HomeMy WebLinkAboutPACKET Town Board 2011-04-12Prepared 3/28/11
* Revised
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TOWN of ESTES PARIc
The Mission of the Town of Estes Park is to provide high -quality, reliable
services for the benefit of our citizens, visitors, and employees, while
being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, April 12, 2011
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION: DUCK RACE - MAY 7, 2011.
PROCLAMATION: NATIONAL CRIME VICTIMS RIGHTS WEEK — APRIL 10 —16, 2011.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 16, 2001 and March 22, 2011, and Town Board
Study Session Minutes dated March 22, 2011.
2 Bills.
3. Committee Minutes:
A. Community Development / Community Services Committee, March 25, 2011.
4. Estes Valley Board of Adjustment dated March 1, 2011 (acknowledgement only).
2. REPORTS AND DISCUSSION ITEMS:
1. REGIONAL TOURISM APPLICATION UPDATE. Frank Theis.
2_ SUPPORTER OF THE PERFORMING ARTS — FOSH AGREEMENT. Bob Gunn
3. CAPITAL PROJECTS UPDATE. Deputy Town Administrator Richardson.
3. ACTION ITEMS:
1. ORDINANCE #10-11 MORATORIUM FOR DIRECT ILLUMINATED SIGNS.
Planner Shirk.
2. ORDINANCE #08-11 - PUBLIC HEARING - 2009 INTERNATIONAL BUILDING
CODE ADOPTION AND LOCAL AMENDMENTS. Chief Building Official Birchfield.
3. ADJOURN.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
Town Board Meeting
4/12/2011
Good Evening Mayor, Trustees & Staff,
Recently, I took a look at our current Shuttle schedule with respect to the new Shuttle service
associated with the Hub. It dawned on me that the Shuttle used to transport visitors to and
from the Hub to the Visitors Center could almost do three trips back and forth while people
are waiting for their second bus. Then I considered our likely visitors choices: Lodging,
Shopping, Entertainment or a Restaurant and RMNP.
I would assume lodging folks would park at the lodging facility then hopefully/possibly use
the shuttle to go to the park, shopping, entertainment or a restaurant.
If our visitor wants to go for Shopping, Entertainment or a Restaurant from the Hub they
must take a shuttle to the Visitors Station then get on the correct bus to their next
destination. When they return with their arms full of purchases, they must again go on a two
shuttle route to their vehicle. This one way trip will take a minimum of 29 minutes and
maximum of 68 minutes wait and travel time. What a hassle for a little over a mile trip. The
Rocky Mountain Traders was used as a dropping point.
A visitor parking in the Hub and going to the RMNP will actually need to get on three
different Shuttles to get to Bear Lake or other location the park goes to.
I would like the Board to consider the use of the new Shuttle for the Hub as a Historic
Downtown Shuttle (Green). The route would be a combination of the Brown, Red and Blue
routes, removing the downtown area businesses. The shuttle would do a loop around the
businesses: See below for route.
This will allow people to park at the hub and be downtown or back to their vehicle in a
minimum of 19 minutes and a maximum of 38 Minutes with just one shuttle to deal with.
The folks coming from the Lodges and going to the Park will still have to deal with a multiple
Shuttle route though.
The use of the Hub Shuttle in this manner will help motivate visitors to use the Hub and
reduces the time to downtown by almost half without impacting the connection with the
other Shuttles to lodging and RMNP.
G-\&k key
Brown Route
Shuttle Stop
Departure Time
Shuttle Stop
Departure Time
Estes Park Visitor Center
:00
Estes Park Center - YMCA
:30
Mary's Lake Lodge
:09
Glacier Lodge
:38
Mary's Lake Campground
:12
Rocky Mount Cottages
:39
National Park Village
:16
Beaver Meadow Visitor Center
:43
Alpine Trail Ridge Inn
:17
National Park Village
:50
Elk Meadow Lodge & RV Park
:19
World Mark
:51
Estes Park Campground
:25
Estes Park Visitor Center
:54
Red Route
Shuttle Stop
Departure Time
Shuttle Stop
Departure Time
Estes Park Visitor Center
:00
Boulder Brook
:16
Timber Creek Chalets
:07
Stonebrook Resort
:17
Fall River Visitor Center
:11
Nicky's Resort
:18
McGregor Mountain Lodge
:13
4 Seasons on Fall River
:20
Estes Park Condos
:15
Estes Park Visitor Center
:26
Blue Route
Shuttle Stop
Departure Time
Shuttle Stop
Departure Time
Estes Park Visitor Center
:00
Ride -a -Kart
:09
Budget Host
:02
KOA
:10
Best Western
:03
Rodeway Inn
:12
Grumpy Gringo
:05
Stanley Hotel
:18
Lake Estes Marina
:06
Estes Park Visitor Center
:25
Green Route
Shuttle Stop
Shuttle Stop
Departure Time
Departure Time
Stanley Park Hub
:00
Piccadilly Square
:17
Estes Park Visitor Center
:04
Rocky Mountain Traders
:19
Lower Stanley Village
:06
Barlow Plaza
:21
Town Hall
:09
Estes Park Visitor Center
:23
Mrs Walsh's Garden
:12
Stanley Park Hub
:27
Grubsteak
:13
Town of Estes Park, Larimer County, Colorado, March 16, 2011
Minutes of a Special meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 16th day of March, 2011. Meeting called to order by
Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Betty Kilsdonk, Community Services Director
Absent: None
Mayor Pinkham called the meeting to order at 5:30 p.m.
1. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Ericson/Blackhurst) for the Board to go into
Executive Session for the purpose of a conference with the Town
Attorney to receive legal advice on a specific legal question under C.R.S.
24-6-402(4)(b), and it passed unanimously.
Mayor Pinkham recessed the meeting to enter into Executive Session at 5:36 p.m.
Mayor Pinkham reconvened the meeting at 7:02 p.m. from Executive Session
whereupon he adjourned the meeting at 7:02 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, March 22, 2011
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 22nd day of March, 2011. Meeting called
to order by Mayor Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Jacquie Halburnt, Town Admi
Town Attorney White
Cynthia Deats, Deputy Tc
Absent: Deputy Town Administrator Richardson
Mayor Pinkham called the meeting$to order at
recited the Pledge of Allegiance.
Mayor Pinkham announced that due�to a
2009 International Building Code Adoption
to the April 12, 2011 Town Bo meeting
item on tonight's agenda and public comment
PROCLAMATIONS
Mayor Pinkham recogr
as Tourism Celebration
Tourist Director Al Whit
Mayor Pinkham proclaimed April.; as Financial Literacy Month and encouraged
commumembers to participate in seminars and programs offered by the Estes
Valley Library during the moth of April.
p.m. and all desiring to do so,
tng agenda, Ordinance #08-11 —
Andinents would be continued
item wilie moved to be the first action
will be taken at that time.
tourism and proclaimed March 25, 2011
in conjunction, With a visit to Estes Park from Colorado
PUBLIC COMME
Charley Dickey, en, c t raged nominations for the Estes Park Pride Awards, reminded
the public of the business alert seminar to be held on March 28th, and asked for support
for next year's Winterfest event.
TOWN BOARD COMMENTS.
Trustee Ericson said students from Eagle Rock participated in a mock Town Board
meeting and made presentations to the Board related to educational programs in
leadership.
Mayor Pro Tem Levine reminded the public that the deadline for Estes Park Pride
Award nominations is March 31, 2011.
1. CONSENT AGENDA:
1. Town Board Minutes dated March 8, 2011, and Town Board Study Session
Minutes dated March 8, 2011.
2. Bills.
Board of Trustees — March 22, 2011 — Page 2
3. Committee Minutes:
A. Public Safety, Utilities, Public Works Committee, Cancelled.
4. Estes Valley Planning Commission Minutes dated February 15, 2011
(acknowledgement only).
It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it
passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:
1. TOWN BOARD LIAISON UPDATES.
Trustee Miller attended a Local Market District meetingwvhere an update to the
marketing study was presented. A presentation to the"Town Board is planned.
Trustee Koenig said five school students will be travel ng on a Sister Cities trip
to Costa Rica this summer. She noted thaf'Arl.le Rooftop Rodeo Committee
continues to prepare for this year's rodeo and is implementing a marketing
idea designed to increase attendance et the event.
Trustee Ericson reported that SOPA is finalizing, details of a capital campaign
which will be presented to the Board -at en upcoming meeting.
Trustee Elrod reviewed recent topics being addressed by the Estes Valley
Planning Commission (EVPC):including townb me regulations and PUDs.
a.
Trustee Blackhurst reported that th
has funds available for eligible; pa
assistance progr
2. TOWN ADMINISTRATOR REPORT."
Housing Authority (EPHA)
e workforce down payment
• Al white, Directoir,of the Tourism Office for the State of Colorado will be
meeting with the LocalMarketing District.
strurelated to improvements to Bond Park have begun,
acGregor Avenue from Elkhorn Avenue to Park Lane.
d session of the Governor's Economic Development Initiative
on Thursday at The Ranch. Discussion will focus on
ecessary to grow and support small businesses.
3. LIQUOR ITEMS.
1. RENEWAt" $ PLICATION FILED BY HESS ENTERPRISES, INC., dba
HUNTERS CHOP HOUSE, 1690 BIG THOMPSON AVENUE.
Town Clerk Williamson said that because the establishment had failed an
alcohol sales compliance check in January, the liquor license renewal for
Hunters Chophouse had been delayed until the owner could complete TIPS
training. Don Hess, owner, was present at the meeting and provided
documentation of TIPS training for himself and eight of his employees. It was
moved and seconded (Blackhurst/Elrod) to approve the renewal of the
liquor license for Hunters Chophouse and it passed unanimously, with
Mayor Pro Tem Levine recusing himself and abstaining from the vote.
2. RENEWAL APPLICATION FILED BY HIMULCHULI CORP dba NEPAL'S
CAFE.
Town Clerk Williamson reported that an employee of Nepal's Cafe served an
underage patron during an alcohol sales compliance check conducted in
January by the state Liquor Division with the support of the Estes Park Police
Department, resulting in a violation of liquor law. Bipin Shrestha representing
Board of Trustees — March 22, 2011 — Page 3
the owner, said that the violation involved a new employee and that procedures
are in place to thoroughly train new -hires. The Trustees reminded the owner of
his responsibility to uphold the liquor laws and encouraged attendance at a
training to be conducted by the state Liquor Division which is scheduled for
May 5, 2011, in the Town Board room. It was moved and seconded
(Blackhurst/Elrod) to approve the renewal of the liquor license for Nepal's
Cafe, and it passed unanimously.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
Mayor Pinkham opened the Public Hearing for all Consent Agenda Items.
1. CONSENT ITEMS:
A. SUPPLEMENTAL CONDOMINIUM MAP
1. Lot 6, Marys Lake Replat, The Promontory at Kiowa Ridge
Condominiums, Supplemental Condominium Map #7. Request to
condominiumize Units 4 & 7 51,4 &� 520 Promontory Drive,
Kingswood Homes, Inc., The Promontory LLC/Applicant.
