HomeMy WebLinkAboutMINUTES Town Board 1999-06-08Town of Estes Park,Larimer County,Colorado,June 8,1 999
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park,Larimer County,Colorado.Meeting held in the Municipal
Building in said Town of Estes Park on the $th day of June,1999.
Meeting called to order by Mayor Robert L.Dekker.
Present:Robert L.Dekker,Mayor
Susan L.Doylen,Mayor ProTem
Trustees Jeff Barker
John Baudek
Stephen Gillette
George J.Hix
Lori Jeffrey
Also Present:Randy Repola,Assistant Town Administrator
Vickie O’Connor,Town Clerk
Gregory A.White,Town Attorney
Absent:None
Mayor Dekker cafled the meeting to order at 7:00 p.m.
PUBLIC COMMENT:
None.
TOWN BOARD COMMENTS:
On behalf of the Mayor and Board of Trustees,Trustee Baudek congratulated the Eagle
Rock School in being recognized as a National Service-Learning Leader School.The
recognition was awarded by a new presidential initiative and the recognition was
awarded to only 70 schools nationwide.Service-learning combines academics with
community service in a way that benefits students,teaches civic responsibility and
strengthens communities.As part of its award,Eagle Rock was asked to lead other
schools in starting or improving their service-learning programs.Through service-
learning,students apply their coursework to community issues in relevant and
meaningful ways,le:building a handicapped-accessible pier at Lake Estes,remodeling
the Salud Clinic,helping with construction of the MacGregor Ranch Nature Museum,
building a new deck for the Visitor Information Center,helping with renovation work at
Rocky Ridge Music Center,and performing numerous tasks in support of the Estes
Valley Youth Center.Eagle Rock also assists with set-up for the Scottish-Irish Festival,
marshals for the Catch the Glow Christmas Parade,trail construction for the National
Forest Service and Rocky Mountain National Park.The Board expressed their
appreciation to Eagle Rock for being such fine community-oriented neighbors.
1.CONSENT CALENDAR:
1.Town Board Minutes dated May 25,1999.
2.Bills.
3.Committee Minutes:
A.Community Development,May 27,1999 —Approval of:
1.Special Events
a.Amendment to Policy Manual re:Banner Regulations and
Specifications.
B.Public Safety,June 3,1999.
Board of Trustees —June 8,1999 -Page 2
4.Planning Commission,May 18,1999 (acknowledgement only).
5.Recommendation for Re-appointment of Trustee Hix to the Larimec
County Open Lands Advisory Board,3-yr.term,expires June 30,2002.
It was moved and seconded (DoyJen/Jeffrey)the Consent Calendar be
approved,and it passed unanimously.
Mayor Dekker introduced/welcomed Wil Smith,Executive Di rector/EPU RA
who began his employment June 1st
2.ACTION ITEMS:
Rocky Mountain National Park Report.RMNP Supt.Randy Jones
presented a report on the Park’s 1999 major construction projects to be
completed.The construction,totaling approximately $5 Million,is from Fee
Demonstration Program Funds,and these funds will be expended on visitor
improvements.The Rock Cut Wall Repair will restrict Trail Ridge Rd.to a
single lane for approximately 220’,with traffic control flaggers on duty from
9:00 a.m.-6:00 p.m.daily,Monday through Friday.From 6:00 p.m.through
9:00 a.m.nightly,one-lane traffic will be alternated by use of temporary
traffic signals.This difficult project is expected to last throughout the
summer season.Other construction projects include Rock Cut Restroom
Rehab,Alpine Visitor Center Restroom Rehab,and Moraine Park
Amphitheater Rehab.
Regarding the elk population,the Division of Wildlife is partnering with the
Park on a study.The research has been completed,and the next step is the
preparation of an environmental impact statement.The Park is seeking
significant public involvement,and extended an invitation to the Town Board
to join the study group.Mayor Dekker expressed the Board’s appreciation
for the construction update.
