition of approval was for an
additional thru lane on US 34,but there have been ongoing talks with the Public Works
Department and CDOT related to the benefits of a signal at that intersection of Steamer
Drive and US 34. We are pursuing(with Public Works support) additional information
on signalizing that intersection rather than the thru lane. We would like to explain all of
this to the Planning Commission, make them aware of the pros and cons, and request a
change of the approved condition to reflect a signal light. We are in process of gathering
additional technical information related to a signal light there and on-going talks with
Public Works and CDOT related to the same.
Thank you for this consideration and let me know if you have any questions or concerns.
Sincerely,
./�,� � �
`�o�Berg, P ' ct Manager
For Van Horn Engineering & Surveying Inc.
32
1043 Fish Creek Road • Estes Park,Colorado 80517� 970-586-9388 • fax 970-586-8101 •E-mail:vhe@airbits.com
Attachment 7
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Steve
Murphree, Frank Theis, Nick Smith, Dave Converse
Attending: Chair Leavitt, Vice-Chair White, Commissioners Murphree, Theis,
Smith, Converse
Also Attending: Director Randy Hunt, Planner I Linda Hardin, Senior Planner Jeff
Woeber, Recording Secretary Karin Swanund, Town Board Liasion
Ron Norris, Town Attorney Dan Kramer
Absent: None
OPEN MEETING
Chair Leavitt called the meeting to order at 6:00 p.m. There were approximately 35 people
in attendance.
APPROVAL OF AGENDA
It was moved and seconded (White/Smith) to approve the agenda as
presented and the motion passed 6-0.
PUBLIC COMMENT
None
CONSENT AGENT
1. Study Session Minutes dated July 16, 2019
2. Meeting Minutes dated July 16, 2019
It was moved and seconded (Converse/Theis) to approve the consent agenda
as presented and the motion passed 6-0.
ACTION ITEMS
1. DEVELOPMENT PLAN: THE MEADOW CONDOMINIUMS at WILDFIRE
Senior Planner Woeber gave a synopsis of the entire Wildfire Development Plan.
He reviewed the Development Plan proposal for The Meadow Condominiums.
The applicant proposes to develop the vacant lot with nine condominium
buildings, eight units per building, containing a total of 72 individual units. All units
will be qualified as workforce housing. Workforce housing, under the EVDC
§11.4.C., requires, "...at least one (1) resident in each housing unit annually
submits an affidavit, including a copy of a W-2 form, to the Town certifying that
the resident is employed within the Estes Park School District R-3 Boundary
Map."
33
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
As all units are proposed as workforce, the applicant is able to utilize the density
and height bonus incentives per EVDC §11.4. The maximum permitted density
for this lot using the density bonus incentive (200% of maximum base) is 84
units; however the applicant is proposing 72 with this project. A Restrictive
Covenant Agreement is required.
Applicant Discussion: Lonnie Sheldon, Van Horn Engineering, distributed a letter
of support from the Estes Park Economic Development Corp. He shared a slide
show explaining the project and the steps that have been taken thus far in the
process as well as the architectural plans and distances from the residences to
the south of the development and emergency access points. The price point of
units is planned at $260,000-$425,000. A turn lane is not required per the
LCUASS Standard (Larimer County Urban Area Street Standards). However, the
owners have agreed to install a left turn lane at Wildfire Drive; no additional
land will be required to do this.
Public Comment: Anna Schonlau, town resident, asked who will be enforcing the
workforce housing and commented that the emergency outlets do not meet the
fire code requirements. Hold off on any advancement until these concerns are
discussed.
Applicant response: Reviews with the Fire Marshall have been ongoing and
frequent. There are numerous emergency access points planned.
Commission Discussion: Attorney Kramer noted that workforce housing will be
reviewed by the Town and the Housing Authority, working together to verify
employment. Modifications to the Covenants would be decided by the Town
Board of Trustees. The Restrictive Covenants run for 50 years. Woeber
addressed the emergency outlets, stating that the Fire Marshall thoroughly
reviewed the plan and will permit some leeway with ingress and egress.
It was suggested to have a letter from the Fire Marshall or have him present at
the Town Board Meeting.
It was moved and seconded (White/Theis) to APPROVE The Meadow
Condominiums at Wildfire Development Plan application according to
findings as presented. The motion passed 6-0.
2. PRELIMINARY CONDO MAP, The Meadow Condominiums
Staff noted the Preliminary Condominium map is nearly identical to the
Development Plan.
It was moved and seconded (White/Murphree) to forward a recommendation
of APPROVAL to the Town Board of Trustees of The Meadow
34
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
Condominiums at Wildfire Preliminary Condominium Map application,
according to findings of fact recommended by Staff. The motion passed
6-0.
3. THE DIVIDE CONDOMINIUMS at WILDFIRE.
The applicants propose to develop the vacant lot with two condominium
buildings, with eight units per building, containing a total of 16 individual units. All
units will be qualified as workforce housing. Workforce housing, under the EVDC
§11.4.C., requires, "...at least one (1) resident in each housing unit annually
submits an affidavit, including a copy of a W-2 form, to the Town certifying that
the resident is employed within the Estes Park School District R-3 Boundary
Map." As all units are proposed as workforce, the applicant can utilize the
density and height bonus incentives per EVDC §11.4. The maximum permitted
density for this lot using the density bonus incentive (200% of maximum base) is
16.3 units, where the applicant is proposing 16. The height bonus incentive
allows a maximum height of 38 feet, with a maximum height of 34.83 feet being
proposed.
Applicant Discussion: see above for The Meadow
Public Comment: see above for The Meadow
It was moved and seconded (White/Leavitt) to APPROVE The Divide
Condominiums at Wildfire Development Plan application according to
findings as presented. The motion passed 6-0.
4. PRELIMINARY CONDO MAP, The Divide Condominiums
Staff noted the Preliminary Condominium map is nearly identical to the
Development Plan.
It was moved and seconded (White/Murphee) to forward a recommendation
of APPROVAL to the Town Board of Trustees of The Divide Condominiums
at Wildfire Preliminary Condominium Map application, according to
findings of fact recommended by Staff. The motion passed 6-0.
5. ESTES PARK CHALET DEVELOPMENT PLAN
Woeber summarized the Development application proposing to rebuild the lodge,
which will have 49 rooms, a restaurant, meeting space, and a craft brewing area.
Staff notes the Estes Park Chalet project involves the rebuild of the lodge facility,
along with a new proposed "Event Facility." With that, staff has reviewed and
evaluated the impacts of the project as a whole, while at the same time
recognizing there are two distinct approval processes. The uses-by-right in the
Accommodations Zoning (Hotel/Motel and Restaurant) are considered for action
35
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
by the EVPC in the Development Plan, while at the same time recognizing the
project involves the Event Facility. The Event Facility use itself is subject to an
S1 Level Special Review, with final action by the Town of Estes Park Board of
Trustees as the governing body. There is no recommendation by the EVPC for
the S1 Special Review. The Special Review is scheduled for the August 27,
2019, Town Board hearing.
Applicant Comments: Morgan Mulch, owner, described the past 14 months of
planning this development after the devastating fire. He has received a positive
consensus from the two HOA boards regarding the plans. 51 of 69 condos on
site are in the rental pool, the new accommodations will allow for most event
guests to be on-site. The event center will hold 200 people, the restaurant will
have 50 seats. Bo Wenzl, project manager, gave a timeline of construction
stating it will take between 14-16 months and is being done by Doan
Construction using the 2015 Building code requirements. Dave Bangs, Trail
Ridge Consulting Engineers, spoke on the emergency access points, which will
be a significant improvement from what has been, including fire sprinklers and
hydrants There was a drainage study done in 2006 for the entire area. The
majority of the project is being done in the original footprint of the burned lodge.
Sean Keller, Traffic Engineer Consultant, noted the site plan parking
requirements were calculated according to the current Institute of Traffic
Engineering total use and total demand, which calls for 195 spaces.
Considerable discussion on parking was had between the applicants and the
Commission. There is no reciprocal agreement with the church on Promontory
Drive.
Public Comment: John Meissner, town resident, asked what is being done for
fire suppression. (see above)
Commission Comments: Appreciation for the timeliness of the rebuild and the
overall likeability and creativity of the plan.
It was moved and seconded (Smith/Murphree) to APPROVE the Estes Park
Chalet Development Plan application according to findings as presented.
The motion passed 6-0.
6. BEST WESTERN-SILVER SADDLE DEVELOPMENT PLAN
Planner Hardin described the current application to add 18 guest units to the
motel, move the swimming pool to an indoor location, and add separate laundry
facilities for guests and staff. In addition, the proposal includes employee break
areas and an office. Additional parking is included to accommodate the increase
in guest units. The property has 56.5% impervious coverage, improving on the
36
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
nonconforming standard. Parking spaces have been corrected to 19.5 feet, per
code.
Applicant comment: Wally Burke, owner, wants to bring the hotel up to modern
standards, centrally locate the lobby and make most rooms indoor-corridor.
Neighbor views will not be lost.
Pubic Comment: Ron Stevens, town resident, objected to the plan as it will
impede the view from his condo (E) in Ranch Meadows thus impacting his
property value. A redesign of the roof could minimize the impact.
Barbra Headley, town resident, stated that the height variance seems to be
glossed over.
Dave Wehrs, town resident, had questions on how the height was calculated.
Applicant response: Jason McMurren, Bas1 s Architecture, confirmed the roof is
in line with the standard 30 foot code requirement. Building heights are
calculated by taking the tallest and shortest part of the building from grade to
roofline and averaging those measurements.
Commission comments: Viewshed has been a concern in the past, but as long
as the plan follows the Development Code there is nothing the Planning
Commission can do. Submitting a cross-section of the building would make it
much easier to understand the building height.
It was moved and seconded (Leavitt/Theis) to APPROVE the Silver Saddle
Addition Development Plan application according to findings of fact and
including conditions as recommended by Staff. The motion passed 6-0.
7. MODIFICATION OF ALARADO DEVELOPMENT PLAN
Director Hunt explained the request of the applicants' request to modify the
conditions of Development Plan approval by adding an option for traffic
management on U.S. 34 adjacent to the project site. The applicants specifically
are asking that the conditional approval allows for the possibility of a traffic signal
at the U.S. 34 / Steamer Drive intersection, rather than the additional traffic lane
approved in Oct. 2018, provided that CDOT approves the signal and that other
necessary steps (including funding) align. Approval of the motion will not lock in
either option for the U.S. 34 traffic solution; it will only allow continued design of
the signal and a path to possible approval of that option.
Applicant comments: Lonnie Sheldon, Van Horn Engineering, reported that
CDOT stated that a waiver could be allowed for a traffic light less than '/2 mile
from the closest signal if traffic warrants. A traffic study was done in mid-June
37
RECORD OF PROCEEDINGS
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
and again in August and numbers are now available to take to CDOT for review.
The applicant pursued this improvement at their own cost. This request is an
option to the original plan; it will be either/or.
Ryan Wells, owner, noted that he will fund a traffic light 100%.
Public Comment: Sean Jones, town resident, stated that 33% of Jimmy Johns
business is delivery and delivery vehicles will account for more traffic. A light will
back up traffic on Steamer Drive.
David Cordes, town resident, stated that a traffic light may not solve all the
problems, and suggested a public meeting to throw out all possible scenarios.
Applicant response: A light will provide significant breaks in traffic for turning
onto Highway 34.
Commission Comments: Questions about the fate of the pedestrian crosswalk to
the north. The Transportation Advisory Board (TAB) is an excellent venue for
public input. The final decision is up to CDOT, not Public Works or the Town
Board.
It was moved and seconded (Theis/Smith) to APPROVE the modification to
conditions of approval for the Alarado Business Park Development Plan
application according to findings of fact and including conditions as
recommended by Staff. The motion passed 6-0.
REPORTS
• Park and Recreation Amendment will be on the Town Board meeting on August
27. The "Green" option will return with camping and hunting struck out.
• Suggestion of having an on-site visual of proposed project heights for
Development Projects.
• Town and County have set a tentative meeting date of September 30 to discuss
the future of the IGA.
.
ADJOURN
There being no further business Chair Leavitt adjourned the meeting at 9:06
p.m.
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
38
Attachment 8
Recommended Conditions of T.C.O. Approval from Staff:
Sent to applicants' team on April 20, 2020
[Notes on abbreviations:
T.C.O. and TCO = Temporary Certificate of Occupancy
EB = eastbound (lane of travel); WB = westbound; etc.
1. The traffic signal design, including the technical details for a communication link from the
new signal to all the downstream signals on US 34, must be completed to the
satisfaction of the Town and CDOT, as expressed in writing, prior to the issuance of a
TCO for the proposed fast-food use.
2. A traffic progression analysis, confirming this new signal can communicate and interface
with the downstream traffic signals on US 36 as needed to maintain an acceptable
coordinated flow of traffic EB and WB on US 34 during the summer guest season, must
be approved in writing by the Town and CDOT prior to the issuance of a TCO for the
proposed fast-food use.
3. A copy of the contract cost and schedule for the installation of the traffic signal, and all
associated civil infrastructure work at the intersection of Steamer Drive and US 34, must
be approved by the Town as realistic and adequately detailed prior to the issuance of a
TCO for the proposed fast-food use.
4. Evidence must be provided, to the Town's satisfaction, that all traffic signal materials
have been ordered, and the expected delivery and installation dates identified, prior to
the issuance of a TCO for the proposed fast-food use.
5. A letter of credit or cash deposit in the amount of 150% of the traffic signal
improvements bid amount, and in a form satisfactory to the Town, must be provided for
the incomplete intersection and project site work remaining prior to the issuance of a
TCO for the proposed fast-food use. Securities already provided to the Town shall be
accepted as contributing to this security requirement, to the extent that the Town
confirms in writing at a future date that other improvements of the development no
longer require their existing securities. The Town may draw upon such securities if any
letter of credit is within a week of expiring or if the developer fails to comply with the
conditions of approval, including if the traffic signal is not installed and operational within
the deadlines described below.
6. The Town will issue a TCO for the proposed fast-food use, but restricting the use to a
deliveries-only operation, with no drive-through or in-house sales permitted. The Town's
Code Enforcement Officer may conduct random inspections at the Alarado Business
Park to ensure compliance with the deliveries-only stipulation. The deliveries-only
operations may continue under the TCO until such date that (a) the TCO would expire
naturally under the Town's codes and procedures; (b) the traffic volumes on US 34
exceed 9000 vehicles per day at the CDOT count station near Mall Road; or (c) the
traffic signal is installed, inspected, and accepted by the Town and CDOT as applicable;
whichever occurs first.
7. If the daily traffic volume at the aforementioned CDOT US 34 count station at Mall Road
exceeds 9000 vehicles per day and the traffic signal has not yet been installed,
inspected, and accepted by the Town and CDOT, Town staff will notify the developer,
and deliveries from the fast-food use will thereupon be further restricted to bicycles only.
Deliveries via motor vehicles will be prohibited until the traffic signal is installed,
inspected, and accepted.
8. The fast-food use may commence full service operations after CDOT and Town approval
of a completed traffic signal at the intersection of US 34 and Steamer Drive, provided
that public health directives and any other regulatory aspects pertaining to full-service
39
operations shall also apply. The TCO will remain in effect if a temporary traffic signal is
installed, and the unrestricted CO will be issued upon completion, inspection, and
acceptance of the permanent traffic signal by the Town and CDOT, provided that all
other requirements for issuance of a final CO are also met to the Town's satisfaction.
9. If the permanent signal is not installed, inspected, and accepted by the Town and CDOT
by November 6, 2020, the applicant shall immediately replace the letter of credit with a
cash deposit in the amount of 150°/o of the bid amount for the incomplete traffic signal
work. The Town may for this purpose present and draw upon the letter of credit if the
developer does not accomplish the cash deposit at such time. If the permanent traffic
signal is not installed, inspected, and accepted by the Town and CDOT by April 1, 2021,
the Town will draw upon the cash deposit to install the signal, and may engage a
contractor to complete the work. In that circumstance, any unspent deposited funds will
be returned to the applicant upon final completion and acceptance of the signal
improvements.
40
Action Item 2 - Aupellant's Written Presentation Materials and Exhibits
Appeal of Staff Denial of a Certificate of Occupancy for the Alarado Development
Presentation Material
� � �
� Exhibit A, 1-8 � Powerpoint Presentation, Town Board of Trustees, June 23, 2020 �
Approvals and Inspection Reports
� Exhibit B - 9 � 2020-OS-01 Certificate of Occupancy, Residences at Alarado Busines Park �
� Exhibit C - 10 � 2020-OS-01 Certificate of Occupancy, Estes Park Health Urgent Care �
Exhibit D— 11 -23 2020-OS-04 LCDHE Inspection Reports, 5-4-2020 Construction Inspection, 12-
6-
� Exhibit E—24 25 � 2020-OS-06 Sign off email for Jimmy John's (all but PW) from Eris Audette �
Communications from Estes Park Staff
� Exhibit F -26 � 2019-07-ll Building Permit Exhibit A(Building Permit B-11110) �
� Exhibit G-27 � 2019-12-13 Medical Finish Building Permit Exhibit A(Building Permit B- �
� Exhibit H -28 � 2020-02-26—Emai1 from Jennifer Waters re: Comments from Public Works �
Exhibit I—29 - 31 2020-02-27—Email from Jennifer Waters re: Delay in returning comments
from Public Works
Exhibit J—32 -33 2020-02-27 Public Works Comments on signal, dated 1-17-2020,received
2-27- 2020
� Exhibit K—34 - 35 � 2020-04-20 Proposal from Estes Park Town Attorney, Dan Kramer �
� Exhibit L—36 - 38 � 2020-OS-07 Email from Dan Kramer,Estes Park Town Attorney. �
� Exhibit M—39 -40 � 2020-OS-12 Letter with counteroffer to Dan Kramer �
Traffic Studies
� Exhibit N—41 -42 � 2020-06-15 Delich traffic memo �
� Exhibit O—43 - 105 � 2018-08-22 Updated Traffic Impact Study �
� Exhibit P— 106— 125 � 2019-08-01 Delich traffic signal warrant analysis �
Petitions and Letters of Support
� Exhibit Q- 126 - 159 � 2020-06-15 Petitions �
� Exhibit R- 160 � 2020-06-15—Support letter from Timothy Cashman—Estes Park Health �
� Exhibit S- 161 � Letter of Support Placeholder �
� Exhibit T- 162 � 2020-06-15—Support letter from Gerald Mayo—Estes Park Team Realry �
� Exhibit U- 163 � 2020-06-15—Support letter from John Thomason—Nicky's Steak House �
� Exhibit V- 164 � 2020-06-15—Support letter from Lowell Richardson—PMI Estes Park �
� Exhibit W— 165 - 166 � 2020-06-15—Support letter from Lonnie Sheldon—Van Horn Engineering �
Submissions and Meeting Minutes
Exhibit X— 167 - 171 2018-10-16 Estes Valley Planning Commission Minutes—Approved,
"Traffic study does not meet peak hour needs for a light."
Exhibit Y— 172- 177 2018-10-16 Estes Park Staff Report prepared for Estes Va11ey Planning
Commission Packet, excluding exhibits
Exhibit Z— 178 - 183 2019-08-20 Estes Valley Planning Commission Minutes
Exhibit AA— 184 - 186 2019-08-20 Estes Park Staff Report prepared for Estes Valley Planning
Commission Packet, excluding exhibits.
Exhibit AB— 187— 192 2020-06-03 Alarado Signalized Intersection Civil P1ans DRAFT
(submission to CDOT)
41
MARCH & OLIVE�LLC ARTHUR E.MARCH
J.BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW 1908-1981
STEWART W.OLIVE 1312 S.College Avenue ARTHUR E.MARCH,JR.
FORT COLLINS,CO 80524 1933-2005
(970)482-4322 JOHN W.PHARRIS
FAX(970)482-5719 Retired-2019
Appellant's Written Presentation Materials and Exhibits
Appeal of Staff Denial of a Certificate of Occupancy for the Alarado Development
Presentation Material
I Page � �
� 1 � Powerpoint Presentation, Town Board of Trustees, June 23, 2020 �
Approvals and Inspection Reports
� 9 � 2020-OS-01 Certificate of Occupancy, Residences at Alarado Busines Park �
� 10 � 2020-OS-01 Certificate of Occupancy, Estes Park Health Urgent Care �
11 2020-OS-04 LCDHE Inspection Reports, 5-4-2020 Construction Inspection, 12-6-
2019 Plan Review 2, and 10-28-2019 Plan Review 1
� 24 � 2020-OS-06 Sign off email for Jimmy John's (all but PW) from Eris Audette �
Communications from Estes Park Staff
� 26 � 2019-07-11 Building Permit Exhibit A (Building Permit B-11110) �
� 27 � 2019-12-13 Medical Finish Building Permit Exhibit A (Building Permit B-11223) �
� 28 � 2020-02-26—Email from Jennifer Waters re: Comments from Public Works �
29 2020-02-27 —Email from Jennifer Waters re: Delay in returning comments from
Public Works
32 2020-02-27 Public Works Comments on signal, dated 1-17-2020, received 2-27-
2020
� 34 � 2020-04-20 Proposal from Estes Park Town Attorney, Dan Kramer �
� 36 � 2020-OS-07 Email from Dan Kramer, Estes Park Town Attorney. �
� 39 � 2020-OS-12 Letter with counteroffer to Dan Kramer �
Traffic Studies
� 41 � 2020-06-15 Delich traffic memo �
� 43 � 2018-08-22 Updated Traffic Impact Study �
� 106 � 2019-08-01 Delich traffic signal warrant analysis �
Petitions and Letters of Support
� 126 � 2020-06-15 Petitions �
� 160 � 2020-06-15 — Support letter from Timothy Cashman—Estes Park Health �
� 161 � Letter of Support Placeholder �
� 162 � 2020-06-15 —Support letter from Gerald Mayo—Estes Park Team Realty �
� 163 � 2020-06-15 —Support letter from John Thomason—Nicky's Steak House �
� 164 � 2020-06-15 — Support letter from Lowell Richardson —PMI Estes Park �
� 165 � 2020-06-15 —Support letter from Lonnie Sheldon—Van Horn Engineering �
Submissions and Meeting Minutes
167 2018-10-16 Estes Valley Planning Commission Minutes—Approved, "Traffic
study does not meet peak hour needs for a light."
42
172 2018-10-16 Estes Park Staff Report prepared for Estes Valley Planning
Commission Packet, excluding exhibits
� 178 � 2019-08-20 Estes Valley Planning Commission Minutes �
184 2019-08-20 Estes Park Staff Report prepared for Estes Valley Planning Commission
Packet, excluding exhibits.
� 187 � 2020-06-03 Alarado Signalized Intersection Civil Plans DRAFT(submission to CDOT) �
43
6/16/2020
Ac#ian Item 2 Exh ib it A
ALARADO BUSINESS PARK APPEAL OF
DENIAL OF CERTIFICATE OF OCCUPANCY
. .
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ALARADO BUSINESS PARK
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44
Page 1 of 192, Alarado Business Park Appeal Exhibit, June 23, 20201
. . 1 1
• zo18-Zoig—Original
planning included a new
Eastbound through lane
• July2oig—To issue building
permit,Town required:
i. Promise of Letter of Credit
as security
2. No final CO for Jimmy
John's before U534 work is �
completed.
� ��
,,
',
August zoig—Traffic signal
determined to be better fit for
town and development needs
December Zoig—To issue
building permit(medical tenant
finish),Town required:
$600,00o Letter of Credit for
traffic signal
December Zoi9—Design
submitted to town
January 6,Zo2o—Town of ��S
Estes Community
Development seeks comment
'. �- � ' • . �� : ' • ��- • 1 1
6/16/2020
TIMELINE A,�
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6
46
Page 3 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020 3
6/16/2020
�'� "�' � � - ' JIMMY JOHN'S IS
��� � � - ^.�-�--�"' READYTO OPEN
_* _ - --�..� ,
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7
- - - - _- �..� SUPPORT FOR
JIMMYJOHN'S
��k.'�. � �� �����za�,s�.� .�<.
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dA �:...� "'�..t' ' �1 .�-r. -� 1''�L�'"L � "e� '3�"�-5, � •-: �
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47
Page 4 of 192, Alarado Business Park Appeal Exhibit, June 23, 20204
. . 1 1
� � � � � � � �
1 � 1 • • � 1
i. Full waiver and release of all claims 3. TCO-deliveries only. (6)
againsttown.
4. Bike deliveries only if U534 hits
z. TCO for deliveries only after: g000 vpd. (7)
a) Signal design complete, approved by 5. Full-service operation after signal is
town&CDOT.(�) completed.(8)
b) Confirmed interface with signals,
approved by town&CDOT.(z) 6. On November 6, 2020, letter of
c) All civil infrastructure approved by credit must be replaced by i5o%
town.(3) cash deposit. (g)
d) Signal delivery and installation dates
identified. (4)
e) $goo,000 Letter of Credit, i5o%of
expected cost.(5)
� �
� , �
June zozo - z4%decline
from August zoig
At current rates,traffic �
signal wouldn't be ; '_ � � '
recommended. : . �
� �
:
�
'. �- • ' • . �� : ' • ��- • 1 1
. . 1 1
� • • :
• §iii.z of the zoi5 International Building Code, as amended and adopted by the
Town of Estes Park
• After the building ofFicial inspects the buildinq or structure and does not find
violations of the provisions of this code or other laws that are enforced by the
department of building safety,the building official shall issue a certificate of
occupancx that contains the following [information on the applicant and
inspection.]
� � � � � � � • • •
� � � � � � • . �
b) Any person who is denied a permit by the Building
Official may file an appeal with the Board ofTrustees
on the basis that such refusal is not justified, is based
on an unreasonable provision of the buildinq�
or that an undue hardship would be imposed upon
the person by the strict compliance with the code. ...
'. �- � � ' • . �� : ' • ��- • 1 1
.
6/16/2020
IMPACT ON JIMMY
JOHN'S
�
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.-
, . .. .
.
13
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fi x(�'
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50
Page 7 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020�
6/16/2020
•
. •
15
51
Page 8 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020 g
Ac#ion Item 2 E�ch ib it B
.
ertl 1 c ate o c cu anc
420 Steamer Pkwv
This MiY Use Residential Buildin� has been inspected for compliance with the laws and ordinances of the Town of
Estes Park and is hereby issued a Certificate of Occupancy.
Building Permit Number B-11110 Zoning District CO- Commercial
Applicable Edition of Code 2015 I-Codes Special Conditions NA
Use and Occupancv B & R-2
Type of Construction V-B
Design Occupant Load 124 �
Sprinkler System Required NFPA 13 Building Official �� �'���i �0 5/1/2020
Date
Name and Address of Owner (s) Alarado Enterprise LLC
1911 Arrowhead Dr
Holdrid�e NE 68949 �
0
ESTES PARK
C � LORADO
52
Page 9 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�c#ion Item 2 Exh ib it �
.
ertl 1 c ate o c cu anc
420 Steamer Pkwv Suite 101
This Medical Facilitv has been inspected for compliance with the laws and ordinances of the Town of Estes Park
and is hereby issued a Certificate of Occupancy.
Building Permit Number B-11223 Zoning District CO- Commercial
Applicable Edition of Code 2015 I-Codes Special Conditions NA
Use and Occupancv B-I
Type of Construction V-B
Desi Occ ant Load 139 5/1/2020
� �n s�a�g o���l �� �?�, (�3D
Sprinkler System Required NFPA 13 v U Date
Name and Address of Owner (s) Alarado Enterprise LLC
1911 Arrowhead Dr
Holdrid�e NE 68949 �
0
ESTES PARK
C � LORADO
53
Page 10 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib it D
�.���k��.k LarimerCounty.Department of Health&Environment
�'�y'4�� 1525 Blue Spruce Drive.Fort Collins,C0 80524-2004
(970)498-6776
www.larimer.ora/health
FOOD ESTABLISHMENT INSPECTION REPORT
License Posted?: NA
Establishrr��t: �O�-: Establishrrient ID:
JIMMY JOHNS ALARADO ENTERPRISES LLC 45484
Ackl-ess: Tirre In: Ir�spectia�Tirre:
420 STEAMER DRIVE,SUITE 100 ESTES PARK,CO 80521 11:47 AM 75
Ir�ection Date: I Seatirg CapacitY: � Ir�speclion Type:
May04,2020 20 Other,Constn�ctionChedc
� FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS �
Risk factors are important practices or procedures identified as the most pr�alent contributing factors of foodbome iUness or injury. Public health
interventior�s are control measures to pr�ent foodbome illriess or injury.Compliance status to be designated as IN,OUT, NA, NO for each numbered
item.
IN=1n compliance OUT=Not in compliance NO=Not observed NA=Not applicable C05=Corrected on site R=Repeat violation
Compliance Status COS R
Supervision
1 In Person in charge present,demonstrates knowledge,and perforrrs duties
2 In Certified Food Protection Manager
Employee Health
3 In Management,food employee and conditional employee; knowledge, responsibilities and reporting
� 4 � In �Proper use of restriction and exclusion � � �
5 In Procedures for responding to vomiting and diarrheal events
Good Hygenic Practices
6 In Proper eating,tasting,drinking,or tobacco use
7 In No discharge from eyes, nose,and mouth
Preventir�Corrtamination by Hands
8 In Hands clean�properly washed
� 9 � In �No bare hand contact with RFE food or a pre-approved altemative procedure properly allowed � � �
10 In Adequate handwashing sinks properly supplied and accessible
Approved Source
11 In Food obtained from approved source
� 12 � In �Food received at proper temperature � � �
� 13 � In �Food in good condition,safe, �unadulterated � � �
14 In Required records available:shellstock tags,parasite destruction
Protection from Contamination
15 In Food separated and protected
� 16 � In �Food contact surfaces;cleaned t�sanitized � � �
17 In Proper disposition of retumed, previously served, reconditioned£r unsafe food
TimelTemperature Control for Safety
18 In Proper cooking time t�temperatures
� 19 � In �Proper reheating procedures for hot holding � � �
� 20 � In �Proper cooling time and temperature � � �
� 21 � In �Proper hot holding temperatures � � �
� 22 � In �Proper cold holding temperatures � � �
� 23 � In �Proper date marking and disposition � � �
24 In Time as a Public Health Control; procedures£r records
Consumer Advisory
25 In Consumer advisory provided for raw/undercooked food
Highly Susceptible Populations
26 In Pasteurized foods used; prohibited foods not offered
Food/Color Additives and Toxic Substances
27 In Food additives:approved£r Properly used
28 In Toxic substances properly identified,stored£r used
Conformance with Approved Procedures
29 In Compliance with variance/specialized process /HACCP
54
Page 1 of 3
Page 11 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
� coon�Tari,rRacricEs �
Cood Rctail Practiccs arc prevcntativc mcasures to control thc addition of pathogcns,chcmicals,and physical objccts in foods.
OUI�Not in compliance COS=Corrected on site R=Repeat violation
I Co�►liance Status I COS I R I
I Safe Food and Water I
I30 I I Pasteurized eggs used where required I I I
I3� I I Water and ice fi-om approved source I I I
� 32 � �Variance obtained for specialized processing methods � � �
I Food Temperature Control I
� 33 � �Proper cooling methods used;adequate equipment for temperature control � � �
I 34 I I Plant food properly cooked for hot holding I I I
� 35 � �Approved thawing methods used � � �
I 36 I I Thermometer provided&accurate I I I
I Food Identification I
� 37 � �Food properly labcicd;original containcr � � �
I Prevention of Food Contarrunation I
I 38 I I Insects,rodents,&animals not present I I I
I 39 I I Contamination prevented during food preparation,storage&display I I I
I 40 I I Personal cleanliness I I I
I 41 I I Wiping Cloths;properly used&stared I I I
I 42 I I Washing fruits&vegetablcs I I I
�Proper Use of Utensils �
� 43 � � In-use utensiLs:properly stored � � �
I 44 I I Utensils,equipment&]mens:properly stored,dried,&handled I I I
I 45 I I Single-use/single-service articles:properly stared&used I I I
I 46 I I Gloves used properly I I I
I Utensils,Equipmeirt and Vencling I
� 47 � �Food&non-food contact surfaces cleanable,properly designed,constructed,&used � � �
I 48 I I Warewashing facilities:installed,maintained,&used;test strips I I I
� 49 � �Non-food contact surfaces clean � � �
I Physical Facilifies I
I 50 I I Hot&cold water available;adequate pressure I I I
I 51 I I Plumbing installed;proper backflow devices I I I
I 52 I I Sewage&waste water properly disposed I I I
I 53 I I Toilet facilities;properly constructed,supplied,&cleaned I I I
I 54 I I Garbage&refuse properly disposed;facilities maintained I I I
� 55 � �Physical facilities installed,maintained,&clean � � �
I 56 I I Adequate ventilation&lighting;designated areas used I I I
55
Page 2 of 3
Page 12 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Inspection Comments
A conshuction check was completed today and a carbon copy report was left with the construction manager during the inspection.The following was noted on
the inspection report.
• Provide soap and paper towels at hand sinks.
• Seal openmg where soda lines are routed through floor by bag and box rack and by drink dispenser.
• Seal gaps between t�le and cove base in back room
• Verify that electrician wired water heater elerr�nts to operate sur�ltaneously.A Rheem ELDS water heater has been installed and if ele�rrts are frcing
sur�ltaneously,this water heater is adequately sized with 60 gallon per ho�recovery at 80F rise and 12 KW.
• Provide a miniri�un of 100F water terrperat�n-es at hand washing sinks.
• Connect splash guard to adjacerrt prep sink.Neatly seal cormection.
• Provide leg kit for large CO2 tank to allow adjacerrt floors and wall to be accessible to cleaning.
Rating: Not Rated FouoW-up x�u�ed: rro
Rating Calculation Info: httn://www.larimer.ore/food/RiskIndexInfo.html Follow-up Date(on or about): NA
InspectedBy: Phone: II3S�nail:
MENZIES,DAVID 970-577-2051 dmenzies@]arimer.org
Recei�+ed By: Recei�+ed By I�}nail: Recei�d By Phone:
David Menzies dmenzies@larimer.org
Food Safery Resources:
httrosJ/www.larul�r.ore/healtWsafetv sanitarion-nroararrn/food-safetv nro�-arr�food-safetv resoarces
Visit the Food Inspection Reportmg web site at www.larin�r.or�/food
Food Safety Tramirg 970-498-6008.www.larm�r.or�/ext
56
Page 3 of 3
Page 13 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�.���k��.k LarimerCounty.Department of Health&Environment
�'�y'4�� 1525 Blue Spruce Drive.Fort Collins,C0 80524-2004
(970)498-6776
www.larimer.ora/health
FOOD ESTABLISHMENT INSPECTION REPORT
License Posted?: NA
Establishrr��t: �O�-: Establishrrient ID:
JIMMY JOHNS ALARADO ENTERPRISES LLC 45452
Ackl-ess: Tirre In: Ir�spectia�Tirre:
420 STEAMER DR STE 100 ESTES PARK,CO 80517 9:58 AM 30
Ir�ection Date: I Seatirg CapacitY: Ir�speclion Type:
Dece�nber 06,2019 1 Other, Plan R�iew
� FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS �
Risk factors are important practices or procedures identified as the most pr�alent contributing factors of foodbome iUness or injury. Public health
interventior�s are control measures to pr�ent foodbome illriess or injury.Compliance status to be designated as IN,OUT, NA, NO for each numbered
item.
IN=1n compliance OUT=Not in compliance NO=Not observed NA=Not applicable C05=Corrected on site R=Repeat violation
Compliance Status COS R
Supervision
1 In Person in charge present,demonstrates knowledge,and perforrrs duties
2 In Certified Food Protection Manager
Employee Health
3 In Management,food employee and conditional employee; knowledge, responsibilities and reporting
� 4 � In �Proper use of restriction and exclusion � � �
5 In Procedures for responding to vomiting and diarrheal events
Good Hygenic Practices
6 In Proper eating,tasting,drinking,or tobacco use
7 In No discharge from eyes, nose,and mouth
Preventir�Corrtamination by Hands
8 In Hands clean�properly washed
� 9 � In �No bare hand contact with RFE food or a pre-approved altemative procedure properly allowed � � �
10 In Adequate handwashing sinks properly supplied and accessible
Approved Source
11 In Food obtained from approved source
� 12 � In �Food received at proper temperature � � �
� 13 � In �Food in good condition,safe, �unadulterated � � �
14 In Required records available:shellstock tags,parasite destruction
Protection from Contamination
15 In Food separated and protected
� 16 � In �Food contact surfaces;cleaned t�sanitized � � �
17 In Proper disposition of retumed, previously served, reconditioned£r unsafe food
TimelTemperature Control for Safety
18 In Proper cooking time t�temperatures
� 19 � In �Proper reheating procedures for hot holding � � �
� 20 � In �Proper cooling time and temperature � � �
� 21 � In �Proper hot holding temperatures � � �
� 22 � In �Proper cold holding temperatures � � �
� 23 � In �Proper date marking and disposition � � �
24 In Time as a Public Health Control; procedures£r records
Consumer Advisory
25 In Consumer advisory provided for raw/undercooked food
Highly Susceptible Populations
26 In Pasteurized foods used; prohibited foods not offered
Food/Color Additives and Toxic Substances
27 In Food additives:approved£r Properly used
28 In Toxic substances properly identified,stored£r used
Conformance with Approved Procedures
29 In Compliance with variance/specialized process /HACCP
57
Page 1 of 3
Page 14 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
� coon�Tari,rRacricEs �
Cood Rctail Practiccs arc prevcntativc mcasures to control thc addition of pathogcns,chcmicals,and physical objccts in foods.
OUI�Not in compliance COS=Corrected on site R=Repeat violation
I Co�►liance Status I COS I R I
I Safe Food and Water I
I30 I I Pasteurized eggs used where required I I I
I3� I I Water and ice fi-om approved source I I I
� 32 � �Variance obtained for specialized processing methods � � �
I Food Temperature Control I
� 33 � �Proper cooling methods used;adequate equipment for temperature control � � �
I 34 I I Plant food properly cooked for hot holding I I I
� 35 � �Approved thawing methods used � � �
I 36 I I Thermometer provided&accurate I I I
I Food Identification I
� 37 � �Food properly labcicd;original containcr � � �
I Prevention of Food Contarrunation I
I 38 I I Insects,rodents,&animals not present I I I
I 39 I I Contamination prevented during food preparation,storage&display I I I
I 40 I I Personal cleanliness I I I
I 41 I I Wiping Cloths;properly used&stared I I I
I 42 I I Washing fruits&vegetablcs I I I
�Proper Use of Utensils �
� 43 � � In-use utensiLs:properly stored � � �
I 44 I I Utensils,equipment&]mens:properly stored,dried,&handled I I I
I 45 I I Single-use/single-service articles:properly stared&used I I I
I 46 I I Gloves used properly I I I
I Utensils,Equipmeirt and Vencling I
� 47 � �Food&non-food contact surfaces cleanable,properly designed,constructed,&used � � �
I 48 I I Warewashing facilities:installed,maintained,&used;test strips I I I
� 49 � �Non-food contact surfaces clean � � �
I Physical Facilifies I
I 50 I I Hot&cold water available;adequate pressure I I I
I 51 I I Plumbing installed;proper backflow devices I I I
I 52 I I Sewage&waste water properly disposed I I I
I 53 I I Toilet facilities;properly constructed,supplied,&cleaned I I I
I 54 I I Garbage&refuse properly disposed;facilities maintained I I I
� 55 � �Physical facilities installed,maintained,&clean � � �
I 56 I I Adequate ventilation&lighting;designated areas used I I I
58
Page 2 of 3
Page 15 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Inspection Comments
December 6,2019
Ed Glavin
1212 Riverside Ave.
Fort Collins,Colorado 80524
Dear Mr.Glavin,
The revised plans submitted for the construction of Jimmy Johns to be located at 420 Steamer Drive,Suite 100 in Estes park,
Colorado,have been reviewed bythis department.The plans are approved.