As there were no comments, the Mayor closed the public hearing and it was
moved and seconded (Levine/M ar) the Consent Agenda be., approved
with staff conditions of approval, and pass d u ianimously.
2. REPORT ITEMS.
A. Amendment toff, Estes Valley Development Code — Amend
Section 5.2 AccessoryUses and Accessory Structures and
Chapter 13 — Definitions to allow solarenergy collectors.
The Estes Valley developments eCode (EVDC) currently does not contain
provisions related to solar collectors A staff report on an amendment to the
code that would add Iahguage permitting solar collection systems as an
allowed use in all residential and nori-residential zoning districts was reviewed
by the Estes l ll y Planning Commission (EVPC) and unanimously supported
thy; Commission. The proposed amendment includes formulas to calculate
eallowed square footage of the units and is scheduled to be included as an
action item o the Aprilp 26, 2011, Town Board meeting agenda. Director
Chilcott estimatedpermits for solar collectors are received each year.
5. ACTt"`t ITEMS:
1.
ORDINANCE #0'8-11 — PUBLIC HEARING — 2009 INTERNATIONAL
BUILDING CODE ADOPTION AND LOCAL AMENDMENTS.
Mayor Pinkham opened the public hearing on the 2009 International Building
Code adoption. As there was no public comment, it was moved and
seconded (Levine/Miller) to continue the approval of Ordinance #08-11 to
the April 12, 2011, Town Board meeting, and it passed unanimously.
2. ROCKY MOUNTAIN PARK INN SERVICE AGREEMENTS.
The recent termination of a franchise agreement between the Holiday Inn and
Forever Resorts necessitates the execution of new services agreements with
the Rocky Mountain Park Inn. A new Service Agreement and a Food and
Beverage Concession Agreement were prepared to reflect changes related to
the termination of the franchise, including to remove obsolete references to
EPURA, and to adjust concession payments for 2015 and 2016 to make the
Town's ground lease payment and the Food and Beverage agreement revenue
neutral. Trustee Miller suggested requiring a vote of the Town Board on an
annual basis to renew the agreements. Attorney White noted that the Town
has had a relationship with Forever Resorts since 1989 and, during that period,
Board of Trustees — March 22, 2011 — Page 4
agreements with five-year terms had been executed. Mayor Pinkham said the
five-year term of the agreements is appropriate. Chris Cook, Regional General
Manager, said activity and operational reports will be provided to the Board. It
was moved and seconded (Levine/Koenig) to approve the 2011 Service
Agreement and the 2011 Food and Beverage Concession Agreement
between the Town of Estes Park and Rocky Mountain Park Inn, LLC for a
five-year term expiring in 2016, and it passed unanimously.
Charley Dickey, Town resident, inquired about the position referenced on page
3 of the document. This is a Town position currently held by Tom Pickering
who works closely with General Manager Cook and hotel staff.
General Manager Cook reviewed the improvements that have recently been
completed at the hotel including the installation of new carpeting, window
treatments, and flat screen televisions.
3. STATEWIDE INTERNET PORTAL AUTHORITY ELIGIBLE GOVERNMENTAL
ENTITY AGREEMENT.
Subsequent to Town Board approval of funding forupdates to the Town
website, staff researched options for a zwebsite that`1liould be more user-
friendly and more manageable than the,," 'current site. Staff recommends
entering into an eligible governmental entity agreement to have the Town's
website designed and hosted, at no base cost, hough the Statewide Internet
�/r .F
Portal Authority (SIPA). SIPA is the oversight body' for the Colorado.gov portal
and hosts websites for a variety of stet" agencies, including the governor's
website. Utilizing SIPA s platform will provide improved access to Town
information and free up the funds approved toimprove the website this year.
SIPA will host and design the web to Using a template that can be customized
for the Town, provide trainingt constant tech sup superior site security and
backup systems, and keep the Toxin cu rent" with best practices in
governmental websites. Although there is no :base cost for the design and
hosting of the site, admen, istrativesfees may be charged for certain services,
such as building a mode to allowkpayments through the website or creating a
specialized module for'r'the site. PIO. Rusch stated that SIPA could begin
working with the Town n Ju e andestimated going live with the new site by the
nd of'October as moved'and''seconded (Blackhurst/Miller) to approve
t ►e eligibl governmental entity agreement between the Town of Estes
Park and the Svtate ► de Internet Portal Authority (SIPA), and it passed
nanimously.
4. ORDINANCE #07.41 AMENDMENTS TO SIGN CODE CHAPTER 17.66 OF
THE MUNICIPAL, CODE.
The Town Board approved a revised Sign Code on November 9, 2010, and at
that time directed staff to research revisions to regulations related to hold times
for electronic signs, which were considered to be too long. Staff met with
Chuck Hand, representative for YESCO Signs, studied CDOT standards, and
did additional research to establish reasonable hold and transition times for
electronic signs and electronic reader boards. Staff recommends reducing the
hold time from 20 minutes in the CO Commercial Outlying zoning district, and
24 hours in the CD Commercial Downtown zoning district to five minutes in all
commercial districts, and recommends additional discussion regarding reduced
hold times for smaller signs. In addition, the proposed amendment also
contains definitions for electronic message displays and the addition of an
alternate member for the Creative Sign Design Review Board. Dir. Chilcott
said language to add a permitting process for non-profit organizations for signs
for special events is being drafted.
Attorney White read Ordinance 07-11 into the record. It was moved and
seconded (Blackhurst/Levine) to approve Ordinance 07-11.
Board of Trustees — March 22, 2011 — Page 5
Dir. Chilcott expressed a concern about the size of electronic display message
signs which would likely be erected in high visibility, high traffic areas such as
Moraine Avenue, Elkhorn Avenue, and Fall River Road, noting that a 200 sq. ft.
display would have a significant visual impact. The Trustees concurred that the
allowable size of electronic message displays and hold times for smaller signs
merited further discussion and additional input. The Board suggested
reconvening the Sign Code Task Force to address the issue. Town
Administrator Halburnt said it would be appropriate for the Community
Development/Community Services Committee to make recommendations to
the Board on this matter. An amended motion was made. It was moved and
seconded (Blackhurst/Koenig) to continue Ordinance 07-11 to allow for
further discussion, and it passed unanimously.
Charley Dickey, Town resident, said public input, particularly from business
owners, should be taken regarding LED signs.
5. TOWN BOARD MEETING PROCEDURES.
Guidelines that would standardize Town Board m eting procedures were
presented during recent work study sessions.'`fhe ftrmat would require a
motion to be made prior to discussion, thereby providing the Board and the
public with a better understanding of the issue. In addition, a guide for the
public was drafted providing a guideline to the order of the meeting and
information about how the public mays be involved,, in the meeting procedures.
The Trustees discussed adding a defined ending;time for meetings%nd agreed
that Board meetings will end no later than 10 p m. with the exception that an
item of business commenced before 10 p m. could be concluded before
adjournment, and that a majority, rote of the Trustees can extend the meeting
until 11 p.m. It was moved and seconded (Levine/Ericson) to adopt the
Town Board meeting procedures as presented with the addition of a 10
p.m. ending time which can tie extended to 11 p.m. by a majority vote of
the Board, and it p assed unanim�,
6. ORDINANCE #09-11 HISTORIC PRESERVATION.
John Baudek,, chairman., of the 'Historic Preservation Ordinance (HPO)
Committee provided the Board with the' Committee's final report which included
Chang s implemented in responseto comments and suggestions made at the
ruary°8, 2011 Town Board meeting. Significant changes to the HPO
included a one step application process; historic district designation requires
pproval from 11a00% of the, homeowners in the proposed district; increasing the
m of office for Commission officers to two years; results of the
reconnaissance survey will not be published, and requirements in Section 12
related to demolition or relocation will apply only to properties identified on the
reconnaissance survey. Mr. Baudek said adoption of the HPO would be a
positive way to foster civic pride in our community and that the HPO aligns with
the Town Board's guiding principle to preserve the unique character and history
of Estes Park. Ron Norris, co-chair of the HPO, who was unable to attend the
meeting, had a statement read into the record supporting the passage of the
ordinance and its benefits to the community. In addition letters of support from
Jim Lindberg, Director of Preservation Initiatives, National Trust for Historic
Preservation, and Colorado State Senator Brandon Shaffer were read.
Attorney White read Ordinance #09-11 into the record. It was moved and
seconded (Levine/Ericson) to adopt Ordinance #09-11 Historic
Preservation. Discussion ensued on the following topics: obtaining tax
benefits offered by the state and federal government may be more difficult
without local historic designation and Certified Local Government (CLG) status;
reconnaissance survey not published but available through Colorado Open
Records Act (CORA); include copy of ordinance with application; clarification of
a contributing building site and contributing property; 100% of property owners
must request inclusion in historic district; confirmation that participation is
Board of Trustees — March 22, 2011 — Page 6
voluntary; some definitions are unclear and subject to interpretation by
members of commission; and historic designation will follow property, as it will
be recorded on the property title.
Brian Brown, Sharry White, Marty Casey, Jim Pickering, Sandy Osterman, and
Sandy Lindquist, spoke in support of the ordinance. Comments included the
ordinance will give us a fighting chance to preserve some of the history we
have left; adopt the ordinance on the basis of fact and benefits to the
community; pride of ownership and better education about history of the area;
need to protect and revitalize growth and property values; the ordinance will
preserve the savable, recognition and memory, and nurture community identity
and pride; civic duty to protect and preserve history; voluntary participation in
HPO should represent government's ability to be helpful to private property
owners to take advantage of potential benefits by empowering rather than
encumbering; and the HPO will aid property owners to preserve their historical
structures as part of the character of Estes Park.
Connie Phipps, John Phipps, Nick Kane, George` Crslip, Desmond Hadlum,
Bob Cheney, Mira Steinbacher, Gus Lee John Metssner, Diane Lee, Paul
Brown, and Annie Kidwell spoke in opposition to 'the .ordinance. Their
comments are summarized: not opposedto historic preservation but ordinance
is not desired or necessary; 150 signatures on petitions in opposition; don't
need additional layer of government, community is divided over ordinance; this
is a weak, bad proposal; ordinance ; S over -reaching; creates 'a cloud on
property title that is difficult to remove questioned the ability to modify historic
property to accommodate persons needing special care; will create privacy and
trespass issues; prom**museums, not residential neighborhoods; the
commission will have too uch ypower invasive elements in residential
neighborhoods; leave neighborhoods;,out of historic districts; protect
need any more neighborhoods from :: heritage tourism opt -in concept is misleading; and don't
rug+
Cory Blackman, Local arketing' District (LMD) Chair, said that heritage
tourism is not a top priority for the LMD and clarified that the LMD Board
endorsed the conce t of�hi a i preservation at their February 1st meeting, but
,ordinance itself.:due to a lack of information at that time.
o-Chair Baudek addressed concerns related to modifications of properties
and stated that the Hpertains only to a structure's exterior.