2.Multi-Use Field Design at Fairgrounds —Update.Special Events Director
Hinze briefed the Board on this project that was budgeted for 1999
($110,000).The field is planned in the northeast corner of the fairgrounds.
Director Hinze briefed the Trustees on the design process,confirming that
the engineer’s estimate was $197,000.Staff attempted to reduce costs;
however,deductions totaled only $12,000,thus the cost exceeded the
budget.Thus,the Community Development Committee recommended
postponing the field to Year 2000,with staff seeking GOCO grant funds,
and authorizing a budget transfer to year 2000 in anticipation of obtaining
said grant funding.Public Works Director Linnane added that the engineer’s
estimate does not include preliminary design analysis ($4,000),but does
include materials that are typically high-priced,i.e.:sod,irrigation,
miscellaneous grading,fencing,construction management,and drainage
facilities.For moderate use,the sod requires a minimum installation period
of approximately 4 weeks.If the project is to proceed at this time,it must be
placed on a “last track”to meet Scottish Festival activities.Funding options,
if the project is pursued this year,include utilizing Community Reinvestment
Funds and borrowing from the Enterprise Fund.Discussion followed,and it
was moved and seconded (Barker/Gillette)the Community Development
Committee recommendation be upheld (staff proceed with GOCO funding
options,and authorizing a budget transfer to the year 2000 Budget),and it
passed unanimously.
3.Special Review Request #99-02/Development Plan,Wildfire Ridge
Affordable Housing.Request density amendment to Annexation
Agreement,Wildfire Development,LLC/Applicant.Mayor Dekker
opened the public hearing,and Town Attorney White clarified the Special
Board of Trustees —June 8,1999-Page 3
Review Process,Section 17.36.030 (f)(1)pertaining to suitability of the
proposed location,and subsections a.nearby land uses,b.adequacy of
roads,etc.,and c.environmental characteristics of the site.Senior Planner
Joseph presented the Staff Report.Pursuant to an existing Annexation
Agreement,the site was previously approved for 44 units.The Applicant is
seeking a density bonus of 11 units,for a total increase in density to 61
multi-family dwelling units in nine buildings.Construction of roads and
utilities is underway,and upon expiration of an existing lease in June,2001,
the adjacent kennel is proposed to be removed.The density bonus of 11
units is allowed by Special Review provided the proposal’s benefits to the
Town outweigh any adverse affects for the Town or vicinity based on the
criteria found in Section 17.36.030.The Planning Commission
recommended conditional approval.
A map was displayed that identified the changes being proposed,and this is
a concurrent review.Staff confirmed that the density bonus is allowed
under Section 17.20.020,and that the Planning Commission conditions for
this presentation have been met (conditions 1-6 were read aloud).In
addition,staff is recommending that the total cost of housing,including
monthly fees,not exceed 30%of total income of individuals buying these
units.
Staff confirmed that all ten revisions requested by the Planning Commission
had been accomplished.One to 3-bedroom units are proposed,and the
Applicant is seeking flexibility in the mix of unit types that will be designated
affordable.
Bill Van Horn,representing the Applicants,confirmed that the existing
commercial lot that currently houses the kennel is being absorbed in the
Annexation Agreement.This development is not an “all affordable”project;
there has been an effort not to over-crowd the site;the site will require
extensive grading and landscaping;concerning the “findings for special
review”,the Town Board already found these in the Annexation Agreement.
Drainage:originally a large detention pond was proposed on site;with an
easement,drainage will now be placed directly into Dry Gulch,this has
eliminated an imposing structure,and this area will become a playground.