Item 17 required modification in order to be in compliance with the Colorado Retail Food Establishment Rules and
Regulations.
1. (Per review letter dated 10/28/19)A hand washing sinlz is not easily accessible from the open top refrigerated cooler located adjacent to
the food preparafion sinlc,item 13 in the plans.The cwrent location of the hand sink would required a food�arker to walk about 15?
through the ware washing area to the far wall of the l�tchen to access a hand sink,or wallc approximately 15?past the drive through
window and rrrain sandwich assembly area to access the other hand sink in the latchen An easy to access hand washing sink must be
provided for this food preparafion area. Thc location of thc handwashing sink has bcen revised to allowcasily access for hanctwashing at
thc food prcparation arca by thc sliccr and open top cooler and will be installed betw�en the warewashing area and thc food preparation
are a.
In addition to the$100 plan review application fee paid at the time the plans were submitted for review,a review fee is assessed for
the actual review time.The review fee is assessed at a rate of$44 per hour.The final review cost for this project is$220. Please be
advised,before the department can give any approval for operation all plan review fees must be paid.The plan review billing invoice for this
project is attached to the hard copy of the final approval letter. Please feel free to contact this department if questions arise,or if I can be of
further service at(970)577-2051 or at dmenzies@larimer.org.
Sincerely,
David Menzies, REHS
Sr.Environmental Health Specialist
cc: Town of Estes Park Division of Building Safetyvia electronic mail
R1Sk IriCleX Ratlrig: NOt RateCl Follow-up Required: No
Risk Index Calculation Info: httn://www.larimer.ore/food/RisklndexInfo.html Follow-up Date(on ar about): NA
InspectedBy: Phone: II�5 FYnail:
MENZIES,DAVID 970-577-2051 dmenzies@larimer.org
Receic�d By: Recei�d By F�x�ail: Recei�ed By Phone:
David Menzies dmenzies@]arimer.org
Food Safety Resow-ces:
httusl/www.larmier.or�/heakh/safetv sanitation-nroe�-arrs/food-safetV nroQrarrdfood-safetV resow-ces
Visit the Food Inspection Reporting web site at www.larm�r.org/food
Food Safery Training 970-498-6008.www.laru�r.ore/e�
59
Page 3 of 3
Page 16 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�.���k��.k LarimerCounty.Department of Health&Environment
�'�y'4�� 1525 Blue Spruce Drive.Fort Collins,C0 80524-2004
(970)498-6776
www.larimer.ora/health
FOOD ESTABLISHMENT INSPECTION REPORT
License Posted?: NA
Establishrr��t: �O�-: Establishrrient ID:
JIMMY JOHNS ALARADO ENTERPRISES LLC 45452
Ackl-ess: Tirre In: Ir�spectia�Tirre:
420 STEAMER DR STE 100 ESTES PARK,CO 80517 9:42 AM 270
Ir�ection Date: I Seatirg CapacitY: Ir�speclion Type:
October 28,2019 1 Other, Plan R�iew
� FOODBORNE ILLNESS RISK FACTORS AND PUBLIC HEALTH INTERVENTIONS �
Risk factors are important practices or procedures identified as the most pr�alent contributing factors of foodbome iUness or injury. Public health
interventior�s are control measures to pr�ent foodbome illriess or injury.Compliance status to be designated as IN,OUT, NA, NO for each numbered
item.
IN=1n compliance OUT=Not in compliance NO=Not observed NA=Not applicable C05=Corrected on site R=Repeat violation
Compliance Status COS R
Supervision
1 In Person in charge present,demonstrates knowledge,and perforrrs duties
2 In Certified Food Protection Manager
Employee Health
3 In Management,food employee and conditional employee; knowledge, responsibilities and reporting
� 4 � In �Proper use of restriction and exclusion � � �
5 In Procedures for responding to vomiting and diarrheal events
Good Hygenic Practices
6 In Proper eating,tasting,drinking,or tobacco use
7 In No discharge from eyes, nose,and mouth
Preventir�Corrtamination by Hands
8 In Hands clean�properly washed
� 9 � In �No bare hand contact with RFE food or a pre-approved altemative procedure properly allowed � � �
10 In Adequate handwashing sinks properly supplied and accessible
Approved Source
11 In Food obtained from approved source
� 12 � In �Food received at proper temperature � � �
� 13 � In �Food in good condition,safe, �unadulterated � � �
14 In Required records available:shellstock tags,parasite destruction
Protection from Contamination
15 In Food separated and protected
� 16 � In �Food contact surfaces;cleaned t�sanitized � � �
17 In Proper disposition of retumed, previously served, reconditioned£r unsafe food
TimelTemperature Control for Safety
18 In Proper cooking time t�temperatures
� 19 � In �Proper reheating procedures for hot holding � � �
� 20 � In �Proper cooling time and temperature � � �
� 21 � In �Proper hot holding temperatures � � �
� 22 � In �Proper cold holding temperatures � � �
� 23 � In �Proper date marking and disposition � � �
24 In Time as a Public Health Control; procedures£r records
Consumer Advisory
25 In Consumer advisory provided for raw/undercooked food
Highly Susceptible Populations
26 In Pasteurized foods used; prohibited foods not offered
Food/Color Additives and Toxic Substances
27 In Food additives:approved£r Properly used
28 In Toxic substances properly identified,stored£r used
Conformance with Approved Procedures
29 In Compliance with variance/specialized process /HACCP
60
Page 1 of 7
Page 17 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
� coon�Tari,rRacricEs �
Cood Rctail Practiccs arc prevcntativc mcasures to control thc addition of pathogcns,chcmicals,and physical objccts in foods.
OUI�Not in compliance COS=Corrected on site R=Repeat violation
I Co�►liance Status I COS I R I
I Safe Food and Water I
I30 I I Pasteurized eggs used where required I I I
I3� I I Water and ice fi-om approved source I I I
� 32 � �Variance obtained for specialized processing methods � � �
I Food Temperature Control I
� 33 � �Proper cooling methods used;adequate equipment for temperature control � � �
I 34 I I Plant food properly cooked for hot holding I I I
� 35 � �Approved thawing methods used � � �
I 36 I I Thermometer provided&accurate I I I
I Food Identification I
� 37 � �Food properly labcicd;original containcr � � �
I Prevention of Food Contarrunation I
I 38 I I Insects,rodents,&animals not present I I I
I 39 I I Contamination prevented during food preparation,storage&display I I I
I 40 I I Personal cleanliness I I I
I 41 I I Wiping Cloths;properly used&stared I I I
I 42 I I Washing fruits&vegetablcs I I I
�Proper Use of Utensils �
� 43 � � In-use utensiLs:properly stored � � �
I 44 I I Utensils,equipment&]mens:properly stored,dried,&handled I I I
I 45 I I Single-use/single-service articles:properly stared&used I I I
I 46 I I Gloves used properly I I I
I Utensils,Equipmeirt and Vencling I
� 47 � �Food&non-food contact surfaces cleanable,properly designed,constructed,&used � � �
I 48 I I Warewashing facilities:installed,maintained,&used;test strips I I I
� 49 � �Non-food contact surfaces clean � � �
I Physical Facilifies I
I 50 I I Hot&cold water available;adequate pressure I I I
I 51 I I Plumbing installed;proper backflow devices I I I
I 52 I I Sewage&waste water properly disposed I I I
I 53 I I Toilet facilities;properly constructed,supplied,&cleaned I I I
I 54 I I Garbage&refuse properly disposed;facilities maintained I I I
� 55 � �Physical facilities installed,maintained,&clean � � �
I 56 I I Adequate ventilation&lighting;designated areas used I I I
61
Page 2 of 7
Page 18 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Inspection Comments
October 28,2019
Ed Glavin
1212 Riverside Ave.
Fort Collins,Colorado 80524
Dear Mr.Glavin,
The plans and specifications submitted for the construction of Jimmy Johns to be located at 420 Steamer Drive,Suite 100 in Estes
park,Colorado,have been reviewed by this department.The following items were not clearly specified in the plans or were not in
compliance with the Colorado Retail Food Establishment Rules and Reaulations.These items must be clearly specified in writing or be
modified to be in compliance with the above regulations prior to approval of the submitted plans.The plans are not approved at this time.
All plans must be approved prior to commencement of construction.
Item 17 requires modifications to the proposed plans,and revised plans must be submitted.
PLEASE NOTE: This letter contains important information and advisements for the construction of the establishment. Establishment
owners are responsible for items noted in this letter. Please share this letterwith all involved parties,including the construction
superintendent and contractors at the construction site. If there are any questions regarding information in this letter or anything else related
to the construction and operation of the establishment,please contact me at(970)577-2051 or dmenzies@larimer.org.
Menu and Food Handling:
1. A rr�nu was provided as part of the plan review submission.The r�nu wi71 include a large variety of sandwiches.
1. Please review Larirr�r County Depatt�i�nt of Health and Envirornnern?s food safety resource page wl�ich mcludes valuable mfom�ation to assist with
safe food service practices inchading temperahu�e logs,date marking guidance,a list of accredited food safety managers courses,a sick employee policy,
and several additional resources.httnsl/www.larui�r.or�/health/safet�-sanitation nroararrn/food-safetv-nroQram
1. Written food handling procedures were provided with the plan review subrrtittal and are included Jim�rry John?s standard operating
procedures(SOPs).The written SOPs clid not include some key industry standards for ensiuing acfive rrranagerial control over food safety
including:
3.
a. Protocols to ensure prepared foods that rise in temperature during preparation undergo rapid cooling.Prepared
foods are required to be rapidly cooled from post-preparation temperature to below 41?F within four hours.This is
required for prepared products such as tuna salad,sliced tomatoes,sliced meat and cheeses,as well as
canned/jarred products that require refrigeration after opening.Covering these items immediately after preparation
and placing the products in the refrigeration units is not approved.Only after the product has quickly cooled to less
than 41?F,may the product be covered for storage.
b. Written policies for restricting and excluding ill employees was incomplete and did not include critical information
detailing symptoms of illness that would require staff exclusion or restriction from food service.Additionally,
exclusion periods were not detailed in the sick policy.Please be advised,The Colorado Department of Health 8�
Environment has adopted the 2013 FDA Food Code as part of the Colorado Retail Food Establishment Rules and
Regulations.A requirement under the Rules and Regulations is that food employees and conditional employees are
informed in a verifiable manner of their responsibility to report information about their health as it relates to
diseases that are transmissible through food.It is required that documentation is available upon request verifying
that food employees and conditional employees are informed of their responsibility to report illness to
management.For a printable illness policy template that meets these requirements,please visit:
https://www.larimer.org/sites/defau I�les/u ploads/2017/Icdhe�mployee-illness-policy-contract.pdf
• An employee�st be excluded from�wrk if the food employee is symptomatic with vo�ting or cliarrhea,jaunclice,sore throat with fever,
except wi�en the symptom is from a noninfectious conclition(examples:allergic reaction/intolerance).The employee cannot return until
they are symptom free for a rrrniirnaiY►of 24 hou�,but 48 to 72 hout�is reco�unended
62
Page 3 of 7
Page 19 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
• Employees cliagnosed with a Health Depatt�r�ent reportable illness such as Norovirus,Hepafitis A vin�s,Shigella spp.,Enterohemorrhagic
or Shiga ToxnrProducing Escherichia coli,Salmonella Typhi;or other enteric bacterial pathogen such as Salmonella or Campylobacter,
rnust be excluded from woriz.
• A physician?s approval and the health departrr�ent?s approval are req�rired before an employee can return to work if cliagnosed with any
of the infections listed above.
1. Please be advised,procedures for employees to followwi�en responcling to vortriting or diarrheal events within the establishment must be
developed For a printable giridance document regarcling Cleao-up Procedures for Vonrt/Fecal Events,please
visit:https://wvvvvlarimer.org/sites/default/files/unloads/2017/Icdhe-vor►Yt-cliatrheal-guidance.ndf
1. At the fime of the opening inspecfion,it is req�rired to have at least one employee,with supervisory and management responsibilities,that
holds a current food protecfion rrranager certificafion For a list of Certified Food Protection Manager training classes and exams,please
visit:httas://wwwlarimer.org/healtWsafet�-sanitatior�urograms/food-safet�-nro�rarr✓food-safet�-resources/certified-food
Equipment,Cleaning,and Accessibility:
1. Please be advised if the rr�nu changes or if the proposed refrigeration�hot holding eqwprr�nt is found to be madequate durmg roukme inspections,
addikional refrigeration will be required.
1. Heavy floor rmunted eqwprr�nt such as refrigerated make table coolers,reach-m coolers and freezers,and equiprr�nt stands/tables,rraast be rmunted
on casters to allow for rmbility and easy cleauulg ofthe eqwprr�nt,surrounding surfices and adjommg equiprr�rrt.The following eqiripment will be
required to be on casteis or on sis-inch sanitary legs:
1. The oven/prof�'er,the refrigerated reach in cooler and refrigerated prep coole�if they are not sealed in place.
2. The large CO2 tank and water heater rnust be provided with sis-inch leg lats to perrrrt easy cleaning.
1. Hea�y counter rmurrted equipment such as soft drink carbonators and ice and beverage dispensers,rmw�ted on stands,which canriot be easily rmved
for cleaning rraast be installed on four-inch sanitaiy le�s or neatly sealed to counters to facilihate cleaning.
1. Hard to clean spaces or gaps around equipment,courrters,utilities and plumbing rraast be elui�inated to provide for easy cleaning.All equipment,cabinets
or counters that are not mounted on casters or are not easily rr�veable(carb rr�unted or legs)rraist be:
L Neatly sealed to adjoirring walls,equipment,cabinets or counters;or,
2. Spaced'm accordance with Section 4-402.11 of the Rules and Regulations so the sw-faces of the floors,walls and e�terior sw-faces of equipment
and cabinets can be easily cleaned;or
3. Neatly sealed to adjoirvng walls,equipment,cabinets or counters.
1. Please be advised an approved srr�oth,easily cleanable,non-absorberrt,enclosure mist be installed between the top of the walk-ins,e�aust hoods
and/or other stationary equiprr�nt and the fmished ce�7ings if this area is 24 inches or less.
Ventilation:
1. T�vs operation is not approved for any type of grease cooking.Eqwprr�nt requirulg r�chanical ventilation l�as not been proposed.
1. Restroor�rraast be provided with mecl�amcal e�aust vetrt�ation to the oukside.Inforrnation was not provided on the restroom e�aust.
Plumbing:
1. It has been acknowledged that an indirectly drained food preparation sink with an 18 inch drainboard has been proposed.
1. Warewashing drain boards�aist be self-draining and directed to warewashing sink basins.24 inch drainboards have been proposed.
63
Page 4 of 7
Page 20 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
1. Please be advised,a splash guard is required to be installed betw�een the food preparation sink and the 3 compaitrr�ent warewashing sinlc
to prevent conta�ttinants splashing from one sink to the other.
1. It was mdicated that no garbage disposal wi71 be installed.
1. A hand washing sink is not easily accessible from the open top refrigerated cooler located adjacent to the food preparation sink,item 13 in
the plans.The current locafion of the hand sinlz�ould required a food worker to walk about 15?through the ware washing area to the far
wall of the latchen to access a hand sink,or walk approxirrrately 15?past the chive through window and main sandwich assembly area to
access the other hand sink in the kitchen An easy to access hand washing sinlz must be provided for this food preparafion area.
1. A rra�p sink for the disposal of mop water and for the purpose of fillmg mop buckets and cleaning mops l�as been proposed.
1. The mop sink rra�st be provided with hot and cold nnming water.
2. Mop and broom l�angers l�ave been proposed.
3. Storage shelves should also be provided to properly store deaning supplies and chemicals.
1. It was not indicated if chemical dispensing tmits will be provided at the ware washing sink,�p sink,or food preparation sink.Please be advised,if
installing chemical dispensing units at phm�bing fialw-es,the following is required:
1. Chemical dispcnsing units�aast be supplied with both hot and cold n�rmnig water at 3-compartri�rrt sinks and m�p sinks.
2. When instaIling chemical dispensers at the rmp sink,chcmical towers mast have an integrated ASSE 1055 backflow prevention device or bc
equipped with an air gap,or if chemical towers lack intcgratcd air gaps or backflow prevention devices,the use of wasting Ts in conjunction with
chemical towers is approved.
3. When installing chemical dispensers above the 3-compai-�Z�ent sink,the dish detergent and the sauiti�,er Yraist be stored above the soiled drain
board and/or waslvng basin of the 3-compartr�rrt sink,or below the drain board/sink.
1. Restroom fiat�n-es are based on the reqwrerr�nts of the 2009 International Phm�bmg Code. Since the total seating capaciry of the establislm�nt is 18,the
following restroom fixh�es are approved: 1 water closets and 1 la�atory in the men?s roorr�and 1 water closets and 1 la�atory m the worr�n?s room
1. The proposed water heating systerr�O.A Smith water heater,rn�del De150D,with a 61 gallons/how-recovery rate at 80?F rise and a 12 KW rat�g is
approved.The water heating system mast have a rrm�nigun recovery rate of 57.7 gallons/how-at 80?F rise or mast l�ave a ll.3 KW rating
1. Please be advised,all dra�s from equiprr�nt such as ware washmg sinks,food preparation sinks,ice maclvnes,ice bins,drink dispensers,drink
overflow drains,drink g�m holster dra�s,refrigeration/freezer tmits not provided with evaporarion pans,walk-in&n wuts,and water heaters,mast be
d�ected to a floor drain or floor sink and be properly aff gapped.
1. All floor sinks and floor drains must be installed so they are flush with the finished floor.
1. Please be advised approved,properly�stalled,backflow devices mast be provided on all subrr�rged�lets soft drmk carbonators,water so$eners and
beverage dispensers.Backflow devices on water lines subject to back pressure or contnluous pressure mast be equipped with backflow preventers that
are desig�ed for continuous pressw-e.
1. Please be advised,the excessive installation of surface mow�ted ufility/service lines is not approved per NSF installafion standards for
food/beverage service operations. Utility/service lines nuuung along the sw�face of finished walls,ceiling and floots,are not
approved and�st be installed behind cabinetry or within a framed wall.
1. Electrical conduit,plurnbing(water and ch�ain lines),data service lines,and other ufility/service lines must be located behind walls,
within cabinetry,above finished ceilings or belowfloors in finished food and beverage preparation/service areas.
2. If excessive electrical conduit,plwr�bing(water and ch�ain lines),data service lines,and other utility/service lines,are found surface
mounted in a finished room,the utility/service lines will be required to be boxed in or nm through a durable sheath to facilitate easy
cleaning.
3. External floor or wall mounted Uni-shvt or hard to clean brackets are not approved to support utility/service and ch�ain lines
Structure,Finishes,General:
1. Adequate fightu�g mast be provided where food is processed or stored,where equip�nt and utensils are cleansed,as well as in resiroorrr and bar
64
Page 5 of 7
Page 21 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
area.
L It is acknowledged that a sneeze guard will be�stalled above the mam sandwich assembly station to prevent coughu�g and sneezmg from custorr�rs
corrtammatmg foods.
1. To hetp prevent insect and rodent entry mto the building all outer operm�including doors and windows rra�st be kept closed or pem�anerrt screens or
air cwtains rr�st be�stalled on outer openings that wi71 be left open periodically.
1. The carry out window mast be self-closmg or must be provided with a screen.
2. Weather stripp�,tl�reshold and/or broom sweeps mast be installed on all outside doors to elic�m�ate gaps to the outside.
3. All exit and restroom doors rr�st be fitted with self-closw-es.
1. Please be advised floors,walls,ceilings,cow�ter tops,storage shelves,cabinets and all work sw�faces,located witl�ui all kitchen and food preparation
areas,storage areas,custodial closets,restroo�rn,serving areas,wait station,ware washing areas and walk-ins�xast be of an approved material tl�at is
smoott�,durable,non absorbcnt and easily cleanable.
1. Ceranric cove tile has been proposed in the latchen.Please be advised,the base of cove tiles must be laid at an elevation flush with
the floor tile.Cove tile may not be laid on top of floor tile?top set?w�ich creates a 'chfficult to clean 90?at the base of the cove tile
w�ere it sits on the floor tile.
1. The outside trash and recycling areas rraast be located on a cleanable sw-face of concrete ar machule laid asphalk
1. Please be advised,in order to protect wildlife from mtrusion orrto the grotmds of the establislm�nts,all refuse,oil and grease mast be deposited of in a
Wildlife Resistant Corrtamer or Wildlife Resistant Fnclosw-e.
1. Wildfife Resistant containers mast rr�et the standards of testing by the Living with Wildlife Foundation and ha�e a?pass�g?rating by the
Interagency Grizzly Bear Committee(IGBC)as bear resistarrt for 60 rninutes.
2. Wildlife Resistant Enclosw-es means an enclosed structure consisting of fo�sides,a roo�and a sec�e doar or cover,which shall l�a�e a latch�g
device of sufficierrt design and strength to prevent access by wildlife.
1. Toxic materials and surplus cleamng supplies rraast be stored below or away from food preparation areas,food,utens�l and single service item storage
areas and ware washing facilities.
1. An area for adequaie storage of employee?s personal iterrn has been proposed.
1. The following iterrn are required:
34.
a. food product thermometers scaled 0 to 220?F,digital thermometers or thermocouple
b. food handlers?gloves and finger cots
c. approved sanitizer
d. test strips forthe sanitizer
e. maximum read thermometer or heat labels for the high temperature dish machine
The plans cannot be approved at this time.Once item#17 have been submitted in writing,the plans will be reviewed forfinal
approval.After the last item is submitted,the department will review the plans and resubmittals within 10 working days.
Please feel free to contact this department if questions arise,or if I can be of further service at(970)577-2051 or at
dmenzies@lari mer.org.
S i ncerely,
David Menzies, REHS
Sr.Environmental Health Specialist
65
Page 6 of 7
Page 22 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
cc: Town of Estes Park Division of Building Safetyvia electronic mail
Risk IndeX Rating: Not Rated FouoW-up x�u�ed: rro
Risk Index Calculation Info: httn://www.larimer.ore/food/RiskIndexInfo.html Follow-up Date(on or about): NA
InspectedBy: Phone: Fd3S�nail:
MENZIES,DAVID 970-577-2051 dmenzies@]arimer.org
Recei�+ed By: Recei�+ed By I�}nail: Recei�d By Phone:
David Menzies dmenzies@larimer.org
Food Safery Resources:
httnsJ/www.larul�r.or�/healtWsafetv-sanitarion-nroararrn/food-safetv nroararr�food-safetv resoin-ces
Visit the Food Inspection Reporting web site at www.larin�r.or�/food
Food Safety Traming 970-498-6008.www.larm�r.or�/ext
66
Page 7 of 7
Page 23 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
From: Eris Audette <eaudette@safebuilt.com>
Sent: Wednesday, May 6, 2020 9:38 AM
To: Ed Glavin
Cc: David Stolte
Subject: Re:Jimmy Johns Sign Off
This message originated outside of Saunders Construction. Even if this looks like a Saunders e-mail, it is not.
Thanks Ed-
Yes, that is correct, we are only pending approvals from Planning & Public Works.
Jimmy Johns-
Bldg: Appvd- 4/30/20
Planning:
PW:
L&P: appvd 4/24
Water: appvd-4/24
Fire: Appvd-4/28/20
Sani: APPVD - 4/29/20
State Electrical: Appvd
LC Health: Appvd- 5/6/20
Thanks-
Eris
From: Ed Glavin <E.Glavin@saundersheath.com>
Sent:Wednesday, May 6, 2020 9:01 AM
To: Eris Audette<eaudette@safebuilt.com>
Cc: David Stolte<d.stolte@saundersheath.com>
Subject:Jimmy Johns Sign Off
Hi Eris,
See attached email from David Menzies with Larimer Health dept. This should sign off Jimmy Johns health dept
hold. Along with the state electrical sign off I sent on Monday. With that said can you confirm that we just have a hold
from Planning and PW's at this point?
Building and Sanitation should both be signed off based on inspections with Gary and Ron Duell.
Thanks
Ed
Jimmy Johns-
Bldg:
Planning:
67
i
Page 24 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
PW:
L&P:APPROVED
Water: APPROVED
Fire: APPROVED
Sani:
State Electrical: APPROVED
� ��������
�
Ed Glavin
Project Manager
1212 Riverside Avenue,Suite 130, Fort Collins,CO 80524
d (970)490-8067 0(970) 221-4195 m (970)657-1471
E.Glavin@saundersheath.com
www.saundersheath.com
CONFIDENTIALITY NOTICE:This email transmission,and any documents,files or previous email messages attached to it,may contain confidential information,some
or all of which may be legally privileged.If you are not the intended recipient or a person responsible for delivering it to the intended recipient,please be advised that
any disclosure,copying,distribution or use of any of the information contained in or attached to this email transmission is prohibited.If you have received this email
transmission in error,please immediately notify us by reply email or via telephone,and destroy the original email transmission and its attachments.
68
2
Page 25 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
DocuSign Envelope ID:C508EB95-17FD-4168-8A49-925852640F24
Action Item 2 E�ch ib it F
EXH181TA �to accompany Buildrng Permit 8-11�10�
Town of Es[es Pork:Stipulations approva!for Issuance of Building Permit B-11110, location 420 Steamer
Drive(Alarado Business Park:core/she!!permitJ
Town agrees to issues said building permit upon owner/de�eloper's written acknowledgement of and
agreement to the following stipulations, in addition to satisfying alf other obligations for permit
issuante, including payment of fees:
1. The Planning Commission condition#1 for Development Plan approval (Oct. 16, 2018) is
to be satisfied prior to,or approval and issuance of,the first-requested tenant finish
building permit far the subject structure. PC Condition#� reads as follows:
The proposed eastbound through lane on US 34 is subject to finai approval by
Public Works and CaOT, including, but not limited to: private driveway impact,
drainage analysis, and confirmation of appropriate lane length to properly
mitigate level of service.
2. Security(e.g., letter of credit) is to held by the Town for the U5 34 improvements referenced
above for the duration of the US 34 work, and is to be retained until completion,+nspection and
acceptance of the US 34 work.The security is to be pro�ided and acknowledged by the Town
prior to issuance of the first tenant finish building permit for the subject structure.
3. All US 34 improvements are to be be completed and accepted by the appropriate entity(s)
(Town, Cb01', or hoth,as may be required hy praject protocals) before a final CO is issued for
the limmy lohn's facility.A TCO may be available for the limmy lohn's facility if the US 3�k wor�c
is substantially near completion and a clear compfetion date has been iden#ified and
acknowledged by all parties.
For the 7own of Estes Park, C0:
� � !`"4 ��l ��^�l+f f��n� Name
" � ' � �
��,un�i1n�v ��,J�.�'�►�c{�rTitle
6 7 — {��O �� Date
,4�e �Prnperties LLC:
wel l s Name
tlLI.VVIFi IMOCV4D/... '
Partner Title
July 11, 2019 � 1:44 PM MDT
Date
69
Page 26 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 E�ch ib it G
EXHIBIT A [#o accampany Building Rermit B-1 '1223]
Town af Estes Park: Stipulations approvalfor issuance tf�uilding Permit No. B-9 9223]
{toca#ion: 420 Steamer Drive-Alarado Business Park:care/shel!permit}
7own�grees ta issu�said bui�ting permct upon ownertdaveloper's written acknowledgement of
and agreement to the follc�win�stipulations, in addition to satisfying ali other obligations for
perrnit issuance, includirg payment af fees:
1. It as acknowledged that substantial d�sign worlc is underway fvr the trafific signal�zation proj�ct
at the intersection of U.S. Hwy. 34 (Big Thompson Ave.)and Steamer l�r. in �stes Park,
including preliminary cost estimat�s for the signa!anci assaci�ted materials and labor is
�nlikely to excesd approx. $40fl,0�0.
2. Alarado Prapertie�LLC("Develaper"}and the Town of Estes Park ("Tvwn") have agreed that khe
signalizati�n cas#and work wi11 be borne by the Developer, upon approval by Tawn's Public Wark�
Dept., Colorado Dept. �g Transportatian {CDOT), arad any ofher permitting �uthorifies. °
3. It is acknowiedged th�t oth�r infrastructure work in �r adjacent to#he public right-of-way is also
required of the Dev�lop�r in�s�Qciation with the Alaradc�Business Parlc pr�ject, and that the cost
of such work i�unlik�ly to exc�ed approx. �2�a,OnO,
4. Per discus�ians witn ti��Qevelnper and#heir design professionals, completed and�pproved
cvnstruction plans�nd fi�alized cost estimates are n�ot comple#e and unlikely to b�immediat�ly
compfeted.
5a Application and plans for Building Permit Na. 8-11223, �t�nant finish for�he Urg�nt Medical Care
facility in the Alarada building, h�s been filed and is in the latt�r�tages of review tow�rd ap�Oroval;
hawever, the items in Stipulatian#4 abov�ar� unlikely to be compl�ted and appraved by th�time
8-11223 permit reviews and appravals are finished.
6. Therefore,the Tov+m and khe Deveioper agree th�i the Tawn will accept a L�#ter c�f Cr�dit from
Deveiaper's lender far a not-to-exce�ed amaunt af$6�O,D00, said security instrument haveng b�en
provided ta ths Town in aduance af the appraval vf construetion plans�nd final co�t estimates for
the�forementian�d infrastructure work.
7. Nothing ir�this Exhibit�xpressly or implicikly alters any ather r�quirements of the Building Permit
review�nd issuance process fQr Building Perrnit tU�. 8-11223, nor any requirements for fulfillment
of t�re Developmen#Plan fiar Al�arado Business park.
8. All stipulations agre�d ta E�y the Town and the developer'in Exhibi#A ta Building Perrrtit Na;.
B-11110, exec�ated on JuBy 11, 20�9, remaira in eff�ct.
For tne Towrr of stes rk, G�: F�arr,I, ,�' o Propertie LLC:
,l ' j.
��
tSegnature ` _� Signature
,
���� �`��4`� ..,Name � ���-1� �i I N _�� S �Name
� , �
� i��a� ��` t . � r Title ���R1 � � Title
� � �. � � l�. aate IZ 1.3. I I' �ate
70
Page 27 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 E�ch ib it H
Subject: FW:Alarado Signal Crossing
Hi Lonnie,
Glad to provide this comment document. As you see, it was sent to
Randy and copied to others in Town + CDOT. My instructions are to
funnel everything through Planning which will then distribute to
applicants and others outside the Town. I will always provide you and
anyone at VHE any document from PW directly upon request. Never
hesitate to contact me for something you are missing. I hope this helps.
Jennifer Waters, EIT
71
i
Page 28 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib it I
Subject: FW:Alarado Signal Crossing
Jennifer Waters <iwaters(a�estes.orq> Thu, Feb 27, 12:00 PM
to Ed, me
Good morning,
Since hearing about the Alarado Signal comments yesterday, I
examined the source of the "Reply All" instructions. Below you will see
the distribution email I received from Randy Hunt with the yellow
hand emoji pointing to "Reply All." The list of recipients in that email
includes neither of you. I apologize about my strict interpretation of
replying with my comments only for the group above that instruction. I
have learned much since January 17 when I had been on the job for
less than two months. I was also not connecting VHE or Saunders
Heath with the review because neither of your companies are shown in
the title block of the traffic signal drawing. Should have seen
VHE below Randy's email. All comments will be distributed widely and
correctly in future.
Jennifer Waters, EIT
---------- Forwarded message ---------
From: Randy Hunt <rhunt(a�estes.orq>
Date: Mon, Jan 6, 2020 at 4:49 PM
Subject: Fwd: US Hwy 34 @ Steamer Drive - 420 Steamer Drive - Signal Light Design
To: Steven Rusch <srusch(a�estes.orq>, Chris Thomas <cthomas(a�estesparksanitation.orp>,
Eris Audette <eaudette(c�estes.orq>, Karla Sterling <ksterlinq c(r�.estes.ora>, Megan Van
Hoozer <mvanhoozer(a�estes.orq_>, James Duell <iduell(c�estesparksanitation.orq>, Ronald
Duell <rduell(a�estesparksanitation.orq>, Chris Bieker <Chris(a�utsd.orq>, Todd Krula
<todd(a�utsd.orp>, Melissa Mason <Melissa(c�utsd.orq>, Matt Allen <matt(c�utsd.orq>,
Prevention <prevention(a�estesvallevfire.ora_>, <pat.kreaqer(a�xcelenerqv.com>,
<iustin.wallace(cr�.centurvlink.com>, <nicole.lewis(cr�.tdstelecom.com>, Tim Bilobran
72
i
Page 29 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
<Timothv.Bilobran(a�state.co.us>
Cc: David Hook <dhook(a�estes.orq_>, Jennifer Waters <iwaters(a�estes.ora>, Karin Swanlund
<kswanlund(a�estes.orq>, Travis Machalek <tmachalek(c�estes.orq>, Greg Muhonen
<amuhonen(a�estes.orq>, Randy Hunt <rhunt(a�estes.orq>
TO REVIEWING AGENCIES
The Town of Estes Park Community Development Department has accepted the below
referenced development application(s) as complete for review.
COMMENTS DUE FRIDAY,JANUARY 17, 2019.
� PLEASE "REPLY ALL" WITH YOUR COMMENTS.
PROJECT NAME, TYPE, & LOCATION
Name: US 34 at Steamer Drive - Traffic Signal Concept Design [reference: Alarado Business
Park Development Plan; Town of EP Building Permit B-11110]
Type: InfYastructure Design Plan
Address: 420 Steamer Drive
Legal Description: n/a
EMAIL COMMENTS TO:
Consultant: Lonnie Sheldon, lonnie�vanhornen�ineerin�.com
Planner: Randy Hunt, rhunt(a�estes.org
Description: Traffic signal proposed for design/construction by developer of Alarado
Business Park in connection with traffic impacts associated with the project. Town staff will
forward all comments to CDOT at review deadline.
Documents attached (Sheet 1 of 1).
Thanks,
RAH
Randy Hunt, AICP
Community Development Director
73
2
Page 30 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Town of Estes Park
170 MacGregor Ave.
PO Box 1200
Estes Park, CO 80517
direct: 970-577-3719
main: 970-577-3721
email: rhunt(c�estes.orq
http://www.estes.orq
74
3
Page 31 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Actian Item 2 E�ch ib it J
Alarado (420 Steamer Drive)
Traffic Signal Proposed for Steamer Drive and US 34, Estes Park
Public Works — Round 1 Response
January 17, 2020
Summary Narrative
The traffic signal plan Yeviewed is dated 10�25�2019 (Lantz Associates). Although the signal will be
situated within CDOT right-of-way, responsibility for design and construction (including all costs)
rests with Alarado Properties which must mitigate the traffic impacts of its development at 420
Steamer Drive. The current plan is understood to represent a preliminary design review. Since this
review was not coordinated with CDOT, the comments herein focus on satisfying local conditions
and regulations. A future review (Round 2) must rely on CDOT participation to proceed.
Public Works requests revisions and a more complete traffic signal plan submittal. The
comments that follow represent analysis and discussion by a team assembled in Public
Works.
Comments for Revised Traffic Signal Plan
1. Town of Estes Park review comments for Round 1 shall be coordinated with CDOT comments,
if provided. Consultation to resolve conflicting reviews is requested.
2. Resolve the appropriateness of using a CDOT plan template for a privately funded signal project.
3. Provide a complete progression analysis that addresses all phases of this intersection.
a. Identify how the new signal will coordinate with the existing downtown progression plan
and signal timing and confiYm that it will Yemain unchanged. Include equipment
compatibility and interconnect details with the downtown tYaffic signals going west:
1) US 34/US 36;
2) mid-block ped crossing;
3) Flkhorn�Riverside�Virginia; and
4) Elkhorn/Moraine/Big Horn.
b. Include queue analysis on all legs and propose solutions if queues interfere with the
function of driveways. In particular, ouY review yielded concern that the easternmost
driveway from the Visitors Center will be blocked by queued EB traffic, thus adversely
impacting the left turn exit maneuver of Town shuttle busses, RMNP shuttle busses, and
other visitor/employee traffic from that parking lot.
4. Provide direct information (or resource references) to assist Yeviewers in understanding the
Phasing Sequence diagram shown on the plan.
5. Add drawing elements including callouts, shading, symbols, and a complete legend to aid in
identifying infrastructure (e.g., lanes, shoulders, crosswalks, sidewalk, trail, and cabinet). Clearly
distinguish existing and proposed items.
Page 1 � Public Works Comments (Round 1)—Alarado Traffic Signal 75
Page 32 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
6. Rework crosswalk alignment for Steamer Drive to achieve a crossing configuration similar to US
34/US 36 and Elkhorn/Riverside intersections. For crossing along north side of US 34:
a. Cross right turn lane on US 34 from NE pedestal pole to new curbed refuge island
(currently a painted island). For drainage, reference LCUASS Appendix A-Standard Drawing
709 (Standard Details for Drainage Under Sidewalk);
b. Cross Steamer from new refuge island to e�sting refuge island with new ADA ramps;
c. Cross e�sting refuge island using new travel path;
d. Cross right turn lane on Steamer to arrive at vertex of existing sidewalk.
7. Add crosswalk design to convey pedestrians across US 34.
a. Ideally, crosswalk would exist on both the east and west legs of the intersection.
b. For crosswalk on only east leg, align the crosswalk from just east of the proposed signal
pole on the SE corner of the intersection to a new curbed refuge island discussed in 6a.
c. Crosswalk on west leg only may also be considered as viable alternative.
8. Show how pedestrians will safely cross golf course parking lot driveway in both directions along
multi-use trail on south side of US 34.
9. Confirm overall layout of pedestrian paths including system of pedestrian push buttons operating
signals for enteYing crosswalks.
10. Provide 2 feet minimum clearance between the exisring shared-use path and new infrastructure
(e.g., cabinets, poles, foundations). See EVDC Appendix D.V.2 and LCUASS 17.3.2. Account for
cabinet front clearance per Note 6 on plan.
11. Explain why there is no need for a camera on the 40' mast arm for WB traffic (none shown).
12. The sign shown for US 34 shall read "Big Thompson Ave" and shall include the symbol for US
34 rather than the text. Signs shall conform to MUTCD Chapter 2 D.43.
13. Fifteen (15) lane control signs are identified in the quantities table. Sign S1 (left arrow) is the only
sign detail shown on the plan,with S1 labeled in only 2locations on the mast arms. ClaYify the
quantity and locations of other lane control signs for driver operations.
14. Confirm whether or not street lighting is proposed for this intersection. If so, provide
photometric lighting design.
15. Provide complete civil site plans that address all other infrastructure improvements to support
the traffic signal design submitted,including but not limited to:
a. Vertical and horizontal survey control;
b. Demolition and removals;
c. ADA ramps and pathways;
d. Striping for crosswalks, stop bars, lane lines etc;
e. Sidewalks, curb &gutter, refuge islands (including snow plowing);
£ Grading and drainage.