*tee Miller said opposition to the HPO seems to be based on
misconceptions and thanked the public for entering into a well-balanced
debate `, Hd�`e added he is aware of personal allegations made by opponents
of the ordinance involving certain trustees and committee members regarding
ulterior motives for supporting the ordinance which he said demeans the
process, are uncalled for, and should not be part of the debate.
Trustee Koenig thanked the HPO Committee for addressing her concerns and
stated that she cannot support the requirement of obtaining CLG status.
Mayor Pro Tem Levine and Trustee Ericson said they support the ordinance
due to its voluntary participation aspect and ability to preserve Estes Park's
historic character, now and in the future. Trustee Elrod voiced support for the
ordinance as drafted.
Trustee Blackhurst called the ordinance overreaching and said CLG status
does not allow an opt -out provision. He said he cannot support the ordinance
as written due to flaws in the document and the uncertainty it will bring to our
community.
Board of Trustees — March 22, 2011 — Page 7
Mayor Pinkham noted that, in retrospect, the ordinance may have been better
crafted had some of the property owners from affected neighborhoods been
included on the committee, and voiced concern about serving those property
owners.
Mayor Pinkham recognized the motion and second to approve Ordinance
#09-11 and called for a vote, and the motion passed. Those voting "Yes"
Trustees Elrod, Ericson, Miller, and Mayor Pro Tem Levine. Those voting "No"
Trustees Blackhurst and Koenig.
Whereupon Mayor Pinkham adjourned the meeting at 11:43 p.m.
William C. Pinkham°3Mayor
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, March 22, 2011
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
Rooms 202 & 203 in said Town of Estes Park on the 22nd day of February,
2011.
Board: Mayor Pinkham, Mayor Pro Tenn Levine, Trustees
Blackhurst, Elrod, Ericson, Koenig and Miller
Also Attending:
Town Administrator Halburnt, Deputy Town Administrator
Richardson, Town Attorney White, Finance Officer
McFarland, Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 5:30 p.m.
COMMUNITY REINVESTMENT FUND.
Trustee Ericson requested staff prepare an overview of the Community Reinvestment
fund (CRF) in an effort to provide the Board with current balances, projects and
potential future revenue. He stated the Board should keep the fund balance in mind as
it continues to review potential projects. Finance Officer McFarland commented the
transfer of $800,000 to the CRF would draw down the General fund balance below the
30% reserves in the future. The Board discussed the competing demands including the
MPEC, streets, performing arts theater, and Elkhorn Adventure park.
TOWN OWNED PROPERTY
Town Administrator Halburnt stated a review of the current Town owned parcels was
developed by staff to begin discussions on use of the properties and whether the
property should be held by the Town, should the Town be landlords, should air space
be sold above existing parking lots for development, and should property be sold and
returned to the property rolls. Discussions followed and are summarized: a large
percentage of the property is held for government purposes; selling parcels of land
would not be advisable during the current economy; questioned the use of the word
open space and suggested the use of the word vacant; property descriptions should be
reviewed for accuracy; questioned owning employee housing; requested additional
information on lot size and zoning for each property; and questioned if Town owned
property could be sold to pay for upcoming projects.
Attorney White reviewed the state statutes as they relate to the sale of Town owned
property, stating property used for public utilities, parks, buildings or any other
governmental purpose would need to go to a vote in order to sell the property. Other
items such as parking lots would not need to go to a vote. There are a number of
properties acquired by the Town for utility uses that have been abandoned, such as the
fish hatchery property; therefore, it is unclear if the property could be sold without a
vote. Conservation easements can only be transferred to a quasi-judicial entity and
deed restricted land cannot be transferred or sold.
Town Administrator Halburnt commented employee housing is an important recruiting
tool in a resort community. Trustee Miller agreed and stated the Town sets an example
to other entities in town by providing needed housing for employees.
After further discussion the Board requested staff provide a list of the properties that
would have the highest use and value for the further review at an upcoming study
session.
RECORD OF PROCEEDINGS
Town Board Study Session — March 22, 2011 — Page 2
FUTURE AGENDA ITEMS.
Town Administrator Halburnt stated Kathay Rennels continues to work on setting up a
meeting with the Estes Valley Partners for Commerce. A draft policy has been
completed for the volunteer background checks and could be ready for review by the
next study session. The Boards last opportunity to review the regional tourism
application (Elkhorn Adventure) would be the second meeting in April.
Trustee Blackhurst voiced concern that the Elkhorn group understands the Town's
position on the purchase of land and the development of a performing arts complex.
Administrator Halburnt stated staff and Attorney White have a meeting arranged to
further discuss the issues.
There being no further business, Mayor Pinkham adjourned the meeting at 6:37 p.m.
Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, March 24, 2011
Minutes of a meeting of the COMMUNITY DEVELOPMENT / COMMUNITY
SERVICES COMMITTEE of the Town of Estes Park, Larimer County,
Colorado. Meeting held in Town Hall in said Town of Estes Park on the
24th day of March 2011.
Committee: Chair Levine, Trustees Elrod and Miller
Attending: All
Also Attending: Town Administrator Halburnt, Directors Chilcott and
Kilsdonk, Managers Mitchell and Winslow and Town Clerk
Williamson
Absent: Deputy Town Administrator Richardson
Chair Levine called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
Rooftop Rodeo Committee Membership.
The Committee has requested the Town Board approve the new membership of Cindy
Bartush, Paul Bartush, Ken Wenzel and Laurie Wenzel, all of whom have met the
requirements set forth in the bylaws of the committee. The membership has been
approved by the Board in October of each year; however, approval of the new members
at this time would allow them to participate in the upcoming rodeo season for 2011.
The Committee recommended approval of the new members to the Rooftop
Rodeo Committee as outlined above as a Consent agenda item on April 12, 2011.
Reports.
Reports provided for informational purposes and made a part of the proceedings.
• Fairgrounds/Event Report.
• Lions Club Fairgrounds Concession.
• Senior Center Quarterly Report.
Manager Winslow stated the Westernaires are returning to Estes Park after a 10 year
hiatus. Previously the group had been in Estes Park for 39 consecutive years.
Grandstand Concession Stand Lease.
Staff met with the Lions Club to discuss requested changes to the concession stand
lease, including additional air conditioning, ice machine venting, beer storage enclosure,
separation of electrical outlets, picnic table replacement, concession stand operating
hours during Hunter Jumpers, expansion of exclusive service area, and reduction in rent
from 12% to 8% with no charge for utilities. Staff recommended the ice machine
venting be addressed to mitigate the air conditioning concern, complete the storage
area enclosure, replacement of two picnic benches per year for the next five years and
upgrading the electrical outlet at a cost of $3,300 to the maintenance budget. Staff
further recommends the operating hours during the Hunter Jumper show be negotiated
with the Lions Club; the service area should not be expanded at this time because it
would limit the Town's ability to generate revenues during other events; and to maintain
the 12% gross rent (industry standard is gross percentage) in order to recover cost
associated with the concession stand. The estimated revenue and expenses for 2011
illustrate the Town would be subsidizing the stand at approximately $4,900 including
upgrades to the stand in the amount of $3,300. The current agreement does not
RECORD OF PROCEEDINGS
Community Development — March 24, 2011 — Page 2
include a maintenance agreement that is typically negotiated with other
concessionaires.
The Committee discussed the need for the Town to recover cost; however, a charitable
local entity, which uses funds raised to benefit the community, should not be penalized.
They requested staff review a reduction of the rental fee including net figures or a
compromise of 10% gross. The Committee agreed the Town should continue to pay for
the utilities at the stands. After further discussion, the Committee requested staff
discuss alternatives and bring a recommendation forward to the Town Board for
consideration.
Manager Mitchell stated the Senior Center has experienced overwhelming response to
the centers programming. The Senior Center Inc. has raised approximately $8,400
through their winter fundraiser to repaint the lobby, purchase new furniture and the
purchase of equipment including a television and games.
COMMUNITY DEVELOPMENT.
Reports.
Reports provided for informational purposes and made a part of the proceedings.
• Sign Code Amendments.
• Community Development Financial.
• Monthly Building Permit Summary.
Sign Code.
Director Chilcott stated staff recommends a review of the illumination standards
approved with the adoption of the new sign code standards in November 2010. The
current code allows an illuminated or LED sign up to 200 square feet. The Sign Code
Task force discussed the need to include the technology; however, they did not discuss
the size of the signs to be allowed. Attorney White has recommended a moratorium on
the larger LED signs with a maximum sign size to allow for the reviewed of potential
code revisions.
The Committee discussed the type and size of signs that would be allowed with the
current sign code, the size of signs that should be allowed during a moratorium, and the
length of a moratorium. Staff would recommend a 10 square foot limit. After further
discussion, the Committee requested staff present a moratorium at the next Town
Board meeting with a limit of 10 square feet with the moratorium expiring at the
end of September. Staff would develop recommendations for the Committee to review
at the May CDCS meeting.
Johanna Darden/Town citizen stated the website Zink listed in the sign code handbook
does not provide access to the sign code and should be fix to provide citizens with
direct access to the new code.
The Community Development department continues to review and update the reports to
provide usable data to the Committee. Trustee Elrod stated the building permit
summary does not address completed units per year versus the number of permits
issued. Staff would include the number of Certificates of Occupancy certificates issued
each year.
There being no further business, Chair Levine adjourned the meeting at 9:15 a.m.
Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
March 1, 2011, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck
Levine, and Pete Smith; Alternate Member Jeff Moreau
Attending: Vice -Chair McCreery, Lynch, Levine, Smith, Moreau
Also Attending: Interim Director Chilcott, Planner Shirk, and Recording Secretary
Thompson
Absent: Chair Newsom
Vice -Chair McCreery called the meeting to order at 9:00 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the February 1, 2011 meeting.
It was moved and seconded (Levine/Smith) to approve the minutes as presented
and the motion passed unanimously with one absent.
3. LOT 15, WINDCLIFF ESTATES, 3RD FILING, TBD EAGLECLIFF DRIVE
Planner Shirk reviewed the staff report. The applicant requests a variance to Table 4-2
"Base Density and Dimensional Standards" of the Estes Valley Development Code to
allow a front yard setback of 10-feet in lieu of the 25-foot setback required to build a new
detached single family dwelling unit. The Windcliff Property Owners Association
Architectural Control Committee submitted a letter of support for this request; Planning
Division staff has not received any other neighborhood correspondence regarding this
matter. The lot is typical for a Windcliff lot: steeply sloping away from the road, long and
narrow in shape, with access from above. The variance is intended to keep the dwelling
as close to the road as possible in order to minimize site disturbance. Side yard setbacks
would be met, thus assuring adequate separation between houses. The site plan
indicates some grading work within the platted right-of-way. Staff suggests this variance
request is similar to others granted in the Windcliff subdivision, and will minimize overall
site disturbance without compromising the purpose and intent of the development code.
