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HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2021-06-15PLANNING COMMISSION – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, June 15, 2021 1:30 p.m. Estes Park, CO 80517 The Estes Park Board Planning Commission 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. Please click the link below to join the webinar: https://zoom.us/j/93771272278 Or Join by Telephone: 1.Dial US: +1 833-548-0276 (toll free) 2.Enter Webinar ID: 937 7127 2278 followed by # The meeting will also be live-streamed on the Town’s Youtube Channel and recorded and posted to YouTube and www.estes.org/videos within 48 hours. Public Comment When the moderator opens up the public comment period for an agenda item, attendees wishing to speak shall: 1. Click the “Raise Hand” button, if joining online on the Zoom client, or 2. Press *9 and follow the prompts if joining by telephone. 3. If you are watching live on YouTube, please call the number listed above, and mute your computer audio for the duration of your remarks. Once you are announced, please state your name and address for the record. To participate online via Zoom, you must: •Have an internet-enabled smartphone, laptop or computer. •Using earphones with a microphone will significantly improve your audio experience. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. Prepared June 9, 2021 1 NOTE: The Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA PLANNING COMMISSION – TOWN OF ESTES PARK Tuesday, June 15, 2021 1:30 p.m. 1.AGENDA APPROVAL 2.PUBLIC COMMENT. (Please state your name and address). 3.CONSENT AGENDA: 1.Planning Commission Minutes dated May 18, 2021 4.ACTION ITEMS: 1.CODE AMENDMENT Wireless Telecom Facitilites Senior Planner Woeber Staff requests this be continued to the July 20, 2021 meeting 2.LOCATION AND EXTENT REVIEW Big Thompson Recreation and Picnic Area Planner II Bergeron 5.DISCUSSION ITEMS: 1.DOWNTOWN BUILDING HEIGHT Ayres Associates 2.WILDFIRE MITIGATION Director Hunt 3.COMPREHENSIVE PLAN Director Hunt 4.Bylaws update Director Hunt 6.ADJOURN Prepared 06/09/2021 2 3 1 Town of Estes Park, Larimer County, Colorado, May 18, 2021 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held VIRTUALLY in said Town of Estes Park on the 18 day of May 2021. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson, Janene Centurione. Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Centurione, Commissioner Hanson, Director Randy Hunt, Town Clerk Williamson, Senior Planner Jeff Woeber, Planner II Alex Bergeron, Planning Technician Charlie Rugaber, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: Commissioner Elkins Chair Comstock called the meeting to order at 1:30 p.m. Also attending were Matt Ashby and Mike Scholl-Ayres Associates consultants. AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT. None CONSENT AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The motion passed 4-0. CODE AMENDMENT: Town Clerk Williamson reviewed the proposed amendments to Section 5.1.B and 5.1.U, of the Development Code, explaining that it will move current regulatory language for anything not land use-based, including Vacation Homes, from the Development Code to the Municipal Code. The amendments would also clean up obsolete language and identify the Town Clerk's office as the office in charge of all regulations and licensing. The Code amendments will also address enforcement guidelines and provide proposed changes to the timeline for vacation home and bed & breakfast properties to complete the life safety survey before issuing a registration to operate. The Town Board reviewed draft4 2 these changes at their April 27, 2021 study session, and staff received support for the proposed changes. Staff recommended approval to the amendments as presented. DISCUSSION In response to Chair Comstock's process questions, Director Hunt stated that the Planning Staff does not have any concerns about this Code Amendment and Attorney Kramer said that formal findings were not necessary in this case. Answering a question about time frames for getting a building inspection, Clerk Williimason explained that "the clock starts" once the permit is issued. The process of applying and getting the Life Safety Inspection can occur anytime once the license has been applied for. It was moved and seconded (Heiser/Hanson) to recommend approval of the text amendment to the Estes Park Development Code as presented in Exhibit A & Exhibit B to the Estes Park Town Board of Trustees. The motion passed 4-0. DOWNTOWN BUILDING HEIGHT: Ayres Associates Mike Scholl and Matt Ashby reviewed the Code amendment under consideration to allow a greater building height in the CD (Downtown Commercial) Zone District. The purpose is to allow for a more significant opportunity for mixed-use development and opportunities to add much-needed housing units. Specifically, building height within the CD Zone District would be amended from 30 feet to allow buildings up to 42 feet in height. The consultants recommended this height as a use by right based on discussions and feedback from developers. They indicated that 42 feet was a reasonable height for a three-story building that would provide flexibility in construction, design, and marketability. The previous discussion by the Planning Commission indicated an interest in a 39-foot height limit; however, developers believed allowing the additional three feet would be needed to accommodate infrastructure. DISCUSSION: Director Hunt pointed out that an inventory of current downtown building heights could be done if there was enough interest. Suggested design guidelines were reviewed at length. Director Hunt noted that discretionary views are not allowed at the Planning Commission review level and call for careful consideration when writing code. The Commission agreed that