Jennifer Waters, EIT
Public Works
Town of Estes Park
Page 2 � Public Works Comments (Round 1)—Alarado Traffic Signal 76
Page 33 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib it K
Town staff are open to allowing the Jimmy Johns to open for deliveries only, prior to the completion of
the traffic signal, under a number of conditions. I'd propose we put these into a development
agreement that would also include the waiver and release of any claims the developers might have
against the Town. The conditions would be as follows:
1. The traffic signal design, including the technical details for a communication link from the new
signal to all the downstream signals on US 34, must be completed to the satisfaction of the Town and
CDOT, as expressed in writing, prior to the issuance of a TCO for the proposed fast-food use.
2. A traffic progression analysis, confirming this new signal can communicate and interface with the
downstream traffic signals on US 36 as needed to maintain an acceptable coordinated flow of traffic EB
and WB on US 34 during the summer guest season, must be approved in writing by the Town and CDOT
prior to the issuance of a TCO for the proposed fast-food use.
3. A copy of the contract cost and schedule for the installation of the traffic signal, and all associated
civil infrastructure work at the intersection of Steamer Drive and US 34, must be approved by the Town
as realistic and adequately detailed prior to the issuance of a TCO for the proposed fast-food use.
4. Evidence must be provided,to the Town's satisfaction,that all traffic signal materials have been
ordered, and the expected delivery and installation dates identified, prior to the issuance of a TCO for
the proposed fast-food use.
5. A letter of credit or cash deposit in the amount of 150%of the traffic signal improvements bid
amount, and in a form satisfactory to the Town, must be provided for the incomplete intersection and
project site work remaining prior to the issuance of a TCO for the proposed fast-food use. Securities
already provided to the Town shall be accepted as contributing to this security requirement,to the
extent that the Town confirms in writing at a future date that other improvements of the development
no longer require their existing securities.The Town may draw upon such securities if any letter of credit
is within a week of expiring or if the developer fails to comply with this development agreement,
including if the traffic signal is not installed and operational within the deadlines described below.
6. The Town will issue a TCO for the proposed fast-food use, but restricting the use to a deliveries-
only operation,with no drive-through or in-house sales permitted. The Town's Code Enforcement
Officer may conduct random inspections at the Alarado Business Park to ensure compliance with the
deliveries-only stipulation. The deliveries-only operations may continue under the TCO until such date
that (a)the TCO would expire naturally under the Town's codes and procedures; (b) the traffic volumes
on US 34 exceed 9000 vpd at the CDOT count station near Mall Road (expected in June 2020); or(c)the
traffic signal is installed, inspected, and accepted by the Town and CDOT as applicable; whichever occurs
first.
7. If the daily traffic volume at the aforementioned CDOT US 34 count station at Mall Road exceeds
9000 vpd and the traffic signal has not yet been installed, inspected, and accepted by the Town and
CDOT,Town staff will notify the developer, and deliveries from the fast-food use will thereupon be
further restricted to bicycles only. Deliveries via motor vehicles will be prohibited until the traffic signal
is installed, inspected, and accepted.
8. The fast-food use may commence full service operations after CDOT and Town approval of a
completed traffic signal at the intersection of US 34 and Steamer Drive, provided that public health
77
Page 34 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
directives and any other regulatory aspects pertaining to full-service operations shall also apply. The
TCO will remain in effect if a temporary traffic signal is installed, and the unrestricted CO will be issued
upon completion, inspection, and acceptance of the permanent traffic signal by the Town and CDOT,
provided that all other requirements for issuance of a final CO are also met to the Town's satisfaction.
9. If the permanent signal is not installed, inspected, and accepted by the Town and CDOT by
November 6, 2020,the applicant shall immediately replace the letter of credit with a cash deposit in the
amount of 150%of the bid amount for the incomplete traffic signal work. The Town may for this
purpose present and draw upon the letter of credit if the developer does not accomplish the cash
deposit at such time. If the permanent traffic signal is not installed, inspected, and accepted by the
Town and CDOT by April 1, 2021,the Town will draw upon the cash deposit to install the signal, and may
engage a contractor to complete the work. In that circumstance, any unspent deposited funds will be
returned to the applicant upon final completion and acceptance of the signal improvements.
Town staff are willing to discuss their rationale behind these conditions if that is something your clients
request. In short, it comes down to trip counts and level of service at the intersection.
If your clients are amenable, I would draft up the agreement.
78
Page 35 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 E�ch ib it L
From: Dan Kramer <dkramer@estes.org>
Sent: Thursday, May 7, 2020 1:00 PM
To: Stewart Olive
Cc: Dan Sapienza; Kristine Smith
Subject: Re:Alarado
Stewart,
No,that's when the group is available. We provided a detailed path forward for the Jimmy John's on April 20, in
response to the developer's request. The Jimmy John's has no other path to a CO at this time, due to conditions of the
building permit that the developer agreed to. We have already had that conversation with the full group.
Dan
On Thu, May 7, 2020 at 12:34 PM Stewart Olive<stewart@olivelaw.com>wrote:
Dan
Thanks for getting back to me. Is there any way we could do the call tomorrow or at the latest Monday? The building
and the Jimmy John have apparently passed all inspections at this time.
Stewart W. Olive
Attorney at Law
March & Olive, LLC
970-484-3990
970-482-5719 fax
CONFIDENTIALITY NOTICE
This e-mail transmission and any accompanying documents contain information belonging to the sender which may be
confidential and attorney-client or attorney-work-product privileged. This information is intended only for the use of the
recipient named above and any other person who has been specifically authorized to receive it, and the referenced legal
privileges are not waived by the virtue of the information having been sent by e-mail. If you are not the intended
recipient, you are hereby notified that any use, disclosure, distribution, copying, or action taken in reliance on the
contents of the information contained in his e-mail is strictly prohibited. If you receive this email in error, or if any
problems occur with the transmission, please notify the sender. Thank you.
From: Dan Kramer<dkramer(�estes.or�>
Sent:Thursday, May 7, 2020 11:52 AM
To: Stewart Olive<stewartC�olivelaw.com> 79
�
Page 36 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Cc: Dan Sapienza <Dan@bmarchlaw.com>; Kristine Smith <kristine@olivelaw.com>
Subject: Re: Alarado
Stewa rt,
We could do next Thursday at 3. Would that work for you all?
Dan
On Wed, May 6, 2020 at 9:23 AM Stewart Olive<stewart(�olivelaw.com>wrote:
Dan
Any word on setting up the conference call between you, town staff, me and Alarado construction representatives?
Please advise.Thank you.
Stewart W. Olive
Attorney at Law
March &Olive, LLC
970-484-3990
970-482-5719 fax
CONFIDENTIALITY NOTICE
This e-mail transmission and any accompanying documents contain information belonging to the sender which may be
confidential and attorney-client or attorney-work-product privileged. This information is intended only for the use of the
recipient named above and any other person who has been specifically authorized to receive it, and the referenced
legal privileges are not waived by the virtue of the information having been sent by e-mail. If you are not the intended
recipient, you are hereby notified that any use, disclosure, distribution, copying, or action taken in reliance on the
contents of the information contained in his e-mail is strictly prohibited. If you receive this email in error, or if any
problems occur with the transmission, please notify the sender. Thank you.
80
2
Page 37 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
_.
'� Daniel E. Kramer
Town Attorney
Town of Estes Park
(970) 577-4761
_...
� Daniel E. Kramer
Town Attorney
Town of Estes Park
(970) 577-4761
81
3
Page 38 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�ctiorr Item 2 Exh ib it N1
MARCH& OLIVE,LLC qRTHUR E.MARCH
J.BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW 1908-198]
STEWART W.OLNE 1312 S.College Avenue ARTHUR E.MARCH,JR.
FORT COLLINS,CO 80524 1933-2005
(970)482-4322 JOHN W.PHARRIS
FAX(970)482-5719 Retired-2019
May 12, 2020
Dan Kramer Via Email
Town Attorney
Town of Estes Park
170 MacGregor Ave.
Estes Park, CO 80517
Re: Alarado Business Park
Dear Mr. Kramer:
Alarado will be treating your email of May 7, 2020, wherein you stated the Jimmy John's has no
other path to a CO at this time except to fully comply with the conditions set forth in your email
of Apri120 as a final decision denying the issuance of a CO/TCO to Jimmy John's. Based on the
foregoing, an appeal is being lodged with the Town Board of Trustees seeking a hearing on this
matter for May 26, 2020. A copy of the appeal letter is attached for your information. As stated
in the appeal letter,the conditions set forth in your Apri120 email will, in all likelihood, result in
the Jimmy John's not being able to open in any form for the 2020 summer season. As you can
imagine, this forms an undue hardship to Alarado.
In order to avoid the necessity of appeal, I am authorized to make the following counteroffer that
would ensure the construction of the traffic signal at Steamer Drive and U.S. 34 and also allow
the Jimmy John's restaurant to operate for the 2020 suminer season.
We propose a development agreement that includes no waiver or release of claims by Alarado,
but that includes the following conditions:
1. The traffic signal design, including the technical details for a communication link from
the new signal to all the downstream signals on US 34, must be completed to the
satisfaction of the Town and CDOT, as expressed in writing, prior to the issuance of a
TCO for the proposed fast-food use.
2. A traffic progression analysis, confirming this new signal can communicate and interface
with the downstream traffic signals on US 36 as needed to maintain an acceptable
coordinated flow of traffic EB and WB on US 34 during the summer guest season, must
be approved in writing by the Town and CDOT prior to the issuance of a TCO for the
proposed fast-food use.
3. A copy of the contract cost and schedule for the installation of the traffic signal, and all
associated civil infrastructure work at the intersection of Steamer Drive and US 34, must
82
Page 39 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
be approved by the Town as realistic and adequately detailed prior to the issuance of a
TCO for the proposed fast-food use.
4. Evidence must be provided,to the Town's satisfaction, that all traffic signal materials
have been ordered, and the expected delivery and installation dates identified, prior to the
issuance of a TCO for the proposed fast-food use.
5. The existing letter of credit or cash deposit in the amount of$600,000,would be
available as security in the event the work for the traffic signal at the intersection were
not timely completed. The Town may draw upon such securities if any letter of credit is
within a week of expiring or if the developer fails to comply with this development
agreement, including if the traffic signal is not installed and operational within the
deadlines described below.
6. The full CO will be issued upon completion, inspection, and acceptance of the permanent
traffic signal by the Town and CDOT,provided that all other requirements for issuance
of a final CO are also met to the Town's satisfaction.
7. The Town will issue a TCO for the full operation of the fast-food use, subj ect to the
state's and county's Covid-19 orders.
We believe that this offer meets the needs of the town in ensuring the timely construction of the
traffic signal at Steamer Drive and U.S. 34, while allowing the Jimmy John's to open
immediately and provide service during the 2020 summer season.
I understand that the Town's staff is concerned regarding the effect that the Jimmy John's would
have on the traffic in the neighborhood. The Traffic Study for the project estimated that the full
project will generate at peak times as many as 35 trips per hour onto Steamer Drive from US 34
and 35 trips per hour onto US 34 from Steamer Drive. Per the study, current traffic peaks at 210
cars onto Steamer Drive and 307 onto US 34. This means peak traffic from Alarado will
increase by 17%onto Steamer Drive and 11% onto US 34. Under full operation Jimmy John's
would account for approximately 66%of the site generated traffic, resulting in the peak expected
increase in traffic from the Jimmy John's to be about 20 vehicles per hour from US 34 onto
Steamer Drive and 20 vehicles per hour from Steamer Drive onto US 34. The increased traffic
would be a temporary inconvenience for the neighbors, which would be permanently remediated
with the installation of the traffic signal in the fall. I am authorized to state that Alarado's largest
neighbor,the Stanley Hotel, supports the issuance of the CO/TCO to allow the Jimmy John's to
operate prior to the traffic signal being installed.
Due to the rapidly approaching summer season, response to this letter needs to be provided on or
before May 22, 2020. As always,please contact me with any questions or comments you may
have.
Sincerely, _:,,
�..� -��
�Stewart W. Olive
Attorney at Law
83
Page 40 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib it N
I]���(�� ,���Q�I�1���� Traffic & Transpor�atian Engineerir�g _� =��'�I �
2272 Glen Haven Driu� Loveland, Colorada 80538 �"� ; ��
P�on�: (970) 869-2061 Fax: (970) 6fi9-5034 ��,,.� r
/
MEMORANDUM
TO: Dan Sapienza, March & �live LLC
Town of Estes Park
FR�M: Matt D�lic#�
DATE: Ju�e 15, 2Q20
SUBJECT: Alarado Business Park— US34 Traffic Analyses
(Ffle: 2041 M�O�)
This memorandum provides a comparison of the daily traffic counts ar�US34,just east of the
US34(Big Thampsar�Avenue)ISteam�r intersection in Estes Park. 1"�e purpose is ta determine the
change in traffic on US34 due to the impact of the Covid-19 issues.
Estes Park is the gateway towr�on the east side o�Rocky Mountain National Park{RMNP).
During the`�igF�seasvn' (typically May—Oetober), Est�s Park experiences sig�ificant taurist related
traffic. �ne of#he primary routes tolfrom Estes Park is US34_ Due ta the CovicE-19 pandemic,
RMNP �isitation will be limited ta 60 percer�t of its narma� operation. This is expected to ha�e an
impact an the traffic on US34, as well as the general tourist re[ated businesses in Estes Park.
The daily traffic counts were obtained in August 2019 and June 2020, as shown in Figure 1.
Both counts were abtained during t�e 'higi� season' in Estes Park. The daily trafFic in 2�20 is 76
percent{�1,633I15,305} of the traffic in 2019. The reduction in traffic an US34 is 24 percent due to
the Cavid-19 pandemic.
This reductian in t�e traffic on US34 will have an impact on the aperation af the
US34/Steamer inte�section. As documented in the Alarado Business Park Traffic Irnpact Study,
August 2018, the subject intersec#ion did not meet the Estes Park operational criteria in the
afternoon peak hour with th�cfe�eiopm�nt af the Alarado Business Park. This includes the Jimmy
John's Restaurant. With the abo�e cliscussed reductior� {24 percen#) in the approach traffic, it is
expected that the subject intersect�on will meet Estes Park operational criteria with stop sign control.
Therefare, the signa! (mitigation measure to achie�e future operation}would not be necessary at
#his tirne, and, as sucF�, could be delayed to a future date.
With regard to the signal warrant analyses as documented in the US34ISteamer
Intersection Traffic Signal Warrar�t Analysis, Augus� 2019, it is doubtful that Warrant 1: Eight-
Hour Vehic�e Volurnes; and Warrant 2_ �our-Haur Vehide Volumes would be met if the abo�e
reduction (24 percent) were applied to the approach traffic �o�umes at the US341Stearrmer
intersection. Therefore, it is likely that the signal installatian could be delayed at this time.
It is concluded that, with the reduction in tra�c, the .limmy John's Restaurant, as well as
ather compor�ents of the Alarado Business Park, could be fully opened pr�or to instalGation af the
traffic signal at the US341Stearner intersectior�. It is expected that the operation at this intersection
will meet the Estes Park operationa!criteria with stop sign contral. Do not hesitate to contact me if
there are questions ar if additional infarmation is required.
84
Page 41 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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Page 42 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�ction I tem 2 Exh ib it O
AL.ARAD� BUSfNESS PARK
TRAFFlC IMPACT STUDY
ESTES PARK, COL�RADD
AUGUST 2018
Prepared for:
Alarado Properties LLC
1911 Arrowheac� Dri�e
Holdreg�, NE 68949
Prepared by:
DE�.ICH ASSOCIATES
2272 Glen Ha�en Dri�e
Estes Park, C� 8053$ ��,�"��`�'`:�
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Phone: 9T0-669-206'f �`� r: �-
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86
Page 43 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
TABLE OF CONTENTS
I. INTRODUCTION........................................................................................................ 1
II. EXISTING CONDITIONS.......................................................................................... 3
LandUse......................................................................................................................... 3
Roads.............................................................................................................................. 3
ExistingTraffic................................................................................................................. 3
ExistingOperation...........................................................................................................6
III. PROPOSED DEVELOPMENT................................................................................. 7
TripGeneration ............................................................................................................... 7
TripDistribution ............................................................................................................... 9
TrafficAssignment........................................................................................................... 9
Background Traffic Projections ....................................................................................... 9
TotalTraffic ..................................................................................................................... 9
SignalWarrants............................................................................................................... 9
OperationsAnalysis ...................................................................................................... 16
Geometric Requirements .............................................................................................. 19
IV. CONCLUSIONS/RECOMMENDATIONS .............................................................. 23
LIST OF TABLES
1. 2018 High Season Peak Hour Operation ..................................................................6
2. Trip Generation ......................................................................................................... 7
3. Short Range (2023) Background Peak Hour Operation .......................................... 17
4. Long Range (2040) Background Peak Hour Operation........................................... 17
5. Short Range (2023) Total Peak Hour Operation ..................................................... 18
6. Long Range (2040) Total Peak Hour Operation...................................................... 20
87
Page 44 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
LIST OF FIGURES
1. Site Location .............................................................................................................2
2. Existing Intersection Geometry..................................................................................4
3. 2018 High Season Peak Hour Traffic........................................................................ 5
4. Site Plan.................................................................................................................... 8
5. Trip Distribution ....................................................................................................... 10
6. Site Generated Peak Hour Traffic ........................................................................... 11
7. Short Range (2023) Background Peak Hour Traffic................................................ 12
8. Long Range (2040) Background Peak Hour Traffic................................................. 13
9. Short Range (2023) Total Peak Hour Traffic........................................................... 14
10. Long Range (2040) Total Peak Hour Traffic............................................................ 15
11. Short Range (2023) Geometry................................................................................ 21
12. Long Range (2040) Geometry................................................................................. 22
APPENDICES
A. Recent Peak Hour Counts
B. Current Peak Hour Operation/Level of Service Descriptions
C. Peak Hour Signal Warrants
D. Short Range (2023) Background Peak Hour Operation
E. Long Range (2040) Background Peak Hour Operation
F. Short Range (2023) Total Peak Hour Operation
G. Long Range (2040) Total Peak Hour Operation
88
Page 45 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
I. INTRODUCTION
This traffic impact study (TIS) is for the proposed development of Alarado
Business Park, located northwest of (adjacent to) Big Thompson Avenue/U.S. Highway
34 (US34) and north of (adjacent to) Steamer Drive in Estes Park, Colorado. The
location of this site is shown in Figure 1. This TIS addresses the operation at the key
intersections for the short range (2023) and long range (2040)futures.
This study involved the collection of data, a review of previous developments and
studies in the area, trip generation, trip distribution, trip assignment, and the operation
analyses of the key intersections in the area for the existing conditions, the short range
(2023) future, and the long range (2040) future. During the course of this analysis,
numerous contacts were made with Town of Estes Park staff, CDOT staff, the project
developer (Alarado Properties LLC), and Van Horn Engineering staff. This land is within
the Town of Estes Park and traffic impact study guidelines from the Larimer County
Urban Area Street Standards (Loveland) were used.
The following intersections, as agreed to in the scoping discussions, were
addressed in this traffic study: US34/Steamer-Golf Course Access and Steamer/Gas-
Site Access intersections.
This TIS is a revision of the "800 Big Thompson Avenue Traffic Impact Study"
dated June 2018. The revision reflects actual high season peak hour traffic counts at
the US34/Steamer-Golf Course Access intersection and newly proposed land uses at
the site.
89
Page 46 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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SITE LOCATION Figure 1
���—DELICH Alarado Business Park TIS,August 2018 90
�� �ASSOCIATES Page 2
Page 47 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
II. EXISTING CONDITIONS
Land Use
The project site is currently vacant. The land surrounding the site consists of
primarily commercial and residential uses. There are residential uses north and east of
the site. There are commercial uses to the south and west of the site. The Lake Estes
Golf Club is to the south of the site. The center of Estes Park lies to the west of the
Alarado Business Park site.
Roads
A schematic of the current geometry at the US34/Steamer-Golf Course Access
and Steamer/Gas Access intersections is shown in Figure 2. The key existing streets
are US34 and Steamer Drive.
U.S. Highway 34 is categorized as an NR-A road according to CDOT. Currently
in this area, US34 has a two through lanes in the westbound direction and one through
lane in the eastbound direction. The posted speed on US34 is 35 mph in this area. At
the US34/Steamer-Golf Course Access intersection, US34 has eastbound and
westbound left-turn lanes, one eastbound through lane, two westbound through lanes,
and a westbound right-turn lane. The shoulder on the south side of US34 acts as an
eastbound right-turn lane for the golf course. The US34/Steamer-Golf Course Access
intersection has stop sign control on Steamer Drive.
Steamer Drive is a street serving residential and commercial uses to the north
and west. It is assumed that Steamer Drive functions as a major collector street. At the
US34/Steamer-Golf Course Access intersection, Steamer Drive has a southbound left-
turn lane and a southbound right-turn lane. The right-turn lane is channelized and
enters into a westbound acceleration lane. All movements on the Golf Course Access
leg are combined into a single lane. At the Steamer/Gas Access intersection, Steamer
Drive has a westbound left-turn lane and one through lane in each direction. The
Steamer/Gas Access intersection has stop sign control on the Gas Access. The posted
speed on Steamer Drive is 20 mph.
Existing Traffic
The previous TIS utilized synthesized peak hour traffic counts, since it was
begun prior to the "high season" in Estes Park. However, the planning approval
process has extended into the "high season" in Estes Park. Therefore, peak hour traffic
counts were obtained in July 2018. The raw traffic data is provided in Appendix A.
91
Page 48 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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EXISTING INTERSECTION GEOMETRY Figure 2
���—DELICH Alarado Business Park TIS,August 2018 92
�� �ASSOCIATES Page 4
Page 49 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 93
�� �ASSOCIATES Page 5
Page 50 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Existing Operation
Using the volumes shown in Figure 3, the 2018 high season peak hour operation
at the US34/Steamer-Golf Course Access and Steamer/Gas Access intersections is
shown in Table 1. Calculation forms for these analyses are provided in Appendix B.
The key intersections were analyzed using the unsignalized intersection techniques
from the 2010 Hiqhwav Capacitv Manual (2010 HCM). Acceptable operation is defined
(Loveland criteria) as level of service (LOS) C or better overall for intersections. On
CDOT Highways, overall LOS D is acceptable. At major intersections, any leg can
operate at LOS D and any movement can operate at LOS E. A description of level of
service at unsignalized intersections is provided in Appendix B. The Loveland Motor
Vehicle LOS Standards are also provided in Appendix B. As can be seen in Table 1,
the US34/Steamer-Golf Course Access and Steamer/Gas Access intersections are
currently operating acceptably with existing control and geometry.
TABLE 1
2018 High Season Peak Hour Operation
Level of Service
Intersection Movement Average Average
AM Delay PM Delay
(secs) (secs
NB LT/T/RT C 15.0 C 16.4
I SB LT/T I C I 19.1 I D I 34.3
US34/Steamer-Golf Course � SB RT I A I 0.0 I A I 0.0
Access I SB APPROACH I C I 19.1 I D I 34.3
(stop sign) EB LT I A I 8.8 I A I 8.6
I WBLT I A I 7.9 I A I 8.7
I OVERALL I A I 1.6 I A I 3.7
NB LT/RT � A I 9.9 � B � 11.6
Steamer/Gas Access I Wg LT I A � 7.6 I A I 8.0
(stop sign) I OVERALL I A � 0.9 I A I 0.8
94
Page 51 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
III. PROPOSED DEVELOPMENT
The Alarado Business Park site is a proposed mixed-use development. Figure 4
shows the site plan for the Alarado Business Park site. The Alarado Business Park site,
as analyzed in this TIS, will consist of 1,500 square feet of fast-food restaurant, 12,712
square feet of urgent care, and nine multi-family (apartment) dwelling units. The
analyses in this TIS assumed that the Alarado Business Park site will be built out over
the next 3-4 years, following approval. The analysis year for the short range future was
assumed to be the year 2023 and the long range future was assumed to be the year
2040. There will be one full-movement access to/from Steamer Drive that will line up
with the Gas Access.
Trip Generation
Trip generation is important in considering the impact of a development on the
existing and proposed street system. Trip Generation, 10t" Edition, ITE was used to
determine the trips that would be generated at the Alarado Business Park site. A trip is
defined as a one-way vehicle movement from origin to destination. A leasing
agreement exists between the developer and the Stanley Hotel with regard to employee
housing. This will likely cause a reduction in the residential trip generation due to travel
mode and vehicle pooling, given the location of the Stanley Hotel to the north.
However, to be conservative, conventional low-rise multi-family housing was used for
the residential component of this development. Table 2 shows the expected trip
generation from the site on a daily and peak hour basis. The full development trip
generation resulted in 1,090 daily trip ends, 78 morning peak hour trip ends, and 73
afternoon peak hour trip ends.
TABLE 2
Trip Generation
Code Use Size AWDTE AM Peak Hour PM Peak Hour
Rate Trips Rate In Rate Out Rate In Rate Out
9� Fast-Food 1.5 KSF 470.95 706 20.50 31 19.69 29 16.99 25 15.68 24
FZestaurar�
650 Urgent Care �K�2 24.94 318 0.56 7 0.56 6 0.70 9 0.82 10
� Low-Fase Multi- g D.U. 7.32 66 0.11 1 0.35 3 0.35 3 0.21 2
Family
Total 1090 39 39 37 36
95
Page 52 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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��L DELICH Alarado Business Park TIS,August 2018 96
�� �ASSOCIATES Page s
Page 53 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Trip Distribution
Trip distribution for the Alarado Business Park site was estimated using
knowledge of the existing and planned street system, existing traffic patterns,
development trends, and engineering judgment. Figure 5 shows the trip distribution
used in the following analyses. The trip distribution analysis was agreed to in the
scoping discussions.
Traffic Assignment
Trip assignment is the product of both the trip generation and trip distribution
processes. Figure 6 shows the site generated peak hour traffic at the key intersections.
Background Traffic Projections
Background traffic projections for the short range (2023) and long range (2040)
future horizons were obtained by factoring the 2018 traffic volumes on US34 by the
CDOT 20-year factor of 1.23. Figures 7 and 8 show the short range (2023) and long
range (2040) background peak hour traffic at the US34/Steamer-Golf Course Access
and Steamer/Gas Access intersections, respectively.
Total Traffic
The traffic volumes generated by the proposed Alarado Business Park site were
added to the background traffic volumes to produce the total traffic volume forecasts for
the short range (2023) and long range (2040) futures. Figures 9 and 10 show the short
range (2023) and long range (2040) total peak hour traffic, respectively.
Signal Warrants
As a matter of policy, traffic signals are not installed at any location until such
time that signal installation warrants are met according to the Manual on Uniform Traffic
Control Devices. It is acknowledged that peak hour signal warrants should not be applied,
but since the peak hour forecasts are readily available in a traffic impact study, it is
reasonable to use them to estimate whether other signal warrants may be met. If peak
hour signal warrants will not be met at a given intersection, it is reasonable to conclude
that it is not likely that other signal warrants would be met. If peak hour signal warrants are
met, it merely indicates that further evaluation should occur in the future as the
development occurs. However, a judgment can be made that some intersections will likely
meet other signal warrants. In the short range (2023) and long background and total
futures, the US34/Steamer-Golf Course Access intersection will not meet peak hour
signal warrants. Since the peak hour warrants are not met, it is unlikely that the 8-Hour
or 4-Hour signal warrants would be met. Peak hour signal warrants are provided in
Appendix C.
97
Page 54 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 98
�� �ASSOCIATES Page 10
Page 55 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 99
�� �ASSOCIATES Page 11
Page 56 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 �OO
�� �ASSOCIATES Page 12
Page 57 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 �O�
�� �ASSOCIATES Page 13
Page 58 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 �OZ
�� �ASSOCIATES Page 14
Page 59 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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���—DELICH Alarado Business Park TIS,August 2018 �O3
�� �ASSOCIATES Page 15
Page 60 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Operation Analysis
Operation analyses were performed at the US34/Steamer-Golf Course Access
and Steamer/Gas-Site Access intersections. The operations analyses were conducted
for the short range future, reflecting a year 2023 condition, and long range future, reflecting
a year 2040 condition. The long range (2040) operational analyses are used for planning
and informational purposes only.
Table 3 shows the short range (2023) background peak hour operation at the
US34/Steamer-Golf Course Access and Steamer/Gas Access intersections.
Calculation forms for these analyses are provided in Appendix D. At the US34/
Steamer-Golf Course Access intersection, the southbound left-turn/through movement
operates at level of service E in the afternoon peak hour. As mentioned earlier, any leg
can operate at LOS D and any movement can operate at LOS E at major intersections.
Since the southbound right-turn movement is a channelized "free" right-turn (no delay),
the left-turn/through movement delay is the same as the delay for the entire southbound
leg. Therefore, the level of service of the southbound approach is not applicable at this
intersection. The Steamer/Gas Access intersections will operate acceptably in the short
range (2023) background future.
Table 4 shows the long range (2040) background peak hour operation at the
US34/Steamer-Golf Course Access and Steamer/Gas Access intersections. Given the
link volumes on US34, by/before the long range (2040) future, there is an expectation
that US34 would have an additional eastbound through lane by/before 2040.
Calculation forms are provided in Appendix E.
Using the traffic volumes shown in Figure 9, Table 5 shows the short range
(2023) total peak hour operation at the US34/Steamer-Golf Course Access and
Steamer/Gas-Site Access intersections. Calculation forms for these analyses are
provided in Appendix F. The Steamer/Gas Access intersections will operate acceptably
in the short range (2023) total future. Similar to the background traffic operation, the
southbound left-turn/through movement at the US34/Steamer-Golf Course Access
intersection operates at level of service E in the afternoon peak hour. A possible
mitigation measure to improve the level of service for the southbound left-turn/through
movement would be to add a through lane to eastbound US34. Currently, two
eastbound through lanes exist from the US34/Wonderview-St. Vrain intersection. The
right-most lane becomes a dedicated right-turn deceleration lane for the Estes Park
Visitors Center. Further to the east, this lane acts as a shoulder or right-turn lane for the
Golf Course Access. East of the Golf Course Access, this lane continues for
approximately 100-150 feet where it narrows into a 5-6 foot shoulder. The right-most
through lane could be extended through the US34/Steamer-Golf Course Access
intersection by making a combined through/right-turn lane at the Estes Park Visitors
Center Access. The operation of the US34/Steamer-Golf Course Access intersection is
shown on Table 5 with two eastbound through lanes. With two eastbound through
lanes, the southbound left-turn/through movement improves significantly with
approximately a 40 percent improvement in the average delay during the afternoon
peak hour.
104
Page 61 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
TABLE 3
Short Range (2023) Background Peak Hour Operation
Level of Service
Intersection Movement Average Average
AM Delay PM Delay
secs secs
NB LT/T/RT C 15.6 C 17.1
I SB LT/T I C I 20.1 I E I 37.6
US34/Steamer-Golf � SB RT � A � 0.0 I A I 0.0
Course Access I SB APPROACH I C (N/A) I 20.1 (N/A) I E (N/A) I 37.6 (N/A)
(stop sign) I EB LT I A I 8.9 I A I 8.7
I WBLT I A I 7.9 I A I 8.8
I OVERALL I A I 1.6 I A I 3.8
� NB LT/RT � A I 9.9 � B � 11.6
Steamer/Gas Access I �/g LT � A � 7.6 I A I 8.0
(stop sign)
I OVERALL I A I 0.9 I A I 0.8
TABLE 4
Long Range (2040) Background Peak Hour Operation
Level of Service
Intersection Movement Average Average
AM Delay PM Delay
secs secs
NB LT/T/RT C 20.1 D 31.4
I SB LT/T I C I 21.9 I D I 33.2
US34/Steamer-Golf � SB RT � A � 0.0 I A I 0.0
Course Access � SB APPROACH � C (N/A) � 21.9 (N/A) I D (N/A) I 33.2 (N/A)
(stop sign) I EB LT I A I 9.3 I A I 9.0
I WBLT I A I 8.1 I A I 9.3
I OVERALL I A I 1.8 I A I 3.3
Steamer/Gas Access � NB LT/RT � B � 10.1 � B � 12.5
(stop sign) � WB LT I A I 7.6 I A I 8.0
I OVERALL I A I 1.0 I A I 0.9
105
Page 62 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
TABLE 5
Short Range (2023) Total Peak Hour Operation
Level of Service
Intersection Movement Average Average
AM Delay PM Delay
(secs (secs
NB LT/T/RT C 16.5 C 17.9
I SB LT/T I C I 22.2 I E I 47.1
US34/Steamer-Golf I SB RT � A � 0.0 I A I 0.0
Course Access I SB APPROACH I C (N/A) I 22.2 (N/A) I E (N/A) I 47.1 (N/A)
(stop sign)
(one EB through lane) � EB LT I A I 9.0 I A I 8.8
I WBLT I A I 7.9 I A I 8.8
I OVERALL I A I 2.1 I A I 4.9
� NB LT/T/RT � C � 16.8 � C � 16.9
I SB LT/T I C I 20.0 I D I 29.2
US34/Steamer-Golf I SB RT � A � 0.0 I A I 0.0
Course Access I SB APPROACH � C (N/A) � 20.0 (N/A) I D (N/A) I 29.2 (N/A)
(stop sign)
(two EB through lanes) � EB LT � A � 9.0 I A I 8.8
I WBLT I A I 8.0 I A I 8.8
I OVERALL I A I 1.9 I A I 3.3
� NB LT/T/RT � B � 10.3 � B � 12.4
Steamer/Gas Access � SB LT/T/RT I B I 11.5 I B I 14.1
(stop sign) � EB LT I A I 7.6 I A I 7.7
I WBLT I A I 7.6 I A I 8.0
I OVERALL I A I 1.9 I A I 1.6
106
Page 63 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Using the traffic volumes shown in Figure 10, Table 6 shows the long range
(2040) total peak hour operation at the US34/Steamer-Golf Course Access and
Steamer/Gas-Site Access intersections. Given the link volumes on US34, by/before the
long range (2040) future, there is an expectation that US34 would have an additional
eastbound through lane. Calculation forms for these analyses are provided in Appendix
G.
Geometric Requirements
Figures 11 and 12 show the respective short range (2023) and long range (2040)
approach geometry at the US34/Steamer-Golf Course Access and Steamer/Gas-Site
Access intersections. It is expected that there will be two through lanes in each
direction on US34 by/before the long range (2040) future.
107
Page 64 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
TABLE 6
Long Range (2040) Total Peak Hour Operation
Level of Service
Intersection Movement Average Average
AM Delay PM Delay
secs secs
NB LT/T/RT C 21.7 D 34.4
I SB LT/T I C I 24.3 I E I 41.0
US34/Steamer-Golf � SB RT � A � 0.0 I A I 0.0
Course Access I SB APPROACH I C (N/A) I 24.3 (N/A) I E (N/A) I 41.0 (N/A)
(stop sign) I EB LT I A I 9.4 I A I 9.1
I WBLT I A I 8.1 I A I 9.3
I OVERALL I A I 2.2 I A I 4.2
� NB LT/T/RT � B � 10.6 � B � 12.8
I SB LT/T/RT I B I 11.4 I B I 14.4
Steamer/Gas Access I EB LT � A � 7.6 I A I 7.8
(stop sign)
I WBLT I A I 7.6 I A I 8.0
I OVERALL I A I 2.0 I A I 1.7
108
Page 65 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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��L DELICH Alarado Business Park TIS,August 2018 �O9
�� �ASSOCIATES Page 21
Page 66 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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J��—DELICH Alarado Business Park TIS,August 2018 ��O
�� �ASSOCIATES Page 22
Page 67 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
IV. CONCLUSIONS/RECOMMENDATIONS
This study assessed the transportation impacts associated with the development
of the Alarado Business Park site in Estes Park, Colorado. This study analyzed the
transportation impacts in the short range (2023) and long range (2040) futures. As a
result of these analyses, the following is concluded:
• Development of the Alarado Business Park is feasible from a traffic engineering
standpoint. The full development trip generation resulted in 1,090 daily trip ends,
78 morning peak hour trip ends, and 73 afternoon peak hour trip ends.
• The 2018 high season peak hour operation at the US34/Steamer-Golf Course
Access and Steamer/Gas Access intersections is acceptable based upon City of
Estes Park evaluation criteria.
• In the short range (2023) and long background and total futures, the US34/
Steamer-Golf Course Access intersection will not meet peak hour signal
warrants. Since the peak hour warrants are not met, it is unlikely that the 8-Hour
or 4-Hour signal warrants would be met.
• Using the short range (2023) total peak hour traffic, the Steamer/Gas Access
intersection will operate acceptably in the short range (2023) future. The
southbound left-turn/through movement at the US34/Steamer-Golf Course
Access intersection operates at level of service E in the afternoon peak hour. A
possible mitigation measure would be to add a through lane to eastbound US34.
With two eastbound through lanes, the southbound left-turn/through movement
improves significantly with approximately a 40 percent improvement in the
average delay during the afternoon peak hour.
• The short range (2023) range and long range (2040) geometry is shown in
Figures 11 and 12, respectively.