Planner Shirk stated the Larimer County Engineering Department deferred to the Windcliff
road maintenance crew concerning the proposed driveway and turning key, who had no
negative comments concerning the variance.
Planner Shirk stated there was an existing drainage culvert. When Eaglecliff Drive was
constructed, the historic drainage was rerouted; therefore, there should not be any
specific stormwater management problems that could not be addressed with the
construction plans.
Staff recommended approval with two conditions.
Public Comment
Steve Nickel/Applicant stated complying with the setbacks would probably double the
slope of the driveway and result in increased site disturbance. Another option was a three
and one-half story house, which could have resulted in a height variance request. The
proposed driveway will have a six to seven percent slope.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
March 1, 2011
Staff and Member Discussion
Chair McCreery stated variances are common in Windcliff Estates, and commended staff
for their thorough staff report. Member Levine thanked Mr. Nickel for staking the property
adequately, which made the site visit easier. Planner Shirk added that variance requests
in Windcliff Estates are very common. One of the biggest concerns in that area is the
ability to maintain space between the adjacent structures.
Conditions:
1. Compliance with the site plan and building design as approved by the Board of
Adjustment;
2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to
the Community Development Department a signed and stamped certificate that
specifically verifies that the structure complies with the approved variance, and
shall include a specific reference to the distance to property lines. Staff
recommends a surveyor set survey stakes for foundation forms to ensure
compliance with the approved variance.
It was moved and seconded (Levine/Moreau) to approve the variance request for Lot
15, Windcliff Estates 3`d filing, with the findings and conditions recommended by staff
and the motion passed unanimously with one absent.
4. REPORTS
The recently formed Creative Sign Design Review Board will be meeting at 10:30 a.m. on
March 1, 2011, to review a height variance for a sign at the Rocky Mountain Park Inn.
There being no further business, Vice -Chair McCreery adjourned the meeting at 9:17
a.m.
Bob McCreery, Vice -Chair
Karen Thompson, Recording Secretary
Elkhorn Project Report
Estes Park Board of Trustees
April 12, 2011
Submitted by Elkhorn Project, Inc.
In preparation for our report to the board of Trustees on April 12, 2011, we are providing
the Board of Trustees and staff with the following materials:
A copy of the Amended and Restated Articles of Incorporation of Elkhorn
Project, Inc.
2. A draft copy of the description of the participants in the project as required by
the RTA Guidelines. This will be included in the RTA application but is
subject to revision.
A draft copy of the description of backgrounds of the officers and directors of
Elkhorn Project, Inc. This will be included in the RTA application but is
subject to revision.
4. A draft copy of the description of expected contributions to the project from
each of the participants as required by the RTA Guidelines. This will be
included in the RTA application but is subject to revision.
S. A copy of the Company Brochure of SE Group, Inc., the planning and design
firm that is assisting us with the design, costing and economic impact analysis
needed for the RTA application.
Numerous additional materials are in the process of being prepared for the RTA
application but are not ready for distribution at this time.
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit NrA:w.sos.state.co_us and
select Business.
Colorado Secretary of State
Date and Time: 02/17/2011 11:53 AM
ID Number: 20111043162
$25.00 Document number: 20111098065
Amount Paid: $25.00
ABOVE SPACE FOR OFFICE USE ONLY
Amended and Restated Articles of Incorporation
filed pursuant to §7-90-301, et seq. and §7-130-106 and §7-90-304.5 of the Colorado Revised Statutes (C.R.S.)
ID number:
20111043162
1. Entity name: Elkhorn Project, Inc.
2. New Entity name:
(if applicable)
3. Use of Restricted Words (fany of these
terms are contained in an entity name, true
nine of an entity. trade name or trademark
stated in this document, mark the applicable
box).
4. If the corporation's period of duration
as amended is less than perpetual, state
the date on which the period of duration
expires:
(lfchanging the name of the corporation, indicate name BEFORE the name change)
❑ "hank" or "trust" or any derivative thereof
❑ "credit union" ❑ "savings and loan"
❑ "insurance", "casualty", "mutual", or "surety"
(tam/dd/yyyy)
OR
If the corporation's period of duration as amended is perpetual, mark this box:
5. The amended and restated constituent filed document is attached.
6. The amendment to the articles of incorporation was in the manner indicated below:
(make the applicable selection)
❑✓ The amendment and restatement was adopted by the board of directors or incorporators without
member action and member action was not required.
❑ The amendment and restatement was adopted by the members AND the number of votes cast for
the amendment by each voting group entitled to vote separately on the amendment was sufficient
for approval by that voting group.
(If the amended and restated articles of incorporation include amendments adopted on a different date or in a different manner, stark this
box ❑ and include an attachment stating the date and manner of adoption.)
7. (Optional) Delayed effective date:
AMDRST NPC
(mm/dd/yyyv)
Page 1 of 2 Rev. 5/0112010
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
8. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing: Coffman Gregg H
(Last) (First) (Middles (Suffix)
501 St. Vrain Lane and
number Office Box number)
Estes Park CO 80517
(City) .(State) (Postal/Zip Code)
United States
(Province - if applicable) (Country - if not US)
(The docutnent need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing. mark this box a and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
AMDRST NPC
Page 2 of 2 Rev. 5/O 1/2010
ATTACHMENT TO THE
AMENDED AND RESTATED
ARTICLES OF INCORPORATION
ELKHORN PROJECT, INC.
A COLORADO NON-PROFIT CORPORATION
February 15, 2011
ARTICLE I
Incorporators
The Incorporators of this corporation are:
Gregg H. Coffman
501 St. \Train Lane, Ste. 200
Estes Park, CO 80517
Frank Theiss
441 Chiquita Lane
P.O. Box 416
Estes Park, CO 80517
ARTICLE II
Purpose and Powers
The objectives and purposes for which this corporation is formed are as follows:
I . The corporation is organized exclusively for the charitable purpose of lessening
the burdens of the government of the Town of Estes Park, Colorado and any other
local governmental subdivision of the State of Colorado which includes the Town
of Estes Park, Colorado within its boundaries (hereinafter the "Town"). In
furtherance of this purpose, the corporation will conduct organizational and fund
raising activities for the purpose of developing, supporting and maintaining a
regional tourism project to be located in Estes Park, Colorado. The burdens of
government of the Town will be lessened by the activities of the corporation
through the corporation's assumption of significant economic development
responsibilities of the Town (both financial and managerial) in connection with
this project and through increased tax revenues to be received by the Town from
this project.
2. To receive gifts. legacies and donations from any source.
3. To make gifts and appropriations from any and all of its resources from time to
time to carry out the stated objcctivcs and purposes of this corporation.
4. To exercise all such power and authority as may be necessary to realize the
objcctivcs and purposes above specified.
5. To receive, maintain and accept as assets of the corporation, any property, whether
real, personal, or rnixed, by way of gift, bequest, devise or purchase from any
person, firm, trust, or corporation to be held, administered, and disposed of
exclusively for charitable; religious, educational, and scientific purposes within
the meaning of Section 501(c)(3) of the Internal Revenue Code. as amended, and
in accordance with and pursuant to the provisions of these Articles of
Incorporation.
6. The corporation also shall have and may exercise all of the rights, powers and
privileges now or hereafter conferred upon corporation organized under the laws
of the State of Colorado. In addition, thc corporation may do everything
necessary, suitable or proper for the accomplishment of any of its corporate
purposes. The corporation may conduct part or all of its business in any other part
of Colorado, or the United States or the World and may hold, purchase, mortgage,
lease and convey real and personal property in any of such places.
7. The powers and activities of the corporation shall be limited as follows:
a. No part of the net earnings of the corporation shall enure to the benefit of, or be
distributable to any of its trustees, directors, officers, or other private persons,
except that the corporation shall be authorized and empowered to pay reasonable
compensation for services rendered and to make payments and distributions in
furtherance of the purposes set forth in these Articles of Incorporation. No
substantial part of the activities of the corporation shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and the corporation
shall not participate in, or intervene in any political campaign on behalf of or in
opposition to any candidate for public office.
b. Anything contained in these Articles of Incorporation to the contrary
notwithstanding, the corporation shall not carry on or otherwise engage in any
activities not permitted to be carried on or engaged in by:
i. A corporation exempt from federal income tax under Section 501(c)(3)
of the Internal Revenue Code as amended, or any corresponding section of any
future tax code;
ii. A corporation, contributions to which are deductible under Section
170(c)(2) of the Internal Revenue Code, as amended, or any corresponding section
of any future tax code; or,
iii. A corporation organized and existing under the Colorado Revised
Non -Profit Corporation Act.
8. In the event of the dissolution and liquidation of this corporation, to the extent
allowed or permitted under applicable laws, the property and assets of the
corporation shall be, as determined by the Board of Directors, distributed to or
sold and the proceeds of such sale distributed exclusively to the Town or such
other organization(s) organized and operating exclusively for religious, charitable,
scientific, education, or other purposes permitted by Section 501(c)(3) of the
Internal Revenue Code, as amended, as may be designated by the Town, in each
instance subject to the debts and contractual, leasehold and other obligations of
the corporation. In the event that any assets are not disposed of in accordance with
the provisions of these Articles of Incorporation or if the corporation shall fail to
act within a reasonable time in the manner provided for in these Articles of
Incorporation, the District Court of Larimer County, Colorado shall, upon
application of one or more persons having a real interest in the corporation or its
assets, make such distribution(s) as provided for in these Articles of
Incorporation.
ARTICLE II
Indemnification
The corporation shall indemnify, to the extent permitted by the Colorado Revised Non -
Profit Corporation Act, any person who is or was a director, officer, agent, fiduciary or employee
of the corporation against any claim, liability or expense arising against or incurred by such
person as a result of actions reasonably taken by him at the direction of the corporation. The
corporation shall further have the authority, to the full extent permitted by the Colorado Revised
Non -Profit Corporation Act, to indemnify its directors, officers, agents, fiduciaries and
employees against any claim, liability or expense arising against or incurred by them in all other
circumstances, and to maintain insurance providing such indemnification.
ARTICLE TIT
Personal Liability of Directors
No director of this corporation shall have any personal liability for monetary damages to
the corporation for breach of his fiduciary duty as a director, except that this provision shall not
eliminate or limit the liability of a director to the corporation for monetary damages for:
i. Any breach of the director's duty of loyalty to the corporation,
ii. Acts or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law,
iii. Any transaction from which the director derives an improper personal benefit.
ARTICLE IV
Board of Directors
The following provisions shall apply to the Board of Directors of the Corporation:
A. The number of directors of the corporation shall be fixed by the Bylaws, and shall
not be less than three, nor more than the maximum number permitted by the
Colorado Revised Non -Profit Corporation Act, as amended.