a 42' limit and measuring by feet rather than stories was the preferred path forward, with limited guidelines. It was suggested to give financial incentives for flood and fire mitigation. Hanson encouraged the collection of data. draft5 3 REPORTS: Director Hunt discussed the Comp Plan's progression and the committee appointed with 11 voting and two non-voting members. Joint meetings with this Commission and the County advisory group will be scheduled. Also, communication at a Town Board Study Session was mentioned. The Technical Review Committee approved the Stanley Hotel Film Center preliminary development plan on May 11. The final development plan should be approved later this summer. A decision on in-person meetings and reopening facilities is pending and is currently being discussed at the management level. There being no further business, Chair Comstock adjourned the meeting at 3:45 p.m. Matt Comstock, Chair Karin Swanlund, Recording Secretary draft6 7 Memo COMMUNITY DEVELOPMENT To: Estes Park Planning Commission From: Jeffrey Woeber, Senior Planner Date: June 15, 2021 RE: Request for Continuance: Code Amendment, Estes Park Development Code, Wireless Communication Facilities Regulations Staff Request: Staff requests the Estes Park Planning Commission continue the proposed code amendment for new Wireless Telecommunication Facilities Regulations from the June 15, 2021 to the July 20, 2021 Planning Commission meeting. Additional time is necessary for staff and legal review and revisions. 8 9 COMMUNITY DEVELOPMENT Memo To: Chair Matt Comstock Estes Park Planning Commission (EPPC) Through: Community Development Director Randy Hunt From: Alex Bergeron, Planner II Date: June 15, 2021 RE: Location and Extent Review and Modified Development Plan: Big Thompson Recreation Area and Visitor Center Parking Structure (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review for compliance with the Estes Park Development Code (EPDC) the location and extent of an expanded recreational facility located on Town-owned property (“Big Thompson Recreational & Picnic Area”), as well as the Visitor Center parking structure (“Parking Structure”) adjacent to it, which has not yet received a formal location and extent review despite development plan approval and construction. The request would also entail approval of a modified Development Plan at this location to include new picnic shelters, a climbing boulder, and other amenities west of the parking area. Present Situation: West of the Parking Structure – in the approximately triangular area bounded by parking, the Big Thompson River, and US Hwy 36 (N. St. Vrain Ave.), – exists a picnic shelter which is aged and does not accommodate many people. Recognizing the need for improvement of the recreational facility, and desiring to expand the recreational offerings at the site in light of increasing visitation to Estes Park, the Town’s Public Works Department pursued and was awarded a Great Outdoors Colorado (GOCO) grant for improvements to the site (described in more detail below, and most thoroughly in Attachment 1: Combined Development Plan). This site, more formally referred to as the Big Thompson Recreational & Picnic Area, is on the same parcel as the west portion of the Parking Structure, the east portion of which is located on federal Bureau of Reclamation land. The Parking Structure, which did go through a development plan review and approval process (along with a variance process) in 2014 (see Attachment 2: Initial Parking Structure Review) never received a formal Location and Extent (L&E) Review, and for that reason is included in this Review (see Attachment 3: Statement of Intent). 10 EPDC, Sec. 3.13, aligned with Colorado Revised Statutes 30-28-110 et.seq., requires Town and many other public facilities to be approved through the L&E Review process. While non-approval of the L&E Review seven years ago was likely an oversight by decision-makers at the time, it nevertheless is a Code requirement. The current application provides to opportunity to rectify that omission and to approve a modified Development Plan including the new recreational amenities, all in one action. Proposal: The Town of Estes Park Public Works Department, through its Parks division, proposes to install three new picnic shelters (each with a table and benches), a climbing boulder with a safety pad, a garden, a new walkway, and some rock steps (for river access) at the Big Thompson Recreational & Picnic Area. There are no further improvements proposed in this L&E Review or modified Development Plan for the completed Parking Structure. Advantages: • Expands and considerably improves an existing public recreation site which is in disrepair, which may increase public enjoyment of the Big Thompson River and downtown area • Formalizes the location and extent of the Parking Structure in accord with Code Disadvantages: • The omission of the L&E Review in 2014 has led to a longer process for approval of a relatively simple modification to the prior Development Plan, with some consequent delay in getting the recreation project started and completed this season. However, staff notes the alternative is disapproval of a worthwhile project altogether. Action Recommended: Staff recommends Approval of the location and extent of the public improvements and the associated modified Development Plan. Finance/Resource Impact: Low/Medium. The Parking Structure and site improvements specific to it have already been completed, and the value of the new recreational improvements is $60,000 – for which the Public Works Department has received a GOCO grant in the amount of $45,000. Of the $15,000 local match, $9,000 is in-kind services through Public Works. Level of Public Interest Low. The Town has not received any public comment on the public improvements as it pertains to