Traffic volume increase will be mitigated with the removal of the commercial
kennel.Building height is under the Code maximum of 30’;all external
lighting will be shaded;the unit size ranges between 625 sq.ft.to 1,295 sq.
ft.;the warranty deed will restrict affordable units being sold at market
rates—an affordable unit shall remain so.Town Attorney White confirmed
that he has reviewed the draft deed,and the restriction does indeed provide
a 30-yr.iron-clad guarantee that units will not be sold to anyone that does
not quality for an affordable unit.In addition,the Town Board may include
other conditions in the Amendment,such as ensuring the conceptual
drawings become “as-built”drawings,and restrict nightly rentals.
Applicant representative Peter Ingersoll further discussed the affordability
issue relative to the area median income,confirming that Larimer County
ownership programs allow up to 38-40%of a family’s available income.The
Loveland Housing Authority is 30%and up to 38%,on a case-by-case
basis.The Applicant has no objection to a percentage rate of 33%.
However,should the Town Board desire to establish a maximum monthly
dues rate,the Applicant requested an escalator clause.The Applicant is
investing in higher-quality building materials to lessen maintenance for
approximately 3 years for qualified families.
Those speaking in favor:Chris Steadman,supports new units that will not
require maintenance prior to occupancy.
Board of Trustees —June 8,1999 -Page 4
Those speaking in opposition:Ralph Nicholas who read aloud his letter
dated June 21,and requested an opportunity for rebuttal should the need
arise.In summary,Mr.Nicholas questioned the corporate status of the
Applicant,and the valley median family income is considerably lower than
county-wide statistics.Mayor Dekker reiterated the Special Review criteria
to be used by the Town Board.Jo Ann Richardson,questioned why the
additional 11 units are being requested and regarding the kennel lease
expiration date of 2001,how many affordable units will be constructed in the
immediate future.
Mr.Van Horn stated that it is important to this project to financially maintain
a ratio of affordable v non-affordable units,however,the ratio will always
remain on the pro-affordable side.Additionally,the entire project cannot be
entirely designated affordable housing as it is not financially viable.
There were no persons speaking in rebuttal,and Mayor Dekker
acknowledged receipt of correspondence in opposition to the development
submitted by Beverly Briggs.There being no further testimony,Mayor
Dekker declared the public hearing closed.
Trustee comments included:the status of the kennel issue which is not in
the purview of Board;in the affordable housing concept,housing is also
needed for teachers,managers,and the like;the viability of whether density
bonuses should be granted for affordable housing;and that increased
density for this particular site appears to be appropriate.
Mayor ProTem Doylen stated the project meets Special Review criteria,
there is a need for affordable housing within the community that is becoming
further protracted every year,a diversity of stock is needed,thus she
moved staff prepare an Amendment to the Annexation Agreement
consistent with Special Review Request #99-02 Wildfire Ridge
Affordable Housing containing Items I through 6 as identified in the
Staff Report dated April 8,1999,pIus the following:the total cost of
housing,including monthly fees,not exceed 33%of the purchaser’s
monthly income,the building design be as submitted,the Housing
Administrator be accepted by the Developer and the Town,rentals
remain affordable,nightly rentals not be allowed,and the ratio of
affordable units be maintained,and it passed by the following votes:
Those voting “Yes”Trustees Barker,Doylen,Gillette,Hix and Jeffrey.
Those voting “No”,Trustee Baudek.Trustee Barker noted he was
discouraged that this request was not included in the original proposal.
4.Special Review Request #99-01,Wildlife Center,Tract 5,Beaver Point,
First Addition,International Concept ManaqementlApplicant.Mayor
Dekker opened the public hearing,and Senior Planner Joseph presented
the Staff Report stating that this concept plan proposal is for a commercial
indoor wildlife exhibit and interpretive center.The proposed use would be
fully enclosed in a 35,000 sq.ft.building that would also include a
restaurant and gift shop.Approximately 265 parking spaces are proposed,
with additional space for bus parking.The proposed use is classified as
commercial amusement,and,as such,is only allowed by Special Review.