111
Page 68 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX A
112
Page 69 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
DFIJCH AS.SOqATES
2272 GL.EN HANEN DPoVE
LWELAND,C080538
Phorie: (97016'6g2061
TABULAR SUMVIARY OF VEJ-IICLE COUNTS
Date: 7/24I2018 Observer: �lidde
Day: Tuesday Jurisdiction: Estes Park
R=right tum � �r1t2�S�C�IOn: US34(Big lY�ompsori)/Steanlel' �
S=straight
L=left tum
Time Northbound: GolfAccess � Southbound: Steamer Total Fastbound: US34 � VUestbound: US34 Total Total
Begiris L � S � R � Total � L � S � R � Total nortWsouth L � S � R � Total � L � S � R � Total �st/west AII
7:00 � 0 � 0 � 0 � 0 � 5 � 0 � 11 � 16 � 16 � 6 � 42 � 0 � 48 � 0 � 85 � 10 � 95 � 143 � 159
7:15 � 0 � 0 � 0 � 0 � 4 � 0 � 15 � 19 � 19 � 9 � 39 � 0 � 48 � 0 � 90 � 13 � 103 � 151 � 170
7:30 � 0 � 0 � 0 � 0 � 8 � 0 � 17 � 25 � 25 � 6 � 48 � 1 � 55 � 1 � 117 � 9 � 127 � 182 � 207
7:45 � 0 � 0 � 1 � 1 � 15 � 0 � 21 � 36 � 37 � 14 � 74 � 0 � 88 � 0 � 146 � 18 � 164 � 252 � 289
8:00 � 1 � 0 � 0 � 1 � 17 � 0 � 16 � 33 � 34 � 16 � 84 � 1 � 101 � 1 � 126 � 21 � 148 � 249 � 283
8:15 � 1 � 0 � 0 � 1 � 15 � 0 � 27 � 42 � 43 � 18 � 75 � 2 � 95 � 1 � 134 � 22 � 157 � 252 � 295
8:30 � 1 � 0 � 0 � 1 � 14 � 0 � 24 � 38 � 39 � 13 � 77 � 2 � 92 � 0 � 138 � 29 � 167 � 259 � 298
8:45 � 0 � 0 � 0 � 0 � 13 � 0 � 23 � 36 � 36 � 14 � 73 � 1 � 88 � 0 � 142 � 23 � 165 � 253 � 28.9
I 7:4r8:45 � 3 � 0 � 1 � 4 � 61 � 0 � 88 � 149 � 153 � 61 � 310 � 5 � 376 � 2 � 544 � 90 � 636 � 1012 � 1165 I
� PHF � 0.75� rda � 0.25� 1 � 0.9 � nla � 0.81 � 0.89 � 0.89 � 0.85� 0.92� 0.63� 0.93 � 0.5 � 0.93� 0.78� 0.95 � 0.98 � 0.98 �
4:00 � 1 � 0 � 1 � 2 � 25 � 0 � 41 � 66 � 6$ � 25 � 145 � 0 � 170 � 1 � 92 � 29 � 171 � 292 � 360
4:15 � 0 � 0 � 0 � 0 � 27 � 0 � 45 � 72 � 72 � 20 � 139 � 1 � 160 � 0 � 85 � 27 � 112 � 272 � 344
4:30 � 0 � 0 � 0 � 0 � 22 � 0 � 54 � 76 � 76 � 27 � 155 � 0 � 182 � 0 � 118 � 23 � 141 � 323 � 399
4:45 � 0 � 0 � 0 � 0 � 24 � 1 � 48 � 73 � 73 � 25 � 142 � 1 � 168 � 0 � 112 � 32 � 144 � 312 � 385
5:00 � 1 � 0 � 2 � 3 � 37 � 1 � 55 � 93 � 96 � 17 � 141 � 2 � 160 � 1 � 91 � 27 � 119 � 279 I 375
5:15 � 0 � 0 � 0 � 0 � 32 � 0 � 35 � 67 � 67 � 23 � 133 � 0 � 156 � 0 � 113 � 28 � 141 � 297 � 364
5:30 � 0 � 0 � 0 � 0 � 24 � 0 � 30 � 54 � 54 � 21 � 98 � 0 � 119 � 0 � 90 � 17 � 107 � 226 � 280
5:45 � 0 � 0 � 0 � 0 � 26 � 0 � 36 � 62 � 62 � 24 � 104 � 0 � 128 � 0 � 93 � 22 � 115 � 243 � 305
I 4:3Q5:30 � 1 � 0 � 2 � 3 � 115 � 2 � 192 � 309 � 312 � 92 � 571 � 3 � 666 � 1 � 434 � 110 � 545 � 1211 � 1523 �
� �F � o.�� �a � o.�� o.� � o.7s� o.s � o.s�� o.s� � o.s� � o.ss� o.sz� o.3s� o.s� � o.�� o.sz� o.ss� o.ss � o.sa � o.ss
113
Page 70 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
DFIJCH AS.SOqATES
2272 GL.EN HANEN DPoVE
LWELAND,C080538
Phorie: (97016'6g2061
TABULAR SUMVIARY OF VEJ-IICLE COUNTS
Date: 7/24I2018 Observer: Karen
Day: Tuesday Jurisdiction: Estes Park
R=right tum � �I'1t2�S�C�1011: Steanlel'/Gas ACc�ss �
S=straight
L=left tum
Time Northbound: G�Acoess � Southbound: Total Fastbound: St�mer � VUestbound: Steamer Total Total
Begiris L � S � R � Total � L � S � R � Total nortWsouth L � S � R � Total � L � S � R � Total �st/west AII
7:00 � 1 � � 2 � 3 � � � � 0 � 3 � � 14 � 1 � 15 � 2 � 14 � � 16 � 31 � 34
7:15 � 1 � � 2 � 3 � � � � U � 3 � � 17 � 2 � 19 � 2 � 20 � � 22 I 41 � 44
7:30 � 2 � � 2 � 4 � � � � U � 4 � � 23 � 3 � 26 � 2 � 13 � � 15 � 41 � 45
7�� I 3 I I 3 I s I I I I o I s I I � I 2 I � I 3 I � I I � I s� I �
s:oo I 3 I I 3 I s I I I I o I 6 I I � I 3 I � I 2 I � I I � I 7o I 76
8:15 I 3 I I 2 I 5 I I I I o I 5 I I � I 4 I � I � I � I I � I s4 I ss
$�� I 2 I I 3 I 5 I I I I o I 5 I I � I 5 I � I 2 I � I I � I s2 I s�
s:as I 3 I I 3 I s I I I I o I 6 I I � I 4 I 37 I 2 I � I I � I �4 I so
I 7:4r8:45 � 11 � 0 � 11 � 22 � 0 � 0 � 0 � 0 � 22 � 0 � 138 � 14 � 152 � 8 � 143 � 0 � 151 � 303 I 325 �
� PHF � 0.92� rda � 0.92� 0.92 � rda � nla � rYa � nla � 0.92 � nla � 0.86� 0.7 � 0.86 � 0.67� 0.89� rYa � 0.9 � 0.9 � 0.91
a:oo I 3 I I 4 I � I I I I o I 7 I I � I 4 I � I 2 I � I I � I �2o I �27
4:15 � 6 � � 5 � �� � � � � 0 � �� � � 67 � 5 � 72 � 2 � 45 � � 4� I 119 � 130
4:30 � 3 � � 3 � s � � � � 0 � 6 � � �3 � 9 � 82 � � � 49 � � 50 I 132 � 138
a:as I 4 I I 5 I 9 I I I I o I s I I � I 5 I � I 3 I � I I � I �3o I ��s
5:00 � 6 � � 4 � 1U � � � � U � 10 � � 89 � 4 � 93 � 2 � 42 � � 44 � 137 � 147
5:15 � 4 � � 3 � � � � � � 0 � 7 � � 64 � 6 � 70 � 2 � 49 � I 5� I 121 � 128
s:� I 3 I I 4 I � I I I I o I 7 I I � I � I � I 3 I � I I � I � I �02
5:45 � 3 � � 3 � s � � � � U � 6 � � 59 � 4 � 63 � 2 � 44 � � 46 � 109 � 115
I 4:3Q5:30 � 17 � 0 � 15 � 32 � 0 � 0 � 0 � 0 � 32 � 0 � 294 � 24 � 318 � 8 � 194 � 0 � 202 � 520 � 552 �
� PHF � 0.71 � rda � 0.75� 0.8 � rda � nla � nla � nla � 0.8 � nla � 0.83� 0.67� 0.85 � 0.67� 0.9 � rda � 0.89 � 0.95 � 0.94
114
Page 71 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX B
115
Page 72 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Recent AM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 1.6
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '� � � '�� �
Traffic Vd,veh/h 61 0 88 3 0 1 61 310 5 2 544 90
Future Vd,veh/h 61 0 88 3 0 1 61 310 5 2 544 90
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - 250 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 98 98 98 98 98 98 98 98 98 98 98 98
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 62 0 90 3 0 1 62 316 5 2 555 92
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1000 1000 - 723 1000 316 555 0 0 316 0 0
Stage1 559 559 - 441 441 - - - - - - -
Stage 2 441 441 - 282 559 - - - - - - -
Qitical Hdwy 7.33 6.53 - 7.33 6.53 6.23 4.13 - - 4.13 - -
Qitical FicMy Stg 1 6.53 5.53 - 6.13 5.53 - - - - - - -
Qitical HcMy Stg 2 6.13 5.53 - 6.53 5.53 - - - - - - -
Fdlow-up�kMy 3.519 4.019 - 3.519 4.019 3.319 2.219 - - 2.219 - -
Pot Ca�r1 Maneuver 209 242 0 327 242 724 1013 - - 1243 - -
Stage 1 482 510 0 594 576 - - - - - - -
Stage 2 594 576 0 702 510 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 199 227 - 311 227 724 1013 - - 1243 - -
Nbv Ca�2 Maneuver 317 342 - 311 227 - - - - - - -
Stage 1 452 509 - 558 541 - - - - - - -
Stage 2 557 541 - 701 509 - - - - - - -
Approach SE NW NE SW
HCM Coritrd Delay,s 19.1 15 1.4 0
HCM L06 C C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 1013 - - 363 317 - 1243 - -
HCM Lane V/C Ratio 0.061 - - 0.011 0.196 - 0.002 - -
HCM Contrd Delay(s) 8.8 - - 15 19.1 0 7.9 - -
FiCM Lane LOS A - - C C A A - -
HCM 95th°/�ile Q(veh) 0.2 - - 0 0.7 - 0 - -
08/06/2018 Synchro 9 Light Report
recent amsyn
116
Page 73 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Recent PM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 3.7
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '� � � '�� �
Traffic Vd,veh/h 115 2 192 1 0 2 92 571 3 1 434 110
Future Vd,veh/h 115 2 192 1 0 2 92 571 3 1 434 110
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - 250 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 121 2 202 1 0 2 97 601 3 1 457 116
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1255 1254 - 1027 1254 601 457 0 0 601 0 0
Stage 1 459 459 - 795 795 - - - - - - -
Stage 2 796 795 - 232 459 - - - - - - -
Qitical Hdwy 7.33 6.53 - 7.33 6.53 6.23 4.13 - - 4.13 - -
Qitical FicMy Stg 1 6.53 5.53 - 6.13 5.53 - - - - - - -
Qitical HcMy Stg 2 6.13 5.53 - 6.53 5.53 - - - - - - -
Fdlow-up�kMy 3.519 4.019 - 3.519 4.019 3.319 2.219 - - 2.219 - -
Pot Ca�r1 Maneuver 138 171 0 200 171 499 1102 - - 974 - -
Stage1 552 566 0 380 398 - - - - - - -
Stage 2 380 398 0 751 566 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 128 156 - 185 156 499 1102 - - 974 - -
Nbv Ca�2 Maneuver 242 267 - 185 156 - - - - - - -
Stage 1 503 565 - 347 363 - - - - - - -
Stage 2 345 363 - 747 565 - - - - - - -
Approach SE NW NE SW
HCM Contrd Delay,s 34.3 16.4 1.2 0
FiCM L06 D C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 1102 - - 319 242 - 974 - -
HCM Lane V/C Ratio 0.088 - - 0.01 0.509 - 0.001 - -
HCM Contrd Delay(s) 8.6 - - 16.4 34.3 0 8.7 - -
FiCM Lane LOS A - - C D A A - -
HCM 95th°/�ile Q(veh) 0.3 - - 0 2.6 - 0 - -
08/06/2018 Synchro 9 Light Report
recent pmsyn
117
Page 74 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Recent AM
3: Gas Access & Steamer
Imersection
Im Delay,s�veh 0.9
Nbvement EBT EBR WBL V�BT NBL NBR
Lane Configurations '� �j '� �1'�
Traffic Vd,veh/h 138 14 8 143 11 11
Future Vd,veh/h 138 14 8 143 11 11
Confliding Peds,#/hr 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Stop Stop
RT Channelized - Norie - Norie - Norie
Sta'age Ler�gth - - 50 - 0 -
Veh in Median Storage,# 0 - - 0 0 -
Grade,% 0 - - 0 0 -
Peak Hour Factor 91 91 91 91 91 91
Heavy Vehides,% 2 2 2 2 2 2
Mvrnt Flow 152 15 9 157 12 12
Maja'/Nina' Maja'1 Maja2 Nina'1
Coriflicting FlowAll 0 0 167 0 334 159
Stage 1 - - - - 159 -
Stage 2 - - - - 175 -
Qitical Hdwy - - 4.12 - 6.42 6.22
Qitical FicMy Stg 1 - - - - 5.42 -
Qitical HcMy Stg 2 - - - - 5.42 -
Fdlow-up I-kiwy - - 2.218 - 3.518 3.318
Pot Ca�r1 Maneuver - - 1411 - 661 886
Stage 1 - - - - 870 -
Stage 2 - - - - 855 -
Platoon blocked,% - - -
Nbv Ca�1 Maneuver - - 1411 - 657 886
Nbv Ca�2 Maneuver - - - - 657 -
Stage 1 - - - - 870 -
Stage 2 - - - - 850 -
Approad� EB VbB NB
HCM Contrd Delay,s 0 0.4 9.9
FiCM L06 A
Ninor Lane/Maja'Mvrnt f�BLn1 EBT EBR V�BL WBT
Capacity(vef�/h) 755 - - 1411 -
HCM Lane V/C Ratio 0.032 - - 0.006 -
HCM Contrd Delay(s) 9.9 - - 7.6 -
FiCM Lane LOS A - - A -
HCM 95th°/�ile Q(veh) 0.1 - - 0 -
08/06/2018 Synchro 9 Light Report
recent amsyn
118
Page 75 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Recent PM
3: Gas Access & Steamer
Imersection
Im Delay,s�veh 0.8
Nbvement EBT EBR WBL V�BT NBL NBR
Lane Configurations '� �j '� �1'�
Traffic Vd,veh/h 294 24 8 194 17 15
Future Vd,veh/h 294 24 8 194 17 15
Confliding Peds,#/hr 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Stop Stop
RT Channelized - Norie - Norie - Norie
Sta'age Ler�gth - - 50 - 0 -
Veh in Median Storage,# 0 - - 0 0 -
Grade,% 0 - - 0 0 -
Peak Hour Factor 94 94 94 94 94 94
Heavy Vehides,% 2 2 2 2 2 2
Mvrnt Flow 313 26 9 206 18 16
Maja'/Nina' Maja'1 Major2 Nina'1
Conflicting FlowAll 0 0 338 0 549 326
Stage 1 - - - - 326 -
Stage 2 - - - - 223 -
Qitical Hdwy - - 4.12 - 6.42 6.22
Qitical FicMy Stg 1 - - - - 5.42 -
Qitical HcMy Stg 2 - - - - 5.42 -
Fdlow-up I-kiwy - - 2.218 - 3.518 3.318
Pot Ca�r1 Maneuver - - 1221 - 497 715
Stage 1 - - - - 731 -
Stage 2 - - - - 814 -
Platoon blocked,% - - -
Nbv Ca�1 Maneuver - - 1221 - 493 715
Nbv Ca�2 Maneuver - - - - 493 -
Stage 1 - - - - 731 -
Stage 2 - - - - 808 -
Approad� EB VbB NB
HCM Contrd Delay,s 0 0.3 11.6
HCM L06 B
Ninor Lane/Maja'Mvrnt f�BLn1 EBT EBR V�BL WBT
Capacity(veh/h) 577 - - 1221 -
HCM Lane V/C Ratio 0.059 - - 0.007 -
HCM Contrd Delay(s) 11.6 - - 8 -
FiCM Lane LOS B - - A -
HCM 95th°/�ile Q(veh) 0.2 - - 0 -
08/06/2018 Synchro 9 Light Report
recent pmsyn
119
Page 76 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
UNSIGNALIZED INTERSECTIONS
Level-of-Service Average Total Delay
sec/veh
A I < 10
B I > 10and < 15
C I > 15 and < 25
D I > 25 and < 35
E I > 35 and < 50
F I > 50
120
Page 77 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Table 4-2
Loveland (GMA and City Limits)
Motor Vehicle LOS Standards (Intersections)
Intersection Major Minor
Component Intersection134 Intersection234 Driveway
Overall (City LOS C LOS C No Limit
Limits)
Overall (GMAs) I LOS D I LOS D I No Limit
Any Leg I LOS D I LOS E I No Limit
Any Movement I LOS E I LOS F I No Limit
' Includes all signalized and unsignalized arterial/arterial and arterial/major collector
intersections
2 Includes all unsignalized intersections (except major intersections) and high volume
driveways
3 There are no LOS standards for I-25 Interchanges
4 On State Highways, overall LOS D is acceptable
121
Page 78 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX C
122
Page 79 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
FIGURE 4C-3. WARRANT 3, PEAK HOUR
MUTCD, 2003 EDITION, PAGE 4C-7
� 600
Z � 2 OR MORE: LANE &2 OR MORE I.ANES
O /
�U 500 -
Cn
� �21 OR MORE LAN�S & 1 L14NE )
m 400 � ' ' ' '
m � 1 LAN E & 1 LAN E
�
� 300
�
�
�J
� 200
D
n *150
= SB LT/T PM 117 VPH 1�0 � � � � � � � � � ��_�� '*100
� SB LT/T AM 61 VPH I I I I I I I �
2 �
400 500 600 700 800 900 1000 1100 1200 �300 1400 1500 1600 1700 1800
AM 1061 VPH PM 1277 VPH
MAJOR STREET - TOTAL OF BOTH APPROACH -
VEHICLES PER HOUR (VPH)
*Note: 150 vph applies as the lower threshold volume for a minor-street
approach with two or more lanes and 100 vph applies as the lower
threshold volume for a minor-street approach with one lane.
SHORT RANGE (2023) BACKGROUND PEAK HOUR WARRANT �23
AT US34/STEAMER INTERSECTION
Page 80 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
FIGURE 4C-3. WARRANT 3, PEAK HOUR
MUTCD, 2003 EDITION, PAGE 4C-7
� 600
Z � 2 OR MORE: LANE &2 OR MORE I.ANES
O /
�U 500 -
Cn
� �21 OR MORE LAN�S & 1 L14NE )
m 400 � ' ' ' '
m � 1 LAN E & 1 LAN E
�
� 300
�
�
�J
� 200
D
= SB LT/T PM 128 VPH *150
� 1001 I I I I I I �I I �*100
� SB LT/T AM 73 VPH I I I I I I I �1
� �2
400 500 600 700 800 900 1000 1100 1200 13(�0 1400 1500 1600 1700 1800
AM 1096 VPH PM 1310 VPH
MAJOR STREET - TOTAL OF BOTH APPROACH -
VEHICLES PER HOUR (VPH)
*Note: 150 vph applies as the lower threshold volume for a minor-street
approach with two or more lanes and 100 vph applies as the lower
threshold volume for a minor-street approach with one lane.
SHORT RANGE (2023) TOTAL PEAK HOUR WARRANT �24
AT US34/STEAMER INTERSECTION
Page 81 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
FIGURE 4C-3. WARRANT 3, PEAK HOUR
MUTCD, 2003 EDITION, PAGE 4C-7
� 600
Z � 2 OR MORE: LANE &2 OR MORE I.ANES
O /
�U 500 -
Cn
� �21 OR MORE LAN�S & 1 L14NE )
m 400 � ' ' ' '
m � 1 LAN E & 1 LAN E
�
� 300
�
�
�J
� 200
D
n *150
= SB LT/T PM 120 VPH 1�0 I I I I I I I I I 1 � � � '*100
� SB LT/T AM 65 VPH ��1
� �2
400 500 600 700 800 900 1000 1100 1200 1300 1400 '�500 1600 1700 1800
AM 1230 VPH PM 1480 VPH
MAJOR STREET - TOTAL OF BOTH APPROACH -
VEHICLES PER HOUR (VPH)
*Note: 150 vph applies as the lower threshold volume for a minor-street
approach with two or more lanes and 100 vph applies as the lower
threshold volume for a minor-street approach with one lane.
LONG RANGE (2040) BACKGROUND PEAK HOUR WARRANT �25
AT US34/STEAMER INTERSECTION
Page 82 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
FIGURE 4C-3. WARRANT 3, PEAK HOUR
MUTCD, 2003 EDITION, PAGE 4C-7
� 600
Z � 2 OR MORE: LANE &2 OR MORE I.ANES
O /
�U 500 -
Cn
� �21 OR MORE LAN�S & 1 L14NE )
m 400 � ' ' ' '
m � 1 LAN E & 1 LAN E
�
� 300
�
�
�J
� 200
D
*
150
2 SB LT/T PM 130 VPH 1�0 I I I I I I I I I � I �u '*100
� SB LTR AM 75 VPH I I I I I I I I I rl1
� �2
400 500 600 700 800 900 1000 1100 1200 1300 1400 150�0 1600 1700 1800
AM 1265 VPH PM 1515 VPH
MAJOR STREET - TOTAL OF BOTH APPROACH -
VEHICLES PER HOUR (VPH)
*Note: 150 vph applies as the lower threshold volume for a minor-street
approach with two or more lanes and 100 vph applies as the lower
threshold volume for a minor-street approach with one lane.
LONG RANGE (2040) TOTAL PEAK HOUR WARRANT �26
AT US34/STEAMER INTERSECTION
Page 83 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX D
127
Page 84 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Bkgrd AM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 1.6
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '� � � '�� �
Traffic Vd,veh/h 61 0 88 3 0 1 61 328 5 2 575 90
Future Vd,veh/h 61 0 88 3 0 1 61 328 5 2 575 90
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - 250 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 98 98 98 98 98 98 98 98 98 98 98 98
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 62 0 90 3 0 1 62 335 5 2 587 92
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1051 1050 - 756 1050 335 587 0 0 335 0 0
Stage 1 591 591 - 459 459 - - - - - - -
Stage 2 460 459 - 297 591 - - - - - - -
Qitical Hdwy 7.33 6.53 - 7.33 6.53 6.23 4.13 - - 4.13 - -
Qitical FicMy Stg 1 6.53 5.53 - 6.13 5.53 - - - - - - -
Qitical HcMy Stg 2 6.13 5.53 - 6.53 5.53 - - - - - - -
Fdlow-up�kMy 3.519 4.019 - 3.519 4.019 3.319 2.219 - - 2.219 - -
Pot Ca�r1 Maneuver 193 226 0 310 226 706 986 - - 1223 - -
Stage 1 461 494 0 581 566 - - - - - - -
Stage 2 580 566 0 688 494 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 183 211 - 295 211 706 986 - - 1223 - -
Nbv Ca�2 Maneuver 301 329 - 295 211 - - - - - - -
Stage1 432 493 - 544 530 - - - - - - -
Stage 2 543 530 - 687 493 - - - - - - -
Approach SE NW NE SW
HCM Coritrd Delay,s 20.1 15.6 1.4 0
HCM L06 C C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Cal�aatY(vef�/h) 986 - - 345 301 - 1223 - -
HCM Lane V/C Ratio 0.063 - - 0.012 0.207 - 0.002 - -
HCM Contrd Delay(s) 8.9 - - 15.6 20.1 0 7.9 - -
FiCM Lane LOS A - - C C A A - -
HCM 95th°/�ile Q(veh) 0.2 - - 0 0.8 - 0 - -
08/06/2018 Synchro 9 Light Report
sb amsyn
128
Page 85 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Bkgrd PM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 3.8
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '� � � '�� �
Traffic Vd,veh/h 115 2 192 1 0 2 92 604 3 1 459 110
Future Vd,veh/h 115 2 192 1 0 2 92 604 3 1 459 110
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - 250 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 121 2 202 1 0 2 97 636 3 1 483 116
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1316 1314 - 1074 1314 636 483 0 0 636 0 0
Stage1 485 485 - 829 829 - - - - - - -
Stage 2 831 829 - 245 485 - - - - - - -
Qitical Hdwy 7.33 6.53 - 7.33 6.53 6.23 4.13 - - 4.13 - -
Qitical FicMy Stg 1 6.53 5.53 - 6.13 5.53 - - - - - - -
Qitical HcMy Stg 2 6.13 5.53 - 6.53 5.53 - - - - - - -
Fdlow-up�kMy 3.519 4.019 - 3.519 4.019 3.319 2.219 - - 2.219 - -
Pot Ca�r1 Maneuver 125 158 0 186 158 477 1078 - - 945 - -
Stage 1 533 551 0 364 384 - - - - - - -
Stage 2 363 384 0 738 551 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver —116 144 - 172 144 477 1078 - - 945 - -
Nbv Ca�2 Maneuver 229 255 - 172 144 - - - - - - -
Stage 1 485 550 - 331 349 - - - - - - -
Stage 2 329 349 - 734 550 - - - - - - -
Approach SE NW NE SW
HCM Coritrd Delay,s 37.6 17.1 1.1 0
FiCM L06 E C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 1078 - - 300 229 - 945 - -
HCM Lane V/C Ratio 0.09 - - 0.011 0.538 - 0.001 - -
HCM Contrd Delay(s) 8.7 - - 17.1 37.6 0 8.8 - -
FiCM Lane LOS A - - C E A A - -
HCM 95th°/�ile Q(veh) 0.3 - - 0 2.9 - 0 - -
Notes
—:Vdume exceeds capacity $: Delay exceeds 300s +:Ca�r�x�tation Not Defined ":AII major volume in platoon
08/06/2018 Synchro 9 Light Report
sb pmsyn
129
Page 86 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Bkgrd AM
3: Gas Access & Steamer
Imersection
Im Delay,s�veh 0.9
Nbvement EBT EBR WBL V�BT NBL NBR
Lane Configurations '� �j '� �1'�
Traffic Vd,veh/h 138 14 8 143 11 11
Future Vd,veh/h 138 14 8 143 11 11
Confliding Peds,#/hr 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Stop Stop
RT Channelized - Norie - Norie - Norie
Sta'age Ler�gth - - 50 - 0 -
Veh in Median Storage,# 0 - - 0 0 -
Grade,% 0 - - 0 0 -
Peak Hour Factor 91 91 91 91 91 91
Heavy Vehides,% 2 2 2 2 2 2
Mvrnt Flow 152 15 9 157 12 12
Maja'/Nina' Maja'1 Maja2 Nina'1
Coriflicting FlowAll 0 0 167 0 334 159
Stage 1 - - - - 159 -
Stage 2 - - - - 175 -
Qitical Hdwy - - 4.12 - 6.42 6.22
Qitical FicMy Stg 1 - - - - 5.42 -
Qitical HcMy Stg 2 - - - - 5.42 -
Fdlow-up I-kiwy - - 2.218 - 3.518 3.318
Pot Ca�r1 Maneuver - - 1411 - 661 886
Stage 1 - - - - 870 -
Stage 2 - - - - 855 -
Platoon blocked,% - - -
Nbv Ca�1 Maneuver - - 1411 - 657 886
Nbv Ca�2 Maneuver - - - - 657 -
Stage 1 - - - - 870 -
Stage 2 - - - - 850 -
Approad� EB VbB NB
HCM Contrd Delay,s 0 0.4 9.9
FiCM L06 A
Ninor Lane/Maja'Mvrnt f�BLn1 EBT EBR V�BL WBT
Capacity(vef�/h) 755 - - 1411 -
HCM Lane V/C Ratio 0.032 - - 0.006 -
HCM Contrd Delay(s) 9.9 - - 7.6 -
FiCM Lane LOS A - - A -
HCM 95th°/�ile Q(veh) 0.1 - - 0 -
08/06/2018 Synchro 9 Light Report
sb amsyn
130
Page 87 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Bkgrd PM
3: Gas Access & Steamer
Imersection
Im Delay,s�veh 0.8
Nbvement EBT EBR WBL V�BT NBL NBR
Lane Configurations '� �j '� �1'�
Traffic Vd,veh/h 294 24 8 194 17 15
Future Vd,veh/h 294 24 8 194 17 15
Confliding Peds,#/hr 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Stop Stop
RT Channelized - Norie - Norie - Norie
Sta'age Ler�gth - - 50 - 0 -
Veh in Median Storage,# 0 - - 0 0 -
Grade,% 0 - - 0 0 -
Peak Hour Factor 94 94 94 94 94 94
Heavy Vehides,% 2 2 2 2 2 2
Mvrnt Flow 313 26 9 206 18 16
Maja'/Nina' Maja'1 Major2 Nina'1
Conflicting FlowAll 0 0 338 0 549 326
Stage 1 - - - - 326 -
Stage 2 - - - - 223 -
Qitical Hdwy - - 4.12 - 6.42 6.22
Qitical FicMy Stg 1 - - - - 5.42 -
Qitical HcMy Stg 2 - - - - 5.42 -
Fdlow-up I-kiwy - - 2.218 - 3.518 3.318
Pot Ca�r1 Maneuver - - 1221 - 497 715
Stage 1 - - - - 731 -
Stage 2 - - - - 814 -
Platoon blocked,% - - -
Nbv Ca�1 Maneuver - - 1221 - 493 715
Nbv Ca�2 Maneuver - - - - 493 -
Stage 1 - - - - 731 -
Stage 2 - - - - 808 -
Approad� EB VbB NB
HCM Contrd Delay,s 0 0.3 11.6
HCM L06 B
Ninor Lane/Maja'Mvrnt f�BLn1 EBT EBR V�BL WBT
Capacity(veh/h) 577 - - 1221 -
HCM Lane V/C Ratio 0.059 - - 0.007 -
HCM Contrd Delay(s) 11.6 - - 8 -
FiCM Lane LOS B - - A -
HCM 95th°/�ile Q(veh) 0.2 - - 0 -
08/06/2018 Synchro 9 Light Report
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131
Page 88 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX E
132
Page 89 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Bkgrd AM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 1.8
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '�'� � '�� �
Traffic Vd,veh/h 60 5 90 5 5 5 60 390 5 5 680 90
Future Vd,veh/h 60 5 90 5 5 5 60 390 5 5 680 90
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - - 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 98 98 98 98 98 98 98 98 98 98 98 98
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 61 5 92 5 5 5 61 398 5 5 694 92
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1028 1230 - 883 1227 202 694 0 0 403 0 0
Stage1 704 704 - 523 523 - - - - - - -
Stage 2 324 526 - 360 704 - - - - - - -
Qitical Hdwy 7.54 6.54 - 7.54 6.54 6.94 4.14 - - 4.14 - -
Qitical FicMy Stg 1 6.54 5.54 - 6.54 5.54 - - - - - - -
Qitical HcMy Stg 2 6.54 5.54 - 6.54 5.54 - - - - - - -
Fdlow-up�kMy 3.52 4.02 - 3.52 4.02 3.32 2.22 - - 2.22 - -
Pot Ca�r1 Maneuver 188 176 0 240 177 805 897 - - 1152 - -
Stage 1 394 438 0 505 529 - - - - - - -
Stage 2 662 527 0 631 438 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 172 163 - 224 164 805 897 - - 1152 - -
Nbv Ca�2 Maneuver 279 284 - 224 164 - - - - - - -
Stage 1 367 436 - 471 493 - - - - - - -
Stage 2 607 491 - 621 436 - - - - - - -
Approach SE NW NE SW
HCM Coritrd Delay,s 21.9 20.1 1.2 0.1
HCM L06 C C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 897 - - 254 279 - 1152 - -
HCM Lane V/C Ratio 0.068 - - 0.06 0.238 - 0.004 - -
HCM Contrd Delay(s) 9.3 - - 20.1 21.9 0 8.1 - -
FiCM Lane LOS A - - C C A A - -
HCM 95th°/�ile Q(veh) 0.2 - - 0.2 0.9 - 0 - -
08/06/2018 Synchro 9 Light Report
Ib amsyn
133
Page 90 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Bkgrd PM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 3.3
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '�'� � '�� �
Traffic Vd,veh/h 115 5 195 5 5 5 90 715 5 5 545 120
Future Vd,veh/h 115 5 195 5 5 5 90 715 5 5 545 120
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - - 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 121 5 205 5 5 5 95 753 5 5 574 126
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1152 1531 - 1245 1529 379 574 0 0 758 0 0
Stage1 584 584 - 945 945 - - - - - - -
Stage 2 568 947 - 300 584 - - - - - - -
Qitical Hdwy 7.54 6.54 - 7.54 6.54 6.94 4.14 - - 4.14 - -
Qitical FicMy Stg 1 6.54 5.54 - 6.54 5.54 - - - - - - -
Qitical HcMy Stg 2 6.54 5.54 - 6.54 5.54 - - - - - - -
Fdlow-up�kMy 3.52 4.02 - 3.52 4.02 3.32 2.22 - - 2.22 - -
Pot Ca�r1 Maneuver 153 116 0 130 116 619 995 - - 849 - -
Stage 1 465 496 0 282 339 - - - - - - -
Stage 2 475 338 0 684 496 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 135 104 - 118 104 619 995 - - 849 - -
Nbv Ca�2 Maneuver 252 214 - 118 104 - - - - - - -
Stage1 421 493 - 255 307 - - - - - - -
Stage 2 419 306 - 673 493 - - - - - - -
Approach SE NW NE SW
HCM Coritrd Delay,s 33.2 31.4 1 0.1
HCM LOS D D
Ninor Lane/Maja'Mvrrit NEL NET NEFd�N�Ln1 SE1n1 SELn2 SU�L SWT SWR
Capacity(vef�/h) 995 - - 152 250 - 849 - -
HCM Lane V/C Ratio 0.095 - - 0.104 0.505 - 0.006 - -
HCM Contrd Delay(s) 9 - - 31.4 33.2 0 9.3 - -
FiCM Lane LOS A - - D D A A - -
HCM 95th°/�ile Q(veh) 0.3 - - 0.3 2.6 - 0 - -
08/06/2018 Synchro 9 Light Report
Ib pmsyn
134
Page 91 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Bkgrd AM
3: Gas Access & Steamer
Imersection
Im Delay,s�veh 1
Nbvement EBT EBR WBL V�BT NBL NBR
Lane Configurations '� �j '� �1'�
Traffic Vd,veh/h 145 15 10 145 15 10
Future Vd,veh/h 145 15 10 145 15 10
Confliding Peds,#/hr 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Stop Stop
RT Channelized - Norie - Norie - Norie
Sta'age Ler�gth - - 50 - 0 -
Veh in Median Storage,# 0 - - 0 0 -
Grade,% 0 - - 0 0 -
Peak Hour Factor 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2
�Mrr�t Flow 153 16 11 153 16 11
Maja'/Nina' Maja'1 Major2 Nina'1
Coriflicting FlowAll 0 0 168 0 335 161
Stage 1 - - - - 161 -
Stage 2 - - - - 174 -
Qitical Hdwy - - 4.12 - 6.42 6.22
Qitical FicMy Stg 1 - - - - 5.42 -
Qitical HcMy Stg 2 - - - - 5.42 -
Fdlow-up I-kiwy - - 2.218 - 3.518 3.318
Pot Ca�r1 Maneuver - - 1410 - 660 884
Stage 1 - - - - 868 -
Stage 2 - - - - 856 -
Platoon blocked,% - - -
Nbv Ca�1 Maneuver - - 1410 - 655 884
Nbv Ca�2 Maneuver - - - - 655 -
Stage 1 - - - - 868 -
Stage 2 - - - - 849 -
Approad� EB VbB NB
HCM Coritrd Delay,s 0 0.5 10.1
HCM L06 B
Ninor Lane/Maja'Mvrnt f�BLn1 EBT EBR V�BL WBT
Capacity(vef�/h) 731 - - 1410 -
HCM Lane V/C Ratio 0.036 - - 0.007 -
HCM Contrd Delay(s) 10.1 - - 7.6 -
FiCM Lane LOS B - - A -
HCM 95th°/�ile Q(veh) 0.1 - - 0 -
08/06/2018 Synchro 9 Light Report
Ib amsyn
135
Page 92 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Bkgrd PM
3: Gas Access & Steamer
Imersection
Im Delay,s�veh 0.9
Nbvement EBT EBR WBL V�BT NBL NBR
Lane Configurations '� �j '� �1'�
Traffic Vd,veh/h 300 25 10 205 20 15
Future Vd,veh/h 300 25 10 205 20 15
Confliding Peds,#/hr 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Stop Stop
RT Channelized - Norie - Norie - Norie
Sta'age Ler�gth - - 50 - 0 -
Veh in Median Storage,# 0 - - 0 0 -
Grade,% 0 - - 0 0 -
Peak Hour Factor 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2
�Mrnt Flow 316 26 11 216 21 16
Maja'/Nina' Maja'1 Maja2 Nina'1
Conflicting FlowAll 0 0 342 0 566 329
Stage 1 - - - - 329 -
Stage 2 - - - - 237 -
Qitical Hduvy - - 4.12 - 7.12 6.22
Qitical FicMy Stg 1 - - - - 6.12 -
Qitical FicMy Stg 2 - - - - 6.12 -
Fdlow-up I-kiwy - - 2.218 - 3.518 3.318
Pot Ca�r1 Maneuver - - 1217 - 435 712
Stage 1 - - - - 684 -
Stage 2 - - - - 766 -
Platoon blocked,% - - -
Nbv Ca�1 Maneuver - - 1217 - 432 712
Nbv Ca�2 Maneuver - - - - 432 -
Stage 1 - - - - 684 -
Stage 2 - - - - 759 -
Approad� EB VbB NB
HCM Contrd Delay,s 0 0.4 12.5
HCM L06 B
Ninor Lane/Maja'Mvrnt f�BLn1 EBT EBR V�BL WBT
Capacity(vef�/h) 520 - - 1217 -
HCM Lane V/C Ratio 0.071 - - 0.009 -
HCM Contrd Delay(s) 12.5 - - 8 -
FiCM Lane LOS B - - A -
HCM 95th°/�ile Q(veh) 0.2 - - 0 -
08/06/2018 Synchro 9 Light Report
Ib pmsyn
136
Page 93 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX F
137
Page 94 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Total AM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 2.1
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '� � � '�� �
Traffic Vd,veh/h 73 0 111 3 0 1 84 328 5 2 575 102
Future Vd,veh/h 73 0 111 3 0 1 84 328 5 2 575 102
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - 250 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 98 98 98 98 98 98 98 98 98 98 98 98
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 74 0 113 3 0 1 86 335 5 2 587 104
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1098 1097 - 803 1097 335 587 0 0 335 0 0
Stage 1 591 591 - 506 506 - - - - - - -
Stage 2 507 506 - 297 591 - - - - - - -
Qitical Hdwy 7.33 6.53 - 7.33 6.53 6.23 4.13 - - 4.13 - -
Qitical FicMy Stg 1 6.53 5.53 - 6.13 5.53 - - - - - - -
Qitical HcMy Stg 2 6.13 5.53 - 6.53 5.53 - - - - - - -
Fdlow-up�kMy 3.519 4.019 - 3.519 4.019 3.319 2.219 - - 2.219 - -
Pot Ca�r1 Maneuver 178 212 0 288 212 706 986 - - 1223 - -
Stage1 461 494 0 548 539 - - - - - - -
Stage 2 547 539 0 688 494 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 166 193 - 268 193 706 986 - - 1223 - -
Nbv Ca�2 Maneuver 283 312 - 268 193 - - - - - - -
Stage1 421 493 - 500 492 - - - - - - -
Stage 2 499 492 - 687 493 - - - - - - -
Approach SE MN NE SW
HCM Contrd Delay,s 22.2 16.5 1.8 0
HCM L06 C C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 986 - - 317 283 - 1223 - -
HCM Lane V/C Ratio 0.087 - - 0.013 0.263 - 0.002 - -
HCM Contrd Delay(s) 9 - - 16.5 22.2 0 7.9 - -
FiCM Lane LOS A - - C C A A - -
HCM 95th°/�ile Q(veh) 0.3 - - 0 1 - 0 - -
08/06/2018 Synchro 9 Light Report
st amsyn
138
Page 95 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Total PM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 4.9
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '� � � '�� �
Traffic Vd,veh/h 126 2 213 1 0 2 114 604 3 1 459 129
Future Vd,veh/h 126 2 213 1 0 2 114 604 3 1 459 129
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - 250 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
�Mrnt Flow 133 2 224 1 0 2 120 636 3 1 483 136
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting F1owAll 1362 1361 - 1121 1361 636 483 0 0 636 0 0
Stage 1 485 485 - 876 876 - - - - - - -
Stage 2 877 876 - 245 485 - - - - - - -
Qitical Hdwy 7.33 6.53 - 7.33 6.53 6.23 4.13 - - 4.13 - -
Qitical FicMy Stg 1 6.53 5.53 - 6.13 5.53 - - - - - - -
Qitical HcMy Stg 2 6.13 5.53 - 6.53 5.53 - - - - - - -
Fdlow-up�kMy 3.519 4.019 - 3.519 4.019 3.319 2.219 - - 2.219 - -
Pot Ca�r1 Maneuver �116 148 0 172 148 477 1078 - - 945 - -
Stage 1 533 551 0 343 366 - - - - - - -
Stage 2 342 366 0 738 551 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver —106 131 - 156 131 477 1078 - - 945 - -
Nbv Ca�2 Maneuver 213 240 - 156 131 - - - - - - -
Stage1 474 550 - 305 325 - - - - - - -
Stage 2 303 325 - 734 550 - - - - - - -
Approach SE MN NE SW
HCM Contrd Delay,s 47.1 17.9 1.4 0
FiCM L06 E C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 1078 - - 283 213 - 945 - -
HCM Lane V/C Ratio 0.111 - - 0.011 0.633 - 0.001 - -
HCM Contrd Delay(s) 8.8 - - 17.9 47.1 0 8.8 - -
FiCM Lane LOS A - - C E A A - -
HCM 95th°/�ile Q(veh) 0.4 - - 0 3.7 - 0 - -
Notes
—:Vdume exceeds capacity $: Delay exceeds 300s +:Ca�r�x�tation Not Defined ":AII major volume in platoon
08/06/2018 Synchro 9 Light Report
st pmsyn
139
Page 96 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Total AM
4: US34 & Motel Access/Steamer 2��anes
Imersection
Im Delay,s�veh 1.9
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '�'� � '�� �
Traffic Vd,veh/h 73 0 111 3 0 1 84 328 5 2 575 102
Future Vd,veh/h 73 0 111 3 0 1 84 328 5 2 575 102
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - - 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 98 98 98 98 98 98 98 98 98 98 98 98
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 74 0 113 3 0 1 86 335 5 2 587 104
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 930 1102 - 806 1100 170 587 0 0 340 0 0
Stage 1 591 591 - 509 509 - - - - - - -
Stage 2 339 511 - 297 591 - - - - - - -
Qitical Hdwy 7.54 6.54 - 7.54 6.54 6.94 4.14 - - 4.14 - -