this Location and Extent Review. Sample Motion: I move that the Planning Commission APPROVE the described Location and Extent Review and the associated modified Development Plan. 11 I move that the Planning Commission deny the described Location and Extent Review and the associated modified Development Plan, finding that [state findings for denial]. I move to continue the described Location and Extent Review and the associated modified Development Plan to the next regularly scheduled meeting [state reasons for continuing]. Attachments: 1. Combined Development Plan 2. Initial Parking Structure Review 3. Statement of Intent 4. Application Form 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Big Thompson River This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 150 300Feet 1 in = 320 ft±Town of Estes ParkPublic Works Dept. Big Thompson RiverRecreational & Picnic AreaVicinity Map Legend Streams ROW / Property Lines Subject Parcels 28 UNITED STATESOF AMERICA TOWN OFESTES PARK ESTES PARKSANITATION TOWN OFESTES PARK TOWN OFESTESPARK WEST OFEDERAL LLC TOWN OFESTESPARK STANLEYVILLAGESHOPPING WESTMARGUERITE A ARENTZENROLF F JR SHADYCREEK LLC SHADYCREEK LLC Big Thompson River This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 50 100Feet 1 in = 90 ft±Town of Estes ParkPublic Works Dept. Big Thompson RiverRecreational & Picnic AreaSite Plan Legend Bench Boulder Over Concrete Concrete Sidewalk Landscape Garden Picnic Shelter Picnic Table Rock Steps Safety Pad Streams ROW / Property Lines 29 Big Thompson RiverThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 10 20Feet 1 in = 20 ft±Town of Estes ParkPublic Works Dept. Big Thompson RiverRecreational & Picnic AreaSite Improvements Legend Bench Boulder Over Concrete Concrete Sidewalk Landscape Garden Picnic Shelter Picnic Table Rock Steps Safety Pad 1ft Contours Streams ROW / Property Lines 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Public Works Engineering Streets Facilities Fleet Parks Parking & Transit 970-577-3587 publicworks@estes.org 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Big Thompson River Recreational & Picnic Area Statement of Intent The purpose of this project is to improve and enhance a public gathering place for the Town of Estes Park near the Parking Structure. The Parking Structure is part of this review because it has not ever received a Location & Extent approval, and it is relevant to this Big Thompson River Recreational & Picnic Area component because these new improvements are located on one of the same lots as the Parking Structure. Public Works hopes to utilize a Location & Extent Review to expedite this process as much as possible, similar to the approach for the Birch Ruins project from 2020. The current picnic shelter is well over 30 years old and in disrepair, plus it is small and does not accommodate many people. The improvements for this project will generally include concrete sidewalk, multiple shelters with picnic tables, a rock-climbing boulder and associated safety pad, and landscaping. The Parks Division of the Public Works Department was awarded a Great Outdoors Colorado (GOCO) grant for this project. At the time of grant application, the project site plan was very conceptual and did not involve engineered or surveyed drawings. The Engineering Division will be assisting with developing necessary plans and working through the review and approval, plus permitting processes. Thank you, Ryan Barr 45 46 47 48 COMMUNITY DEVELOPMENT To: Estes Park Planning Commission From: Mike Scholl, Planning Professional, Ayes Associates Through: Randy Hunt, Community Development Director Date: June 15, 2021 RE: Draft Code Language: Amending the Estes Park Development Code: Downtown Building Height Planning Commission Objective: The following provides a review of a proposed ordinance to amend the Estes Park Development Code (EPDC). The language has been adjusted based on discussion and input from the members of the Planning Commission. The draft ordinance is summarized as follows: • Revise § 4.4 - Nonresidential Zoning Districts, Section C.4. Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5, Density and Dimensional Standards Nonresidential Zoning Districts to allow for increased building height for buildings in the CD Downtown Commercial zoning district. • Revise § 11.5 – Building Height Guidelines for Developments in the CD Zoning District. This discussion is a continuation of the discussion from the April 20, 2021, and May 18, 2021, Planning Commission meetings. Generally, the Commission offered consensus to move forward with 42-foot building height as a use by right subject. It is the intention of staff to review different approaches to design criteria. The discussion is based on direction from the Commission that any guidelines be clear, direct and limit subjective interpretation. Code Amendment Objective: The Code amendment under consideration would amend the Estes Park Development Code to allow for greater building height in the CD Downtown Commercial Zoning District as a use by right. The purpose is to allow for greater opportunity for mixed-use development and opportunities to add much needed housing units. Specifically, building height within the CD Downtown Commercial Zoning District would be amended from 30 feet to allow buildings up to 42 feet in height. The 42-foot height limit was derived from discussions with developers, the Planning Commission, and review of approved downtown plans. At 42 feet, developers can comfortably 49 build commercially viable three-story mixed-use buildings in the CD District. Please note, the amendment is being drafted such that there are no additional restrictions on building use meaning that it does not require buildings to be mixed-use, only that they cannot exceed 42 feet in height. Also, the height limit is intended