Additionally,the size of the proposed building (16,000 sq.ft.)is allowed only
by Special Review.The Planning Commission vote,on a motion to deny
this proposal,resulted in a tie with one abstention.This request is a Special
Review Concept Plan submittal,and as such,the Town Board is to consider
the suitability of the proposed use at this location using the criteria in
Section 17.36.030.In the event the Town Board approves the Concept
Plan,and in order for the application to proceed with the development,the
Applicant must then submit a more detailed Development Plan for final
Board of Trustees —June 8,1999 -Page 5
Planning Commission approval.The Site Plan should be considered at this
time as illustrative of the concept,but potentially subject to minor revisions.
The rendered drawing represents the current site plan as proposed.At the
Planning Commission public hearing,extensive public comment was
received,and Planner Joseph summarized said comments/concerns.The
Traffic Study has been completed and it identifies the required access at the
developer’s expense.As illustrated on the Site Plan,the required traffic
improvements would require additional highway right-of-way,and left turn
lanes into the site.Specific traffic study questions should be posed to Matt
Delich.Planner Joseph summarized that the study indicates an acceptable
level of service,and confirmed verbal acceptance by CDOT—written
confirmation has not yet been received.Based on the Planning
Commission public hearing,the Applicant has made an effort to address
public concerns,and the connection for pedestrian improvements on the
site fulfill the Code requirement.
Town Attorney White reviewed the Special Review criteria,adding that the
5th category is not germane to this discussion.
Applicant comments:Scott Sullivan,Director of Finance and Principal of
International Concept Management (1CM),has been associated with the
firm for 11 years.This project is a wildlife interpretive living center,not a
petting zoo.1CM has been involved in similar work for a number of years,
and their expertise allows them to build quality exhibits.The proposal is for
a living museum where Y2 of the exhibits will be live.Fish and small animals
such as porcupine,beaver,muskrat,kit fox,collated lizard and the like will
be included;there will not be any hoofed animals.An aggressive marketing
campaign is planned;a year-round core group of employees will be
maintained;internships and programs are planned with schools;local
vendors for construction will be utilized whenever possible;and the Center
will be an additional revenue source,attraction and educational resource.
The building design is an indicator of the high quality being proposed,and
the building has received favorable community response.1CM shares
existing traffic concerns and in an effort to mitigate certain traffic congestion,
they are proposing accel/decel lanes.Additionally,at a recent Planning
Commission meeting,Chairman Sager stated 1CM was performing more
mitigation than any other developer in the past.Mitigation for noise and
odor have been incorporated into the design;the building design has been
designed and located so as not to remove trees,terraced parking has been
incorporated;landscaping has been designed to lessen the impact;special
down lighting for the exterior is planned;the overall design took into
consideration the existing natural environment and wildlife habitat.Also,
1CM has obtained a letter of endorsement from the Chamber Resort
Association Board.
Bill Ziegler,Wildlife Biologist Consultant,reviewed his credentials (25 years
experience),and briefed the Trustees on the following:the majority of the
animals for this Center will be “captive born”,others will be obtained from
rehab facilities that are deemed not releasable by the Fish &Game Dept.
and from captive breeding programs.The US Dept.of Agriculture has
written health protocol requirements for such Centers,and the CDOW will
also be involved in the permitting process.Enrichment programs to improve
health,care and other items deemed necessary will be followed;the
animals will not be held in restraint,nor will they be paraded on stage.
There will not be an odor problem and USDA regulations will be followed.
Filtration systems will maintain the aquatic life.
Paul Kochevar,Applicant’s representative,commented that the roof
structure (as depicted on the model),will house the HVAC—there will not be
Board of Trustees —June 8,1999 -Page 6
any mechanical structure outside the building,and the structure will be
approximately 180’to the nearest property line.There is a separate parking
area for buses,and a separate area for tour buses along the west side of
the building.An area northeast of the building is reserved for future
development,such as parking.Mr.Kochevar confirmed that if a change in
the Concept Plan is anticipated,approval must first be obtained from the
Town Board.Concerning diesel fumes from running buses,Mr.Kochevar
stated that tour buses will drop-off their passengers then park in the west
side parking lot;1CM could ask that the busses shut down.Regarding
drainage,although Town criteria allows drainage to flow directly into the
river,the applicant will maintain drainage control along the boundary of the
river,storing surface drainage off the parking/grass area.A filtration system
is planned along the south side of the site,and it will be installed during
construction as 1CM has extensive experience in this area.