B. The Board of Directors shall have all powers conferred upon it pursuant to the
Colorado Revised Non -Profit Corporation Act. In addition, and not in limitation
of the foregoing, the Board of Directors shall have the power to make such
reasonable regulations for the operation of the corporation as the Board, in its
discretion, deems advisable.
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
Estes Park's Elkhorn Regional Tourism Project
Identification and Background of Participants
Town of Estes Park (the "Applicant")
Estes Park, Colorado is located 70 miles northwest of Denver at the eastern entrance to
Rocky Mountain National Park. The Town of Estes Park was incorporated April 7, 1917. In
2009 it had a population of 6,555 with an additional 4,705 living in the unincorporated area
of the Estes Valley. For most of its history, it has been a vacation and recreation destination.
The vast majority of the 3,000,000 visitors each year come to the area in the months between
May and September. As a result, many businesses fail and many others shutdown
completely during the winter months and residents find it difficult to find year -around work.
The 150 lodging establishments within the area offer a total of 2,950 rooms but they see
occupancy percentages in the high 90s in the summer and only in the high teens in the winter.
Estes Park Tourism Authority (the "Estes Park Tourism Authority")
A regional tourism authority will be created under the Regional Tourism Act for the purpose
of serving as the Financing Entity for Estes Park's Elkhorn Project. The geographic
boundaries of the Estes Park Tourism Authority will be co -extensive with city limits of the
Town of Estes Park as such may change during the duration of the authority. The authority
and responsibilities of the Estes Park Tourism Authority will be limited to those necessary or
convenient to carry out this purpose including but not limited to those specified in the
Regional Tourism Act. The Estes Park Tourism Authority will not have the power of
eminent domain or to condemn property. The Estes Park Tourism Authority will not have
the power to impose or levy any sales tax, use tax, property tax or any other tax, but will have
the authority to receive State Sales Tax Increment Revenue as provided under the Act. The
Estes Park Tourism Authority will have the authority to borrow money and incur
indebtedness and to issue bonds. The Estes Park Tourism Authority will disburse all funds to
EPI as they become available for distribution for use by EPI in the development of the
facilities of the Elkhorn Project. The Estes Park Tourism Authority will ensure that all
disbursed funds are spent by EPI on Eligible Costs and the development of Eligible
Improvements within the scope of Estes Park's Elkhorn Project, but the Estes Park Tourism
Authority will not be responsible for determining the specific allocation or timing of
expenditures that are appropriate under the Act.
The Estes Park Tourism Authority will be governed by a board consisting of five members
appointed for three year terms (with the term of one member of the initial board expiring
April 30, 2012, the terms of two members of the initial board expiring April 30, 2013 and the
terms of the final two members of the initial board expiring April 30, 2014). The Mayor of
the Town of Estes Park shall serve as a member of the governing board and shall serve as its
initial chair. His term on the goveming board shall expire on April 30, 2012. Two members
of the governing board (one appointed for an initial term of two years and one appointed for
an initial term of three years) will be owners of commercial property located within the Town
of Estes Park and will be appointed by the Colorado Economic Development Commission.
The remaining two members of the governing board shall be appointed by the Mayor of the
RTA Application — Tab 2B Page 1 of 4
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further. Revision
Town of Estes Park to represent the Estes Valley community at large. The Applicant's
recommendations for members of the initial board of the Estes Park Tourism Authority are
set forth an attachment included at Tab 12B in this application.
Elkhorn Project, Inc. ("EPP')
EPI is a non-profit corporation organized January 21, 2011 under the laws of Colorado
exclusively for the charitable purpose of lessening the burdens of government of the
Applicant and the Estes Park Tourism Authority with respect to Estes Park's Elkhom Project.
EPI has a volunteer board of directors with extensive experience in historic renovation, the
ski industry, finance, real estate, tourism and legal matters as described in greater detail in an
attachment included at Tab 12C to this application. EPI has retained SE Group, Inc., a
worldwide leader in the design and planning of ski areas and resorts to assist EPI in its
development of Estes Park's Elkhorn Project.
EPI will receive funds from the Estes Park Tourism Authority as they become available for
distribution and will use these funds to pay Eligible Costs of Eligible Improvements as
contemplated by Estes Park's Elkhom Project. EPI has the sole responsibility for determining
the timing of all expenditures in the development of Estes Park's Elkhorn Project. EPI will
periodically report back to the Estes Park Tourism Authority with respect to its use of these
funds.
EPI has entered into a contract to purchase the approximately 66 acres of property, including
the historic Elkhorn Lodge and related historic buildings, on which Estes Park's Elkhorn
Project will be located (the "Elkhorn Lodge Property"). EPI will serve as the developer of
the property. As such it will select the operators of the various facilities included in the
project and coordinate their development of those facilities. In this manner, EPI will relieve
both the Applicant and the Estes Park Tourism Authority of these burdens and
responsibilities.
It is expected that EPI will continue to own the property and act as long-term property
manager by entering into ground leases with the various operators of the facilities included in
the project. These ground leases will be long-term arrangements with options for the
operators to renew. Upon the expiration or termination of any ground lease, all
improvements to the property will revert to EPI as landlord. EPI reserves the right to
subdivide and sell parcels of the property if doing so is necessary or would advance the
development of the facilities included in Estes Park's Elkhorn Project.
EPI has entered into a letter of intent with SOPA with respect to the construction and
operation of the Estes Park Performing Arts Center as part of Estes Park's Elkhom Project on
the Elkhorn Lodge Property
EPI's Restated Articles of Incorporation provide that upon the dissolution and liquidation of
EPI, its property and assets be distributed to or sold and the proceeds of such sale distributed
to the Town of Estes Park or to another non-profit corporation as designated by the
Applicant.
Operator of Elkhorn Lod2e (to be identified) ("Lodge Operator")
A for -profit private operator will be engaged to operate the Elkhom Lodge after its
renovation is completed and to construct and operate the adjacent new hotel wing that
RTA Application — Tab 2B Page 2 of 4
April 7, 201.1 Draft for Discussion Purposes Only
Subject to Further Revision
provides additional lodging rooms, retail facilities and parking to Estes Park's Elkhorn
Project.
Neither the Applicant, nor the Estes Park Tourism Authority nor EPI will be directly
involved in operating these facilities. The terms of the ground lease between EPI and the
Lodge Operator will include provisions to ensure that the lodging facilities are operated in a
manner consistent with the expectations of the Applicant; i.e. preservation of the historic
qualities of the Elkhorn Lodge and inclusion of the Applicant, the Estes Park Tourism
Authority and EPI as additional insureds in appropriate liability insurance.
The Lodge Operator has not yet been identified but EPI believes that it will be able to choose
from an extensive list of experienced operators that are expected to have an interest in
operating the facility.
Operator of Ski/Adventure Park (to be identified) ("Park Operator")
A for -profit private operator will be engaged to construct and operate the ski/adventure park
facilities included in Estes Park's Elkhorn Project. These year-round facilities would serve
as an additional attraction to serve the recreational needs of summer visitors to Estes Park
with a zip -line, mountain biking, an alpine coaster and tubing hill. Of even greater
importance to the economic well-being of Estes Park, this facility would offer winter
activities including the alpine coaster, a tubing hill, a beginning ski slope and ski school and
a chair lift offering beginner and intermediate skiing. The emphasis of the ski area will be
families and entry level skiers and snowboarders.
Neither the Applicant, nor the Estes Park Tourism Authority nor EPI will be directly
involved in operating these facilities. The terms of the ground lease between EPI and the
Park Operator will include provisions to ensure that the ski/adventure park are operated in a
manner consistent with the expectations of the Applicant; i.e. no night skiing, year-round
operation and inclusion of the Applicant, the Estes Park Tourism Authority and EPI as
additional insureds in appropriate liability insurance. The Park Operator and the Applicant
will also enter into a lease which allows the Park Operator to lease water for snow making
from the Town of Estes Park at market rates.
The Park Operator has not yet been identified but EPI's consultant, SE Group, Inc. and the
National Association of Ski Areas have identified an extensive list of experienced operators
that are expected to have an interest in operating the facility.
Supporters of the Performing Arts ("SOPA")
SOPA is a non-profit corporation organized September 22, 2006 under the laws of Colorado
exclusively for the charitable purpose of constructing and operating a performing arts center
in the town of Estes Park, Colorado.
The town of Estes Park, Colorado has a strong arts community scattered throughout
numerous inadequate facilities. For many years, various organizations have looked for a
location in which to build an adequate indoor performing arts center. SOPA has designed a
building that the Applicant agreed to help support and locate on a portion of the Stanley Park
Fairgrounds at the eastem end of the town owned by the Applicant. SOPA, EPI and the
Applicant have agreed to consider relocating the Estes Park Performing Arts Center to the
Elkhorn Lodge Property.
RTA Application — Tab 2B Page 3 of 4
April 7, 20t t Draft for Discussion Purposes Only
Subject to Further Revision
SOPA has been engaged in raising funds for the construction of this performing arts center
for a number of years and anticipate that they will be prepared to break ground on the facility
in 2012. Inclusion of the Estes Park Performing Arts Center in Estes Park's Elkhom Project
will further invigorate these fund raising efforts.
Elkhorn Lodge Living History Operator (to be identified) ("Heritage Operator")
A non-profit or for -profit private operator will be engaged to construct and operate a museum
and other structures and activities providing a living history experience based upon the
history of Estes Park and the Elkhorn Lodge. The Heritage Operator may also manage the
restoration and operation of the historic buildings on the Elkhorn property (other than the
Elkhorn Lodge itself) in a manner that both honors and brings to life the history and heritage
of the area.
The Heritage Operator has not yet been identified but EPI intends to enter into discussions
various local operators of museums, local Estes Park non-profit organizations dedicated to
historic preservation and operators of living heritage parks nationwide.
RTA Application — Tab 2B Page 4 of 4
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
Estes Park's Elkhorn Regional Tourism Project
Board of Directors and Officers of Elkhorn Project, Inc.