as a maximum allowable with no exceptions through special review or other means short of a lengthy code amendment process. With a consensus on the height, staff was directed to provide a draft of guidelines that would promote quality developments without being overly restrictive or subjective. The intent was to offer clear guidance to potential developers and to town staff. The guidelines under consideration would only apply to new construction or additions that exceed 30 feet in height. The guidelines looked at four areas for consideration: 1. Upper floor stepbacks 2. Building articulation 3. Building materials 4. Building transparency Staff has provided a draft for purposes of discussion that was based on research in other mountain communities in the west. Generally, the guidelines in other peer communities varied from highly prescriptive to very general. The proposal for discussion is included in Attachment 2, section 11.5. The draft includes language on shadow and viewshed analysis under section 6 of the draft guidelines. Staff is interested in engaging in a discussion with the Commission to determine the level to which this issue can be addressed through the Code Amendment process. In addition, and at the direction of the Planning Commission, staff is seeking to catalog the existing building heights in the CD District. This would include average and maximum building heights for the district and be available as a resource through the Town’s GIS network. Additional Reference information: Building heights are calculated from the mean average elevation of the finished grade (highest point + lowest point/2) and the mean height between the topmost point of the top plate and the highest ridge for a gable, hip or gambrel. For a flat roof, it is measured from the highest point on the roof surface (deck), not including parapet walls. At 42 feet in height, it provides flexibility in design for a mixed-use development. Having some flexibility allows for the additional architectural features that create visual interest and break up the roof line. This amendment was contemplated and called for in the Estes Park, Colorado Downtown Plan (adopted Jan. 2018). The plan stated, as a key objective, “…a moderate increase in density and building height to promote housing development and Downtown activity.” (p. 52) The plan also included additional discussion regarding design constraints to minimize the visual impact on the downtown district. Specifically, the plan indicated a need to include setbacks and building articulation to ensure visual continuity with existing buildings in the downtown district. 50 The Downtown Plan also contemplated taller buildings subject to some additional considerations and design criteria. According to the plan “Buildings up to four stories may be considered on a case-by-case basis on sites where the additional height is determined to not significantly impact views, privacy or other factors. The Town should develop a specific list of criteria and guidelines for review of such projects.” Additionally, the Estes Park Economic Development Corporation (“EDC”) has advocated for increasing the availability of workforce housing in Estes Park. In the report, “The Economic Benefits of Implementing Workforce Housing in the Estes Park,” published in April of 2018 by the EDC, workforce housing was identified as critical to the ongoing economic vitality of Estes Park. Preliminary Staff Findings: The text amendments comply with EPDC §3.3.D (Code Amendments – Standards for Review). §3.3.D Code Amendments, Standards for Review “All rezoning and text amendments to the EPDC shall meet the following criteria:” 1. “The amendment is necessary to address changes in conditions in the areas affected;” Staff Finding: The amendment to the code is limited to the CD Downtown Commercial Zoning District and would allow for the potential development of much needed residential units – a “changed condition” identified in the workforce housing report published by the Estes Park Economic Development Corporation. 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 existing growth and development patterns in the Estes Valley:” Staff Finding: There is no specific “development plan” associated with this Code Amendment. Rather, the amendment addresses specific policy goals from the approved 2018 Estes Park Downtown Strategic Plan. 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.” Staff Finding: Town, County, or other relevant service providers would not be significantly impacted regarding their respective services and facilities if this Code Amendment is approved. Advantages: • Generally complies with the EPDC §3.3.D Code Amendments, Standards for Review. • Provides for the opportunity to create much needed housing units. Disadvantages: • Buildings may detract from the views if not done properly. 51 Action Recommended: Review the preliminary proposal for compliance as it relates to existing approved plans and the Estes Park Development Code (EPDC) §3.3.D Code Amendments, Standards for Review and provide direction to staff to move forward with a formal Code Amendment. Attachments: 1 – Map CD Downtown Commercial Zoning District 2 – Preliminary Draft Modifications - Table 4-5 - Density and Dimensional Standards Nonresidential Zoning Districts 3 – Preliminary Draft Modifications -§ 11.5 – Height Exception for Residential Developments in the CD Zoning District 52 Attachment 1 Map CD Downtown Commercial Zoning District 53 Attachment 2 Proposed Amendment Language: § 4.4 - Nonresidential Zoning Districts C. Density and Dimensional Standards. 4. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5: Density and Dimensional Standards for the Nonresidential Zoning Districts. Table 4-5 Density and Dimensional Standards Nonresidential Zoning Districts EXPAND Zoning District Minimum Land Area per Accommodation or Residential Unit (sq. ft. per unit) Minimum Lot Size [7] Minimum Building/Structure Setbacks [4] [8] Max. Bldg Height (ft.) [9] Max. Lot Coverage (%) Area (sq ft) Width (ft.) Front (ft.) Side (ft.) Rear (ft.) CD Accommodation Units Only = 1,800;SF & 2- Family (standalone) = 9,000; Dwelling Units (1st Floor) 1 unit per 2,250 square feet of gross land area Dwelling Units ( 2nd or higher floors) No minimum gross land area per unit (Ord. 15-03 §3) Accommodation uses = 5,000 All other uses = n/a 25 Minimum = 0 Maximum = 10 If lot abuts a SF residential property = 10; All other cases = 0 If lot abuts a SF residential property = 10; All other cases = 0 42; buildings higher than 30 feet are subject to §11.5; n/a 54 Proposed Amendment Language: § 11.5 – BUILDING HEIGHT GUIDELINES IN THE CD ZONING DISTRICT A. Purpose. This Section is intended to provide clear and transparent design guidelines for projects seeking to build above 30 feet in height in the CD Zoning District through new construction or additions to existing buildings. B. Eligibility. Proposed developments in the CD (Downtown Commercial) zoning district are eligible to build to a maximum height of 42 feet. This Section's height allowance for downtown residential projects shall not be available and shall not be applied in any zoning district except the CD zoning district. C. Development and Design Standards. 1. Short-Term Rentals Prohibited. Housing units approved under provisions of this Section shall not be rented, leased, or furnished for tenancies of less than thirty (30) days. (see §5.1. B) 2. The highest floor shall include a step-back of no less than 8 feet from the property line on any portion of the building facing a street right of way, river corridor, trail corridor and any other public open areas 3. Exterior building materials shall include brick, stone, and EIFS/Stucco, metal and wood can be used in trim accents. 4. Blank walls may not exceed 10’ in height by 15’ in length without a window or doorway when visible from a public street, open space or pedestrian oriented space or pathway. 5. Building projects should demonstrate that they are meeting the design guidelines below: a. To encourage horizontal articulation, and to modulate the apparent size and scale of a building, a portion(s) of the street facing façade should be stepped forward or backward from the predominant facade plane of the building. b. Storefronts and other buildings with non-residential uses on the ground level must include a minimum of two of the following articulation features for every 30 feet on continuous building frontage to create a human scaled façade pattern: i. Windows. ii. Entries. 55 iii. Use of weather protection features such as a canopy. iv. Change in roofline of a least 12 inches in depth. v. Change in building material or siding style. vi. Articulation of a single building material through varying colors, textures, or incorporating joints or an integrated trim pattern. vii. Vertical elements such as a trellis with plants, green wall, art element. 6. Exceptions:Projects that exceed 30feet in height shall provide a viewshed analysis that includes the following: a. A shadow analysis that provides a visual model of how the building will cast its shadow on adjacent public areas during various times of the year. b. A picture or visual as viewed from public right of way, sidewalk, or road primary frontage where the building is visible demonstrating the impact on views of Rocky Mountain National Park and/or other natural features. 56 57 CPAW Memorandum of Understanding – Estes Park, CO Page 1 MEMORANDUM OF UNDERSTANDING Estes Park, CO Overview This Memorandum of Understanding (“Memorandum”) is dated May 12, 2021, and is between Headwaters Economics, Inc., a Montana nonprofit corporation with address of P.O. Box 7059, Bozeman, MT 59715 (“Headwaters Economics”) and the Town of Estes Park, a political subdivision of the State of Colorado with address of PO Box 1200, Estes Park, CO 80517 (“Estes Park”). This Memorandum is valid through December 31, 2021, unless otherwise extended in writing by both signatories. Purpose and Intent In 2020, Estes Park was selected to receive technical assistance through Headwaters Economics’ Community Planning Assistance for Wildfire (CPAW) program.* The purpose of this Memorandum is to clarify roles, responsibilities, and expectations associated with participation in CPAW. CPAW is a voluntary program. This Memorandum does not create a binding and legally enforceable agreement between the Headwaters Economics and Estes Park. CPAW supports local adaptation to wildfire by providing technical assistance to communities. Technical assistance varies based on community needs and may be in the form of land use planning recommendations, risk assessment, research, and capacity-building activities. CPAW services are provided at no financial cost to selected communities. Roles and Responsibilities Estes Park By accepting this Memorandum and participating in CPAW, Estes Park commits to working with CPAW on the following tasks: •Provide background information, plans, regulations, wildfire data and related documentation, and knowledge of local issues to help CPAW identify and understand appropriate planning and wildfire challenges facing the community; •Provide a minimum of two key points of contact (a representative for the planning department, and a representative for the local fire department or fire protection district) committed to responding to inquiries from CPAW; •As Covid-19 restrictions allow, and as needed, host community site visit(s) to help CPAW meet with local stakeholders to discuss planning and wildfire topics; •Engage in the review process of drafted products, tools, and documents by providing timely feedback, as requested; 58 CPAW Memorandum of Understanding – Estes