Qitical FicMy Stg 1 6.54 5.54 - 6.54 5.54 - - - - - - -
Qitical HcMy Stg 2 6.54 5.54 - 6.54 5.54 - - - - - - -
Fdlow-up�kMy 3.52 4.02 - 3.52 4.02 3.32 2.22 - - 2.22 - -
Pot Ca�r1 Maneuver 712 210 0 273 211 844 984 - - 1216 - -
Stage 1 460 493 0 515 536 - - - - - - -
Stage 2 649 535 0 687 493 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 207 191 - 254 192 844 984 - - 1216 - -
Nbv Ca�2 Maneuver 314 310 - 254 192 - - - - - - -
Stage 1 420 492 - 470 489 - - - - - - -
Stage 2 592 488 - 686 492 - - - - - - -
Approach SE MN NE SW
HCM Contrd Delay,s 20 16.8 1.8 0
HCM L06 C C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 984 - - 308 314 - 1216 - -
HCM Lane V/C Ratio 0.087 - - 0.013 0.237 - 0.002 - -
HCM Contrd Delay(s) 9 - - 16.8 20 0 8 - -
FiCM Lane LOS A - - C C A A - -
HCM 95th°/�ile Q(veh) 0.3 - - 0 0.9 - 0 - -
08/07/2018 Synchro 9 Light Report
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140
Page 97 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Short Total PM
4: US34 & Motel Access/Steamer 2��anes
Imersection
Im Delay,s�veh 3.3
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '�'� � '�� �
Traffic Vd,veh/h 126 2 213 1 0 2 114 604 3 1 459 129
Future Vd,veh/h 126 2 213 1 0 2 114 604 3 1 459 129
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - - 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
�Mrnt Flow 133 2 224 1 0 2 120 636 3 1 483 136
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting F1owAll 1043 1364 - 1122 1362 319 483 0 0 639 0 0
Stage1 485 485 - 877 877 - - - - - - -
Stage 2 558 879 - 245 485 - - - - - - -
Qitical Hdwy 7.54 6.54 - 7.54 6.54 6.94 4.14 - - 4.14 - -
Qitical FicMy Stg 1 6.54 5.54 - 6.54 5.54 - - - - - - -
Qitical HcMy Stg 2 6.54 5.54 - 6.54 5.54 - - - - - - -
Fdlow-up�kMy 3.52 4.02 - 3.52 4.02 3.32 2.22 - - 2.22 - -
Pot Ca�r1 Maneuver 184 146 0 161 147 677 1076 - - 941 - -
Stage 1 532 550 0 310 364 - - - - - - -
Stage 2 482 363 0 737 550 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 168 130 - 146 130 677 1076 - - 941 - -
Nbv Ca�2 Maneuver 281 239 - 146 130 - - - - - - -
Stage1 473 549 - 275 323 - - - - - - -
Stage 2 427 323 - 733 549 - - - - - - -
Approach SE MN NE SW
HCM Contrd Delay,s 29.2 16.9 1.4 0
FiCM L06 D C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 1076 - - 306 280 - 941 - -
HCM Lane V/C Ratio 0.112 - - 0.01 0.481 - 0.001 - -
HCM Contrd Delay(s) 8.8 - - 16.9 29.2 0 8.8 - -
FiCM Lane LOS A - - C D A A - -
HCM 95th°/�ile Q(veh) 0.4 - - 0 2.5 - 0 - -
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HCM 2010 TWSC Short Total AM
3: Gas Access/Site Access & Steamer
Imersection
Im Delay,s�veh 1.9
Nbvement EBL EBT EBR WBL V�BT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations �j '� �j '� � �
Traffic Vd,veh/h 4 138 14 8 143 35 11 0 11 35 0 4
Future Vd,veh/h 4 138 14 8 143 35 11 0 11 35 0 4
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop
RT Channelized - - Norie - - Norie - - Norie - - Norie
Sta'age Ler�gth 50 - - 50 - - - - - - - -
Veh in Median Storage,# - 0 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 91 91 91 91 91 91 91 91 91 91 91 91
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 4 152 15 9 157 38 12 0 12 38 0 4
Maja'/Nina' Maja'1 Maja2 Nina'1 Ninoi2
Coriflicting FlowAll 196 0 0 167 0 0 364 381 159 368 370 176
Stage 1 - - - - - - 168 168 - 194 194 -
Stage 2 - - - - - - 196 213 - 174 176 -
Qitical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22
Qitical HcMy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 -
Qitical HcMy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 -
Fdlow-up I-kiwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318
Pot Ca�r1 Maneuver 1377 - - 1411 - - 592 552 886 588 560 867
Stage1 - - - - - - 834 759 - 808 740 -
Stage 2 - - - - - - 806 726 - 828 753 -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 1377 - - 1411 - - 585 547 886 576 555 867
Nbv Ca�2 Maneuver - - - - - - 585 547 - 576 555 -
Stage1 - - - - - - 832 757 - 806 735 -
Stage 2 - - - - - - 797 721 - 814 751 -
Approach EB WB NB SB
HCM Coritrd Delay,s 0.2 0.3 10.3 11.5
HCM L06 B B
Ninor Larie/Maja'Mvrrit f�BLn1 EBL EBT EBR WBL V�BT WBRSBLn1
Capacity(vef�/h) 705 1377 - - 1411 - - 597
HCM Lane V/C Ratio 0.034 0.003 - - 0.006 - - 0.072
HCM Contrd Delay(s) 10.3 7.6 - - 7.6 - - 11.5
FiCM Lane LOS B A - - A - - B
HCM 95th°/�ile Q(veh) 0.1 0 - - 0 - - 0.2
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HCM 2010 TWSC Short Total PM
3: Gas Access/Site Access & Steamer
Imersection
Im Delay,s�veh 1.6
Nbvement EBL EBT EBR WBL V�BT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations �j '� �j '� � �
Traffic Vd,veh/h 4 294 24 8 194 33 17 0 15 32 0 4
Future Vd,veh/h 4 294 24 8 194 33 17 0 15 32 0 4
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop
RT Channelized - - Norie - - Norie - - Norie - - Norie
Sta'age Ler�gth 50 - - 50 - - - - - - - -
Veh in Median Storage,# - 0 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 94 94 94 94 94 94 94 94 94 94 94 94
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 4 313 26 9 206 35 18 0 16 34 0 4
Maja'/Nina' Maja'1 Major2 Nina'1 Ninoi2
Conflicting FlowAll 241 0 0 338 0 0 577 593 326 583 588 224
Stage1 - - - - - - 334 334 - 241 241 -
Stage 2 - - - - - - 243 259 - 342 347 -
Qitical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22
Qitical HcMy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 -
Qitical HcMy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 -
Fdlow-up I-kiwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318
Pot Ca�r1 Maneuver 1326 - - 1221 - - 428 418 715 424 421 815
Stage1 - - - - - - 680 643 - 762 706 -
Stage 2 - - - - - - 761 694 - 673 635 -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 1326 - - 1221 - - 422 414 715 411 417 815
Nbv Ca�2 Maneuver - - - - - - 422 414 - 411 417 -
Stage 1 - - - - - - 678 641 - 760 701 -
Stage 2 - - - - - - 751 689 - 656 633 -
Approach EB WB NB SB
HCM Coritrd Delay,s 0.1 0.3 12.4 14.1
HCM L06 B B
Ninor Larie/Maja'Mvrrit f�BLn1 EBL EBT EBR WBL V�BT WBRSBLn1
Capacity(vef�/h) 522 1326 - - 1221 - - 435
HCM Lane V/C Ratio 0.065 0.003 - - 0.007 - - 0.088
HCM Contrd Delay(s) 12.4 7.7 - - 8 - - 14.1
FiCM Lane LOS B A - - A - - B
HCM 95th°/�ile Q(veh) 0.2 0 - - 0 - - 0.3
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APPENDIX G
144
Page 101 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Total AM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 2.2
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '�'� � '�� �
Traffic Vd,veh/h 70 5 115 5 5 5 85 390 5 5 680 100
Future Vd,veh/h 70 5 115 5 5 5 85 390 5 5 680 100
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - - 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 98 98 98 98 98 98 98 98 98 98 98 98
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 71 5 117 5 5 5 87 398 5 5 694 102
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1079 1281 - 934 1278 202 694 0 0 403 0 0
Stage1 704 704 - 574 574 - - - - - - -
Stage 2 375 577 - 360 704 - - - - - - -
Qitical Hdwy 7.54 6.54 - 7.54 6.54 6.94 4.14 - - 4.14 - -
Qitical FicMy Stg 1 6.54 5.54 - 6.54 5.54 - - - - - - -
Qitical HcMy Stg 2 6.54 5.54 - 6.54 5.54 - - - - - - -
Fdlow-up�kMy 3.52 4.02 - 3.52 4.02 3.32 2.22 - - 2.22 - -
Pot Ca�r1 Maneuver 173 164 0 221 165 805 897 - - 1152 - -
Stage 1 394 438 0 471 501 - - - - - - -
Stage 2 618 500 0 631 438 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 155 147 - 201 148 805 897 - - 1152 - -
Nbv Ca�2 Maneuver 262 269 - 201 148 - - - - - - -
Stage 1 356 436 - 425 452 - - - - - - -
Stage 2 548 452 - 621 436 - - - - - - -
Approach SE NW NE SW
HCM Contrd Delay,s 24.3 21.7 1.7 0.1
HCM L06 C C
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Capacity(vef�/h) 897 - - 231 262 - 1152 - -
HCM Lane V/C Ratio 0.097 - - 0.066 0.292 - 0.004 - -
HCM Contrd Delay(s) 9.4 - - 21.7 24.3 0 8.1 - -
FiCM Lane LOS A - - C C A A - -
HCM 95th°/�ile Q(veh) 0.3 - - 0.2 1.2 - 0 - -
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HCM 2010 TWSC Long Total PM
4: US34 & Motel Access/Steamer
Imersection
Im Delay,s�veh 4.2
Nbvement SE1 SET SER MI�L MNT MM� NE1 NET NER SV�L SWf SWR
Lane Configurations �' � � �j '�'� � '�� �
Traffic Vd,veh/h 125 5 220 5 5 5 115 715 5 5 545 130
Future Vd,veh/h 125 5 220 5 5 5 115 715 5 5 545 130
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Stop Stop Stop Stop Stop Stop Free Free Free Free Free Free
RT Channelized - - Free - - Norie - - Norie - - Norie
Sta'age Ler�gth - - 150 - - - 250 - - 250 - 250
Veh in Median Storage,# - 1 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 132 5 232 5 5 5 121 753 5 5 574 137
Maja'/Nina' Nf na2 Nf na'1 Maja'1 Maja2
Coriflicting FlowAll 1205 1584 - 1297 1581 379 574 0 0 758 0 0
Stage 1 584 584 - 997 997 - - - - - - -
Stage 2 621 1000 - 300 584 - - - - - - -
Qitical Hdwy 7.54 6.54 - 7.54 6.54 6.94 4.14 - - 4.14 - -
Qitical FicMy Stg 1 6.54 5.54 - 6.54 5.54 - - - - - - -
Qitical HcMy Stg 2 6.54 5.54 - 6.54 5.54 - - - - - - -
Fdlow-up�kMy 3.52 4.02 - 3.52 4.02 3.32 2.22 - - 2.22 - -
Pot Ca�r1 Maneuver 140 107 0 119 108 619 995 - - 849 - -
Stage 1 465 496 0 262 320 - - - - - - -
Stage 2 442 319 0 684 496 - - - - - - -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver -120 93 - 105 94 619 995 - - 849 - -
Nbv Ca�2 Maneuver 232 199 - 105 94 - - - - - - -
Stage 1 408 493 - 230 281 - - - - - - -
Stage 2 378 280 - 673 493 - - - - - - -
Approach SE NW NE SW
HCM Coritrd Delay,s 41 34.4 1.3 0.1
HCM L06 E D
Ninor Lane/Maja'Mvrnt NEL NET NEFd�N�Ln1 SE1n1 SELn2 SV�L SWf SWR
Cal�aatY(vef�/h) 995 - - 138 231 - 849 - -
HCM Lane V/C Ratio 0.122 - - 0.114 0.592 - 0.006 - -
HCM Contrd Delay(s) 9.1 - - 34.4 41 0 9.3 - -
FiCM Lane LOS A - - D E A A - -
HCM 95th°/�ile Q(veh) 0.4 - - 0.4 3.4 - 0 - -
Notes
-:Vdume exceeds capacity $: Delay exceeds 300s +:Ca�r�x�tation Not Defined ":AII major volume in platoon
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Page 103 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Total AM
3: Gas Access/Site Access & Steamer
Imersection
Im Delay,s�veh 2
Nbvement EBL EBT EBR WBL V�BT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations �j '� �j '� � �
Traffic Vd,veh/h 5 145 15 10 145 35 15 0 10 35 0 5
Future Vd,veh/h 5 145 15 10 145 35 15 0 10 35 0 5
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop
RT Channelized - - Norie - - Norie - - Norie - - Norie
Sta'age Ler�gth 50 - - 50 - - - - - - - -
Veh in Median Storage,# - 0 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 5 153 16 11 153 37 16 0 11 37 0 5
Maja'/Nina' Maja'1 Major2 Nina'1 Ninoi2
Coriflicting FlowAll 189 0 0 168 0 0 366 382 161 368 371 171
Stage 1 - - - - - - 171 171 - 192 192 -
Stage 2 - - - - - - 195 211 - 176 179 -
Qitical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22
Qitical HcMy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 -
Qitical HcMy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 -
Fdlow-up I-kiwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318
Pot Ca�r1 Maneuver 1385 - - 1410 - - 590 551 884 588 559 873
Stage 1 - - - - - - 831 757 - 810 742 -
Stage 2 - - - - - - 807 728 - 826 751 -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 1385 - - 1410 - - 581 545 884 576 553 873
Nbv Ca�2 Maneuver - - - - - - 581 545 - 576 553 -
Stage1 - - - - - - 828 754 - 807 736 -
Stage 2 - - - - - - 796 722 - 813 748 -
Approach EB WB NB SB
HCM Contrd Delay,s 0.2 0.4 10.6 11.4
HCM L06 B B
Ninor Larie/Maja'Mvrrit f�BLn1 EBL EBT EBR WBL V�BT WBRSBLn1
Capacity(vef�/h) 673 138.5 - - 1410 - - 602
HCM Lane V/C Ratio 0.039 0.004 - - 0.007 - - 0.07
HCM Contrd Delay(s) 10.6 7.6 - - 7.6 - - 11.4
FiCM Lane LOS B A - - A - - B
HCM 95th°/�ile Q(veh) 0.1 0 - - 0 - - 0.2
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Page 104 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
HCM 2010 TWSC Long Total PM
3: Gas Access/Site Access & Steamer
Imersection
Im Delay,s�veh 1.7
Nbvement EBL EBT EBR WBL V�BT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations �j '� �j '� � �
Traffic Vd,veh/h 5 300 25 10 205 35 20 0 15 35 0 5
Future Vd,veh/h 5 300 25 10 205 35 20 0 15 35 0 5
Confliding Peds,#/hr 0 0 0 0 0 0 0 0 0 0 0 0
Sign Coritrd Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop
RT Channelized - - Norie - - Norie - - Norie - - Norie
Sta'age Ler�gth 50 - - 50 - - - - - - - -
Veh in Median Storage,# - 0 - - 0 - - 0 - - 0 -
Grade,% - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 95 95 95 95 95 95 95 95 95 95 95 95
Heavy Vehides,% 2 2 2 2 2 2 2 2 2 2 2 2
Mvrnt Flow 5 316 26 11 216 37 21 0 16 37 0 5
Maja'/Nina' Maja'1 Maja2 Nina'1 Ninoi2
Conflicting FlowAll 253 0 0 342 0 0 597 613 329 602 608 234
Stage 1 - - - - - - 339 339 - 255 255 -
Stage 2 - - - - - - 258 274 - 347 353 -
Qitical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22
Qitical HcMy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 -
Qitical HcMy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 -
Fdlow-up I-kiwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318
Pot Ca�r1 Maneuver 1312 - - 1217 - - 415 408 712 412 410 805
Stage 1 - - - - - - 676 640 - 749 696 -
Stage 2 - - - - - - 747 683 - 669 631 -
Platoon blocked,% - - - -
Nbv Ca�1 Maneuver 1312 - - 1217 - - 408 403 712 399 405 805
Nbv Ca�2 Maneuver - - - - - - 408 403 - 399 405 -
Stage 1 - - - - - - 673 638 - 746 690 -
Stage 2 - - - - - - 735 677 - 652 629 -
Approach EB WB NB SB
HCM Contrd Delay,s 0.1 0.3 12.8 14.4
HCM L06 B B
Ninor Larie/Maja'Mvrrit f�BLn1 EBL EBT EBR WBL V�BT WBRSBLn1
Capacity(vef�/h) 499 1312 - - 1217 - - 426
HCM Lane V/C Ratio 0.074 0.004 - - 0.009 - - 0.099
HCM Contrd Delay(s) 12.8 7.8 - - 8 - - 14.4
FiCM Lane LOS B A - - A - - B
HCM 95th°/�ile Q(veh) 0.2 0 - - 0 - - 0.3
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Page 105 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Actian Item 2 E�ch ib it P
US341STEAMER �NTERSECTfON
TRAFFIC SIGNAL WARRANT ANALYSIS
ESTES PARK, COLORADO
AUGUST 2019
Prepared for:
Alarado Prapertfes LLC
1911 Arrowhead Drive
Holdrege, NE 68949
Prepared by:
DELICH ASSOCIATES
2272 Glen Haven Dri�e
Loveland, CO 80538 =^ ` -�-�
r �'`
Phone: 970-669-2061 r ' ,;: _
FAX: 970-669-5034 '� w�;`
t � .
����'L �� �- ��� .��
..�.� �.�.. � . _
,
- - - - b .�; �x �
/ ' '��-��a's
� 'i� � .���� ., ,
Project#181 �
149
Page 106 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
OVERVIEW
Delich Associates has been retained to perform a tra�fic signal warrant anakysis
at the US341Steamer intersec#ian in Estes Park, Colorado. The proposed Alarado
Busin�ss Park (Iacateel north of the subject intersection} wil� be incorporated �nto the
traffic warrant analysis for the future traffic at this intersection.
The US34 and Steamer is a four I�g intersection. US34 is considered as the
major street; and Steamer Dri�e and the Golf Course driveway are considered as the
minor street. US34 has two throug� lanes En the westbound direction and one through
iane in the easfbound direction. lt has left-turn lanes in both directions and a westbo�and
right-turn fane. It is posted at 35 mph. Steamer Dri�e is the �or�h leg and the Golf
Course driveway is the south leg. Sauthbound right-tuming traffic, from Steamer Drive,
is channelized into an acceleration lane on US34. The Golf Course dri�eway has all
approach traffic in a single lane. There is stop sign contro! on Steamer Dri�e (left turns}
and on th� Goif Gourse dri�eway.
This signal warrant study was conducfied in accordance with Chapter 4C of the
Manual an Uniform Traffic Control Devic�s {MUTCD), 2009 Edition.
�
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Page 107 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
STUDY METH4DOLOGY
As noted �n Chapter 4C in the MUTCD, a traffic control signal shoul� not be
i�stailed unfess one or more of the faetors described in this Chapter are met. Further, a
traffic control signa[ should not be ir�stallec� unless an engineering study indicates that
installing a traffic signal wEll improv� the overall safety andlor operatior� of fihe
intersectian. A traffic control signal should not be installed i� it will seriously disrupt
progressive traffic flow.
A study to determine whether warrants are satisfied should consider the effects
of the right-fiurning v�hicles from the minor street approaches. Engineering judgment
should be used to determine what, if any, portion of the right-turning traffic is subtracted
from the minor street traffic cou�t when e�aluafing the traffic data against the signal
warrants. Since the right tums on 5teamer Dri�e are channelized into a� acceleration
lane on US34, it was not counted and not co�sidered in the warrant analysis. Casuai
observation indicated thafi #he sauthbound left turns did not negatively impact the abilify
of the right-turning traffic, since there is a southbound feft-turn fane.
Traffic data were colfected at the study intersection in AugUst 2019_ The raw
traff�c dafa are provided in Appendix A. T�is �raffic data were then compared with tha
requirements set forth in the MUTCD to determine whether a traffic confirol signal is
warranted at the st�dy intersection for existing conditions and the future yea� scenario.
Since the Golf Gourse dri�eway does not have significant traffic valumes, it was no�
counted.
The analyses are based upon three of the ni�e Warrants set forth in the MUTCD.
These warrants are shawn below:
• Warrant 1: Eight-Hour Ve�icle Volumes
• Warrant 2: Four-Hour Vehicle Volumes
• Warrant 3: Peak Hour Volume
The MUTCD aliows for reductions in the �olumes required for satisfying Warrants
1, 2, and 3, if the posted speed of the rrEajor street traffic is greater t�an 40 mp� or when
�he intersection lies within the built-Up area of an Esolated community ha�ing a
population of less than 1q,OD0. This is commanly cafled the 70% Factor. While Estes
Park has a population of less t�an 10,000, according #o the last census, during the `hig1�
season' the population o# the Estes Valley may b� more than 10,QQQ. Therefore, these
recfuctions were not applied. Application of fihe 7D%Factor sho�ld be point of discussion
between Estes Park and the Colorada Department af Trar�spor�atio�.
The warrants assume t�at the number of approach lanes is the same for the
majar street. The fact that the approach lanes on US34 are not t#�e same, introduces a
unique situation with regard to the traffic signal warrant analysis. Engineering judgment
must be used when e�a�uating Warrant 2 and Warrant 3, with regard to tf�e number of
2
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Page 108 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
approach lanes or� US34. ln the follawing analyses, single lane approaches on US34
were used. It is acknowledged that this will cause the signal warrant to be met wifh a
slightly lower approach �olume on the minor leg (Steamer Dr�ue).
WARRANT 1: EIGHT-HOUR VEHICLE VOLUMES
The Minimum Vehicle Volume, Condition A, is intended for application at
locations where a large volume of intersecting traffic is the principal reason to consider
ins�aliing a traffic contral signal.
Interru�t�on of Continuous Traffic, Condition B, is intended for application at
locations wh�re Condition A is not satisfied and wh�re t#�e traff�c �olume on the ma�or
street is so heavy that traffic on a minor intersecting street suffers excessive delay or
conflict in entering or crossing #he major street.
It is intended that Warrant 1 be treated as a single warrar�t. Ef Condition A is
satisfiied, fihen the crit�rion far Warrant 1 is satisfied and analyses of Conditivn B and
the combination of Conditions A and B are not needed. Similarly, if Condition B is
satisfied, then the criterion for Warrant 1 is satisfied and the combination of Co�ditior�s
A and B is r�at needed
This warrant is applicable at the US341Steamer intersection and will be
discussed further in this report.
WARRANT 2: F�UR-HOUR VEHICLE V4LUMES
The Four-Hour VEhicular Volume signal warrant conditions are intende� to be
appiied where the volume of intersecting traffic is the �r�ncipal reason to consider
installing a traffic control s�gnal_
This warrant is applicable at #he US341Steamer intersectian and wil! be
discussed further in this report.
WARRANT 3: PEAK HOUR VOLUME
The Peak-Hour sig�al warrant is intended for use at a location where traffic
conditions are such that for a minimum of one hour af an average day, the minor-street
traffic suffers undue delay when entering or crossing the ma�or street.
This signal warrant s�all be applied onfy in unusual cases, such as office complexes,
manufacturing plants, industr�af complexes, ar high-occupancy �ehicle facilities that
attract or discharge large number of�ehicles over a short period of#�me.
3
152
Page 109 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
This warrant is �ot appiicable at the US341Steamer intersection for existir�g
conditions, but may be applicable using the 70% Factor and will be discussed further in
this report.
4
153
Page 110 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
WARRANT ANALYSES FlND�NGS
The traffic signal warrant anafysis evaluat�ons performed #or the US341Steamer
intersectian were based upon the MUTCD. Vehicle �olum�s are high enough to meet
the war�ants �or installation of a full traffic signal at the US341Steamer intersectior�.
Warrant 1 (Eight-Hour Valume), Warranf 2 (Four-Haur Volume), and Warrant 3 (Peak
Hour Volume} have minimum requirements for vehicles per hour on both stree#s.
WARRANT 1: EIGHT-HOUR VENICLE VOLUMES
The Eight-Hour Volume information is pro�ided in Appendix B. Condition B-
Interruption af Continuous Traffic is met for mare than eight hours with t�e current traffic
on Friday, August 16, 2019. Condition B wili be met regardless of the number of lan�s
on US34. On Saturday, Aug�st 17, 2019, Condition B is met far fi�e hours_ If the 7Q%
Factor were applied, Conditior� B would be met on both days with the exist�ng traffic.
WARRANT 2: FOUR-HOUR VEHICLE VO�UMES
The Four-Hour Volume information is provided in Appendix C. With �he one lane
approach on US34, this wa�rant is met for seven hours on Friday, August 1fi, 2Q19 and
for three hours on Saturday, August 17, 2019_ If the 70% Factor were applied, this
warrant would be met for ele��n hours on Friday anc! ten hours on Saturday.
WARRANT 3: PEAK HOUR V�LUME
The Peak Hour Voiume information is pra�ided in Appendix D. 1f applicabfe, this
warrant will not be rrEet with the existing traffic �olumes on either Friday or Saturday_ If
the 70% Factor were applied, this warrant would be met for s�ven haurs pn Friday and
five hours on Saturday. Sir�ce it is questionabEe whether the P�ak Hour Warrant is
applicable, it is recommended that it not be co�sidered.
FUTURE TRAFFIC
The Alarado Business Park wi�l contribute hourly traffic on Steamer Drive, both
inbound and outbound_ Therefore, the additional traffic will support the need for a signal
at his intersection in the near future under the Eight-Hour Volume Warrant and the Four-
Hour Volume Warrant.
s
154
Page 111 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
SUMMARY 4F FINDINGS
Based upon recent traffic counts at fhe US341Steamer intersection, Warrant 1:
Eight-Hour Vehicle Volumes and Warrant 2: Four-Hour Vehicle Volumes are met for
installation of a trafFic sigr�al. With development of the Alarado Business Park, the
additional traffic wi11 support the need for a signal_ ft is recommended that this signal be
installed at the US341Steamer intersection.
6 �
155
, �
Page ll 2 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX A
156
Page 113 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
.
�
Location: BIG THOMPSQN AVE EIO STEAlNER DR
Date Range: 8116I2019-8122l2019 (�/�TA SOLI�T IONS
5ite Cpde: D3
Friday Saturday Sunday Monday TuesdaV Wednesday Thursday
8116/2018 8117l2049 SI1812019 811912019 812Dl2019 8721I2019 8122/2019 Mid•Week A�erege
Time EB WB Total EB WB Total EB WB TotaE EB WB Total EB W8 Total ES WB Tota! EB WB Total EB WB Yetal
12:00 AM 0 14 14 0 21 21
1:DOAM 0 10 10 0 16 96
2:00 AfJI 0 1 b 10 0 9 9
3:00 AM p 13 13 0 12 12
4:0�AM 0 15 15 � 25 25
5:00 AM 0 100 9 00 0 96 96
� 6:00 AM 0 253 253 � 2�7 207
�' �:oo,arn 0 429 429 0 372 372
UQ
� 8:00 AM p 54fi 546 0 A85 485
�
� 9:00 AhA 0 585 585 0 684 684
� 10:00 AM 0 &a8 608 0 711 711
�h
� 11:00 AM 0 857 fi57 0 734 734
N 12:00 PM 0 573 573 � 654 654
� 1:00 PM 0 549 541 0 635 635
�
� 2:00 PFA � 553 553 0 5b7 557
�
O 3:00 PFJf 0 551 551 0 498 498
� A:00 PF� 0 499 499 4 483 483
�
,�' S:00 PM 0 488 488 0 SSQ 550
c�n 6'AO PPJI 0 427 427 0 4A0 A4�
�
b 7;00 PM 0 354 354 0 356 356
�
� 8:00 PM 0 22A 224 0 196 196
� 9',00 PM 0 97 97 a 129 129
`c�
� 10:Oa PM ❑ 94 94 0 84 84
� t#:40 PM 0 39 39 0 5Q 50 ,
� Tptal 7,68U 7,680 S,OOA 8.004
� Percent 100% 100% �
� 1.Mid-week average includes data between Tuesday and Thursday.
�
�
�
� �
� �
N �1
w
N Mark Skaggs:425-250-�777
� mark skaggs@idaxdata.com 1
O
!
�
P
Location: BIG THO�VIP50fV AVE W1Q STEAMER DR
�ate Range; 8/1612019-Sl2212019 E�A1�A SOLU-fI0N5
5i#e Code: 41
FricEay Saturday Sunday Monday TuesdaY Wednesday Thursday
BI961201H 811772019 8/1812099 811912U99 8I2012099 812112019 812212p19 Mid-We�k Average
Time E8 WB To4al E6 WB Tutal EB WB Total EB WB Total EH WB Total EB WB Total EB W� Totel EB WB Total
12:40 A�VI 19 0 19 30 0 3Q
1:�QAM 15 0 95 21 0 21
2:00 AM & 0 8 10 0 10
3:00 AM 6 0 6 10 0 14
4:DQ AP�1 12 0 12 9 0 9
5:04 AM 27 0 27 43 0 43
� 6:00 AM 120 0 120 97 � 97
� 7:40 AM 228 0 228 226 0 226
UQ
� 8:00 AM 331 0 33� 336 0 336
�
� 9:00 AM 491 6 41'E 380 0 380
� 10:00 kM A80 0 48fl 495 0 495
�-h
� 11:00 AM 475 4 475 507 0 507
N 'f2:�0 PNl 535 0 535 580 0 58Q
� 1:00 PM 535 0 535 774 0 77q
�
� 2:00 PM 620 4 620 678 0 878
�
O 3:40 PM 658 0 658 765 0 765
� 4:40 PM 733 0 733 746 0 746
�
,�' 5:00 PM 637 0 637 622 0 822
c�i� 6:40 PM b46 0 546 b51 0 559
�
�"d 7:60 PM 409 0 409 527 0 527
�
� 8:40 PM 362 0 362 a8A 0 484
� 9:00 PM 28�t 0 264 286 0 286
`c�
� 10:00 PM 144 0 144 �41 0 141
� 11:00 PM 50 0 54 67 � 67 ,
� Yptal 7,625 7,625 8,365 8,385 .
� Percent 1U0°/ 700% �
� 1.Mid-week average includes data between 7uestlay and Thursday.
�
�
�
� �
� �
N 00
W
N Mark Skaggs:425-250-0777
� mark.skaggs@idaxdata.com �
O
■
Location: STEAMER�R iJ10 B!G 7HOMP50N AVE
Date Range: 811612D'E4-8/22/201 9 pFiTA 50�.0 ilONS
Site Gode: 02
Friday Saturday Sunday Monday Tuesday Wednesday Thursday
8116l2019 8117/2019 8l9612019 811912019 B120l2019 812112019 812212019 Mid-Week Average
Time NB S8 Total NB SB Total NB 5B Tatal NB SB Total NB SB 7otak NB 58 Totel NB SB Total N8 SB Total
i2:00AM 0 3 3 0 2 2
1:D4 AM 0 2 2 fl 3 3
2:40 AM 0 1 1 9 1 1
3:40 AM � 1 1 0 0 0
4:60 AM 0 0 0 0 0 0
5:a0 AM 0 3 3 0 0 0
� 6:00 AM 0 14 14 D 14 14
� 7:00 AM 0 34 34 0 35 35
UQ
� 8:40 AM 6 57 57 0 45 45
�
p� 9:90 AM D 60 60 0 50 50
� 10,�0 AM 0 82 82 0 61 61
�-h
� 11',00 RM � 72 72 0 �B 78
N 12',06 PM 0 95 95 � 64 64
� 1:00 PM 0 87 97 0 88 68
�
� 2:00 PM � 80 8Q 0 92 92
�
O 300 PM 0 106 106 0 88 88
� 4:00 PM 0 9i 91 0 79 79
�
.�' 5:00 FM 0 83 83 0 67 67
c�i� 6:00 PM 0 77 77 0 71 71
�
�"d 7',00 PM 0 77 77 6 65 65
�
� 8:Op PlVI 0 4A 44 0 51 51
� 9,�0 PM 0 38 38 a 3Q 30
� .
� 10:00 PM 0 35 35 0 23 23
� 1�:4�PM 0 13 13 0 14 14 ,
� Total 1,�55 1,155 1,021 7,021
� Fercent 70U% 700% �
� 1.Mid week average includes data between Tuesday and Thursday.
�
�
�
� �
� �
N Cfl
w
N Mark Skaggs:425-25a-077�
� mark.skaggs@idaxdaia.com �
O
APPENDIX B
160
Page 117 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�
F2c �,� �y /�U�� �-� lC�, 2c��9
WARRANT 1, EIGHT-HOUR VEHICULAR VOLUME
Requirements: Either Condition A (Minimurr�Vehicular Volume) or Condition B (Infierruption af Contirsuous TrafFic) is sa#isfi�d to
1 El0% of the stated volumes for each of any B hours af an average day.
Or: Both Condition A and Conditior� B are satisf��d to 8�°/a of the stated voiumes for each of any 8 hours af an
average day.
Table 4C-1. Warran# 1, Eig�t-Hour Vehicular Valume
Candiiion A-Minimum Vehicular Volume
Number af fanes fnr mnving Vehicles per hnur an major streek Vehicles per hour an hig�er-�olume minor-
traffic on each appraach (tvtal nf both approaches) street approach {one direction only)
Major Stl'2et Minor 5treet 100%a $0°1oh 70%G 5B%d 9 QD%8 80%e 70%� 56%d
1 1 50D 400 35€] 280 150 120 905 $4
2 nr more 1 60D 480 420 336 150 920 105 84
2 or more 2 or more 600 480 420 336 2D0 1 B� 140 112
'E 2 or more 500 400 35� 280 200 1 Bfl 14q 112
,� Conditian �- Ir�terruption of Cantinuous Traffc
�
� Number af lanes for mo�ing Vehicles per hour on major street Vehicles per hour on higher-�olume mino�-
� traffic on each approach (total of both approaches) street approach (one direction anly)
o Major Street Minor S#reet 100%a 80°/ab 70%� 56%d 100%a 8f3%�' 70°/a` 56%d
� 1 1 750 600 525 42p 75 BO 53 42
i� 2 pr more 1 900 720 630 504 76 fiD 53 42
� 2 or mora 2 or mare 90D 720 63p 504 100 8D 70 5Fi
�
� 1 2 or more 75D 600 525 420 �00 80 70 56
�
�
0
b� B 8asic minimum hourly volume
� e Used for combination of Cvnditians A and 8 after adequate trial af other remediaf ineasures
�� �May be used when the major-street speed exceeds 40 mph ar in an isolated cammunity with a population of less
� than �O,D00
b d May b�used for combination of ConcEitians A and B after adequate trial of other remediai rrteasures wh�n the
� major-street speed exceeds 40 mph ar in an isalated communi#y with a papulation of less than 1 Q,00a
�
� S Highest Mour VnEumes
�' 1 2 3 4 5 6 7 8
�
hd
� 6ath Approaches �
� MajorRoad 1 zo9 �la� j�3� lO�ta l�Z� �088 117�j q73
� Highest Appraach !d Le 9 Jd �� �� (�j3 �s� gQ 7�
Minor Road
� �
� �
��`', � Warran# 1 Met? �Yes ❑ No ❑ �aes not apply
N
O
N
O
�,a�v��� �', � � c � sY I 7, � d + 9
WARRANT 1, EIGHT-HOUR VEHICULAR VOLUM�
Requirements, Either Condition A (Minimum Vehicular Volume) or Condition 8 (Interruption of ContinuoUs Traffic) is satisfied to
1 pq% of the stated volurnes for eac� of any 8 hours of an average day.
Or: Both Condition A ar�d Condit3on B are satisfied ta 80% of khe stated volumes for each of any 8 hours of an
average day,
Table 4C-1. Warrant 'E, Eight-Hour Vehicular Vnlume
Condition A-Minimum Vehicular Volume
Number nf lanes for inoving Vehicles per haur on major s#reet Vehicles per hour vn higher-volume minor-
traffic on each approach (total of both approaches) str��k approach {one direction only)
Major Streef Minor Street i QQ%a 80%b 70%° 56%d 100°/o$ SO%b 70%° 56%�
� 1 1 500 400 35D 280 150 12� 'f05 84
2 or more 1 600 48D A�20 33fi 150 120 105 84
2 or more 2 or more 600 480 420 336 20� 160 140 192
1 2 or more 5�fl 400 350 280 2�(3 160 140 '192
,.b Condition 8-Interruption of Continuous Traffic
�
� Number of lanes for moving Vehicles per hnur an major street Vehicles per hour on higher-�olume minor-
� traffic on each apprvach (tatal of both approaches) street approach (one direction only)
� o a o b o c o d o a ��%b 70a�Qc r�6ofad
o Major Str�e# Minor Street 10D 10 $010 70/0 56/0 1�p/o
�
�. 1 1 750 600 525 420 75 60 53 42
�
N 2 or more � 900 720 630 504 75 60 53 42
� 2 or more 2 or more 900 720 630 504 100 80 7D 56
�
� 1 2 or more 750 600 525 �420 100 80 7a 56
�
0
b� a Basic minimum hourly volume
� b Used far combination of Canditians A and B afiter adequate triaE of other remedial measures
� �May be used when th�major-street sp�ed excaeds 4p mph or in an isolated cammunity wi#h a population of less
� than 10,0�0
�d d May be used for cornbination of Conditions A and B a�ter adequate trial of other remedial measures when the
�, major-skreet speed exceeds 40 mph ar in an isolated community with a population of less than 10,OD0
�
� .