Mr.Sullivan responded to a question on hours of operation by stating that
ultimately,the hours will be determined on demand.1CM anticipates
opening at 9-1 0:00 a.m.,and closing at 6-8:00 p.m.
Matt Delich,P.E.reviewed his Traffic Impact Study,noting his 30 years’
experience in traffic engineering.He reviewed the scope of the study with
Town staff,Paul Kochevar,and CDOT prior to starting and the scope was
agreed upon by all parties.Originally,the CDOT traffic data listed a 1%
growth factor on Hwy.36;however,due to additional statistics provided by
CDOT,the study now reflects a 3%growth rate.Discussion followed on the
methodology,with Mr.Delich confirming that the analysis found that the
exits from the site operate on an acceptable level.Delays should not occur
within the turn lane,and stacking will occur within the parking lot itself.Mr.
Delich confirmed that the acel/decel lanes will not alleviate existing traffic
congestion on Hwy.36
Public testimony was heard from:Chris Hazelton,a previous dolphin trainer
and rehabilitator,who stated the Center was well-suited to the area.Kiley
Hazelton,school student,loves animals and likes to learn more about them
and nature.Guests will enjoy their experience,and its a great place for field
trips.Urged support.David Habecker:Estes Park is a tourist Town,
always has been,and always will be,out economic base is tourism,and
every resident is a custodian of that economic base.This is a quality project
that will do nothing but enhance the tourism base.Any problems that may
be associated with the site are minimal when compared with economic
base,any benefit outweighs problems.Urged approval.
Merideth Sloan,adjacent property owner whose family has been a resident
since 1930,loves open space and wildlife.However,it is unrealistic that
open space will remain so.Thus,as an adjacent property owner,if she has
to look at a commercial site,the proposed building is beautiful.Trees will be
allowed to survive,the parking lot is landscaped,and regarding the
economic benefit,there is nothing better to educate kids and adults than
wildlife.Her spouse is a veterinarian who donates his time in a zoo for
wildlife to ensure animals for the future.This project does not change
existing wildlife habitat;the site will be developed unless it is dedicated as
open space;and with alternatives for uses,this proposal is best.Urged
support.
Mayor Dekker acknowledged a petition containing 266 signatures in
opposition to the proposal,and 170 e-mail messages from People for
Ethical Treatment of Animals (PETA).The comments addressing a bazaar
plexi-glass zoo and constraint of animals are issues that the Town Board
Board of Trustees —June 8,1999-Page 7
cannot address;the Board is limited to consider Special Review criteria (4
points).There are also supporters for this proposal.
At 9:52 p.m.,Mayor Dekker announced a 7-minute recess.Mayor Dekker reconvened
the meeting at 10:01 p.m.to hear opposition testimony,and he requested any groups in
the audience appoint a spokesman to eliminate any repetition.
Opposition was heard from the following:
Susan Wolf,ecologist for 20 years.1/today,zoos are moving away from
cages;2/adequate animal space has not been defined;3/the Applicant
mentioned that the Animal Welfare Act is responsible for standards,
however,the Applicant failed to mention that the USDA has minimal
standards.The USDA allows shocking conditions,therefore a company
may still be in compliance;4/the Applicant has underestimated animal
waste;5/questioned whether rehab animals will be used,the Applicant
mentioned only birds.Rehab animals should be minimized.
Bob Burger resides at 650 Moraine Ave.at Telemark Resort,Is aware of
existing traffic congestion and questioned the left turn access and noted an
existing elk grazing area.