Park, CO Page 2 •Liaise with other local stakeholders, elected officials, and the public, as appropriate, to engage them in the CPAW process and share final deliverables; •Actively engage in the CPAW process, including attending scheduled meetings, responding to email inquiries, co-presenting at events, and participating in other requests, as needed; CPAW Headwaters Economics/CPAW engages the technical services of additional organizations to provide CPAW services. All consulting team members who work directly with the community will be clearly identified throughout the CPAW process. CPAW commits to providing the following assistance to Estes Park: 1.Enhance community wildfire risk-reduction communications. a.Assist local leaders in providing community-wide awareness and education on effective wildfire mitigation strategies for the home and property. Communication tools and materials will target diverse audiences and use multimedia platforms, which may include: handouts, presentations (virtual and in-person if travel allows), interactive online tools and visualizations, research reports, website posts and op-ed articles, streaming videos, graphics, photographs and illustrations, and capacity training events. b.Provide a stakeholder guide for developing a wildfire -resilient community including who needs to be involved, why wildfire resiliency is relevant to different groups of stakeholders, and key messages that resonate with diverse stakeholders. c.Develop strategies and materials focusing on mitigation measures for different types of property owners, such as permanent, year-round residents; second- home owners and absentee residents; and commercial and business owners. 2.Increase land use planning capacity. a.Provide model language and support in the Comprehensive Plan update process. Work closely with contractors updating the Comprehensive Plan to ensure wildfire mitigation is considered in document development. b.Provide model ordinances and examples that support wildfire-resilient growth in undeveloped areas of the county (i.e., cluster development, small -parcel fragmented landscapes, etc.). c.Provide recommendations and model ordinances for wildfire mitigation within the urban core residency, commercial areas, and business district considering the need to retain aesthetics of place and building preferences. d.Set the stage to inform the development code rewrite (2022), including subdivision and landscaping regulations. e.Connect stakeholders to risk-mapping resources. 3.Work in partnership and support other agencies' scopes of work as they relate to wildfire mitigation. 59 CPAW Memorandum of Understanding – Estes Park, CO Page 3 a.Maintain open communication with stakeholders. Listen thoughtfully to stakeholders’ expressed strengths, needs, and ideas. b.Provide resources such as model language, best practices, and examples from peer communities. Implementation Estes Park retains all responsibility for developing and implementing community and land use regulations and for authorizing actions to implement regulatory requirements, plan goals, policies, and actions for all property under its jurisdiction. Further, Estes Park is under no obligation to use or implement any CPAW recommendations. Final deliverables created by CPAW will be provided to Estes Park and may also be shared publicly unless other arrangements are discussed by both parties in advance. Neither party anticipates financial contribution from the other party for any component of this MOU. Contact Questions or concerns about this Memorandum should be directed to: •Kimiko Barrett, Ph.D., Headwaters Economics Email: kimi@headwaterseconomics.org Phone: (406) 224-1837 Signatures Town of Estes Park: Approved as to Legal Form: _________________________________ _____________________________ Mayor Town Attorney ATTEST: Approved as to Content: __________________________________ _____________________________ Town Clerk Town Administrator __________________________________ ________________________ Patty Hernandez, Executive Director Date Headwater Economics 5/12/21 60 CPAW Memorandum of Understanding – Estes Park, CO Page 4 *Community Planning Assistance for Wildfire Program Community Planning Assistance for Wildfire (CPAW) is a program of Headwaters Economics. It works with partners at the local, state, and federal level to create fire-adapted communities. CPAW collaborates with communities to strategically envision and plan safe homes and neighborhoods in areas with increasing wildfire risks. It provides communities with diverse services including land use planning recommendations, custom research and science, communication tools, and risk mapping to mitigate wildfire risks, reduce home losses, and increase public safety. Established in 2015, CPAW is funded by the U.S. Forest Service and private foundations. CPAW has directly worked with 75 communities and reached thousands of people through events, presentations, online tools, downloadable reports, and media presence. In accordance with Federal law and the U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, DC 20250 -9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity provider and employer. 