� 8 Highest Hour Vofumes
�' � z � 4 � s � s
�
�
�, 8ath Approaches
� Major Road 1 z3� l4�9 �2Co3 12Z`� L241 99l 1172 �83
� Highest Approach y z g� 88 �� �Q � C �� r
� Minor Road U �D��
� � _
� �
w N Warrant � Met? ❑ Yes � No ❑ Does not apply
N
O
N
O
APPENDIX C
163
Page 120 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
���� r��, A� �� �T � � , 2 � { q
WARRANT 2, FOUR-HOUR VEHICULAR V�LUME
Requirements: Plot four highest hour�olumes on the applicable figure beiow. If four paints lie above the applicable curve then
the v�rarrant is satisfied_
Figure 4C-1,Warrant 2, Four-Hour Vehicular Vafume -
�na ------i.__..- ---._._.�__--�--�---__�_ ��_.___T..___-_-�-----�- �----
�OR �QRE �i��S ��OE� 1410�� LAi�IES ; � W�
� ` i � � i i !
Minor �aa � I 2 OR h�OR�l.�yES & 1 L.4�fE � �
5treet � ' ' � ;- � — �' i
�ligher- � � i�AraE � t�L,�f�aE ; l ;
�G� E � � { : ; / ,
1�O�Ut71e � ,_���
Approach � : � , ' � i � I
' � E
-VPH z�a � ' �', --- ,
; � � I ! ,
� I I � I "�'
ina , ; �•. . 9Q.
� ' I F
i � 1 . � i � ' ;
3flfl �C30 SO€� 6pD ?OD 8�� 900 100D 11 C�0 i 2D0 1300 1�OQ
MAJOR STREET-TOTA� OF BOTH APPROACHES ;
VENlCLES PER HOUR (VPH)
*Note: '115 v�h appliss as the lower threshold volume for a minor-street
appraach with two or more lanes a�d 80 v�r�h ai�plies as the iower thresho4d
�o�um�for a minor-street approaeh with one lane.
. � �
Figure 4C-2.Warrant 2, Four-Hour Vehicular Voiume (70% Factor)
(Community L�;ss than 90,�00 Pop�lation or Above 40 MPH on Major 5treet}
=�r� -- _.�_�..---- ---...._...�..._-----.._.--
i ; ; '. ,
i �2 OR fv1oRE LAN�S� 2 JR h40�tE LANES ' �
��� i � f i i i I
� I ' I
� � �, ' 2 �� (+A{3RE LAPJES� 1 LARlE f I
Minqr �! i � j
5treet ; �� ' ,1 LA�IE & i �.ANE E I
ao� � �__- : _
Higher- � {I ' � � ;
`s
Volume � j i �
Approach ] ; � ',
-VPH �o� ��.� �—� � _ i .
, ---�----�
� i ! , � � , ���o"'�:
� i I j �`�""�� - {60 '
fI i ,'_��
2Q�' 3Qfl 400 50a $0� r�(} 8DQ $�'C� 10G'fl
MAJOR STREET—TOTAL O� BOTH APP'ROACHES
VEHICL�S PER HOUR (Vi�W)
�Note_80 vph appties as the iower threshold voEu�me for a minor-
streef approach with two ar more lan�s and fi0 v�h applies as the
lower thresho{rJ voEume for a mi�or-street apprvach with one[ane.
~`� _ _v _
164
Page 121 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
���rv�� � �; �� �� sr 17 2 D � 9
`dVARRANT 2, FOUR-HUUR VEHlCULAR V4LUME
Requirements: Plot four highest hour volumes on the applicable figure �elow. if four poir�ts lie above the app{icable curva the�
tF�e warra�t is satis�ied_
�igure 4C-1.Warsant 2, Four-Hour Vehicular Volume -
5oc --�_.--- --.�_.----._-,_,_._;_�._�.____�_._--,----�__.__�.___.__.��___� _._�_,`_.—_
� ' z o� n,�or�� �,iv�s ��or� r�no�E�.aiv�s ; i
Minor �oo '--- ' ; k ' '� I E i I
E �a��ao€�� t.��vEs€� � ��.r��
Street ' � ; i � �- -
� € i
Higher- .;_ , i j �� �A�€�t� 1 LA€�3��
300 i r i ` - - •— --�� i �
Volurne
Approaeh �� ; I i � � j i
�f , � ;
-VPH 2ao , i ; � ; `,
i � ; ;
i I f � j � 11�`
3Qil ; ' �� �
I ` � ��-Z'..�'— ' �
I � � � `
� i i i � i I
� � i � �� � �
i _ . �
3Qfl 4Dc7 SCIO 600 tfl� 66II y0� i 000 �104 12+�Q 7 3QC3 14(30
MAJOR STREET-TOTAL �� B07'H AP�ROACHES
VEHICLES PER HOUR (VPH)
*fVote: 115�ph applies as the lower threshold�olume for a rninor-street
approach with two ar more lanes a�d 80�ph applies as the lower t�resf�old
�alume far a minor-street approach with one lan�.
Figure 4C-2.Warrant 2, Faur-Hour Vehicular Volume (7U% Factor)
(Comrnunity Less than 10,00� Papulation or Above 4p MPH on Major Street)
at�o
i I�� '� I
t ,,.f2 t�R h�i�FiE LANES f� ? QR P��10F�E �ANES �, ;
340 ' � 3 - � � ', ' �
; F I i
� '� ' �? O� hAQi�E LAI�JES � � LAP�IE �' �
Minor �, ' i �--- ! ? I
Street ��,� ; _.._�� ��� _�_ 1 LAt�IE & � �AtJE _ i i
_._..� —�---- —�-----j
�I��1@f— E W— ---- ' f I
�/D�U1T1� � l � i i
Approach ` �
-VPH ioo ' —;`__ ! _� ;
��� � , i��. '',
! � • a�;
i j � �� "`� !�o
;
, � I � �
� :
� ___ ___ � ... .-: _ _. . .__._ .i_-_--- -- - - -! ------�------ ---;1--�
�oc saa �ao �oa soo �oa ac� s�c� i�oo
MAJOR STREET--TOTAL OF BOTH APPROACHES
VEHfCLES PER HOUR (VPFi)
`Note: 80 vph appii�s as the iower threshold votume for a minor-
street approach with two or more lanes artd 6b_vph applies as the
lower thr�shold vo{um�for a minor-str�et appraach wit�one lana.
165
Page 122 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
APPENDIX D
166
Page 123 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
C=� t-���, ���u � �r- ! � , za� �
Figure 4C-3.Warrant 3, Pea�t Hour
.,
�� i --_ _ _i__.__._i.�_,_ ..T__ _ , � — --� —.._..I_---�_�I
� ' �
sc�p ! i a , ;
�tfE@t �1•.7n �. . I , , I I 11 C]E-tif�9CJF 1i I.rl�iikl '� .�fJ[f�'iUHE L�Rf°��� .�.....{
MIt�Ot" f
� i i z? J�fi r,1���C E_r_h3ES�, f LF�fV� I
Higher- � .........._�.___-; � I -�-- _ __ _._. i�nr��.�_-- �
� � ; :
--__.._ _ _�.._..__� _- ----1--- �
Valume ,3�50 .... i ; ��_ � i �nr���_�.___�
Apprnach . � i � � � i _ :_ � '_ � � .. . ._..._....��
�nu � .. _....._ .. _ .. _.._..._ i._ _
-vp� � � '�
i ; .-�-�,.�. �°`-`.,�,.; , �r: ?�0�!�
' 1
1 E70 �.._ �,..__.. ..__. ,...� __,.i..,_.... ` J � � �
I II
_ . .'_ _ - _' - - -- - . ... __;.____, _ : ._ . __ _
t?.IU ':-00 E-C;li -/OL'� HI)f� G!lli 1UCil,i fl(31'Y t;�';!il 13f{:I 1-li:Q �:iG!U 7e;f)(� 'Elt7i:i 'IA�;,ii:�
MAJOR STREET--TOTAL OF BOTH APPROACHES
V�HiCL�S P�R HOIJR {VPH)
*Note: 150�ph applies as the lower threshold volume for a minar-
� street approach with two or mnre lanes and 100 vph applies as the
� Ivwer threshold�olume for a minor-street approach with one lane.
�
� Figure 4C-4.Warrant 3, Peak Hour S70% Fa�tor)
o (Community Less khan 10,000 Populafiior� or Above 40 MPFE an Major 5treek)
�-n I �
�, i
� I �
N �� �
� ,, ,�, : __ . �a t:�r, �,��1�r t..�n�t�7� ;?��F, r.�ic�r�r E_r�e����; '
/ `- 4 . ,
� 3�� ` � �2�F3 fv�ud",� LA�V�S�+ 1 �.A•ME— I
� Minor 1 '�
Q.. Street .� � �
° Higher- � �.�.r��� i �.�n�� '
� , I
� Volume ,E�o �� .. '
,, , .. ... _ ; .
�' Approach
CD -VPH
�
� -- ------_.___�..� - ___ �a_�.
ii7{} �
Fd •
j i ±'a
�
�
� I
`c� 3?0 �C:C� 544 ���J 7E7E1 8Cl(7 '?L'�.� lzil{a 11t�Cr^_ _-3��:��J 1�qt)
`C
� MAJOR STREET--TOTAL O� BOTH APPROACHES
'� V�HICLES PER HOIJR (VPH)
� *Note: 100 vph applies as#he lower threshotd volume for a minor-
� street appraach with twa or mors lanes and 75�ph applies as the
,� lower threshold valume for a minor-str�et approach with one lane.
� � Warrant 3 Met? ❑ Yes � No [] Daes not apply
� �
N �1
w
N
O
N
O
� ,��ru��� �� �lv �us � I 7, 2 c� � g
Figt�re 4C-3.Warrant 3, Peak Hovr
soa --- _. �___..-- - -----
� --
: �� I , �
' _ 1 � , a o�t r�nc]rt� �..,7r��s x�oFi h�,
�C�O _ ! _ � I � i .
' � C)F'tE LAi�ES
Minor � i i j � � -
Strest aaF� , , : � I a '> I..., �.
' i 1�JR ff�€�Jf=t�LAPJE��. 1 LAt�!= I
Higher- ; , `
3c'�o -- ---- _....
--- _�-_ ___.. .... ._._ _.>___ ._._. . ____
Volum� -, --- i €.AVE f. 1 LnNE
Approach ��,o ; _ j __�_. � ' I �
t
-VPN � _ __ , "`'� , � " , �C�N �
�...
. : ; �
i oe , __ _ _ __.. ......}.... � '""'^�-- ; i ' inn• i
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MAJOR STREET--TOTAL OF B07'H APPROACHES
V�HICLES P�R HOUR (VPH)
*Nnte: 150�ph applies as the lower threshald v�lume for a minor-
� street approach with two or more lanes and 1 DO v�h applies as the
� lower threshnld volume for a minnr-streek approach with one lane.
�
�, Figure 4C�-4.Warrant 3, Peak Hour(7Q% Factor)
o (Community Less than 10,OQ0 Population or A�ove 40 MPH on Ma�or Street)
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� MAJOR STREET--�OTAL O� BOTH APPROACHES
'� VEHICLES PER HOUR (VPH)
� *Nate: 100�ph applies as#he lawer threshold volume for a minor-
� street ap�roach wi#h two or mare lanes and 7��ph applies as#he
,� lower threshold volume for a minor-street ap�roach with one lane.
! � � Warran#3 Met? ❑ Yes [] No ❑ Does not apply
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Action Item 2 Exh ib it Q
Petition of Support
For Opening the JimmyJohtl's Restaurarlt at 420 Steamer Drive, Estes Park, Colorado
To tl�e To�n of Este.r Park Board of Trustee.r, We,the undersigned residents, business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive,home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal.The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
Date I Name � Si:�nature � Address � Email/Phone �
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w 169
i,, Petition of Support—Jimmy John's at the Alarado Business Park- 2020
0
N
0
Petition of Support
For Opening the JimmyJohn's Restaurant at 420 Steamer Drive, Estes Park, Colorado
To the To�vn of E.rtes Park Board of Tru.rtees, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal. The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
� Date � Name � Si�nature I Address i Email/Phone
1 S ,-'ZG � � c� �_' _ �`"�� -^e^'^L'�C� 1 ��'�.�,�`" —c"�
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w 170
i,,, Petition of Support—Jimmy John's at the Alarado Business Park- 2020
0
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0
Petition of Support
For Opening the JimmyJohn's Restaurantat 420 Steamer Drive, Estes Park, Colorado
To the Toavn of E.rte.r Park Board of Tru.ctees, We,tl�e undersigned residents,business leaders, and community members, support the opening of the
J�y John's at the Alarado Business Park.We believe that the town should suppoxt this new business that has passed all inspections and is ready
to open its dooxs.
The J�y John's is in the completed AlaYado Business Park at 420 Steamer DYive, home of the alYeady-opened Estes Paxk Health Urgent
Care Center.The Yestaurant has passed all inspections and yet has been denied a cerrificate of occupancy due to delays in constructing a nearby
traffic signal.The J�y John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Boaxd of Txustees allow the completed business to open its doors while the traffic signal is being completed.
IDate Name I Si��iature Addtess I Email/Phone
�, ♦/'� ' �1S 1�+2,Z,�a�c�- bVa.��ke@ e,��,'[t —
� 5I�12a �b a�r�e_ �,,�� so5� C.a�a��^r�c�
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`'' Petirion of SuppoYt—Junmy John's at the Alarado Business Paxk-202U�
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, �� S►'f 6rp.,�,d �cc�eS t`� �A-1. �/ �rn�vr����L,•a�
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`'' Petition of Support—Juivny John's at the Alarado Business Park- 20202
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�, Petition of Support—Jimmy John's at the Alarado Business Park-2020 173
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Petition of Support
For Opening the JimmyJohn's Restautant at 420 Steamer Drive, Estes Park, Colorado
To the "loa�n ofEstes Park Board of Trustee.r, We, the undersigned residents, business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal. The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
Date f Name I Sitinature Address I Email/Phone I
p �
lC"-/' ��ps� � r .� � ��v�$T �`���up�i-Y�"i .J�YZ�tKd�Ylou ���J`Ci✓! m� Cc�.�
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�, Petition of Support—Jimmy John's at the Alarado Business Park- 2020
0
N
0
Petition of Support
For Opening the fimmy fohn's Restauratit at 420 Steamer Drive,Estes Park, Colorado
To the Toivn of E.rte.r Park Board of Trustee.c, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal. The Jimmy John's is a welcome adclition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
, Date Name I Si�szature Address � Email/Phone
.� ���,�a/rs�Sa�nd�;nc.�o.�
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N Petition of Support—Jimmy John's at the Alarado Business Park- 2020
0
N
0
Petition of Support
For Opening the J»yJo�'s Restaurant at 420 Steamer Drive, Estes Park, Colorado
To the Tozvn of E.rtes Park Board of Tru.rtee.r, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Susiness Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal.The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
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N 1'etition of Support—Jimmy John's at the Alarado Business Park- 2020
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Petition of Support
For Opening the JimmyJohn's Restaurar�t at 420 Steamer Drive, Estes Park, Colorado
To the Toavn of E.rtes Park Board of Tru.rtees, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal.The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
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Petition of Support
For Opening the JrmmyJohn's Restautatit at 420 Steamer Drive, Estes Park, Colorado
To the Toavn of E.rtes Park Board of Tru.rtee.r, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspecrions and is ready
to open its doors.
The Jimmy john's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal.The Jimmy John's is a welcome adclition to the area and as a new business will be an asset to the town's economy.We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
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oPetition of Support—Jimmy John's at the Alarado Business Park - 2020
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Petition of Support
For Opening the JtmrnyJohtl's Restauratit at 420 Steamer Drive,Estes Park, Colorado
To the To2vn of Estes Park Board of Tru.rtees, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal. The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
Date � Name Si�nature I Address Email/Phone
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Petition of Support
For Opening the fimmy fohn's Restautant at 420 Steamer Drive, Estes Park, Colorado
To the Toavn of Estes Park Board of Tru.rtees,We, the undersigned residents, business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in thc completed Alarado Business Park at�-20 Stcamcr Drive, home of the alrcady-opened Estes Park I�iealth Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal. The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
Date I Name I Si�nature I Address Email/Phone
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Petition of Support
For Opening the JimmyJohn's Restaurantat 420 Steamer Drive, Estes Park, Colorado
To the To�n of Este.r Park Board of Tru.rtee.r, We, the undersigned residents, business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center.The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal. The Jimmy J�hn's is a welcome addition r.o r.he area and as a new business will be an asset to the town's economy. We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
Date � Name � Sitinature � Address � Email/Phone
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Petition of Support
For Opening the JimmyJohn's Restaurat�t at 420 Steamer Drive,Estes Park, Colorado
To the Toavn of E.rte.r Park Board of Tru.rtee.c, We, the undersigned residents, business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the already-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal.The Jimmy John's is a welcome addition to the area and as a ncw business will be an asset to the town's economy.We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
Date � Name � Si�;nature I Address I Email/Phone
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Petition of Support
For Opening th�JimmyJohtl's Restaurant at 420 Steamer Drive,Estes Park, Colorado
To the To�vn ofE.rte.c Park Board of Tru.rtees, We, the undersigned residents,business leaders, and community members, support the opening of the
Jimmy John's at the Alarado Business Park. We believe that the town should support this new business that has passed all inspections and is ready
to open its doors.
The Jimmy John's is in the completed Alarado Business Park at 420 Steamer Drive, home of the a.lready-opened Estes Park Health Urgent
Care Center. The restaurant has passed all inspections and yet has been denied a certificate of occupancy due to delays in constructing a nearby
traffic signal.The Jimmy John's is a welcome addition to the area and as a new business will be an asset to the town's economy.We ask that the
Board of Trustees allow the completed business to open its doors while the traffic signal is being completed.
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Petition of Support—Jimmy John's at the Alarado Business Patk-2020
Actian Item 2 Exh ib it R
. ��
ESTES PrARK
H�ALTH
555 Prpspect Ave. � P.O.Box 2740 � Estes Park,CO 80517
June 15, 2020
Town of Estes Park
Dear Trustees:
I wish to encourage you and your staff to allow the opening of the Jimmy Johns Restaurant
recently developed and pending Town approval, located at the newly constructed building at
420 Steamer Dr., also known as the Alarado Building.
I understand there may be some complexity with this approval and, accordingly, I encourage
your support in seeing this approval quickly. Much has been invested in this overall building
enterprise and everyone is most anxious to begin recovery of the investment and realize the
availability of these new services.
As you may be aware, our community hospital has also constructed a new Urgent Care Center
in the same building. On behalf of Estes Park Health, we are most appreciative of the trust
and the confidence that our community has placed in our healtcare organization. We are
hopeful that this new service will be of value to our town and our visitors. We da appreciate
the Town's help with this enterprise.
Sincere
'( �1���
I�.
Timothy Cashman
Chief Financial Officer
203
Page 1 of 1
Page 160 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib i# �
Letter of Support
Space Holder
204
Page 161 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 E�ch ib it T
r ��� Estes Park Team Realty
�' �stes Yark 457 E.Wonderview/P.O.Box 2807
Estes Park,CO 80517
Team Realty Bus 970-586-3838 Fax 970-586-4025
June 15, 2020 ToIlFree800-607-3838
Town Board of Trustees
Town of Estes Park
170 MacGregor Avenue
Estes Park, Colorado 80517
Dear Mayor and Trustees,
This letter is in support of allowing the Jimmy John's Restaurant to open for
business. The store is equipped with a drive through for minimum contact with
customers during the Covid Crisis.
It appears to me very unfair that two gentlemen have invested approximately ten
million dollars in our community, and you will not allow them to open their
business. They have created jobs, they are paying taxes and have provided much
needed Work Force Housing for Estes Park. They would also be generating much
needed sales tax for Estes Park.
I drive through the intersection at Steamer and Big Thompson more than anyone I
know and a stop light at that location is not a good idea. The intersection near
Starbucks coming out of Stanley Village is much more congested that the Steamer
and Big Thompson. I'm sure if you look at the three traffic studies completed by
Alarado it will probably verify that. Most of the traffic using the Steamer and Big
Thompson intersection comes from Stanley Village.
I am writing this letter of support to allow the Jimmy John's sandwich shop to
open immediately. Thank you for your support of those that invest in Estes Park.
Sincerely,
�
Ge d D. Mayo
Broker/Ow r
205
Page 162 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action I#em 2 E�ch ib it U
To whom it may concern,
Let me introduce myself my name is John Thomason and I am the proprietor of Nicky's Steak House and
Lounge. I am writing this letter to express my concern and disappointment in our cities practice of not
allowing a new business to open. Specifically, I am speaking of the Alarado Enterprises Jimmy John's
franchise, located at 420 Steamer Drive.
It has been brought to my attention that the developer needs to install a traffic signal for this Iocation.
Furthermore, I've been told by the developers that CDOT has approved the plans and that they have a
letter of credit from their banker ensuring the funds were available to complete this project. I have also
learned that the city will not let this specific location open without the signal installed.The problem is
that the parts for the signal are not going to be available for another four months.
So,even though the project has been greenlighted by CDOT and the city knows they have the money,
the City of Estes will not allow this franchise to open. In my humble opinion this is ludicrous.This is a
new business trying to open in an uncertain time, and the City of Estes is not alfowing them to open
during the busiest four months of the year.This all due to a delay in the parts for the light. Not only does
this take huge amounts of revenue away from a new business, it is also delaying new jobs.Along with
the previously mentioned it is also eliminating essential sales tax dollars that this town needs to
maintain its infrastructure.
As a resident I understand and agree with the need for the traffic signal. Knowing the particulars of the
situation, i.e. CDOT's approval and the banks credit, I do not understand the cities hindering the opening
of this establishment. If in fact we know that the project is approved and financed with an end date in
mind. It would appear to me that the opening of Jimmy lohns would benefit not just the community but
the city itself.
I sincerely thank you for your time, and should you want to reach out to me please call me at 720-357-
9133.
Regards,
John A.Thomason,
President, Park Resort Properties LTD.
206
Page 163 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib it 1f
� �rv��rty
_ . Management''
PMI ESTES PARK
June 14, 2020
Town Board of Trustees
Town of Estes Park
170 MacGregor Ave
Estes Park, Co. 80517
Dear Honorable Mayor and Town Board of Trustees,
Please find this letter in support of allowing the developers and owners of the Jimmy
John's restaurant to open the restaurant on July 1, 2020. In their efforts to develop the
Alarado Business Complex they have developed an urgent care facility plus a dedicated
employee housing facility for Estes Park employer's and their employees. These two
developed projects bring a much-needed value to our community and is long overdue
and something our community needed.
The third piece to this development is the Jimmy John's restaurant also an added plus
to our community providing more options for a fast and convenient place for our locaf
residents as well as our visitors. It is my understanding the restaurant is ready to open
with only a traffic warrant study standing in the way of the grand opening.
I have to believe there is an opportunity to navigate this current issue without standing
in the way and allowing the owners of the developed complex and restaurant from
opening their doors. They have dedicated millions of dollars to this project only to be
met with resistance. At this juncture I would believe allowing this business to open and
provide our community with an infusion of much needed tax dollars only makes sense.
Again, I do support the opening of the Jimmy John's restaurant and know the Town
Board will do the right thing in this case. I thank you for your time and consideration.
Sincerely, 4
. ,,�,.e-`Z
/�� Lowell R��rdson
!�
PMI Estes Park
1184 Graves Ave #B
Estes Park, Co. 80517
207
Page 164 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
�ction Item 2 Exh ib it Vll
Subject: FW: Support for opening Jimmy Johns
From: Lonnie Sheldon <lonnie@vanhornen�ineerin�.com>
Sent: Monday,June 15, 2020 6:51 PM
To:townclerk�estes.or�; Leslie Conley<leslie vanhornen�ineerin�.com>; Stewart Olive
<stewart�olivelaw.com>
Subject: Support for opening Jimmy Johns
Jackie, I do not think my last email made it to you. It was just at 5 pm (Mountain Time) and I think it came from
Airbits not G-Mail which caused the issue (if it didn't get through). I will try to recall it as best I can here (but the
first version was better).... please forward this to:
Mayor Koenig and Town Board Members,
This email is in support of opening the Jimmy Johns Business in the Alarado Business Park as soon as
possible. The Developer's have worked very long and hard at this quest for an opening in the summer of
2020. They have had challenges on several fronts (described below) and have remained diligent in
promoting this business in the Estes Valley for the benefit of many. The initial development was approved with
a lane addition (east bound)to improve the Level of Service (LOS) for the left hand turning vehicle from Steamer
to US 34 (lessen delays for that movement). It is important to note that the delay for that movement had
a failing LOS before the developer's committed to improvements at that intersection. This "in-fill" development
is also a "use by right" development,yet,this development is improving both the traffic and water situation for
many more than themselves. Their waterline 'looping connection' uses a 10" diameter line where an 8" would
have been sufficient(shared materials cost with the Town). It also connects across US 34 which was an
expensive utility crossing. There, of course, is also community benefit in the way the Urgent Care use is being
provided a visible place to reside/access and for the numbers of Employee Housing the development will
provide (again benefitting more than the development).
This development started with the lane improvement mentioned above and at the time,traffic was still
influenced by the 2013 flood and US 34 being closed. A signal light was chosen as the best alternative given the
long term goals of the Public Works Department (not to widen the road and then in 5-10 years have to lessen
the road width for the ultimate desired round-about there). Specific traffic counts were obtained and the signal
light was proven to meet warrants and the Developers returned to the Planning Commission and obtained
approval for that required off site improvement change.
CDOT and the Town PW Department have been heavily involved in this signal design as has been a specialist
Signal Design Engineer(Fred Lantz). Van Horn Engineering has worked with all agencies in producing round 2 of
the construction plans for this intersection which are in for review now. There are no large points of contention,
rather only details to iron out. The Developers have secured this improvement financially and are committed to
it's installation. Traffic counts are less in Estes Park this summer due to COVID restrictrictions and
fears. The signal light is certainly in line for use when the traffic impacts come (best case is next summer for the
'new normal').
The Developers have done their part and more for this approval and given the circumstances, I feel they should
be allowed the opportunity to open their Estes Park business this summer with the signal light installed prior to
Memorial Day 2021.
Thank you sincerely for your consideration of this request.
Lonnie
Lonnie Sheldon, Colorado PE and PLS
For Van Horn Engineering and Surveying Inc.
208
i
Page 165 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Cel I: 970-443-3271
Email: lonnie(�vanhornen�ineerin�.com
209
2
Page 166 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 E�ch ib it X
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Nick Smith,
Russ Schneider, Robert Foster, Frank Theis, Steve Murphree
Attending: Chair Leavitt, Commissioners, White, Foster, Murphree. Smith and Theis,
Schneider
Also Attending: Director Randy Hunt, Town Attorney Greg White, Senior Planner Jeff
Woeber, Planner II Brittany Hathaway, Town Board Liaison Ron Norris,
County Staff Liaison Michael Whitley, Recording Secretary Karin
Swanlund
Absent: none
Chair Leavitt called the meeting to order at 1:30 p.m. There were approximately 30 people in
attendance.
1. OPEN MEETING
Planning Commission/Staff Introductions
2. APPROVAL OF AGENDA
It was moved and seconded (Theis/Foster) to change the order of the agenda as
presented moving item number 6 Castle Ridge Rezone to item number 5. The
motion passed 6-0, with Murphree not voting.
3. CONSENT AGENDA
Approval of August 21, 2018 Planning Commission meeting minutes.
It was moved and seconded (White/Smith) to approve the consent agenda as
presented and the motion passed 7-0.
4. PRELIMINARY SUBDIVISION PLAN: Beaver Point Subdivision, 1281 High Drive
Planner Hathaway reviewed the project. It is located to the east of Heinz Parkway and
north of Moraine Avenue, within Town limits. The property is zoned A-Accommodations.
The land area is 2.85 acres and is currently developed with a single family home and
garage. The proposal is to create 3 legal lots. There have been no public comments.
Staff recommended approval of the proposed Preliminary Minor Subdivision Plat.
Owner/Applicant Discussion:
Dave Bangs, Trail Ridge Consulting Engineers, was available to answer questions. There
was compliance with county regulations pertaining to fire. There were no agency
comments of significance found.
210
Page 167 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Commission Comments:
No concerns were observed in walking the property.
It was moved and seconded (Foster/Murphree) to recommend that the Town Board
of Trustees approve the Beaver Point Minor Subdivision Plat according to findings
of fact, including findings recommended by staff. The motion passed 7-0.
5. ZONING MAP AMENDMENT: Castle Ridge Minor Subdivision, Fall River Road,
northwest of West Elkhorn Avenue.
Planner Woeber reviewed that the applicant, Estes Park Housing Authority, is contracting
to purchase this property contingent on approval of rezoning from RE-Rural Estate to RM-
Multi Family Residential. The parcel is just under 7 acres in size. A conceptual
development plan was submitted. Legal notices were published and letters mailed to
adjacent property owners. Staff recommended approval of the proposed Zoning Map
Amendment.
Applicant Discussion:
Current property owner Bill Van Horn stated that it is an appropriate change of zoning for
this property. Estes Park Housing Authority Executive Director Naomi Hawf spoke on the
needs of work force housing and the plans for the lot. Thomas Beck, Architect, added
that this is adequate zoning for this lot and it is possible to develop this as multi-family as
long as it is kept to the bottom 1/3 of the lot.
Public Comment:
Jon Nicholas, Estes Park Economic Development Committee, was not asked by his board
to endorse this, but the location is ideal with the Fall River corridor being commercial, and
the closeness to Elkhorn Avenue.
Commission Comments:
Proximity to downtown and the natural zoning buffer make this a desirable project. There
is no guarantee that the housing authority will buy the property, and once it is rezoned, it
is rezoned with all uses that come with RM zoning.
It was moved and seconded (White/Murphree) to recommend that the Town Board of
Trustees approve the Zoning Map Amendment application for Lot 2 of the Castle
Ridge Minor Subdivision, according to findings of fact recommended by staff. The
motion passed 7-0.
6. DEVELOPMENT PLAN: Alarado Business Park, 800 Big Thompson Avenue (new
address pending), Lot 1 of Stanley Hills Subdivision.
Planner Hathaway reviewed the proposal of a mixed-use commercial and residential
building including an urgent care facility, sandwich shop and employee housing. Written
notice has been mailed to adjacent property owners, a legal notice was published and the
applicant posted signs on the property. Public interest is medium, both in support of and
211
Page 168 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
opposed to the project. Staff recommended approval of the Alarado Business Park
Development plan with the following conditions: The proposed eastbound through lane
on US 34 is subject to final approval by Public Works and CDOT, and any future change
in use will require a new Traffic Impact Study and associated mitigation.
Commissioner/Staff discussion:
Residential use is classified as employee housing as an accessory use which is allowed
in CO zoning. No housing for the general public will be allowed.
Owner/Applicant discussion:
Lonnie Sheldon, Van Horn Engineering, reviewed the timeline and details of the project
with a PowerPoint presentation. A neighborhood meeting was held, which was well
attended. All code requirements have been met, including the Variances approved by the
Board of Adjustment on October 2. Maximum occupancy would be limited to 8 unrelated
people per unit. The land has at this lot has always been zoned commercial, one of the
few vacant CO lots left in town. A buffer of dedicated open space exists on north and
west sides of the lot. Drainage and utilities have not been controversial. 20-year deed
restrictions for employee housing have been drafted. This development meets the code
of CO zoning and land use by right as well as meeting community needs.
Ryan Wells, owner/developer, reviewed his background and reasoning behind the project.
The property was originally planned for just a Jimmy Johns, but through numerous public
conversations, it evolved into the current design.
Matt Delich, Traffic Consultant, spoke at length on the traffic studies conducted, both in
low and high season. Adding the Eastbound through lane meets the criteria for the Town
of Estes Park and CDOT.
Larry Leaming, CEO of Estes Park Health (EPH), spoke on the interest the hospital has
and the importance of Urgent Care, especially after business hours. The Emergency
Room should not be the only option for medical care. The traveling public are use to
looking for Urgent Care. This will be available and visible for all, with x-rays, lab and
pharmacy on site. Ambulances will be taking people to the ER, not urgent care. Hours
will be tracked and decided based on demand. Associated expenses will not strain the
Hospital or Family Medical Clinic due to revenues gained from the urgent care.
Phil Heinrichs, owner/developer, stated his commitment to the long term success of the
project. The on-site Jimmy John's manager will also act as the property manager. Eight
business have made commitments for leasing residences.
Public Comment:
Those speaking against the Development Plan, citing reasons of the disproportional
residential footage ratio to the commercial footage, delivery vehicles for Jimmy Johns not
calculated into the traffic study, pedestrian and automobile traffic, and not enough parking:
212
Page 169 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
David Courtes, Janet Jones, Shaun Jones, Deb Seick, Kris Adams, Pete Maxwell.
Those speaking in favor of the Development Plan stating the huge need for housing and
meeting community needs:
Tim Cashman, Randy Brigham, David Batey, Gerald Mayo, Ryan Leahy, Charlie Dickey,
Bill Van Horn, John Nicholas, Guy Beesley, Naomi Hawf.
Applicant Comments:
Pedestrian traffic will be mostly on the north side of Highway 34, with residents going to
work at Stanley Village and downtown. The unallocated space in the building is a
basement, which Estes Park Health has agreed to lease. EPH and Jimmy Johns will
have two units each. Leases to J-1 visa holders generate enough income to cover the
whole year. Added landscaping on the eastern property line is acceptable. CDOT will not
make any commitments until a full plan set is submitted.
Commissioner concerns/discussion:
o Impressed with the interactions with the neighborhood community.
o Parking restrictions would be included in the lease: 69 spaces total, 11 for
employee housing, 44 for businesses. Spaces were calculated at 1.3 per unit. If
parking becomes a problem, it is up to the owner to correct.
o Rentals will be strictly to businesses with contracts for a unit, and inhabitants must
be employed in the Estes Valley, not leased to the general public.
o EPH stated that they are renting the entire 12,000 sf. 3000 for urgent care, the
extra 9,000 sf will be determined as needs arise.
o Traffic study does not meet peak hour needs for a light.
o The risks involved will fall on the developer, not the town.
o Traffic light, cross-walk or roundabout installation discussions with CDOT.
o One building will not make a huge difference in traffic compared to the benefit the
project will provide.
o Mixed use is a creative and thoughtFul design.
o Planning Commission has no jurisdiction over the Board of Adjustment's decision.
o Request for an additional traffic and pedestrian study when project is complete.
It was moved and seconded (Theis/Foster) to approve the Alarado Business Park
Development Plan with the following conditions: Additional landscaping shall be
installed along the eastern property line, including trees and shrubs to provide
adequate screening from the neighboring property, with the landscaping to be
designed and installed outside the dedicated public utility easement. The motion
passed 7-0.
MINUTES AMENDED AT THE 7/16/19 PLANNING COMMISSION MEETING AS
WRITTEN BELOW:
213
Page 170 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
It was moved and seconded (Theis/Foster) to approve the Alarado Business Park
Development Plan according to the findings of fact, with findings and conditions
recommended by staff, with the condition that the applicant provide a plan that
shows trees planted on the eastern boundary as part of a landscape buffer, and
they can be on the neighbors property to satisfy that, to provide adequate
screening from the neighboring property, with the landscaping to be designed and
installed outside the dedicated public utility easement. The motion passed 7-0.
Due to time constraints, Chair Leavitt adjourned the meeting at 4:18 p.m.
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
214
Page 171 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Ac#ion Item 2 E�ch ib it Y
�
T��N oF F�,STES PARI
Staff Report • � • �
To: Estes Valley Planning Commission
From: Brittany Hathaway— Planner I I
Date: October 16, 2018
RE: Development Plan—Alarado Business Park
Applicant Reauest:
Approval of a Development Plan for a mixed-use development project consisting of commercial
and employee housing uses.
Plannina Commission Obiectives:
1. Review for compliance with the Estes Valley Development Code (EVDC).
2. Conduct a public hearing to consider applicant's testimony, public comment, and Town staff's
findings and analysis; and
3. Approve or deny the Development Plan application.
Location:
800 Big Thompson Ave. (new address pending), north of Big Thompson Ave. (Highway 34), and
east of Steamer Pkwy., legally described as Lot 1 of Stanley Hills Subdivision.
Vicinitv Maa: See Attachment#1
Owner/Applicant: Alarado Properties, LLC
Aaplicant's Rearesentative: Lonnie Shelton, Van Horn Engineering
Proiect Description:
Present Situation: The subject property is 1.95 acres in size and is undeveloped. The site is
zoned CO (Commercial Outlying).
History: The property has been designated for commercial uses since its 1977 Stanley Hills
PUD inception, including uses such as retail, restaurants, medical offices and hotels. However,
during the 2000 valley-wide rezoning the PUD was not re-established. Therefore, the current
zoning designation of CO applies along with permitted uses therein.
Proposal: Development of a mixed-use commercial and residential building including a 12,846
square-foot urgent care facility, a 1,800 square-foot sandwich shop, and employee housing.
The proposal for the employee housing element is for large shared units on the second and third
levels of the project. 7 of the proposed 9 units are designed to be 5 bedrooms at a square footage
of 3,240 each, including the south facing balcony. The remaining 2 units are designed to be 2
bedrooms each between 1,200 and 2,200 square feet. See Variances.
215
Page 172 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
To date, staff has received a number of commitment letters from Estes Valley employers (see
Attachment#6) in connection with the residential space. So far, both of the 2-bedroom units have
been committed and 5 of the 5-bedroom units have been committed. Additional letters of support
have indicated interest as well in the remaining units.
Variances: Per EVDC §5.2, employee housing units may not exceed 800 square feet. A
variance was granted by the Board of Adjustment on October 2, 2018 to allow individual units at
a square footage of up to 3,240 each.
Additionally, per EDVC §5.2, accessory employee housing square footage may not exceed that
of the principal use. A variance was granted by the Board of Adjustment on October 2, 2018 to
allow the accessory employee housing use (located on the second and third floors) to exceed
that of the principal commercial uses (located on the ground floor).
Site Data Table:
Engineer: Lonnie Sheldon, Van Horn Engineering
Parcel Number: 2519310001 Development Area: 1.95 acres
Existing Land Use: Undeveloped Proposed Land Use: Mixed-use
(commercial and residential)
I Zoning Designation: CO, Commercial Outlying I
I Adjacent Zoning: I
East: E-1, Estate North: R, Residential
I West: R, Residential I South: CO, Commercial Outlying I
I Adjacent Land Uses: I
East: Stanley Heights Addition B Single- North: Stanley Hills Subdivision Single-
Family Residences Family Residences, and HOA open space
West: Stanley Hills HOA open space and South: Safeway Gas Station (Commercial)
Stanley Village (Commercial) and Highway 34
I Services: I
I Water: Town of Estes Park � Sewer: Estes Park Sanitation District I
Review Criteria:
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. Buildings and Lots. One mixed-use building is proposed. A drive-through is proposed
to service the Jimmy John's on the west side of the project and residential access is
gained from the rear of the building. The building and site meets height restrictions, lot
coverage, and setback requirements.
The applicant has provided a photo simulation to depict views from those homes facing
the proposed development and Highway 34. The project is shown to mask primarily the
highway and Safeway gas station, with minor obstruction of range views. Note that views
are not protected within the EDVC, therefore the photo simulation is for informational
purposes only.
Planning Commission, October 16, 2018 Page 2 of 6
Alarado Business Park Development Plan 216
Page 173 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Additionally, the EVDC does not provide for design regulations or guidelines. As such,
the overall aesthetic design of the building is not governed by code.