(a Colorado non-profit corporation)
Frank Theis President and Director
Mr. Theis's responsibilities for the corporation include project design with particular emphasis on the
restoration of the Elkhorn Lodge. His qualifications include over 30 years of experience in planning,
design, construction and real estate development. His background includes:
President CMS Planning & Development, Inc. (a planning consultant firm in Estes Park whose
clients include the Estes Valley Recreation & Parks District)
Developer of The Meadow townhome development in Estes Park
Former owner and developer of the Mary's Lake Lodge in Estes Park a historic structure that
required extensive restoration
Todd Jirsa Vice -President and Director
Mr. Jirsa's responsibilities for the corporation include project design with particular emphasis on the
ski/adventure park /ski area portion of the project. His qualifications include an extensive
background in outdoor sports and governmental organizations. His background includes:
Secretary/Treasurer, Village Goldsmith, Inc. (a retail business in Estes Park)
President, Board of Education, Park School District R-3
Former Board Member, Centennial Board of Cooperative Education Services
Former President, Colorado Wilderness Sports, Inc. (a retail business in Estes Park)
He has been involved in his family's operation of the Sundown Mountain ski area in Iowa
Curt Gleaves Secretary, Treasurer and Director
Mr. Gleaves' responsibilities for the corporation include financial record keeping. His qualifications
include extensive experience in corporate finance and non-profit management. His background
includes:
President, Chapin Financial Management (a financial consulting firm in Estes Park)
Former Partner (practice concentrated on corporate finance) and Chief Financial Officer, Foster
Pepper LLP (a law firm in Portland)
Former Director and Treasurer, Children's Trust Fund of Oregon (a grant making foundation
organized by the State of Oregon that later became an independent non-profit)
Former Director and Treasurer, Trilliwn Family Services (the largest provider of mental health
services to children in Oregon)
Alpine ski racing official at the 2002 Olympics in Salt Lake and world cup ski races
Kimberly Campbell Director
Ms. Campbell's responsibilities for the corporation include managing its communication and public
outreach activities. Her qualifications include extensive experience in real estate management,
investment banking and event management. Her background includes:
Owner/General Manager, Boulder Brook on Fall River (a boutique hotel in Estes Park)
Former Director of Operations & Chief Compliance Officer, MDB Capital Group (an investment
bank in Santa Monica)
Former Leasing and Sales Manager, Tooley & Company, a Trammell Crow Company
(commercial office leasing and high rise building sales in Orange County, California)
Former Event Management Professional consultant to 1994 World Cup Soccer, 1996 Olympics in
Atlanta and 2002 Olympics in Sydney
Gregg Coffman Director
Mr. Coffman's responsibilities for the corporation include legal and real estate matters. His
qualifications include 20 years as an attorney in Estes Park with a practice focused on real estate,
business and tax matters.
RTA Application — Tab 12C
Page 1 of 1
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
Estes Park's Elkhorn Regional Tourism Project
Contributions from Participants
Town of Estes Park ("Applicant")
The Applicant will contribute to Estes Park's Elkhom Project through support of the to -be -
formed regional tourism authority (the "Estes Park Tourism Authority"), the Elkhom Project,
Inc. ("EPI"), and Supporters of the Performing Arts ("SOPA").
Contributions to the Estes Park Tourism Authority. The Applicant will provide legal and
accounting support to the Estes Park Tourism Authority, once formed.
Contributions to SOPA. The Applicant and SOPA are parties to a Memorandum of
Understanding revised as of April 28, 2009 (the "SOPA MOU"). Under the SOPA MOU,
the Applicant had agreed to provide land on the southeast portion of the Stanley. Park
Fairgrounds (east of downtown) as a site for the Estes Park Performing Arts Center. The
Applicant had also agreed to provide all necessary site preparation for the construction of the
building at this site. The Applicant and SOPA have agreed to consider that if the Estes Park
Performing Arts Center is relocated to the Elkhorn Lodge Property that the $1,200,000 of
expected costs of such site preparation will be transferred to major utility work, a parking
structure and other infrastructure improvements attributable to the development of the Estes
Park Performing Arts Center on the Elkhom Lodge Property.
In April 2002, a non-profit corporation organized for the purposes renovation of the Stanley
Hall into a performing arts center dissolved and liquidated. The non -profit's net assets were
transferred to the Applicant where they have been held in a segregated Theater Fund for the
purpose of eventually being used for the construction of a performing arts center in Estes
Park. Today, the Theater Fund has a balance of approximately $450,000. Provided that
SOPA has begun construction of the Estes Park Performing Arts Center by May 9, 2014, the
Applicant will consider releasing these funds to partially fund the construction costs of
building the Estes Park Performing Arts Center.
The SOPA MOU also provides that the Applicant will underwrite up to $217,000 of
operating loses that may be sustained by SOPA in at least the initial years of its operations.
If the Applicant and SOPA agree to relocate the Estes Park Performing Arts Center to the
Elkhorn Lodge Property, this underwriting commitment will continue to apply to SOPA's
operation of the Estes Park Performing Arts Center as part of Estes Park's Elkhorn Project.
Contributions to EPI. The Applicant expects to grant to EPI an easement to use a portion of
a one acre parcel of real property immediately to the west of the Elkhorn Lodge Property to
the extent that use of that parcel is necessary as a portion of the ski runs and tubing runs that
are included within the Ski/Adventure Park portion of Estes Park's Elkhorn Project.
The Applicant has water rights which are fully consumable and may be used for snowmaking
for the ski area portion of Estes Park's Elkhorn Project. The Applicant will consider leasing
these water rights to the Park Operator for a yearly lease payment reflecting the value of the
water rights, yearly charges for use of the water and administrative costs. The lease may be
contingent upon Water Court approval, if necessary.
RTA Application — Tab 2d
Page 1 of 5
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
Contributions to Eligible Costs through EPI.
The Applicant will consider the following direct financial assistance to Estes Park's Elkhorn
Project if the project is approved by the Commission as a funded Regional Tourism Project:
Only one of the following alternatives will be included in the final application based upon
which alternative is preferred by the Trustees
Alternative 1
The Applicant will loan EPI $7,500,000. This loan will be secured by a first
deed of trust on the Elkhorn Lodge Property. The loan will require EPI to
make quarterly payments of interest at a rate of 3% per annum and annual
repayments of principal in the amount of $1,500,000 beginning December 31,
2017.
Alternative 2
i. The Applicant will loan EPI, $3,500,000. This loan will be secured by a
subordinated deed of trust on the Elkhorn Lodge Property. The loan will
require EPI to make quarterly payments of interest at a rate of 3% per annum
and annual repayments of principal in the amount of $700,000 beginning
December 31, 2017.
ii. The Applicant will install all necessary or appropriate electric and water
infrastructure improvements to the Elkhorn Lodge Property even if the cost of
such infrastructure improvements is in excess of the $1,200,000 expected cost
of the site improvement commitment contained in the SOPA MOU.
Alternative 3
i. The Applicant will purchase from EPI the parcel on which the Estes Park
Performing Arts Center will be located for a purchase price of $2,500,000 to
be paid no later than March 31, 2012.
ii. The Applicant will install all necessary or appropriate electric and water
mains to the Elkhom Property Project even if the cost of such infrastructure
improvements is in excess of the $1,200,000 expected cost of the site
improvement commitment contained in the SOPA MOU.
iii. The Applicant will commit to manage and fund as needed or as funds become
available to the Applicant street improvements for Elkhorn Avenue, the
extension of the riverwalk from downtown through the Elkhorn Lodge
Property and the extension of downtown streetscape improvements from
downtown to the eastern border of the Elkhom Lodge Property and to
maintain the extended riverwalk and streetscape improvements.
The Applicant states to the Commission that the contributions referred to in this Application
as being provided by the Applicant have not been included in the current budget for the
Applicant. The Applicant has not and cannot commit to such expenditures unless and until
they are approved pursuant to the Applicant's budgetary process and resolutions/ordinances
approved by the Board of Trustees of the Applicant. The Applicant's obligations under this
application are subject to the Applicant's annual right to budget and appropriate the sums
necessary to provide the contributions set forth herein. No provision of this application can
or should constitute a mandatory charge or requirement in any ensuring fiscal year direct or
RTA Application — Tab 2d
Page 2 of 5
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
indirect debt or other financial obligation of the Applicant within the meaning of any
constitutional or statutory debt limitation. Nothing contained in this application shall directly
or indirectly obligate the Applicant to make any payments beyond those appropriated for in
the Applicant's then current fiscal year. Also, any of the contributions may require written
agreements between the Applicant and third parties which agreements must be approved by
the Board of Trustees of the Applicant.
Estes Park Tourism Authority ("Estes Park Tourism Authority")
The Estes Park Tourism Authority will receive 100% of the State Sales Tax Increment
Revenue collected within the designated Regional Tourism Zone (the city limits of the Town
of Estes Park) for a period of not more than 30 years or such lesser period during which the
aggregate State Sales Tax Increment Revenue received by the Estes Park Tourism Authority
reaches $25,000,000. Whether or not the Estes Park Tourism Authority will exercise its
authority to borrow money and incur indebtedness and to issue bonds will depend upon the
availability and timing of the funding expected from other sources, as discussed in the
Proposed Financing Terms section of this Application. The Estes Park Tourism Authority
will disburse all funds to EPI as they are received and become available for distribution and
as EPI incurs Eligible Costs in the development of the facilities of Estes Park's Elkhom
Project.
Elkhorn Project, Inc. ("EPP')
EPI has already entered into a contract to purchase the approximately 66 acres of property,
including the historic Elkhorn Lodge and related historic buildings, on which Estes Park's
Elkhorn Project will be primarily located. EPI will complete this purchase immediately upon
being notified that the Applicant's application for funding under the Regional Tourism Act
has been approved by the Colorado Economic Development Commission.
EPI will serve as the long-term property manager for the facilities and common area included
in Estes Park's Elkhorn Project and, as such, will oversee the development of the Facilities.
EPI will receive funds as they are disbursed by the Estes Park Tourism Authority and
periodically report back to the Estes Park Tourism Authority on the use of these funds for
Eligible Costs of Eligible Improvements as contemplated by Estes Park's Elkhorn Project.
EPI's books and records will be made available upon the request of the Estes Park Tourism
Authority for review or audit. EPI's activities will be handled by members of EPI's
volunteer Board of Directors and various committees of the Board that include members of
the Local community.
EPI, as a non-profit corporation, will also solicit donations, grants and bequests from
individuals, local businesses and foundations interested in supporting Estes Park's Elkhorn
Project and its commitment to economic stabilization and historic preservation. Over the
next five years, EPI expects to raise in excess of $365,000 in contributions and from
fundraising events. These funds will be used to pay administrative and general expenses of
the development and management of the project including the cost of consultants.
EPI may borrow funds as needed for payment of the purchase price of the Elkhorn Lodge
Property or the development of the facilities included in Estes Park's Elkhorn Project. EPI is
currently in negotiation with a number of lending sources for such funds. If loans from these
RTA Application — Tab 2d
Page 3 of 5
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
sources can be obtained, the loans may result in the Estes Park Tourism Authority not
needing to borrow or issue bonds.
Operator of Elkhorn Lodge (to be identified) ("Lodge Operator")
The Lodge Operator will be expected to provide an aggregate of approximately $7,500,000
in the form of (i) an initial concession fee, (ii) prepaid lease payments and/or (iii)
commitments to fund capital improvements in connection with the renovation of the Elkhorn
Lodge, the construction of the new wing of lodging and the construction of related facilities.
Once the lodge facilities are operating, it is expected that the Lodge Operator will pay EPI a
base rent plus a percentage of revenues above an agreed upon level. These lease payments
will be used by EPI to fund further development of additional facilities in Estes Park's
Elkhorn Project and/or to repay debt incurred by EPI in the construction of earlier facilities.