Jim Martell,Attorney representing the River Rock Town Home Assn.The
developers do not have a use by tight to have this development at this
particular location;the Town Board can approve only if the benefits
outweigh adverse conditions.The Applicant must prove their proposal will
not have a detrimental impact;urged the Board review the Traffic Study in
context for this particular highway and existing conditions.Additional
concerns were:the undesignated area on the proposal,building and site
design,drainage facilities,is this facility needed,questioned whether this
proposal would increase the economic base,this proposal is not consistent
with adjacent land use,and urged denial.
Dave Crawford,Director of Animal Defense/Boulder.Presented Handouts
on zoos,and photos showing animals in captivity.Animals,even though
they may be born in captivity,are not tame animals—you cannot breed-out
wildness;isn’t aware of any animal rehabilitator that would want their
animals put on display;and having an interpretive center next to RMNP is
absurd.
Judith Lamy,has attended all the hearings,questioned whether this
proposal meets the Special Review criteria,and urged the Town Board to
give due consideration to each point.Ms.Lamy requested the Board
research ICM’s corporate structure and do their homework.
Jessica SandIer,PETA Representative,Lakewood.Visitors pass through
Estes Park for the beauty not this proposal.PETA and similar organizations
represent more than 10 million Americans and none of them want this
proposal to be approved.There is a study that profiled children’s behavior
when they go to zoos,it found that a large number of children spend time
making faces,mimicking,and laughing at animals.Accreditation in no way
assures quality of care,e.g.,San Diego is an accredited facility,and that
didn’t prevent beating of an animal,nor the Denver zoo from breeding non
endangered animals for hunting.Ms.Sandier cautioned that this issue can
be “national”,PETA is watching carefully.
Don Berger commented that the Board had refused smaller businesses to
have expansion due to buses making smoke,and this Applicant is merely
larger.
Board of Trustees —June 8,1999 -Page 8
Pauline Bustamante.Questioned how the left turn level of service
changed/improved from the last Planning Commission,and took offense at
the Mayor’s comments relative to citizens signing petitions.Mayor Dekker
apologized for any comments that may have offended Ms.Bustamante.
Don Reed,new resident,expressed his concerns with what the benefit will
be to Estes Park and the developers in particular.Perhaps the Board
should consider projected forecasts/profits that could help the Board make
their decision.Mr.Reed has no political affiliations,and noted his opinion
that this proposal is “already a done deal.”When the Wildfire proposal was
being heard,Mr.Ingersoll was specifically questioned and required to
provide the percentage figure and association fees;this Applicant has only
supplied intents such as drainage,odor/filtration system.
Alan Aliwell,stated he carried the petitions requesting denial of this
proposal,and the ratio of supporters was approximately 30/1.If the
proposal was taken to referendum,“it would fail gloriously.”
Rebuttal was heard from:Bill Ziegler,who commented on the Animal
Welfare Act,and certain parameters for watering,caging,behavior
enrichment,etc.Veterinarians conduct inspections;there will not be any
hoofed animals;with his vast experience,he is well aware of the amount of
waste produced by animals;encouraged Mr.Crawford’s assistance in
locating rehab animals and is willing to work with any organization to equally
share information/programs.
Assistant Town Administrator Repola confirmed that this proposal is a
Concept Plan Review,details are required during the Development Plan
stage.
Trustee Baudek questioned how the Board has assurance that the building
and site will be constructed as presented.Staff responded that such detail
would be provided to the Planning Commission if this Concept Plan is
approved.However,the Town Board does have a right to approve with
conditions.Mr.Kochevar confirmed that the design is virtually completed.
The interior space has been reviewed by staff.
Ms.Sloan qualified her previous statements,confirming she has no
personal gain to the developer or project.
Mr.Delich responded on the traffic question confirming that the growth ratio
was changed from 1 %to 3%as updated information was provided by
CDOT between the Planning Commission meeting and this meeting.