2. Employee Housing. A required Restrictive Covenant and Agreement regarding the
employee housing restrictions and requirements is being finalized and is available
electronically on the Town website at the following link:
www.estes.ora/currentapplications
Per EVDC §5.2, employee housing units shall be deed-restricted for a period of time no
less than 20 years. Such restriction shall include a prohibition of short-term rentals (less
than 30 days) and/or rentals to the general public.
3. Landscaping. The project is required to plant a minimum buffer of 15 feet along the
entire street frontage to include 1 tree for each 40 lineal feet and 1 shrub for every 15
lineal feet. The applicant exceeds this requirement.
A minimum buffer of 8 evergreen trees and 11 shrubs per 100 linear feet of district
boundary between residential and commercial zoning is required.
• This requirement cannot be met on the eastern boundary due to utility lines and
easements, therefore the sanitation district will not permit trees in this area. Due
to limited plantings allowed, the applicant has proposed to install 13 shrubs.
• A district buffer is not required when abutting property is visually separated as
present on the western boundary by platted open space. However, the applicant
has provided 14 shrubs and 3 trees along this boundary.
• The northern boundary buffer requirement has been met.
Additionally, parking lot planting requirements of 1 tree and 2 shrubs in interior islands
have been met in areas that do not conflict with utility lines (root intrusion). In areas of
conflict, 2 shrubs were provided.
4. Water. Water is to be provided by the Town of Estes Park Water Division. The Division
has outlined numerous requirements for the development, some of which have been
addressed by the applicant on the Development Plan, and some of which are applicable
to construction and the building permit stage.
5. Fire Protection. Estes Valley Fire Protection District provided comments regarding
striping, FDC locations, and clearance. All of which have been addressed by the
applicant. Additional requirements related to fire sprinklers and alarms will be addressed
at the building permit stage.
6. Electric. Electric service is to be provided by the Town of Estes Park Light and Power
Division. The Division's requirements have been met.
7. Sanitary Sewer. The Estes Park Sanitation District, who will provide central sewer
service to the proposed development, had comments pertaining to easement access,
line locations, cleanout locations and manhole locations. All comments have been
addressed.
Planning Commission, October 16, 2018 Page 3 of 6
Alarado Business Park Development Plan 2�7
Page 174 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
8. Stormwater Drainage. A drainage study was submitted, and reviewed by engineering
staff with the Town of Estes Park Public Works Department. Onsite detention is
proposed, at the southeast corner of the property where water will be treated and
controlled at the release rate. One off-site improvement is proposed in conjunction with
the Estes Valley Recreation District to re-shape the ditch to carry stormwater from the
site to the Big Thompson River. Public works has no objection.
9. Access. Access to the site is proposed to be a full service access via Steamer Parkway
with grades below 9%. A traffic impact study (TIS)was conducted for the project. The
TIS evaluated Level of Service (LOS) impacts resulting from the proposed development.
Several measures were discussed to mitigate traffic impacts, including a partial service
entrance, a traffic signal, a roundabout, turn control onto US 34, and the addition of a
new eastbound through lane along US 34. As the warrant was not met for the signal,
and the other options were not deemed practical, the TIS proposed an additional
eastbound lane on US 34 as a mitigation measure to the LOS at the Steamer Parkway
and US 34 intersection.
The Proposed Lane Improvement Plan is provided in the Development Plan. Conditional
approval is recommended dependent on future approval of this traffic mitigation measure
and issuance of applicable CDOT permits.
10. Sidewalk/Trail. The applicant has proposed an 8' trail along Steamer Pkwy with
pedestrian crosswalks to connect to the existing walkway at the Safeway Gas Station
and the walkway along Highway 34.
11. Parking. The applicant has proposed 69 parking spaces. 11 spots are dedicated for the
employee housing units, 14 spots for the Jimmy John's, and 44 spots for the Urgent
Care.
� Use � Requirement � Provided �
Employee Housing 2 per unit @ 9 units= 18 11*
Eating Establishment w/ 1 per 50 sq.ft. of customer 14 + stacking
Drive -through Service area + vehicle stacking
spaces = 14 + stacking
� Emergency Health Care � Parking Study (§7.11.E) � 44 �
* It should be noted that in addition to committed employers within walking distance, many
employers employ J-1 visa program participants, therefore parking concerns are mitigated
through alternative means of transportation such as bus, shuttle, and biking. Four bike
racks are also proposed.
12. Outdoor Lighting. All lighting will be shielded and deflected down in compliance with
EDVC §7.9.
13. Comprehensive Plan. This project conforms to goals and policies within the
Comprehensive plan. Specifically as follows:
• Policy 5.5— Provide for mixed-use developments which integrate commercial,
housing, employment and service needs.
• Policy 5.7 — Identify affordable housing opportunities on an ongoing basis.
Planning Commission, October 16, 2018 Page 4 of 6
Alarado Business Park Development Plan 2�$
Page 175 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
• Policy 5.9—Support the creation of public and private funding sources for
affordable housing.
• Policy 5.10— Establish a linkage between new development and the provision of
affordable housing.
This project is also located within the North End Planning Sub-Area, which recognizes
commercial development possibilities along US 34. It states that development along US
34 should be "visibly unobtrusive". The proposed development is to be elevated in a
manner that attempts to protect neighboring views of the range, and recedes into the
hillside. The North End also considers potentially unsafe turning movements along US
34, which are to be mitigated through an eastbound lane extension proposed with this
development.
Public Notice:
Written notice has been mailed to adjacent property owners in accordance with EDVC, Section
3.15 General Notice Provisions. A legal notice was published in the Estes Park Trail-Gazette
and the application is posted on the Town's "Current Applications" webpage. The applicant has
also posted two "development proposal under review" signs on the property.
Public Interest: Medium
There is some opposition to the project from area residents, namely residents of the Stanley
Hills Subdivision. Overall design, traffic, pedestrian safety, and access are the main concerns
expressed in letters of opposition.
There have also been several letters of support and commitment from local business owners
and managers, which have been included in the packet. All comments received are available at:
www.estes.ora/currentapplications
Staff Findinas:
Based on the foregoing, staff finds:
1. The Planning Commission is the Decision Making Body for the Development Plan.
Adequate public/private facilities are currently available to serve the proposed project.
2. The development plan is consistent with the recommendations of the Estes Valley
Comprehensive Plan.
3. This request has been submitted to all applicable reviewing agency staff for consideration
and comment. Concerns and issues that were raised have been addressed or will be
addressed at time of building permit.
Recommendation:
Staff recommends approval of the Alarado Business Park Development Plan, with the following
conditions:
1. The proposed eastbound through lane on US 34 is subject to final approval by Public
Works and CDOT, including, but not limited to: private driveway impact, drainage
analysis, and confirmation of appropriate lane length to properly mitigate level of service.
2. Any future change in use will require a new Traffic Impact Study and associated
mitigation.
Sample motion:
1. I move to approve the Alarado Business Park Development Plan application according
to findings of fact with findings and conditions recommended by Staff.
Planning Commission, October 16, 2018 Page 5 of 6
Alarado Business Park Development Plan 2�9
Page 176 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
2. I move to continue the Alarado Business Park Development Plan application to the next
regularly scheduled meeting, finding that ... [state reasons for continuing].
3. I move to deny the Alarado Business Park Development Plan application, finding that ...
[state findings for denial].
Attachments:
1. Vicinity Map
2. Statement of Intent
3. Application
4. Development Plan Set
5. Building Elevations & Floorplans
6. Letters of Commitment & Interest
7. Photo Simulation
8. Public Comments
Planning Commission, October 16, 2018 Page 6 of 6
Alarado Business Park Development Plan 220
Page 177 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action Item 2 Exh ib it �
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Steve
Murphree, Frank Theis, Nick Smith, Dave Converse
Attending: Chair Leavitt, Vice-Chair White, Commissioners Murphree, Theis,
Smith, Converse
Also Attending: Director Randy Hunt, Planner I Linda Hardin, Senior Planner Jeff
Woeber, Recording Secretary Karin Swanund, Town Board Liasion
Ron Norris, Town Attorney Dan Kramer
Absent: None
OPEN MEETING
Chair Leavitt called the meeting to order at 6:00 p.m. There were approximately 35 people
in attendance.
APPROVAL OF AGENDA
It was moved and seconded (White/Smith) to approve the agenda as
presented and the motion passed 6-0.
PUBLIC COMMENT
None
CONSENT AGENT
1. Study Session Minutes dated July 16, 2019
2. Meeting Minutes dated July 16, 2019
It was moved and seconded (Converse/Theis) to approve the consent agenda
as presented and the motion passed 6-0.
ACTION ITEMS
1. DEVELOPMENT PLAN: THE MEADOW CONDOMINIUMS at WILDFIRE
Senior Planner Woeber gave a synopsis of the entire Wildfire Development Plan.
He reviewed the Development Plan proposal for The Meadow Condominiums.
The applicant proposes to develop the vacant lot with nine condominium
buildings, eight units per building, containing a total of 72 individual units. All units
will be qualified as workforce housing. Workforce housing, under the EVDC
§11.4.C., requires, "...at least one (1) resident in each housing unit annually
submits an affidavit, including a copy of a W-2 form, to the Town certifying that
the resident is employed within the Estes Park School District R-3 Boundary
Map."
221
Page 178 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
As all units are proposed as workforce, the applicant is able to utilize the density
and height bonus incentives per EVDC §11.4. The maximum permitted density
for this lot using the density bonus incentive (200% of maximum base) is 84
units; however the applicant is proposing 72 with this project. A Restrictive
Covenant Agreement is required.
Applicant Discussion: Lonnie Sheldon, Van Horn Engineering, distributed a letter
of support from the Estes Park Economic Development Corp. He shared a slide
show explaining the project and the steps that have been taken thus far in the
process as well as the architectural plans and distances from the residences to
the south of the development and emergency access points. The price point of
units is planned at $260,000-$425,000. A turn lane is not required per the
LCUASS Standard (Larimer County Urban Area Street Standards). However, the
owners have agreed to install a left turn lane at Wildfire Drive; no additional
land will be required to do this.
Public Comment: Anna Schonlau, town resident, asked who will be enforcing the
workforce housing and commented that the emergency outlets do not meet the
fire code requirements. Hold off on any advancement until these concerns are
discussed.
Applicant response: Reviews with the Fire Marshall have been ongoing and
frequent. There are numerous emergency access points planned.
Commission Discussion: Attorney Kramer noted that workforce housing will be
reviewed by the Town and the Housing Authority, working together to verify
employment. Modifications to the Covenants would be decided by the Town
Board of Trustees. The Restrictive Covenants run for 50 years. Woeber
addressed the emergency outlets, stating that the Fire Marshall thoroughly
reviewed the plan and will permit some leeway with ingress and egress.
It was suggested to have a letter from the Fire Marshall or have him present at
the Town Board Meeting.
It was moved and seconded (White/Theis) to APPROVE The Meadow
Condominiums at Wildfire Development Plan application according to
findings as presented. The motion passed 6-0.
2. PRELIMINARY CONDO MAP, The Meadow Condominiums
Staff noted the Preliminary Condominium map is nearly identical to the
Development Plan.
It was moved and seconded (White/Murphree) to forward a recommendation
of APPROVAL to the Town Board of Trustees of The Meadow
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Page 179 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
Condominiums at Wildfire Preliminary Condominium Map application,
according to findings of fact recommended by Staff. The motion passed
6-0.
3. THE DIVIDE CONDOMINIUMS at WILDFIRE.
The applicants propose to develop the vacant lot with two condominium
buildings, with eight units per building, containing a total of 16 individual units. All
units will be qualified as workforce housing. Workforce housing, under the EVDC
§11.4.C., requires, "...at least one (1) resident in each housing unit annually
submits an affidavit, including a copy of a W-2 form, to the Town certifying that
the resident is employed within the Estes Park School District R-3 Boundary
Map." As all units are proposed as workforce, the applicant can utilize the
density and height bonus incentives per EVDC §11.4. The maximum permitted
density for this lot using the density bonus incentive (200% of maximum base) is
16.3 units, where the applicant is proposing 16. The height bonus incentive
allows a maximum height of 38 feet, with a maximum height of 34.83 feet being
proposed.
Applicant Discussion: see above for The Meadow
Public Comment: see above for The Meadow
It was moved and seconded (White/Leavitt) to APPROVE The Divide
Condominiums at Wildfire Development Plan application according to
findings as presented. The motion passed 6-0.
4. PRELIMINARY CONDO MAP, The Divide Condominiums
Staff noted the Preliminary Condominium map is nearly identical to the
Development Plan.
It was moved and seconded (White/Murphee) to forward a recommendation
of APPROVAL to the Town Board of Trustees of The Divide Condominiums
at Wildfire Preliminary Condominium Map application, according to
findings of fact recommended by Staff. The motion passed 6-0.
5. ESTES PARK CHALET DEVELOPMENT PLAN
Woeber summarized the Development application proposing to rebuild the lodge,
which will have 49 rooms, a restaurant, meeting space, and a craft brewing area.
Staff notes the Estes Park Chalet project involves the rebuild of the lodge facility,
along with a new proposed "Event Facility." With that, staff has reviewed and
evaluated the impacts of the project as a whole, while at the same time
recognizing there are two distinct approval processes. The uses-by-right in the
Accommodations Zoning (Hotel/Motel and Restaurant) are considered for action
223
Page 180 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
by the EVPC in the Development Plan, while at the same time recognizing the
project involves the Event Facility. The Event Facility use itself is subject to an
S1 Level Special Review, with final action by the Town of Estes Park Board of
Trustees as the governing body. There is no recommendation by the EVPC for
the S1 Special Review. The Special Review is scheduled for the August 27,
2019, Town Board hearing.
Applicant Comments: Morgan Mulch, owner, described the past 14 months of
planning this development after the devastating fire. He has received a positive
consensus from the two HOA boards regarding the plans. 51 of 69 condos on
site are in the rental pool, the new accommodations will allow for most event
guests to be on-site. The event center will hold 200 people, the restaurant will
have 50 seats. Bo Wenzl, project manager, gave a timeline of construction
stating it will take between 14-16 months and is being done by Doan
Construction using the 2015 Building code requirements. Dave Bangs, Trail
Ridge Consulting Engineers, spoke on the emergency access points, which will
be a significant improvement from what has been, including fire sprinklers and
hydrants There was a drainage study done in 2006 for the entire area. The
majority of the project is being done in the original footprint of the burned lodge.
Sean Keller, Traffic Engineer Consultant, noted the site plan parking
requirements were calculated according to the current Institute of Traffic
Engineering total use and total demand, which calls for 195 spaces.
Considerable discussion on parking was had between the applicants and the
Commission. There is no reciprocal agreement with the church on Promontory
Drive.
Public Comment: John Meissner, town resident, asked what is being done for
fire suppression. (see above)
Commission Comments: Appreciation for the timeliness of the rebuild and the
overall likeability and creativity of the plan.
It was moved and seconded (Smith/Murphree) to APPROVE the Estes Park
Chalet Development Plan application according to findings as presented.
The motion passed 6-0.
6. BEST WESTERN-SILVER SADDLE DEVELOPMENT PLAN
Planner Hardin described the current application to add 18 guest units to the
motel, move the swimming pool to an indoor location, and add separate laundry
facilities for guests and staff. In addition, the proposal includes employee break
areas and an office. Additional parking is included to accommodate the increase
in guest units. The property has 56.5% impervious coverage, improving on the
224
Page 181 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
nonconforming standard. Parking spaces have been corrected to 19.5 feet, per
code.
Applicant comment: Wally Burke, owner, wants to bring the hotel up to modern
standards, centrally locate the lobby and make most rooms indoor-corridor.
Neighbor views will not be lost.
Pubic Comment: Ron Stevens, town resident, objected to the plan as it will
impede the view from his condo (E) in Ranch Meadows thus impacting his
property value. A redesign of the roof could minimize the impact.
Barbra Headley, town resident, stated that the height variance seems to be
glossed over.
Dave Wehrs, town resident, had questions on how the height was calculated.
Applicant response: Jason McMurren, Bas1 s Architecture, confirmed the roof is
in line with the standard 30 foot code requirement. Building heights are
calculated by taking the tallest and shortest part of the building from grade to
roofline and averaging those measurements.
Commission comments: Viewshed has been a concern in the past, but as long
as the plan follows the Development Code there is nothing the Planning
Commission can do. Submitting a cross-section of the building would make it
much easier to understand the building height.
It was moved and seconded (Leavitt/Theis) to APPROVE the Silver Saddle
Addition Development Plan application according to findings of fact and
including conditions as recommended by Staff. The motion passed 6-0.
7. MODIFICATION OF ALARADO DEVELOPMENT PLAN
Director Hunt explained the request of the applicants' request to modify the
conditions of Development Plan approval by adding an option for traffic
management on U.S. 34 adjacent to the project site. The applicants specifically
are asking that the conditional approval allows for the possibility of a traffic signal
at the U.S. 34 / Steamer Drive intersection, rather than the additional traffic lane
approved in Oct. 2018, provided that CDOT approves the signal and that other
necessary steps (including funding) align. Approval of the motion will not lock in
either option for the U.S. 34 traffic solution; it will only allow continued design of
the signal and a path to possible approval of that option.
Applicant comments: Lonnie Sheldon, Van Horn Engineering, reported that
CDOT stated that a waiver could be allowed for a traffic light less than '/2 mile
from the closest signal if traffic warrants. A traffic study was done in mid-June
225
Page 182 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Estes Valley Planning Commission
August 20, 2019
Board Room, Estes Park Town Hall
and again in August and numbers are now available to take to CDOT for review.
The applicant pursued this improvement at their own cost. This request is an
option to the original plan; it will be either/or.
Ryan Wells, owner, noted that he will fund a traffic light 100%.
Public Comment: Sean Jones, town resident, stated that 33% of Jimmy Johns
business is delivery and delivery vehicles will account for more traffic. A light will
back up traffic on Steamer Drive.
David Cordes, town resident, stated that a traffic light may not solve all the
problems, and suggested a public meeting to throw out all possible scenarios.
Applicant response: A light will provide significant breaks in traffic for turning
onto Highway 34.
Commission Comments: Questions about the fate of the pedestrian crosswalk to
the north. The Transportation Advisory Board (TAB) is an excellent venue for
public input. The final decision is up to CDOT, not Public Works or the Town
Board.
It was moved and seconded (Theis/Smith) to APPROVE the modification to
conditions of approval for the Alarado Business Park Development Plan
application according to findings of fact and including conditions as
recommended by Staff. The motion passed 6-0.
REPORTS
• Park and Recreation Amendment will be on the Town Board meeting on August
27. The "Green" option will return with camping and hunting struck out.
• Suggestion of having an on-site visual of proposed project heights for
Development Projects.
• Town and County have set a tentative meeting date of September 30 to discuss
the future of the IGA.
.
ADJOURN
There being no further business Chair Leavitt adjourned the meeting at 9:06
p.m.
Bob Leavitt, Chair
Karin Swanlund, Recording Secretary
226
Page 183 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Action I tem 2 Exh ib it �A
�
T��N oF F�,STES PARI
Staff Report • � • �
To: Estes Valley Planning Commission
From: Randy Hunt— Community Development Director
Date: August 20, 2019
RE: Alarado Business Park: Request to Modify Condition of Development Plan
Approval Re US 34 Improvements
Aaplicant Reauest:
Approval of an applicants' request to modify the conditions of Development Plan approval by
adding an option for traffic management on U.S. 34 adjacent to the project site. The applicants
specifically are asking that the conditional approval allow for the possibility of a traffic signal at
the U.S. 34 / Steamer Drive intersection, rather than the additional traffic lane approved in Oct.
2018, provided that CDOT approves the signal and that other necessary steps (including
funding) align.
Location:
420 Steamer Drive, north of Big Thompson Ave. (Highway 34), and east of Steamer Drive,
legally described as Lot 1 of Stanley Hills Subdivision.
Vicinitv Map: See attachment 1
Owner/Applicant: Alarado Properties, LLC
Aaplicant's Rearesentative: Lonnie Sheldon, Van Horn Engineering
Proiect Description:
Present Situation: The Development Plan for this project (attachment 3) was approved on Oct.
16, 2018. The Planning Commission minutes (attachment 4) indicate that the Plan was
approved with an additional eastbound lane to be added on U.S. 34 adjacent to the project, in
order to address additional traffic volume and complexity associated with the project.
Since the Plan approval, additional traffic analysis has been done. New traffic information
indicates that at least one signal warrant has been met for the U.S. 34 / Steamer Drive
intersection when Alarado's anticipated traffic is accounted for. (Signal warrants are standard
threshold criteria used by transportation engineers to determine if and when an intersection
qualifies for installation or modification of a traffic signal.)
Meanwhile, certain difficulties have become of concern with CDOT's approach to the additional
traffic lane. These may be described as a gradual broadening of the required minimums. A
detailed review may not be necessary here; suffice it to say that proportionality of cost between
a new lane and a signal may not be as great as once thought.
227
Page 184 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Proposal: The Town, and possibly CDOT, have also been interested in more comprehensive
solutions for the intersection, due to Alarado and to larger traffic management issues in this
vicinity as well. Again, detail would take up a lot of room in this report, but the issues can be
summarized by noting that a signal may be a better option to address conflicts between
pedestrians and motorists, as well as to accommodate traffic volume and complexity. All of this
means that additional funding could be sought to augment funding provided by Alarado for a
signal design and construction (est. cost of a new signal is upwards of$300,000.)
CDOT has not formally approved this signal option, but they are aware of the discussion and
have not said "No" so far. A formal CDOT approval would be necessary, as well as Town and
others. We should also note that until design is done, it's not 100 percent clear that a signal is
feasible, nor is it clear it won't be more expensive than the standard figure cited above.
The added lane is still the default solution, unless Planning Commission changes the condition,
and the lane design is proceeding so that no time is lost. However, if the Commission is willing
to add the additional option of a signal to substitute for the lane, design and submittal for
approvals could occur for that alternative. This is an "either-or" option, as the new traffic lane
would be unnecessary if a signal is properly designed and installed. Approval of the modified
condition would allow immediate progress toward a signal design.
Time is of the essence in this matter. As even a quick look shows, the building is underway.
Current permits are for constructing a core and shell (foundation is already in place); tenant-
finish permits for the Urgent Care and the Jimmy John's are not filed yet but are expected soon.
Staff has stated that we need to have CDOT and Town approval for a traffic solution on U.S. 34
before tenant-finish permits are issued. The Hospital indicates that they need to open the
Urgent Care in spring 2020. Staff has also stated that a Certificate of Occupancy would not be
issued for the Jimmy John's until the U.S. 34 work is finished and operational. The idea is that
traffic management infrastructure needs to be in place by the time the traffic shows up.
Unfortunately, CDOT approvals are rarely quick. Staff and the applicants agree that a timely
(Aug. 20) decision by Planning Commission is important to avoid introducing further delays.
Approval of the motion will not lock in either option for the U.S. 34 traffic solution; it will only
allow continued design of the signal and a path to possible approval of that option. Staff will be
glad to keep PC apprised of progress on resolving the traffic situation, timetables, etc.
Public Interest:
Interest in the Alarado project itself last year was moderate, with more interest in the nearby
residential area, including interest in traffic issues at the subject intersection. Interest in the
traffic lane itself has not been high. Staff has informally notified the Stanley Hills HOA that a
signal option is a possibility in this context and that there is a discussion on the PC's Aug. 20
agenda.
Staff Findinas:
Based on the foregoing, staff finds:
1. The Planning Commission is the decision-making Body for the Development Plan including
the requested modification. Adequate public/private facilities are currently available to serve
the proposed project, or will be provided in conjunction with the project.
2. The development plan is consistent with the recommendations of the Estes Valley
Comprehensive Plan.
Planning Commission, August 20, 2019 Page 2 of 3
Alarado Business Park: Condition change 22$
Page 185 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
3. This request has been submitted to all applicable reviewing agency staff for consideration
and comment. Concerns and issues that were raised have been addressed or will be
addressed at time of building and other required permits.
Recommendation:
Staff recommends approval of the following modified conditions, with all other condition(s) of
approval remaining unchanged from the Oct. 16 Planning Commission Development Plan
approval:
1. Either of the following options shall be designed and constructed to address traffic
mitigation issues identified in the project's Traffic Impact Study:
a. The proposed eastbound through lane on US 34 shall be constructed, subject to
final approval by the Town (Public Works) and CDOT, including, but not limited
to: private driveway impact, drainage analysis, and confirmation of appropriate
lane length to properly mitigate level of service; OR
b. A traffic signal at the U.S. 34 / Steamer Drive intersection shall be designed and
constructed, subject to final approval by the Town (Public Works) and CDOT.
2. Any future change in use will require a new Traffic Impact Study and associated
mitigation.
Sample motion:
1. I move to approve the modification to conditions of approval for the Alarado Business
Park Development Plan application according to findings of fact and including conditions
as recommended by Staff.
2. I move to continue the modification to conditions of approval for the Alarado Business
Park Development Plan application to the next regularly scheduled meeting, finding that
... [state reasons for continuing].
3. I move to deny the modification to conditions of approval for the Alarado Business Park
Development Plan application, finding that ... [state findings for denial].
Attachments:
1. Vicinity Map
2. Alarado Request for Planning Commission Hearing 2018-08-08
3. Final Development Plan, Alarado Business Park (approved Oct. 16, 2018)
4. Planning Commission Minutes, Oct. 16, 2018
Planning Commission, August 20, 2019 Page 3 of 3
Alarado Business Park: Condition change 229
Page 186 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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i VAN HORN ENGINEERING & SURVEYING, INC.
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3 G E N E RAL N OTES 8c D ETAI LS � o D I DES GN ENG NIEER R• JACOB SCOTT oN (970) 308-6868
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� LANTZ ASSOCIATES LLC
4 EX I STI N G C 0 N D ITI 0 N S , D E M 0 LITI 0 N , i 13335 WEST 72ND CIRCLE, ARVADA, COLORADO 80005
AND SURVEY CONTRO � ALARADO BUSINESS ° � DESIGN ENGINEER: FRED LANTZ (303) 887-3714
' GENERAL CONTRACTOR:
PARK PROJECT TATE �IV1�Y 34 W.L. CONTRACTORS
5 I M P R OVE M E NTS , STR I P I N G , 8C D RAI NAG E /� 5920 LAMAR STREET, ARVADA, COLORADO 80003 �Q� O
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—� 1911 ARROWHEAD DRIVE, HOLDREGE, NE 68949
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DATE: 6/3/2020
SHEET
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PROJ. N0.
1995-07-07
230
Page 187 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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� M-100-2 ACRONYMS AND ABBREVIATIONS (4 SHEETS) . . . . . . . . . . . . . . . . . . 4-7 31 INCHES (19 SHEETS) �f�EI//SED ON �lil,4f�CH 5, 2020� 0 S-613-1 ROADWAY LIGHTING (8 SHEETS) . . . . . . . . . . . . . . . . . . . . . . 179-186 � �
0 M-606-13 GUARDRAIL TYPE 7 F-SHAPE BARRIER (4 SHEETS) . . . . . . . . .98-101 �iQEI//SED ON DECE/IiIBEf� 2� 2019� Z o
� M-203-1 APPROACH ROADS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .
_ O M-606-14 PRECAST TYPE 7 CONCRETE BARRIER (3 SHEETS) . . . . . . . .102-104 � S-614-1 GROUND SIGN PLACEMENT (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . .187-188 W��
0 M-203 2 DITCH TYPES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 >�w
� M-203-11 SUPERELEVATION CROWNED AND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10-12 � M-606-15 GUARDRAIL TYPE 9 SINGLE SLOPE BARRIER . . . . . . . . . . . . . . .105-115 � S-614-2 CLASS I SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .189 �o�
DIVIDED HIGHWAYS (3 SHEETS) (11 SHEETS) �f�EI//SED O/V �lil,4f�CH 5, 2020� � S-614-3 CLASS II SIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . Npz
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0 M-607-2 CHAIN LINK FENCE (3 SHEETS) � 19-121 a �a
� M-206-1 EXCAVATION AND BACKFILL FOR STRUCTURES . . . . . . . . . . . . . .15-16 ' ' ' ' � � � � � � � � � � � � � � � � � � � � " " " " " " � S-614-5 BREAK-AWAY SIGN SUPPORT DETAILS 194-195 Y �
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0 M-210-1 MAILBOX SUPPORTS (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30-31 0 M-607-15 ROAD CLOSURE GATE (9 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . .129-137 � � ����� Y °
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0 M-214-1 NURSERY STOCK DETAILS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 � M-608-1 CURB RAMPS (10 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .138-147 �SUPEf�SEDEO O/V �/,4/1/U,4f�Y 2�3, 2020 BY S-614-45� �j/��� Z=�
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0 M-216-1 SOIL RETENTION COVERING 2 SHEETS . . . . . . . . . . . . . . . . . . . . 33-34 � M-609-1 CURBS, GUTTERS, AND SIDEWALKS 4 SHEETS . . . . . . . . . . . . . 148-151 _ _ �� ��/�� ���
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� M-412-1 CONCRETE PAVEMENT JOINTS (5 SHEETS) . . . . . . . . . . . . . . . . . . 35-39 � M-611 -1 CATTLE GUARD (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .152-153 O S-614-11 MILEPOST SIGN DETAIL FOR HIGH SNOW AREAS . . . . . . . . . . . . . . . 208 \�\\�� �z
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0 M 412-2 CONCRETE PAVEMENT CRACK REPAIR (4 SHEETS) 0 M 611 2 DEER GUARD (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .154 155 0 S-614-12 STRUCTURE NUMBER INSTALLATION (2 SHEETS) . . . . . . . . . . . .209-210 ��� � � �
�NEl�1! /SSUED O/V OCTOBEf� � 2019� 0 M-614-1 RUMBLE STRIPS (3 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156-158 � S-614-14 FLASHING BEACON AND SIGN INSTALLATIONS 4 SHEETS . 211 -214 \� �%� ��
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0 M 510 1 STRUCTURAL PLATE PIPE H 20 LOADING . . . . . . . . . . . . . . . . . . . . . . . . 40 0 M-614-2 SAND BARREL ARRAYS (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . 159-160
� S-614-20 TYPICAL POLE MOUNT SIGN INSTALLATIONS . . . . . . . . . . . . . . . . . . . . . .215
0 M-601 -1 SINGLE CONCRETE BOX CULVERT (CAST-IN-PLACE) . . . . . . . . 41 -42 0 M-615-1 EMBANKMENT PROTECTOR TYPE 3 . . . . . . . . . . . . . . . . . .
(2 SHEETS) . . . . . . . . . . . . . .161 � S-614-21 CONCRETE BARRIER SIGN POST INSTALLATIONS . . . . . . . . . . . . 216-217 ��
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_ _ � M 615 2 EMBANKMENT PROTECTOR TYPE 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 (2 SHEETS) � �
0 M 601 2 DOUBLE CONCRETE BOX CULVERT (CAST-IN-PLACE) . . . . . . . 43-44 ��\
(2 SHEETS) 0 M-616-1 INVERTED SIPHON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 0 5-614-22 TYPICAL MULTI-SIGN INSTALLATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
0 M-601 -3 TRIPLE CONCRETE BOX CULVERT (CAST-IN-PLACE) . . . . . . . 45-46 � M-620-1 FIE�D LABORATORY CLASS 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 � S-614-40 TYPICAL TRAFFIC SIGNAL 30'-75' DOUBLE MAST ARMS . . . . .219-223
(2 SHEETS) 0 M-620-2 FIELD LABORATORY CLASS 2 (2 SHEETS) . . . . . . . . . 65'-75' SINGLE MAST ARMS (5 SHEETS)
. . . . . . . . 165-166
0 M-601 -10 HEADWALL FOR PIPES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 � M-620-11 FIELD OFFICE CLASS 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 � S-614-40A ALTERNATIVE TRAFFIC SIGNAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224-227
0 M-601 -11 TYPE "S" SADDLE HEADWALLS FOR PIPE . . . . . . . . . . . . . . . . . . . . . . . 48 25'-55' SINGLE MAST ARMS (4 SHEETS)
0 M-620-12 FIE�D OFFICE C�ASS 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 � S-614-41 TEMPORARY SPAN WIRE SIGNALS (13 SHEETS) . . . . . . . . . . . . 228-240
0 M-601 -12 HEADWALLS AND PIPE OUTLET PAVING . . . . . . . . . . . . . . . . . . . . . . . . . 49 � M-629-1 SURVEY MONUMENTS (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . .169-170 � 5-614-42 CABINET FOUNDATION DETAIL (4 SHEETS) . . . . . . . . . . . . . . . . . . .241 -244 � � Q
0 M-601 -20 WINGWALLS FOR PIPE OR BOX CULVERTS (2 SHEETS) . . . 50-51 �"� �i A
� S-614-43 TRAFFIC LOOP AND MISCELLANEOUS SIGNAL DETAILS . . . . . 245-252 Q�
0 M-603-1 METAL PIPE (4 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52-55 (8 SHEETS) w a �
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0 M-603-2 REINFORCED CONCRETE PIPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 CO �ORADO � S-614-44 PEDESTAL POLE SIGNALS (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . .253-254 x � Q
0 M-603-3 PRECAST CONCRETE BOX CULVERT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 � S-614-45 PEDESTRIAN PUSH BUTTON POST ASSEMBLY DETAILS � U� �"'�
0 M-603-4 CORRUGATED POLYETHYLENE PIPE (AASHTO M294) . . . . . . . . . . . . 58 DEPARTMENT OF TRANSPORTAT ON �NEI�I! /SSUED ON </,4NU,4f�Y2�3, 2020� W �
AND POLYPROPYLENE PIPE (AASHTO M330) _ _ _ A Z �
M TA �l A R P A � T � S 614 50 STATIC SIGN MONOTUBE STRUCTURES (12 SHEETS) . . . . . . . .255 266 � �
0 M-603-5 POLYVINYL CH�ORIDE (PVC) PIPE (AASHTO M304) . . . . . . . . . . . . . 59 � � � D D � � I �1 J � _ Q�' � "
� S-614-60 DYNAMIC SIGN MONOTUBE STRUCTURES (14 SHEETS) . . . . . 267 280 A � �
0 M-603-6 STEEL REINFORCED POLYETHYLENE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Z � �i
RIBBED PIPE (AASHTO MP 20) u � � 2 01 g � S-627-1 PAVEMENT MARKINGS (9 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . .281 -289 �
y 9 �f�El//SED O/V %PiQ/L 1� 2020� Q� a
� M-603-10 CONCRETE AND METAL END SECTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . 61 � S-630-1 TRAFFIC CONTROLS FOR HIGHWAY CONSTRUCTION . . . . . . . . .290-313 � �
0 M-603-12 TRAVERSABLE END SECTIONS AND SAFETY GRATES . . . . . . . 62-64 0 0 (24 SHEETS) � A U�
R e v s e d � rl A r � � 2 0 2 0 � S-630-2 BARRICADES DRUMS CONCRETE BARRIERS TEMP . . . . . . . . . . . . . . . .314 � � w
(3 SHEETS) p 9 � � � �
0 M-604-10 INLET, TYPE C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 AND VERTICAL PANELS � �
0 M-604-11 INLET, TYPE D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 0 S-630-3 FLASHING BEACON (PORTABLE) DETAILS . . . . . . . . . . . . . . . . . . . . . . . . . .315 � w
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� M-604-12 CURB INLET TYPE R (2 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67-68 A�� OF THE M �CS STANDARD P�ANS, AS SUPPLEMENTED 0 S-630-4 STEEL SIGN SUPPORT (TEMPORARY) INSTALLATION . . . . . . . . . 316-317
DETAILS (2 SHEETS)
0 M-604-13 CONCRETE INLET TYPE 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 AND REV SED, APP�Y TO THIS PROJECT WHEN USED
� S-630-5 PORTABLE RUMBLE STRIPS (TEMPORARY) (2 SHEETS) . . . . . 315-319
0 M-604-20 MANHOLES (3 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70-72 B Y D E S G N A T E D P A Y T E M O R S U B S D A R Y T E M . �
0 M-604-25 VANE GRATE INLET (5 SHEETS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73-77 � S-630-6 EMERGENCY PULL-OFF AREA (TEMPORARY) . . . . . . . . . . . . . . . . . . . . . . . 320 w o
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0 S-630-7 ROLLING ROADBLOCKS FOR TRAFFIC CONTROL . . . . . . . . . . . . . 321 -323
0 M-605-1 SUBSURFACE DRAINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 (3 SHEETS) DRAWN BY:
JJS
THE M �CS STANDARD P�ANS USED TO DES GN THIS PROJECT ARE CHECKED BY:
�S
IND CATED BY A MARKED BOX ■� AND W �� BE ATTACHED TO THE SCALE „_ ,
1 -10
D,4TE: 6/3/2020
P�ANS. ALL THE OTHER M �CS STANDARD PLANS ARE ST �� E� GIB�E
FOR CONSTRUCT ON F APPROVED BY AN APPROPR ATE CDOT ENG NEER. SHEET
OF
6
PROJ. N0.
1995-07-07
231
Page 188 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
� � � � �
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UTILITIES: 2.0% SHALL BE REMOVED AND REPLACED AT NO COST TO THE OWNER. EN3: ONCE CONSTRUCTION HAS BEEN COMPLETED THE CDOT PROJECT CONSTRUCTION. NO TREES SHALL BE REMOVED WITHOUT PRIOR APPROVAL � N Z
U 1 : FOR UTILITY LOCATES, THE CONTRACTOR IS RESPONSIBLE FOR CONTACTING MANAGER, THE CDOT REGION 4 WATER POLLUTION CONTROL MANAGER, THE FROM THE OWNER. TREES SHALL BE FALLEN AND REMOVED FROM THE a o 0 0
THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT 811 AT LEAST C10: VEGETATION: THE CONTRACTOR SHALL PROTECT EXISTING VEGETATION NOT LOCAL AGENCY PROJECT MANAGER, AND THE CONTRACTOR WILL CONDUCT A PROJECT ON THE SAME DAY OF REMOVAL. THE CONTRACTOR SHALL � z z �
THREE (3) WORKING DAYS (NOT INCLUDING THE INITIAL DAY OF CONTACT) SPECIFICALLY IDENTIFIED FOR REMOVAL TO THE GREATEST EXTENT POSSIBLE. WALKTHROUGH OF THE PROJECT SITE. THE PURPOSE OF THE PROTECT EXISTING TREES TO THE GREATEST EXTENT POSSIBLE. ' `� � �
PRIOR TO DIGGING, GRADING OR EXCAVATING. REMOVAL OF TREES, UNLESS SPECIFICALLY IDENTIFIED IN THE PLANS SHALL WALKTHROUGH IS TO IDENTIFY ANY AREAS WHERE BMPS NEED TO BE o w � Z w
BE APPROVED BY THE OWNER PRIOR TO REMOVAL. THE CONTRACTOR IS REMOVED OR MAINTAINED. PLEASE CONTACT DAVID HOOK AT LEAST 7 DAYS EROSION CONTROL NOTES: in � � � �
U2: THE LOCATION OF EXISTING UTILITIES SHOWN ON THESE DRAWINGS HAVE RESPONSIBLE FOR THE REMOVAL AND OFF-SITE DISPOSAL OF ALL PLANT PRIOR TO FINAL ACCEPTANCE TO SCHEDULE THE WALKTHROUGH. SEE STORMWATER MANAGEMENT PLAN SUBSET. w � Z � Q
BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS THE MATERIAL. � � � � Z
CONTRACTOR'S RESPONSIBILITY TO FIELD VERIFY HORIZONTAL AND VERTICAL EN4: WORKERS ON THIS PROJECT MUST FOLLOW COLORADO DEPARTMENT OF SEEDING AND MULCHING: � � o �
C11 : ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE COLORADO TRANSPORTATION CDOT SPECIFICATION 250 - ENVIRONMENTAL, HEALTH SEE STORMWATER MANAGEMENT PLAN SUBSET. � � `� w
LOCATIONS OF ALL UTILITIES PRIOR TO COMMENCING CONSTRUCTION AND � )
TO NOTIFY THE OWNER OF ANY DISCREPANCY. ALL CONFLICTING UTILITIES DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, STANDARD AND SAFETY MANAGEMENT. w � Z �
SHALL BE EXPOSED BY THE CONTRACTOR PRIOR TO CONSTRUCTION AND SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DATED 2019, AND S1 : THE PAY LIMITS FOR SEEDING ARE DEFINED BY THE CLEARING AND � �' ?