The Lodge Operator's source of funds will be a combination of its existing cash reserves,
possible new equity investors and possible borrowings from commercial lending sources.
Grants from foundations involved in historic preservation and renovation may also be
available.
The Lodge Operator will also be solely responsible for all operating start-up expenses and
any operating losses arising from the operation of the lodge facilities.
Operator of Ski/Adventure Park (to be identified) ("Park Operator")
The Park Operator will be expected to provide an aggregate of approximately $I 1,500,000 in
form of (i) an initial concession fee, (ii) prepaid lease payments and/or (iii) commitments to
fund capital improvements in connection with the construction of the ski/adventure park
facilities. Once the ski/adventure park facilities are operating, it is expected that the Park
Operator will pay EPI a base rent plus a percentage of revenues above an agreed upon level.
These lease payments will be used by EPI to fund further development of additional facilities
in Estes Park's Elkhorn Project and/or to repay debt incurred by EPI in the construction of
earlier facilities. The Park Operator's source of funds will be a combination of its existing
cash reserves, possible new equity investors and possible borrowings from commercial
lending sources.
The Park Operator will also be solely responsible for all operating start-up expenses and any
operating losses arising from the operation of the ski/adventure park facilities.
Supporters of the Performing Arts ("SOPA")
SOPA will be expected to provide approximately $2,550,000 in the form of a commitment to
fund capital improvements in connection with the construction of the Estes Park Performing
Arts Center. SOPA's source of funds will be a combination of its existing cash reserves, its
recently initiated capital campaign and possible borrowings from commercial lending
sources.
SOPA will also be responsible for all operating start-up expenses and any operating losses
arising from the operation of the Estes Park Performing Arts Center to the extent that they
exceed the Applicant's commitment to underwrite a portion of such costs.
RTA Application — Tab 2d Page 4 of 5
April 7, 2011 Draft for Discussion Purposes Only
Subject to Further Revision
Elkhorn History Museum Operator (to be identified) ("Heritage Operator")
The Heritage Operator may be expected to provide (i) an initial concession fee, (ii) prepaid
lease payments and/or (iii) commitments to fund capital improvements in connection with the
renovation of the other historic buildings, the construction of a museum building (or
restoration of an existing building for that purpose) and the construction of related facilities
in amounts to be determined. Once this museum or other heritage facilities are operating on
the Elkhorn Lodge Property, it is expected that the Heritage Operator will pay EPI a base rent
plus a percentage of revenues above an agreed upon level. These lease payments will be
used by EPI to fund further development of additional facilities in Estes Park's Elkhorn
Project and/or to repay debt incurred by EPI in the construction of earlier facilities. The
Heritage Operator's source of funds will be a combination of its existing cash reserves, new
contributions or equity investments, possible borrowings from commercial lending sources
and grants from historic preservation organizations.
The Heritage Operator will also be solely responsible for all operating start-up expenses and
any operating losses arising from the operation of the museum and heritage facilities.
RTA Application — Tab 2d Page 5 of 5
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4/13/2011
THE ES'I'ES PARK
PERFORMING ARTS
CENI'ER
Presented by
The Supporters of the Performing Arts
ESTES PARK
PERFORMING ARTS CEN 1'ER
Presentation Summary
• Progress Report
• Business Plan
• Finances
— Presented in Reverse Chronological Order
European Cathedral
Focal Point for All Social/Cultural Activity
1
4/13/2011
THE ESTES PARK
PERFORMING ARTS CENTER
Focal Point for the Cultural Life of Estes Park
ESTES PARK PERFORMING ARTS CENTER
EPPAC Site and the Stanley Hotel
What Kind of Town Do We Want?
Town of Estes Park, Colorado
According to the Town Board Vision
Statement:
• 'The Town of Estes Park will enhance our
position as a premier mountain resort
community."
2
4/13/2011
Can You Imagine a Great
Community Without the Arts?
• The arts are fundamental to learning, to
the human spirit and to the health of
communities. It is the arts in everyday life
that sustain us and contribute directly to
the quality of life we enjoy
Estes Park Cultural Arts
Facilities Inventory
• Stanley Hotel
• Mountain View Bible Fellowship
• Performance Park
• Estes Park High School
• YMCA of the Rockies
• Various Other Small Venues
Other Premiere Colorado Resort
Facilities
• Beaver Creek - Vilar Performing Arts
Center
• Vail - Gerald R. Ford Amphitheater
• Breckenridge - Riverwalk Center
• Aspen -
- Harris Hall
— Benedict Music Tent
— Wheeler Opera House
3
4/13/2011
What Kind of Town Do We Want?
ESTES PARK
PERFORMING ARTS CENTER
• This will be a facility that will become the
focal point for the cultural life of our
community and transform Estes Park into
THE premier mountain resort
community mandated in the Town's
Vision statement
What Kind of Town Do We Want?
EN 1 ES PARK PERFORMING ARTS CENTER
WILL FEATURE
• 15 Estes Park Performing Arts Organizations will be
presenting in the Center
• At least 6 Regional Performing Arts Organizations will be
performing in the facility
• An array of Arts Education Programs, Workshops and
Work Study opportunities for the students of the Estes
Park School District and Continuing Education for Adults
What Kind of Town Do We Want?
12 Concerts/Productions by major,
nationally acclaimed performers presented
by the
ESTES PARK PERFORMING ARTS CENTER
• For Example:
— Summer Concerts by the visiting Dallas
Symphony
— The Lincoln Center Jazz Ensemble
4
4/13/2011
What Kind of Town Do We Want?
• More Examples
— The Capitol Steps (satirical comedy)
— Chanticleer
— The Butch Thompson Trio
— The Riders in the Sky
— Keyboard Conversations- Jeffrey Siegel
— Diavolo Dance Theater
— Vienna Boys Choir
— Famous Nashville Artists
Financial Business Plan/Time Line
Jan. 2011- Dec. 2014
AMS Planning & Research
Corporation
December 2008 Report
• The Estes Park Performing Arts Center
Operational and Sustainability Plan financial and
activity projections are based on the AMS report
and adjusted for implementation through 2014
• Discussion with Estes Park User Organizations
• Input from similar venues
5
4/13/2011
January 2014
is
q
May 2014
twererscw.'fl e
July 2014
6
4/13/2011
September 2014
addditi? dY98n
rll
December 2014
1111,70111.11
FY2014 (First Season)
ESTES PARK PERFORMING ARTS CENTER
Operating Budget Summary
• Expenses $786,734
• Revenues
— Earned Revenue $411,592
Contributed Revenue $257,500
— Town Support $217,000
— From Capital Campaign $110.000
Total Revenues $996,092
Contingency/(Deficit) $209,358
7
4/13/2011
Partnership
• The Town of Estes Park and Supporters of
the Performing Arts are partners in
creating an organization with an annual
budget of approximately $1,000,000
FY2013 Transition
Supporters of Performing Arts to
ESTES PARK
PERFORMING ARTS CENTE
• Expenses $248,277
• Revenues $257,500
• Contingency $ 9,223
• Earned Revenue $ -0-
• Contributed Revenue $257,500
II
FY2012
Supporters of the Performing Arts
Operating Budget Summary
• Revenues $125,000
— (Allocation from Capital Campaign)
• Expenses $123,867
• Contingency $ 1,124
8
4/13/2011
FY2011
Supporters of the Performing Arts
Operating Budget Summary
• Revenues $136,000
— (Allocation from Capital Campaign)
• Expenses $127,861
• Contingency $ 8,139
Project Financial Status
As of March 31, 2011, assets accumulated towards the project
comprise
Bank Accounts $ 268,844
Pledges $ 641,825
Receivable Town Site Pledge $ 250,000
Town Site Improvement Pledge $1,000,000
Theater Fund (Town) $ 457,000
Architect Design Fees $ . 16,168
Furniture and Fixtures $ 75,000
Total Current Assets $2,708,837
Basic Philosophy Governing
Activities
• Donors want to be investors in a well -
managed project that has a plan for the
future that is exciting and has long-term
value for the community
9
4/13/2011
The Supporters of the Performing Arts, Inc. dba
THE ESTES PARK
PERFORMING ARTS CENTE
• Any non-profit arts organization has two
businesses
— The Business of fund raising
— The Business of operations
Capital Campaign/Stakeholders
• Our current database contains over 700 existing
donors (FOSH & Supporters of the Performing
Arts) who have expressed their support with
their contributions
• Our plan is to update and involve these 700
donors as well as an additional 500 donor
prospects we have identified
• Our DonorPerfect database software supports a
strong stewardship and solicitation program
• The continued support of the Estes Park Town
Board is critical to the confidence our donor
base has in the future of the Center
What Kind of Town Do We Want?
,l,
PERFO
ARTS CENI
S I'ES PARK
RMING
R
Defining Who We Are!!
10
4/13/2011
Town Board Action
• The Feasibility of the Estes Park Performing Arts
Center
— Supporters of the Performing Arts Faced This
Decision Last Year
• Building on successes to date, we reconstituted our
approach
• This process is now complete
— Supporters of the Performing Arts requests the date
for determination of feasibility be extended through
December 31, 2011
ES'I'ES PARK
PERFORMING ARTS CENTER
Focal Point for the Cultural Life of Estes Park
11
AMENDMENT TO AGREEMENT
This Amendment to the Agreement between the Friends of Stanley Hall, Inc. a
Colorado Non-profit Corporation ("FOSH") and the Town of Estes Park (the "Town")
made this c144- day of N.:1;. y , 2006.
WITNESSETH
1. FOSH and the Town entered into an Agreement dated May 14, 2002.
2. The parties wish to extend the date for the Town to make a determination as to the
feasibility of the construction of a performing arts facility and extend the date for the
completion of the construction of said facility for an additional one (1) year period.
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND
FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES
AGREE AS FOLLOWS:
1. Paragraphs 3 and 4 of the Agreement dated May 14, 2002 between FOSH and the
Town shall be amended in their entirety to read as follows:
3. The Town shall use said funds as follows:
a. As partial funding for the design and construction of a facility for the
presentation of performing arts. Said facility may be a part of or combined with
other uses in a multi -purpose facility. Said facility may be either an indoor or
partially enclosed facility. The Town may be the sole owner or lessee of the
facility and/or the Town may partner with another entity for the design,
congl ctio , and operation of the facility.
b. The Town shall have 5 (five) years from the date of this Agreement to determine
whether or not the facility, as described in paragraph (a) above is feasible. Said
decision shall be in the sole discretion of the Town. If the Town does determine
within said 5 (five) year period that such a facility is feasible, the Town shall have
a total of 8 (eight) years from the date of this Agreement to design and u'
substantially complete construction of said facility and use the FOSH funds for
said facility.
c. In the event the Town determines, within the original 5(five) year period, that a
facility is not feasible, the Town then shall have the following options with regard
to the funds.