61 May 20, 2021 Dear Friends On the Estes Park Planning Commission We are a group of Middle school students who have been studying the effects of natural hazards on our community. In the process of competing in the RISE Challenge Colorado we met with a lot of people who could give us some information on wildfire risk. One of the things we discovered everyone can play a part in wildfire mitigation and creating defensible space around a home. By following “Firewise” recommendations and “Ready, Set, Go,” suggestions we can help create a community that is better prepared for fire and can bounce back with greater resilience. We heard about the building codes and the way they have been modified to avoid wildfire risk. One area of concern we discovered was the need for better landscaping policies to be in place. It seems that with the emphasis on being prepared for wildfire we should discourage the placement of flammable plants and objects near our homes, and businesses. Knowing what we now know about embers igniting fires, we hope you will consider modifying the current policies so that when building a new home or structure or doing significant remodeling the landscape materials and their placement encourage more defensible space, (Landscaping in the development code 7.5). We do appreciate the mention of FireWise recommendations (CSU extension bulletins 6.303, 6.305) in the plant materials section. All of us enjoy seeing green plants and a nice home environment however, we now also see the importance of keeping structures safe from spreading fires. Please consider adopting new policies that will encourage the xeriscape landscaping that more closely resembles our climate in and around structures and public places. As members of the future generation of homeowners we want to know that everything practical is being done to keep our community safe and fire resistant. Thank you for hearing our concern, please take action to improve the defensible space we need to have a safe community. Sincerely, The EPMS 6th grade Earth Force Team, Ben B., Gabe O., Olivia B., Colby O., Eva C., Abi W., Jennifer R.T., Leo B. 62 May 20, 2021 Dear Friends, We want to thank you for all you do for our community. It may often go unnoticed but we were reminded as we studied Natural Hazards and wildfires of the important role our Public Works Department plays daily, as well as during emergencies. We represent a group of middle school students who have been studying wildfires and we were directed to write to you about a specific concern we have for safety during a wildfire event. Much like a flash flood is a fast developing emergency; wildfire is also quickly spread under the conditions sometimes present here in Estes Park. We noticed the signs in the canyons warning motorists to climb to safety in the event of a flash flood. After studying wildfires and the close calls we have had in the past we thought it would be smart to post signs in locations where visitors would likely go to access public lands, or short term rental locations but may not know that the road is the only access point in and out of an area. This would include places such as the Little Valley neighborhood east of Fish Creek Road. Many people use this to access National forest land but they might not be aware that should a fire start below where they park it could make exiting impossible and they would be trapped. Our idea is to post a sign at the entrance to these areas that makes the people aware of the possibility of being “trapped” with no easy exit. The signs at the entrance could say something like “Caution- This is the only entry and exit for this road. Please be aware of fire conditions”. If a sign was posted like this a visitor or resident would be reminded that the road is their best option of escape and it could be cut off due to a natural hazard such as a fire. While the school year is coming to a close we would be willing to work with the town and the Estes Valley Fire Prevention District to determine the best locations for these signs and create a warning system that could save lives and prevent unwanted fires. Thank you for considering this request. 2021 Earth Force Team, Ben B., Gabe O., Olivia B., Colby O., Eva C., Abi W., Jennifer R.T., Leo B. 63 64 >>name of board/committee<< BYLAWS [Adopted MM YYYY] I. ROLE >>define the role and mission<< >>board/committee abbreviation<< in the remainder of this document will refer to the >>Name of board/committee<<. Chair in the remainder of this document will refer to the Chair of >>board/committee<<. II. MEETINGS A. Regular Meetings. Shall be held >>describe frequency of meetings<<, with additional meetings scheduled as needed. Regular meetings shall occur at >>day/time if meeting time is certain OR “at regular times set by the >>board/committee<<”<<. Any item on the agenda which cannot be heard and considered by the conclusion of the meeting may be continued until and heard at the next regularly scheduled meeting or a specially scheduled meeting and shall have priority over any other matters to be heard and considered. B. Special Meetings. May be held at any time upon call by the Chair or >>”Responsible Department” Director<<. Notice of at least three (3) calendar days shall be given to each member of the >>board/committee<<. The time, place, and purpose of the special meeting shall be specified in the notice to the committee members. Should a special meeting be scheduled, notification must be provided to the >>title of staff liaison<< in an effort to adequately notify the public in accordance with the State of Colorado Open Meetings Law Section 24- 6-402(2)(c) C.R.S. C. Cancellation of Meetings. Regularly scheduled meetings of the >>board/committee< may be cancelled or rescheduled upon determination by the Chair. Any cancelled meeting requires notification to the >>title of staff liaison<< in an effort to adequately notify the public. D. Meeting Procedures. Chair shall preside in accordance with generally accepted norms for the conduct of parliamentary procedure. The >>board/committee<< may overturn a parliamentary determination of the Chair by majority vote. Robert’s Rules of Order may be considered as a parliamentary guide. E. Open Meetings. All meetings and action of the >>board/committee<< shall be in full compliance with state statutes governing open meetings, as amended and incorporated herein by reference. It is the responsibility of the assigned staff 65 member of >>Responsible Department<< to be familiar