There being no further public testimony,Mayor Dekker closed the public
hearing.Town Board comments:Jeffrey/the concept is a great opportunity,
she had no pre-conceived ideas on this proposal,and remains concerned
with traffic issues.Gillette/concurred with Trustee Jeffrey,the Center is a
great opportunity for Estes Park,and requested staff confirm CDOT is
willing to issue a highway permit.Planner Joseph reiterated that CDOT has
issued verbal approval.Staff also recognized that details that may be
subject to hopefully minor revision,rather than significant changes to
drawings and written information.Doylen/clarified uses by right relative to
this site and proposal,and that she respected the testimony offered on this
proposal.Baudek/the economy is based on tourism,the Town Board has
an obligation to look at not only the good times,but the bad times.
Something will be built on this property;this developer has done more for
mitigation that any other developer.Barker/this is a top-flight project.The
community has a need for something else to do,and traffic concerns have
Board of Trustees —June 8,1999 -Page 9
been mitigated.Hix/the traffic congestion on this portion of Hwy.36 has
existed for a number of years.
Finding that the benefits of this Special Review will outweigh any adverse
impacts for the Town or the vicinity,Trustee Jeffrey stated (1)the proposal
is suitable for the location on Moraine Ave.as the proposed use will not
damage nearby land uses;there are adequate roads,water,sewer service,
and drainage facilities serving the location;and the use as proposed takes
into consideration the environmental characteristics of the site with regard to
public safety and the natural environment;(2)the proposed building and site
design avoids visual,noise,or other intrusion into the adjacent premises;is
not a departure from the established character of the neighborhood;and
avoids unnecessary damage to the natural environment of the site;(3)the
proposal meets a social,economic,or community need of the Town;and (4)
the proposal is consistent with the objections of the Town’s C-O Commercial
Outlying Zoning District;and moved Special Review Request #99-Of for
the Wildlife Center be approved,contingent upon staff
recommendations I through 6,including the drainage plan as
proposed above,and it was seconded by Trustee Gillette.The motion
passed unanimously.
Mayor Dekker expressed the Board’s appreciation for all comments,and announced a
5-minute recess at 11:22;the meeting reconvened at 11:26 p.m.
5.Amended Plat and Rezoniog of Tract 69,Fall River Addition,
RMNPIAppIicant.Mayor Dekker opened the public hearing,and Senior
Planner Joseph reported that the site is 35 acres,zoned E-Estate,on the
north side of Hwy.34,west of Nicky’s Restaurant.The proposal is to divide
the site into two lots:Tract 69A (28.33 ac.)is proposed to be deeded to the
RMNP,and Tract 69B (6.77 ac.)would remain a development lot and be
rezoned to R-M Multiple Family.A plat restriction for a maximum of 10
attached dwelling or accommodation units would be included.Under
current E-Estate zoning,the site will accommodate 10 units;the proposal
amounts to a density transfer that results in a tightly clustered development.
The RMNP supports the proposal due to the Big Horn Sheep habitat;the
plat incorporates the Planning Commission recommendations,and the
Planning Commission did recommend approval.Approval of the rezoning
request is being recommended with the condition that rezoning will be
concurrent with the transfer of ownership;staff is in receipt of the deed,and
it should be recorded with the plat.RMNP Supt.Jones confirmed the Park
accepts this property.
Bill Van Horn,Applicant’s representative,stated this property adjoins Estes
Valley Land Trust property,eventual development will be compatible.
Those speaking in favor:Curt Buchholtz,Dir.RMNP Associates.Edith
Gaylord Harper is the donor and she is hopeful her generosity will inspire
others to do the same.Mr.Buchholtz requested the Mayor send a letter of
appreciation to Ms.Harper for making this open space possible,and Mayor
Dekker supported the request.