INSPECTED BY THE OWNER TO VERIFY CONFORMANCE WITH THE PLANS. AS SUBSEQUENTLY REVISED. IN THE CASE OF ANY CONFLICTS BETWEEN EN5: ALTHOUGH ENCOUNTERING IMPACTED SOIL OR GROUNDWATER IS NOT GRUBBING LIMITS SHOWN IN THE PLANS. THESE ITEMS WILL BE PAID FOR
APPLICABLE TOWN STANDARDS AND CDOT STANDARDS, TOWN STANDARDS EXPECTED, WORKERS SHALL BE ALERT DURING EXCAVATION FOR ANY BASED UPON PLAN QUANTITIES. ANY ADDITIONAL DISTURBED AREAS SHALL o 0
THIS PARTICULARLY APPLIES TO UNDERGROUND WORK TO BE COMPLETED N N
ON THIS PROJECT BY THE CONTRACTOR. RELOCATION OF EXISTING SHALL TAKE PRECEDENCE. VISUAL OR OLFACTORY SIGNS OF IMPACTS. IF IMPACTED SOIL AND/OR BE SEEDED AT NO ADDITIONAL COST TO THE PROJECT. � N N N N
UTILITIES IS NOT A PART OF THIS CONTRACT EXCEPT AS SHOWN ON THESE GROUNDWATER IS ENCOUNTERED, WORK WILL STOP IMMEDIATELY AND THE o � N � M
DRAWINGS. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATION OF C12: ALL MATERIALS AND WORKMANSHIP SHALL BE SUBJECT TO INSPECTION BY PROCEDURES OUTLINED IN THE CDOT SPECIFICATION 250 AND ASSOCIATED ENGINEERING GEOLOGY: � � � �
UTILITY RELOCATIONS BY UTILITY COMPANIES. THE CONTRACTOR SHALL BE THE TOWN OF ESTES PARK 8c CDOT, AND THE TOWN 8c CDOT RESERVE SUBSECTIONS SHALL BE FOLLOWED. SEE THE PROJECT GEOTECHNICAL REPORT AND ENGINEERING GEOLOGY PLAN
RESPONSIBLE FOR PROTECTING UTILITIES DURING CONSTRUCTION AND SHALL THE RIGHT TO ACCEPT OR REJECT ANY SUCH MATERIALS AND FOR FURTHER INFORMATION.
HOLD THE TOWN OF ESTES PARK AND CDOT HARMLESS FOR DAMAGES WORKMANSHIP THAT DO NOT CONFORM TO THEIR STANDARDS AND HOT MIX ASPHALT PAVEMENT:
SPECIFICATIONS. A1 : THE FOLLOWING SHALL BE REQUIRED WITH EACH BITUMINOUS PAVER: PERMITS: � �
ARISING FROM CONTRACTOR'S FAILURE TO ADEQUATELY PROTECT EXISTING Z o
UTILITIES. A SKI TYPE DEVICE AT LEAST 30 FT. IN LENGTH SEE THE PROJECT CONTRACT DOCUMENTS FOR FURTHER INFORMATION. — �
EARTHWORK: A JOINT MATCHING DEVICE �� �
E1 : WATER SHALL BE USED AS A DUST PALLIATIVE WHERE REQUIRED. 1500 FT. OF CONTROL LINE STAKES. CONTROL LINE WILL BE PLACED AS W��
U3: THESE CIVIL PLANS DO NOT DEPICT THE SPECIFIC ADDITIONAL UTILITY LOCATIONS SHALL BE AS ORDERED AND WILL NOT BE PAID FOR PAVEMENT SCHEDULE ��w
IMPROVEMENTS REQUIRED FOR THE OPERATION OF THE SIGNAL LIGHT DIRECTED BY THE ENGINEER. ��,,�
SEPARATELY. z
SYSTEM (SEE SEPARATE SIGNAL LIGHT PLANS FOR DETAILS). IT IS THE ITEM QUANTITY UNIT �
RESPONSIBILITY OF THE CONTRACTOR TO IDENTIFY THE LOCATION OF A2: ANY LAYER OF HOT MIX ASPHALT PAVEMENT THAT IS TO HAVE A (f�oz
�RO�OSED ELECTRIC LINES, SIGNAL WIRE LOO�S, CONTROL CABINETS ETC., E2: PRIOR TO MOISTURE DENSITY CONTROL, THE CONTRACTOR SHALL REMOVE SUCCEEDING LAYER PLACED THEREON SHALL BE COMPLETED TO A FULL TYPE 2 CURB & GUTTER 178 LINEAR FEET � z
AND CONDUCT POTHOLING IN THOSE AREAS TO IDENTIFY POSSIBLE UTILITY ALL TOPSOIL AND SOFT OR DISTRUBED SOILS. DEPTH OF MOISTURE - LANE WIDTH BEFORE THE SUCCEEDING LAYER IS PLACED. ��
DENSITY CONTROL FOR THIS PROJECT SHALL BE AS FOLLOWS: 6" PEDESTRIAN CURBS 80 LINEAR FEET ��o
LINE CONFLICTS. Zc�z
FULL DEPTH OF ALL EMBANKMENTS A3: FOR PRELIMINARY PLAN QUANTITIES OF PAVEMENT MATERIALS, THE Q _a
BASES OF CUTS AND FILLS - 12-INCHES SIDEWALK PAVEMENT 1 164 SQUARE FEET Y >
UTILITY CONTACT LIST: FOLLOWING RATES OF APPLICATION WERE USED: � p
THE FOLLOWING IS A LIST OF KNOWN UTILITIES WITH SERVICE WITHIN THE BITUMINOUS PAVEMENT AT 110 LBS. PER SQ. YD. PER 1" THICKNESS ASPHALT PAVEMENT 824* SQUARE FEET �, (:�� �
PROJECT AREA AND THEIR RESPECTIVE CONTACT INDIVIDUALS. ADDITIONAL E3: THE TYPE OF COMPACTION FOR EARTHWORK ON THIS PROJECT SHALL BE AGGREGATE BASE COURSE AT 133 LBS. PER CU. FT. %/ Z z
AASHTO T99 STANDARD PROCTOR PROFF ROLLING AL ALL SUBGRADE * QUANTITIES DO NOT TAKE INTO ACCOUNT PAVING REQUIRED FOR i� —U'
U T I L I T I E S M A Y B E E N C O U N T E R E D W I T H I N T H E P R O J E C T L I M I T S. T H E � �' / � ��J
WILL BE REQUIRED PRIOR TO PAVEMENT PLACEMENT AND SHALL BE A4: A TACK COAT OF EMULSIFIED ASPHALT SLOW-SETTING IS TO BE APPLIED PATCHING OR FOR UTILITIES OR SIGNAL LIGHT APPURTENANCES. j�j cn Q
CONTRACTOR IS RESPONSIBLE FOR COORDINATING ALL THE WORK BEING � ) /�j/ W w�
DONE WITH ALL THE UTILITY COMPANIES WITHIN THE PROJECT AREA. I N C L U D E D I N C O S T O F T H E W O R K. BETWEEN PAVEMENT COURSES TO IMPROVE THE BOND. DILUTED ��i W.� w
EMULSIFIED ASPHALT FOR TACK COAT SHALL CONSIST OF 1 PART %� \ Z -�
SIGNING. STRIPING. TRAFFIC CONTROL NOTES: \\������ —�
ENTITY CONTACT EMULSIFIED ASPHALT AND 1 PART WATER. TACK SHALL NOT BE PAID FOR \���j �� �
PHONE SS1 : CONSTRUCTION TRAFFIC CONTROL SHALL CONFORM TO THE MANUAL ON SEPARATELY BUT INCLUDED IN THE WORK. RATES OF APPLICATION SHALL � ��/ r�
UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) CURRENT EDITION. THE BE AT 0.10 GAL PER SQUARE YARD DILUTED . �����i Zw°'
TOWN OF ESTES PARK - WATER, LIGHT, POWER STEVE RUSCH ( ) �� ��
(970) 577-3625 CONTRACTOR WILL BE REQUIRED TO SUBMIT A METHOD OF HANDLING �%� W��
TRAFFIC (MHT) TO THE OWNER FOR APPROVAL FOR EACH APPLICABLE A5: THE TRAVEL LANE SHALL NOT BE OPENED TO TRAFFIC WITH AN EXPOSED �%/�� Z �
PHASE OF WORK. LONGITUDINAL JOINT. A SMOOTH TRANSITION MUST BE PROVIDED WITHIN � �,��� ��o
ESTES PARK SANITATION DISTRICT - SAN. SEWER JIM DUELL i��� /�
970 586-2866 THE TRAVELED WAY. THE EXPOSED EDGE OF PAVEMENT MAY CONSIST OF ��-'''°"��i\� O rn
� � S S 2: A L L P E R M A N E N T P A V E M E N T M A R K I N G S H A L L B E P R E F O R M E D A V E R T I C A L F A C E 1 I N C H D E E P A N D A T T H E B O T T O M O F A V E R T I C A L F A C E ` � �� ����� "'"
TOWN OF ESTES PARK - STORM SEWER JUSTIN KEARNEY � � ��������� _�
THERMOPLASTIC PREFORMED PLASTIC OR MODIFIED EPDXY PAVEMENT A 3:1 S L O P E T O T H E E X I S T I N G P A V E M E N T O R S U B G R A D E T H E M A X I M U M ��\ � �w
(970) 577-3777 ' ' � �• \\\��\ � z
MARKING AS DISIGNATED IN THE PLANS. AT THE TIME OF INSTALLATION OF DEPTH OF THE 3:1 SLOPE SHALL BE 2 INCHES. ��� ���`
PERMANENT PAVEMENT MARKINGS, THE PAVEMENT SHALL BE CLEAN, DRY, _��� � Z o
� � AND FREE OF LAITANCE OIL, DIRT, GREASE, PAINT, CURING COMPOUND �� � \ � �
TOWN OF ESTES PARK - FIRE DEPT., POLICE, E.M.S. NON-EMERGENCY ��'- � �
A6: DURING HMA PAVING OPERATIONS TEMPORARY PAVEMENT MARKINGS SHALL �
(970) 586-4000 RESIDUE OR OTHER FOREIGN CONTAMINANTS. CLEANING OF PAVEMENT � `� �i
BE PROVIDED AND PLACED BY THE CONTRACTOR IN ACCORDANCE WITH �/�\�
*FOR EMERGENCIES, CALL 911* PRIOR TO PERMANENT PAVEMENT MARKING INSTALLATION SHALL NOT BE STANDARD S-627-1 . TEMPORARY PAVEMENT MARKING SHALL BE PLACED ����
XCEL ENERGY - GAS - CONSTRUCTION SUPERVISOR PAID FOR SEPARATELY, BUT SHALL BE INCLUDED IN THE WORK, AND IN FULL CIMPLIANCE AT THE END EACH WORKING DAY. REMOVAL OF
(970) 566-4387 PREFORMED IN HMA TO BE INLAID. TEMPORARY PAVEMENT MARKINGS WILL NOT BE PAID FOR SEPARATE BUT
SHALL BE INCLUDED IN THE WORK. \\
TDS COMMUNICATIONS - FIBER OPTIC JIM FUEURSTEIN SS3: ALL NEW SIGNS SHALL BE .100 GAUGE MINIMUM. ALL SIGN POSTS SHALL
(719) 576-7404 BE PERFORATED STEEL TUBING, 12 GAUGE, 2" SQUARE. ALL SIGN BASES A7: NEW ASPHALT PAVEMENT SHALL, AT MINIMUM, MATCH EXISTING PAVEMENT \
CENTURYLINK - FIBER OPTIC/CABLE COMMS. DUSTIN WALLACE SHALL BE PERFORATED STEEL TUBING, 12 GAUGE, 2.25" SQUARE THICKNESS AND BATCH COMPOSITION AS FOUND BY BORE ��\
(970) 392-4838 BY 3' LONG. ALL MAST ARM SIGNAGE SHALL BE AFFIXED WITH SIGNFIX HOLES.
(LARGE SUPPORT CHANNEL).
CONSTRUCTION:
C1 : THE CONTRACTOR SHALL PROTECT ALL WORK AREAS AND FACILITIES FROM SS4: ALL WORK ZONE DEVICES DESIGNATED BY THE FHWA AS CATEGORY 1 , PORTLAND CEMENT CONCRETE PAVEMENT:
WATER AT ALL TIMES. AREAS AND FACILITIES SUBJECTED TO FLOODING, INCLUDING BUT NOT LIMITED TO SIGNLE PIECE DRUMS, TUBES, CONES AND PC1 : PAVEMENT SURFACE SMOOTHNESS TESTING SHALL BE PERFORMED BY THE
REGARDLESS OF THE SOURCE OF WATER SHALL BE PROMPTLY DEWATERED DELINEATORS MUST MEET NCHRP 350 CRASH TEST REQUIREMENTS, AND PROFLOGRAPH METHOD TO THE EXTENTS POSSIBLE. THE STRAIGHTEDGE
AND RESTORED AT NO COST TO THE OWNER. THIS SHALL INCLUDE THE CONTRACTOR MUST PRESENT WRITTEN CERTIFICATION TO THE EFFECT METHOD MAY BE USED IN TRANSITION AREAS AND RADUIS CORNERS AS
REMOVAL OF ANY DEBRIS CAUSED BY FLOODING. BEFORE FIRST USING THE DEVICES ON A PROJECT. DETERMINED BY THE ENGINEER.
C2: REPAIR OF ANY DAMAGE TO EXISTING IMPROVEMENTS, IRRIGATION, ACCESS SSS: EXISTING SIGNS SHALL BE REMOVED AND/OR REINSTALLED AS DIRECTED PC2: CONCRETE PAVEMENT SHALL BE FINISHED WITH AN APPROVED,
POINTS OR LANDSCAPING OUTSIDE THE PROJECT LIMITS IS THE BY THE SIGNAL ENGINEER AND AS SHOWN IN THE DRAWINGS. THE SELF-PROPELLED, SLIP FROM PAVER. EXCEPTIONS WILL BE MADE FOR �
RESPONSIBILITY OF THE CONTRACTOR. ALL ASSOCIATED COSTS FOR CONTRACTOR IS RESPONSIBLE TO REPLACE ANY SIGNS THAT ARE DAMAGED SMALLER AREAS ASSOCIATED WITH INTERSECTION PAVING WORK ONLY. O
IMPROVEMENTS REPAIR SHALL BE PAID FOR BY THE CONTRACTOR, AT NO OR LOST DURING CONSTRUCTION. METAL OR STRAIGHT, SOUND TIMBER FORMS MAY ONLY BE USED FOR �y
EXPENSE TO THE OWNER. PAYEMENT AREAS WITH IRREGULAR DIMENSIONS. I-�-I ^
SS6: THE ROADWAY IS CLASSIFIED AS URBAN. THE CONTRACTOR SHALL HAVE 1 Q� ����
C3: THE CONTRACTOR SHALL NOTIFY THE OWNER 48 HOURS PRIOR TO THE HOUR TO RESPOND TO ANY PERMANENT OR TEMPORARY TRAFFIC CONTROL, PC3: ALL PORTLAND CEMENT CONCRETE PAVEMENT SHALL BE TESTED IN � ^ �j
START OF CONSTRUCTION. A PRE-CONSTRUCTION MEETING SHALL BE HELD STRIPING, OR SIGNAL MAINTENANCE THAT MAY BE REQUIRED THROUGHOUT ACCORDANCE WITH COMPRESSIVE STRENGTH CRITERIA. w �
PRIOR TO THE START OF CONSTRUCTION. THE DURATION OF THE PROJECT. REFER TO CDOT 630.10 �
TRANSPORTATION MANAGEMENT PLAN E FIELD. PC4: CONCRETE PAVEMENT SHALL CONFORM TO THE REQUIREMENTS OF CLASS ~ � O
C4: THE CONTRACTOR SHALL HAVE: ONE (1) COPY OF THE PLANS, ONE (1) P CONCRETE. CONCRETE PAVEMENT, SIDEWALKS, OR BIKEWAYS THAT ARE Qi
COPY OF THE CONSTRUCTION SPECIFICATIONS AND ONE (1) COPY OF THE SS7: A CUSTOM DESIGN VEHICLE WAS USED TO EVALUATE VEHICLE MOVEMENT EXCEPTED FROM SLIP FORM PAVER REQUIREMENTS SHALL CONFORM TO �--I � O
STORMWATER MANAGEMENT PLAN, ONE (1) COPY OF THE 2019 CDOT THROUGH THE PROPOSED INTERSECTION. THE LARGEST VEHICLE WHICH THE REQUIREMENTS OF CLASS D CONCRETE. r-, w
STANDARD SPECIFICATIONS, ONE (1) COPY OF THE MANUAL ON UNIFORM IS KNOWN TO NAVIGATE THE INTERSECTION WITH STEAMER DRIVE IS A �'�� Z �
TRAFFIC CONTROL DEVICES (MUTCD), AND (1 ) COPY OF THE 2019 M&S SEMI LARGER THAN A WB-40 AND MORE COMPACT THAN A WB-62. THE PC5: JOINT SEALANT WITH BACKER ROD SHALL BE USED AS JOINT FILLERS. A
LARGEST KNOWN VEHICLE TO USE THE ADJACENT EXISTING SAFEWAY JOINT SEALANT MATERIAL SHALL BE A SILICONE THAT IS CURRENTLY ON �
STANDARD PLANS FOR THE PROJECT AT THE JOB SITE AT ALL TIMES. GAS STATION DRIVEWAY IS FUEL TANKER SEMIS. ACCORDING TO THE CDOT APPROVED PRODUCTS LIST. ! , � lul
C5: THE CONTRACTOR SHALL LIMIT CONSTRUCTION ACTIVITIES TO THOSE AREAS VEHICLE TRACKING SOFTWARE, THE DRIVEWAY DOES NOT ALLOW FOR A O� � �
WITHIN THE LIMITS OF DISTURBANCE AND/OR TOES OF SLOPES AS SHOWN WB-62 INTERSTATE SEMI DESIGN VEHICLE. VAN HORN ENGINEERING PC6: ALL CONCRETE PAVEMENT AND CURB AND GUTTER PREFORMED JOINT u
ON THE PLANS AND CROSS-SECTIONS. ANY DISTURBANCE BEYOND THESE CONTACTED REPRESENTATIVES FROM SAFEWAY GAS AND OFFEN PETROLEUM MATERIAL SHALL BE A FLEXIBLE FOAM EXPANSION JOINT FILLER, MEETING W �I
(FUEL SUPPLIERS FOR SAFEWAY GAS) AND TOOK MEASUREMENTS OF SEMI THE REQUIREMENTS OF ASTM D-5249, TYPE 2, 10 PSI MINIMUM AND 25 � ��
LIMITS SHALL BE RESTORED TO ORIGINAL CONDITION BY THE CONTRACTOR FUEL TRUCKS. THE LARGEST KNOWN TANKER TRUCK CONFIGURATION FROM PSI MAXIMUM (CEREMAR OR ENGINEER APPROVED EQUIVALENT). CONCRETE r�, a
AT THE CONTRACTOR'S EXPENSE. CONSTRUCTION ACTIVITIES IN ADDITION OFFEN PETROLEUM WHICH SERVICES THE SAFEWAY GAS STATION WAS SIDEWALK EXPANSION JOINT MATERIAL SHALL MEET THE REQUIREMENTS OF w O
TO NORMAL CONSTRUCTION PROCEDURES SHALL INCLUDE THE PARKING OF IDENTIFIED AND CONFIRMED BY THE OFFEN PETROLEUM TO BE A SLEEPER ASTM D-1751 OR D-1752. �
VEHICLES OR EQUIPMENT, DISPOSAL OF LITTER, AND ANY OTHER ACTION CAB SEMI WITH THE STANDARD OFFEN PETROLEUM TANKER TRAILER. VAN Q A�I �
WHICH WOULD ALTER EXISTING CONDITIONS. THE CONTRACTOR SHALL NOT HORN ENGINEERING MEASURED THIS VEHICLE AND MODIFIED A WB-62 PC7: FOR THE FIANL FINISH, A PLASTIC TURF DRAG SHALL BE DRAGGED I� �I w
CONDUCT ANY OPERATIONS OR STAGING OUTSIDE THE CONSTRUCTION LIMITS DESIGN VEHICLE IN AN AUTOCAD CIVIL 3D 2018 VEHICLE TRACKING LONGITUDINALLY OVER THE FULL WIDTH OF THE PAVEMENT. TINNING AND F-I
SHOWN ON THE PLANS WITHOUT PRIOR APPROVAL. PROGRAM TO EMULATE THIS VEHICLE. THE VEHICLE WAS PROVEN VIA THE STATIONING IS NOT REQUIRED. � �
C6: THE CONTRACTOR SHALL COORDINATE CONSTRUCTION ACTIVITES WITH SOFTWARE TO NAVIGATE THE EXISTING SAFEWAY GAS STATION AND �
INTERSECTION IN AN ACCURATE MANNER. THIS DESIGN VEHICLE WAS USED CONCRETE SULFATE EXPOSURE:
IMPACTED UTILITIES TO ASSURE THE TIMELY RELOCATION OF THEIR TO EVALUATE AND DESIGN THE PROPOSED HORIZONTAL LANE, PAINTED CS1 : THE CONCRETE SULFATE EXPOSURE FOR THIS PROJECT IS CLASS S2. �
FACILITIES. THIS COORDINATION SHALL INCLUDE ANTICIPATED IMPACTED ISLAND, AND CURB STRUCTURE ALIGNMENTS FOR THIS ROAD PROJECT. THIS
UTILITIES AND UNFORSEEN UTILITIES. CUSTOM DESIGN VEHICLE COULD NOT NAVIGATE THE INTERSECTION, AS IT DRIVEWAYS AND SIDEWALKS:
C7: REMOVAL OF ASPHALT MAT ON THIS PROJECT SHALL BE SAW CUT TO A CURRENTLY EXISTS, WITHOUT DRIVING ACROSS THE SMALL PAINTED ISLAND DS1 : ALL DRIVEWAYS AND SIDEWALKS IMPACTED BY THE PROJECT SHALL BE
VERTICAL EDGE TO A NEAT LINE WITH A SAW OR CUTTING WHEEL. AT ALL OR WITHOUT LISTING ACROSS THE CENTER DOUBLE STRIPE LINES INTO MAINTAINED BY THE CONTRACTOR, UNLESS OTHERWISE APPROVED BY THE
ONCOMING TRAFFIC IN THE AREA JUST NORTH OF THE EXISTING RAISED OWNER. THE CONTRACTOR SHALL PROVIDE AN ALL WEATHER SURFACE TO
AREAS OF ASPHALT WIDENING, THE EXISTING OUTER 1 ' (OR AS DIRECTED ISLAND. LANE WIDTHS AND ROAD STRIPING WERE THEREFORE REALIGNED TO THE SATISFACTION OF THE CIVIL ENGINEER AND TOWN THROUGHOUT ALL �
BY THE ENGINEER) OF THE PAVEMENT WILL BE SAWCUT AND REMOVED. ELIMINATE CONFLICT WITH ONCOMING TRAFFIC, BUT STILL REQUIRES TRAVEL PHASES OF CONSTRUCTION, IN ORDER TO PROVIDE ACCESS AT ALL TIMES. � �
COST OF SAWING TO BE INCLUDED IN THE WORK. ACROSS THE PAINTED ISLAND IN A WAY WHICH DOES NOT INTERFERE WITH w o
TRAFFIC MOVEMENT IN CONJUNCTION WITH THE PROPOSED SIGNAL PHASING. DS2: THROUGHOUT AREAS OF CONSTRUCTION, CLEAR PEDESTRIAN AND BICYCLE N �
C8: PATH ALIGNMENT: IT IS EXPECTED THAT THE CONTRACTOR MAKE MINOR DETOURS WILL REPLACE SIDEWALKS/PATHS IMPACTED BY CONSTRUCTION.
ADJUSTMENTS TO THE ALIGNMENT DURING CONSTRUCTION TO IMPROVE DRAINAGE/STORM SEWER NOTES: THE CONTRACTOR SHALL SUBMIT A TRAFFIC AND PEDESTRIAN CONTROL DRAWN BY: JJS
DRAINAGE, AVOID IMPACTS TO VEGETATION THAT ARE NOT SPECIFICALLY D1 : THE CONTRACTOR IS REQUIRED TO KEEP ALL DRAINAGE FACILITIES PLAN TO THE ENGINEER REVIEW AND APPROVAL.
IDENTIFIED FOR REMOVAL, MINIMIZE SITE IMPACTS, AND BALANCE CHECKED BY: �S
FUNCTIONAL AND MAINTAIN DRAINAGE TO THOSE FACILITIES AT ALL TIMES
EARTHWORK. ALIGNMENT SHIFTS OF GREATER THAN 1 ' SHALL BE DURING CONSTRUCTION. DS3: THE TOWN OF ESTES PARK REQUIRES THAT SIDEWALKS CONSTRUCTED SCALE
APPROVED BY THE ENGINEER PRIOR TO COMPLETING CONSTRUCTION. HAVE A CROSS-SLOPE OF LESS THAN 2.0%. SIDEWALKS SHALL BE 1"=10'
MINOR MODIFICATIONS TO THE DESIGN DURING CONSTRUCTION ARE AN D2: INLET GRATE AND MANHOLE RIM ELEVATIONS SHALL BE VERIFIED BY THE DESIGNED AND CONSTRUCTED WITH CROSS-SLOPES SUFFICIENTLY LESS D,4TE: 6/3/2020
EXPECTED PART OF THE WORK AND NOT JUSTIFICATION FOR CHANGES TO CONTRACTOR AT TIME OF ADJACENT CURB, OR CONCRETE PAVEMENT THAN 2.0� TO ENSURE THAT DO NOT EXCEED THE 2.0% MAXIMUM. THIS
THE CONTRACT. CONSTRUCTION. REPORT ANY DISCREPANCIES TO THE CIVIL ENGINEER. ADDITIONAL GUIDANCE IS PROVIDED TO HELP ENSURE THE PUBLIC
SHEET
IMPROVEMENTS ARE DESIGNED AND CONSTRUCTED WITH THE FEDERAL
C9: CROSS-SLOPE: SIDEWALK AND BIKEWAY CROSS-SLOPES SHALL BE NO ENVIRONMENTAL NOTES: AMERICANS WITH DISABILITIES ACT AS REQUIRED BY SECTION 2.08 OF THE
GREATER THAN 2.0� UNLESS OTHERWISE SHOWN ON THE PLANS. THE EN1 : IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO MAINTAIN DESIGN AND CONSTRUCTION STANDARDS.
MINIMUM CROSS-SLOPE SHALL BE WITHIN INDUSTRY ACCEPTED EXISTING BMPS AND ENSURE THEIR COMPLETE REMOVAL ONCE 70%
CONSTRUCTION TOLERANCES OF THE STATED MAXIMUM CROSS-SLOPE. THE VEGETATION HAS BEEN RE-ESTABLISHED IN DISTURBED AREAS. DS4: SIDEWALKS SHALL BE 8" THICK AT COMMERCIAL DRIVEWAYS, FOR 8' WIDE
CONTRACTOR SHALL VERIFY CROSS-SLOPE WITH A DIGITAL SMART LEVEL OR SIDEWALKS, AND FOR RAMPS (OR AS INDICATED HERE). oF
OTHER APPROPRIATE MEASURING TOOLS DURING CONSTRUCTION. UNLESS EN2: THE CONTRACTOR SHALL PREVENT DEBRIS FROM BEING DEPOSITED INTO
INDICATED ON THE PLANS OR OTHERWISE APPROVED, ANY PORTION OF THE WATERWAY DURING CONSTRUCTION. VEGETATION NOTES: �
CONSTRUCTED PATH FOUND TO CONTAIN A CROSS-SLOPE GREATER THAN V1 : THE CONTRACTOR SHALL REVIEW THE SITE WITH THE OWNER PRIOR TO
PROJ. N0.
1995-07-07
232
Page 189 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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AKA BIG THOMPSON AVE (ASPHALT) ,2�� D.I.P. INDEX oF DOCUMENTS USED Z
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NEW PROPOSED MAST � � S.H.P.: � �
THERMOPLASTIC �� � � N �`'� � ARM/SIGNAL �� STANLEY HILLS P.U.D. LOCATED IN THE SOUTHWEST Ya OF THE SOUTHWEST Ya OF �
��� "ONLY" �� I -i SECTION 19, TOWNSHIP 5 NORTH, RANGE 72 WEST OF THE 6th P.M., LARIMER COUNN � . .
�� , � '' � � I � COLORADO, ROTATED CLOCKWISE 0'02'32" TO GEODETIC BASIS OF BEARINGS �
\�� / � \� 10.0' -� � � 1�1
� � � � \ - A.R.S.M.A.: �
� ` � � �� � C AMENDED PLAT OF LOTS 1A AND 1C OF THE REPLAT OF A PORTION OF LOT 4 AND ALL �/'� O
� OF LOT 1, STANLEY MEADOWS ADDITION, ROTATED CLOCKWISE 0'03'46" TO BLM CAP AND �/1
`\\�� N 5.4' ` \��` � C #5 REBAR TO GEODETIC BASIS OF BEARINGS � .. T/'�
�� `� �� I � � ALTA1: � rT1
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N �c�v �� NEW I � ESTES PARK, C0. RECORDED 1/26/2011 � RX# 20110006758 r�, F•�� �--�
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PROPOSED NEW 24" `�� � TURN ARROW LAKE•VIEW TRACTS SUBDIVISION, ROTATED COUNTER-CLOCKWISE 00'00'09" TO FIT THE ,�.♦ �
WIDE THERMOPLASTIC � ,i
STOP BAR � � � 1.5"PIPE (NE OF THE CHURCH) AND THE #4 REBAR WITH P/C 9485 (THE NE CNR OF w
/ � �� -+ LOT 25) AND TO GEODETIC BASIS OF BEARINGS. W` �
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� AND PEDESTRIAN / � v W
TRAVEL LIGHTS PROPOSED NEW C.D.O.T. M&S �\ MAST ARM WITH
' TYPE 1/ TYPE 2 CURB RAMP � STREET LIGHT
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/ °�°° °o°o � TO 0" AT ENDS OF RAMPS � � v 2. DOUBLE YELLOW CENTER LINES ARE TO BE YELLOW, WITH TWO 4" STRIPES SEPARATED = �� �
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3. SOLID WHITE DIVIDING LINES ARE TO BE 4" WIDE.
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4. DASHED LANE PATH LINES ARE TO BE WHITE, 8" THICK
- - - - - - - - - - - � - - - � - � E E E E E E E� - - - �� � 5. STOP BARS ARE TO BE WHITE, 24" THICK JJS
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W E 6. CROSSWALK BARS ARE TO BE WHITE, 12" THICK AND 10' WIDE CHECKED BY:
THIS PEDESTRIAN TRANSITION W.0 � I �oo W�y'_ yy E E Es� MULTIPURPOSE TRAIL
C C C IC (' REQUIRES ELEVATING TO „ I � oo T �W W o� E • E� W W_ 7. THERMOPLASTIC ROAD MARKINGS SHALL BE 120 MILS THICK AND INLAID 130 MILS j,�s
EXISTING 8' WIDE ASPHA�T � MATCH ROAD GRADE TO �- G -G- - C G �'^ G I G--iO ^ I °�° PUSH BUTfON W 17( yy � E E�E c _v,� yy W W W W DEEP. SCALE
MULTIPURPOSE TRAIL � TRAIL GRADE �IN � ��o � � >o � W�yy W `�--� _ t _ _ _ _ _ - _ _ _ 8. LANE WIDTHS AND HORIZONTAL ALIGNMENTS FOR VEHICLE PATHS WERE EVALUATED VIA
3 ; I ��� o � G �oo AND PEDESTRIAN _�__ - - - - - - - - E - - - - - VEHICLE TRACKING SOFTWARE 1��=10�
� / I � � G � o TRAVEL LIGHTS - c� --- -__ E�E�E 8.1. A CUSTOM DESIGN VEHICLE WAS USED TO EVALUATED THIS INTERSECTION. THIS
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'_�-_____ � O� - INSTALL NEW RAISED, SL SL O C 1�--'.-(,r-----�c� ____ ��� MODIFICATIONS. (SEE SHEET 3, NOTE SS7).
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. / I I ,� � o o I `� , 1995-07-07
234
Page 191 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
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235
Page 192 of 192, Alarado Business Park Appeal Exhibit, June 23, 2020
Public Comment Resolution 40-20
Received by Noon 2020-06-19
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ File_Upload
I assume you are all Estes residents and if so you must know that the intersection of 34 and Steamer drive
has always been a congested area.To allow Jimmy Johns to avoid adding a street light is ludicrous and asking
for trouble. The have had a long time to fulfill their contact so promises now are hollow if allowed to open
6/17/2020 11:04 PM Appeal of Staff Denial of C/0 for Alarado Dev. Jean Lindholm Against prior to fulfilling their contact.
The intersection is extremely dangerous right now. I was trying to turn left onto Steamer Drive,another
person was facing me trying to turn left into the golf course and more people were trying to turn left from
Steamer Dr onto Highway 34. The light was required for opening and this requirement must be kept! That
intersection is going to get someone killed. There has already been serious accidents there and Jimmy Johns
6/18/2020 7:54 PM Appeal of Staff Denial of C/0 for Alarado Dev. Larry Saint Against will create even more traffic which the intersection cannot support.
236
I
E � TES �� PARlC
237
238
I
E � TES �� PARlC
239
Public Comment Received by Noon 06-23-2020
Start date Agenda_Item_Title Name Stance_on_item Comments_for_the_Board_of_Trustees_ File_Upload
I have followed the Alarado development process and attended the EVPC meetings on the project.While I have no issue with
[he development itself,I firmly believe tha[it must adhere to Planning Commission decisions regarding traffic mitigation.
Thus,I believe[he Town Board should reject Alarado's appeal of the staff's denial of a certificate of occupancy.
Traffic is a major issue with the development.Alarado recognized that traffic mitigation is needed,given existing traffic along
US-34 plus the added traffic around the Steamer/US-34 intersection generated by this development.Alarado originally
envisioned an additional eastbound lane on US-34 to mitigate traffic(approved by EVPC).It was Alarado who later requested
to instead utilize a traffic signal(also approved by EVPC�.
Failure to ensure proper traffic mi[igation not only introduces addi[ional congestion along a major thoroughfare,but also
6/20/2020 7:34 AM Appeal of Staff Denial of C/O for Alarado Dev. David Cordes,1000 Black Canyon Drive Against sends a message to future developers about not adhering to previous commitments.
The certificate should not be provided until Alarado has met its commitment to address the traffic hazards at the intersection
of Steamer and Highway 34.It is already a dangerous place for left-hand turns or pedestrian crossings even without the
6/23/2020 10:16 AM Appeal of Staff Denial of C/O for Alarado Dev. Mary Ann Franke Against additional traffic tha[will be presen[when Jimmy Johns opens.
Public Comment Received by Noon 06-23-2020
When this project was being considered this spring by the various committees and
boards, concurrently with the increasing threat of the Covid-19 pandemic, it was
stated by Town authorities that final consideration of the Elkhorn project would be
deferred until such time as a proper opportunity for public input was possible. It's
hard to understand how this virtual meeting fits that description.
We, Judy and I, have talked with several friends and acquaintances in town, and
most have only the vaguest knowledge of what's going on with this proposal.
Some are totally unaware. This is a significant project that involves the partial
destruction of one of the most important historical sites in Colorado. Yet, it's
barely being covered by the local press. We found no mention of the fact that the
Town Board Meeting tonight would be considering this proposal in recent issues of
either of the town newspapers. This is reminiscent of the time we encountered a
huge line at the main entrance to the Louvre. We were able to find a side entrance
with virtually no line. An English couple we had encountered in the main line
commented on the way in the side door, "This must be the best kept secret in
France." Well, I'm thinking that this proposal, and its being judged tonight, might
be the best kept secret in Colorado. That's not a good thing!
In regard to the proposal itself, we recognize that the Elkhorn property is badly in
need of attention, and has been for some time. Hopefully, the Board will cause the
developer to salvage the essential character of the lodge and the important out
buildings, the old school house, the old church, and of course, the Coach House.
We understand that this is a logical place to site a couple of restaurants. But in
regard to the restaurants, this proposal includes a new restaurant building to be
sited immediately west of the Elkhorn Plaza Lodges, two condominium buildings
constructed by a previous owner of the Elkhorn property over 50 years ago. This
proposed restaurant is sited just about as close to these condos as possible, which
will likely cause about as much disruption to our "quiet enjoyment" of our
properties as possible. IS IT REALLY NECESSARY, IN A PROJECT OF THIS
SIZE, TO JAM A DISRUPTIVE BUSINESS OPERATION UP SO CLOSE TO
LONG-STANDING RESIDENCES?
Further to the discussion of this proposed restaurant, the developer's plan sites the
TWO STORY BUILDING, WITH DECKS,just far enough north (toward the
river), that it will block our (all condo units') little peek at the Front Range. THIS
ALSO SEEMS TO BE UNNECESSARILY HARSH TREATMENT OF
ADJACENT PROPERTY OWNERS.
IN FACT, THIS PROPOSAL, IN OUR OPINION, JAMMS A LITTLE TOO
MUCH INTO THE AVAILABLE SPACE. WE SUGGEST THAT IT WOULD
BE BETTER ALL AROUND TO JUST ELIMINATE THIS RESTAURANT
BUILDING.
Lastly, and probably most importantly, the hotel, the keystone of this proposed
project. We have been unable to find out what "brand" of hotel it will be, and
suspect that information has not been divulged. THE BOARD ISN'T GOING TO
GREEN LIGHT A PROJECT LACKING THIS INFORMATION, IS IT? WE
COULD FIND OURSELVES ACROSS THE PARKING LOT FROM A MOTEL
SIX!
PLEASE DO NOT VOTE TO APPROVE THIS PROPOSAL IN ITS CURRENT
FORM!
Thanks for your consideration of the above,
Bob & Judy Ayres
550 W. Elkhorn
Public Comment Received by Noon 06-23-2020
Some of the power utility comes in from the West and runs underground. However, the utility pole and
transformer for that restaurant appears to be sited immediately adjacent to the boundary line between
the two properties and directly in the same West sight-line from the Elkhorn Plaza Association condos.
Surely the developer could run all electrical utilities underground on the property as part of the new
development.
Thanks for your consideration of my comment.
Judy Ayres
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