with these statutes and regulations. F. Attendance by Non-members. Meetings may be attended by persons who are not members of the >>board/committee<<. At the discretion of the Chair, nonmembers may be allowed to speak at meetings. However, in no event shall nonmembers be allowed to vote on matters for which a vote is required. III. MEMBERS AND QUORUM A. Membership. >>define membership here, including any expertise and the number of members<< Appointments of members shall be made by the Town Board in accordance with Policy 102. B. Terms. Members shall be appointed to a _____ year term. The terms of the members shall be staggered so that the terms of an equal number of the members, or as equal a number as possible, expire on the last day of >>month<< each year. There are no term limitations, and members may be reappointed by the Town Board in accordance with Policy 102. C. Vacancies. Vacant positions shall be filled by appointment by the Town Board for the unexpired portion of the term of the position to be filled. D. Quorum. A quorum for transaction of business of the >>board/committee<< shall consist of a majority of the members of the >>board/committee<<. [Exception for Planning Commission, Board of Adjustment, Board of Appeals, as small, decision-making boards: “A quorum for transaction of business of the >>board/committee<< shall consist of X members of the >>board/committee<<.” X should be equal to the smallest majority of the fixed number of membership positions on the Board, notwithstanding any vacancies.] This is the minimum number of members required to be present to open a meeting and conduct business, i.e. a seven member board would require four members to be present to establish a quorum. E. Action. Any action by the >>board/committee<< shall be by majority vote of the members attending any regular or special meeting at which a quorum is present, unless otherwise provided by law or ordinance. A tie vote shall constitute failure of the motion on the floor. F. Town Board Liaison. The Town Board may appoint one of its members as a liaison to the >>board/committee<<, who shall receive copies of all notices, documents, and records of proceedings of the >>board/committee<< which any member would also receive. IV. OFFICERS 66 A. Officers. >>define here, but at a minimum must have a chair and vice chair<< B. Elections. Officers shall be elected by the members annually, at the first regularly scheduled meeting of each year. Officers shall be members of the >>board/committee<<. Notification of who is elected Chair and Vice Chair will be sent to the Town Clerk. C. Chair Responsibilities: 1. Preside at all meetings 2. Ensure that all meetings are conducted with decorum and efficiency 3. Call special meetings in accordance with the bylaws 4. Authority to cancel a meeting 5. Sign any documents prepared by the >>board/committee<< for submission to the Town Board or town departments 6. Represent the >>board/committee<< in dealings with the Town Board or other organizations 7. The Chair has the same right as any other member of the Board to vote on matters before the >>board/committee<<, to move or second a motion, and to speak for or against proposals D. Vice-Chair Responsibilities: 1. Assist the Chair as requested 2. Accept and undertake duties delegated by the Chair 3. Preside over meetings or perform other duties of the Chair in the event the Chair is absent or unable to act E. Chair Pro Tem. In the absence of the Chair and Vice-Chair at a given meeting, the >>board/committee<< may elect a voting member to serve as Chair for the duration of that meeting. V. STAFF ROLE Assigned staff member for >>Responsible Department<< is responsible for proper notification of meeting, preparation and distribution of agenda, assembly of packet and taking minutes for all meetings. VI. ATTENDANCE Regular attendance by the members of the >>board/committee<< is expected. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town Board may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. VII. GENERAL PROVISIONS 67 Recommendations for amendments to these bylaws may be adopted at any regular or special meeting of the >>board/committee<< by a majority of the membership of the >>board/committee<< provided that notice of such possible amendments is given to all members at least 20 days prior to the meeting at which action is to be taken. Any amendments shall be subject to approval by the Town Board. VIII. COMPLIANCE WITH TOWN POLICIES A. In addition to these bylaws, the >>board/committee<< shall operate in compliance with the adopted Town Board policy on Town Committees, Policy 102, as amended. The terms of this policy are incorporated into these bylaws by this reference. A copy of the policy, along with these bylaws, shall be provided to each member at the time of their appointment. B. Failure to comply with applicable Town policies may be grounds for an official reprimand or censure by the >>board/committee<< and/or a recommendation to the Town Board for removal. IX. CONFLICT OF INTEREST: All members of the >>board/committee<< are subject to the standards of conduct under the State of Colorado Code of Ethics, Sections 24-18-101 et seq., C.R.S., and Article XXIX of the Colorado Constitution (Amendment 41). At the time of introduction of an individual item on the >>board/committee<< agenda in which the member has a conflict of interest, the member shall state that he or she has a conflict of interest and then abstain from participating and voting on the matter. A member having a conflict of interest on any matter shall not attempt to influence other members of the >>board/committee<< at any time with regard to said matter. Adopted this ___ day of _______, 20XX ESTES PARK BOARD OF TRUSTEES By: ________________ Mayor APPROVED AS TO FORM: ____________________________ Town Attorney 68