There being no further testimony,Mayor Dekker declared the public hearing
closed.It was moved and seconded (Hix/Doylen)the Amended Plat and
Rezoning of Tract 69,Fall River Addition,be approved,as well as the
rezoning request of Tract 69B to R-M Multiple Family,and it passed
unanimously.
Board of Trustees —June 8,1999-Page 10
6.Appointment -Estes Park Planning Commission.Mayor Dekker
announced that Margaret Clark will serve on the Planning Commission
filling one of two vacancies,and her term will expire April,2000.
7.Amendment to JANCO Development Agreement for Lots 32-35 and
Portions of Lots 1,31 and 37,White Meadow View Place Addition.
Assistant Town Administrator Repola briefed the Trustees on the
previously approved Development Agreement,adding that the
Development Plan and Business Performa made certain assumptions.
Among those was a $200,000 grant at 2%from the Colorado Division of
Housing.The state funds were not obtained.The estimated total
residents for maximum occupancy was 85,and the Agreement allows
JANCO to charge rents up to the 50%level of median income for Larimer
County.The property consists of a combination of seasonal and year-
round residences.Of the 26 free-standing units,only 14 can be used
year-round.Four of the sixteen motel units are kitchenettes and are
planned for year-round use.Consequently,JANCO currently has a limited
ability to generate rental revenue during the cold weather months.
JANCO is seeking an amendment to the Agreement that would allow them
to charge rents up to the 60%level of median income for Larimer County.
The result would be a rent ceiling that is approximately 20%higher than
the original proposal.
The Town has made the first payment of $12,500 in consideration of
JANCO providing low-cost housing.Staff further advised there are two
options available to the Town Board:(1)allow JANCO to permanently
increase rents to the 60%level,or (2)provide a temporary increase to the
60%level until January 1,2002,and then return to the 50%level once
JAN CO has exercised the density transfer allowance.
The Amendment does not require the Town to spend additional funds,and
Lon Kinnie confirmed there is no impact to current residents.It was
moved and seconded (HixlGillette)the following Amendment to the
JANCO Development Agreement be approved:provide a temporary
increase to the 60%level until January 1,2002,and then return to the
50%level once JANCO has exercised the density transfer allowance,
and it passed unanimously.The Town Board confirmed that the
Agreement may be revisited should the need arise.
8.Liquor Licensing:
A.Transfer of Ownership:From GHV Colorado,Inc.,to New
Stanley Associates,LP,whose Partners are New Stanley Hotel
Management,Inc.,et at,Hotel and Restaurant License,333
Wonderview Ave.Clerk O’Connor reported that this application
transfers the liquor license to the proper corporation.It was
moved and seconded (BaudeklHix)the Transfer of Ownership
to New Stanley Associates,LP,be approved,and it passed
unanimously.
B.Set public hearing date of July 13,1999 for Transfer of
Ownership from Black Canyon Restaurants,Inc.,to Twin Owls
Steakhouse,Inc.,Hotel and Restaurant License,800
MacGregor Ave.Clerk O’Connor advised that pursuant to pending
litigation involving the property owner and the previous restaurant
operators,a public heating was being requested.It was moved
and seconded (Doylen/Gillette)the public hearing date of July
Board of Trustees —June 8,1999 -Page 11
13,1999 be scheduled to consider the Transfer of Ownership
to Twin Owls Steakhouse,Inc.,and it passed unanimously.
3.TOWN ADMINISTRATOR’S REPORT:
1.Food Tax Refund Report —Clerk O’Connor reported that there were
a total of 141 applications this year for a total expenditure of $19,600.The
budgeted amount was $22,000.Applications were processed from 44
families,30 disabled,and 67 seniors.
Following completion of all agenda items,Mayor Dekker noted that the June 22,1999
Town Board Meeting has been cancelled pursuant to scheduling conflicts.
There being no further business,Mayor Dekker aourned the meeting at 11:52 p.m.
Robert L.Dekker,Mayor
Vickie O’Connor,Town Clerk