1) Donate the funds to any non-profit organization whose primary focus is
within the Estes Valley and whose non-profit purpose involves the
performing arts.
2) If the Town determines, in its sole discretion, that there is no
appropriate organization within the Estes Valley which provides support
for the performing arts, the Town may donate the funds to such an
organization located within the Northern Colorado area.
4. All of the funds shall be disposed of by the Town pursuant to this Agreement
within 8 (eight) years of the date of this Agreement.
All of the terms and conditions of the Agreement dated May 14, 2002 between the
parties shall remain in full force and effect.
IN WITNESS WHEREOF, there parties hereby execute this Agreement:
FRIENDS OF STANLEY HALL, INC.
By:
TOWN OF ESTES PARK
•
= •
0
r•
AGREEMENT
This Agreement between the Friends of Stanley Hall, Inc:, a Colorado No profit
Corporation ("FOSH") and the Town of Estes Park (the "Town") made this f -Eh day
of , 2002.
WITNESSETH
1. FOSH was organized in 199_ for the purpose of soliciting funding for the
purpose of supporting the cultural and performing arts within the Estes Park
Area.
2. As part of the above stated purpose, FOSH solicited and obtained funds for the
renovation of Stanley Hall.
3. Due to factors beyond the control of FOSH and the Town, Stanley Hall is not
available for renovation by the Town and FOSH.
3q
4. FOSH has at its disposal approximately $4gs; 2/33.: FOSH wishes to make these
funds available to the Town for use by the Town for the promotion and
development of cultural and performing arts within the Estes Valley.
5. The Town is willing to accept these funds pursuant to the terms and conditions
of this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND FOR
OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. Within, 30 days of the date of this Agreement, FOSH shall transfer to the Town
the sum oftr n,43S"3 Said funds shall be transferred to the Town by FOSH
free and clear of any claims, liens, or encumbrances. The funds transferred shall
be subject to the terms and conditions of this Agreement.
2. The Town agrees to accept said funds from FOSH. Upon receipt of the funds,
the Town shall segregate these funds from all other funds of the Town.
3. The Town shall use said funds as follows:
a. As partial funding for the design and construction of a facility for the
presentation of performing arts. Said facility may be a part of or
combined with other uses in a multi -purpose facility. Said facility may
be either an indoor or partially enclosed facility. The Town may be the
sole owner or lessee of the facility and/or the Town may partner with
another entity for the design, construction, and operation of the facility.
b. The Town shall have four (4) years from the date of this Agreement to
determine whether or not the facility, as described in paragraph (a) above
is feasible. Said decision shall be in the sole discretion of the Town. If
the Town does determine within said four (4) year period that such a
facility is feasible, the Town shall have a total of seven (7) years from the
date of this Agreement to design and substantially complete construction
of said facility and use the FOSH funds for said facility.
c. In the event the Town determines, within the original four (4) year period,
that a facility is not feasible, the Town then shall have the following
options with regard to the funds.
1) Donate the funds to any nonprofit organization whose
primary focus is within the Estes Valley and whose nonprofit
purpose involves the performing arts.
2) lithe Town determines, in its sole discretion, that there is no
appropriate organization within the Estes Valley which
provides support for the performing arts, the Town may
donate the funds to such an organization located within the
Northern Colorado area.
4. All of the funds shall be disposed of by the Town pursuant to this Agreement
within seven (7) years of the date of this Agreement.
5. This Agreement contains the entire understanding of the parties. Any
amendments or modifications hereto shall be in writing and executed by both
parties.
6. In the event of any default by either party in the terms and conditions hereof, the
non -defaulting party shall give the defaulting party ten (10) days' notice in
writing of said default. If said default is not cured within said 10-day period, the
-2-
non -defaulting party shall be entitled to begin legal proceedings, including an
action for specific performance and/or damages. Damages shall include all
reasonable attorneys fees and court costs incurred by the non -defaulting party.
7. All notices, demands or other documents required or desired to be given, made
or sent to either party, under this Agreement shall be in writing, shall be deemed
effective upon mailing or personal delivery. If mailed, said notice shall be
mailed, postage prepaid as follows:
Town of Estes Park
Attn: Town Administrator
P.O. Box 1200
Estes Park, Colorado 80517
Friends of Sta ley Hall
Attn: Nine-reit I"
/, 3 / 44eeke-r Dr
Esizs ar�/ �J FeSl�
IN WITNESS WHEREOF, these parties hereby execute this Agreement.
ATTEST:
U1�i� lC (Tc'1
TOWN CLERK
-3-
FRIENDS OF STANLEY HALL, INC.
By:
TOWN OF ESTES PARK
By:p 0404441-
Memorandum of Understanding
between the Town of Estes Park
and the Supporters of the Performing Arts, Inc.
Revised April 28, 2009
This amended Memorandum of Understanding (MOU) is being executed by the
parties listed below:
1. The Town of Estes Park, Colorado (the "Town")
2. The Supporters of the Performing Arts, Inc. ("SOPA")
A. Purpose
This MOU establishes and delineates the responsibilities and understandings
between the two parties regarding the location, construction and operation of
the proposed Performing Arts Facility (the "Theater") to be located on a
portion of the Stanley Park Fairgrounds owned by the Town.
B. SOPA's Role and Responsibility
1. SOPA has completed the preliminary design of the Theater as
more fully set forth on the conceptual plan dated June 15, 2007 and
updated on March 2, 2009. Based on this conceptual plan, SOPA
has estimated that the construction cost of the Theater is estimated
to be $5,000,000.00. SOPA shall raise 100% of the construction
cost of the Theater. In the event that the design of the Theater is
changed and/or estimates of construction costs increase, SOPA
shall be responsible for raising funds necessary to cover any
design changes and/or increase in estimated construction costs.
2. Upon completion of the Theater, SOPA shall be responsible for the
operation and management of the Theater. SOPA shall be entitled
to all operating revenues and shall be responsible for all operating
expenses.
C. The Town's Role and Responsibility
1. The parties have agreed on a building site located on the Stanley
Park Fairgrounds. The Town shall provide the site on the
southeast portion of the Stanley Park Fairgrounds. A map of said
site is attached hereto as Exhibit A and incorporated herein by
reference.
2. The Town shall be responsible for providing all necessary site
preparation for construction of the Theater. This site preparation
shall include, but not be limited to, grading, drainage, utilities and
Page 1 of 4
Memorandum of Understanding
between the Town of Estes Park
and the Supporters of the Performing Arts, Inc.
Revised April 28, 2009
vehicular access. The Town shall be responsible for the design,
construction, and installation of all necessary parking facilities for
the Theater.
3. The Town shall use the then current balance of the funds from the
Theater Fund for construction of the Theater. SOPA shall be
entitled to credit the amount of funding available for construction by
an amount equal to the balance of the Theater Fund held by the
Town.
4. Upon the raising of the 100% of the construction costs by SOPA,
the Town shall be responsible for the construction of the Theater.
5. Upon the completion of the construction of the Theater, the Town
will subsidize operation and maintenance of the Theater by SOPA
in an amount not to exceed $217,000 per year which is the
anticipated annual operating loss projected in the pro -forma
operating revenue and expense scenario prepared by AMS
Planning and Research dated December 9, 2008.
D. Cost Updates
The parties understand and agree that it is necessary to continue to review
and update the cost of the Theater including construction cost, cost of site
preparation, parking and estimates of operating revenue and expenses. The
parties agree that during the term of this MOU to review and update all costs
at least semi-annually. The cost of the review and update shall be the
responsibility of the Town and funded by the Theater Fund.
F. Governmental Immunity
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 One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per
person and Six Hundred Thousand and 00/100 ($600,000) 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, or otherwise available to the Town or any of its officers, agents or
employees.
Page 2 of 4
Memorandum of Understanding
between the Town of Estes Park
and the Supporters of the Performing Arts, Inc.
Revised April 28, 2009
G. Current Year Obligations
The parties acknowledge and agree that any payments provided for by the
Town or requirements for future appropriations by the Town shall constitute
only currently budgeted expenditures of the Town. The Town's obligations
under this agreement are subject to the Town's annual right to budget and
appropriate the sums necessary to provide the obligation set forth herein. No
provision of this agreement shall constitute a mandatory charge or
requirement in any ensuing fiscal year beyond the then current fiscal year of
the Town. No provision of this agreement shall 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 make any payments beyond those appropriated for the Town's then
current fiscal year.
H. Notice
Any notice required or permitted by this agreement will be deemed effective
when personally delivered in writing or three (3) days after notice is deposited
with the U.S. Postal Service, postage prepaid, certified, and return receipt
requested, and addressed as follows:
The Supporters of the Performing
Arts, Inc.
P 0 Box 3077
Estes Park, CO 80517
I. Future Agreement
Town of Estes Park
Attn: Town Administrator
P 0 Box 1200
Estes Park, CO 80517
Upon SOPA's completion of raising 100% of the construction costs as set
forth in Section B above, the parties shall enter into an Agreement setting
forth all of the rights, responsibilities and duties for the construction of the
Theater by the Town and the subsequent operation and maintenance of the
Theater by SOPA.
J. Termination
Each Party may terminate this agreement upon giving the other party thirty
(30) days written notice.
Page 3of4
Memorandum of Understanding
between the Town of Estes Park
and the Supporters of the Performing Arts, Inc.
Revised April 28, 2009
TheSupporters of Performing Arts, Inc.
-tt
Pinkham
ayo
own��af 'stes Park
p '<J
9PBdiii�9
Page 4 of 4
5//af/D
Date
Date
EXt.ktBCr' A
ey
x .rforming":•
,rts Theate'-
Courtyard
patio
Future: Evert
Building
Peciestiian.:`'
Corridor
Existing
GsoritistandP
Existing
Ai €ii cy'.`
Estes Park Performing" Arts Censer Site Plain
The new performing arts center will become
part of the refurbished
STANLEY FAIR GROUNDS
The building will be located at the Southeast corner of the
grounds where currently the white, horse barns are situated.
An additional 600+ new parking places will be added to the
grounds to accommodate patrons.
TOWN or ESTES PARY
Memo
To: Honorable Mayor Pinkham
Board of Trustees;
Jacquie Halburnt, Town Administrator
From: Lowell Richardson, Deputy Town Administrator
Date: April 12, 2011
RE: Capital Project Updates
Background:
At the March 8t' 2011 Town Board meeting the Board of Trustees approved funding both the Bond
Park project (Phases I & 3) and the Transportation HUB project at the Fairgrounds. Since then these
projects have mobilized moving forward with anticipated completion dates of May 26th and 27th
respectively. Public Works Director Zum provides oversight of the day to day activities and provides
technical direction on behalf of the Town and to the professional staff. Other staff involved in the
project includes the PIO, Town Finance Officer, the Deputy Town Administrator, Project Manager
Murray McBride and Project Manager Kevin Ash . The bid pricing for the Transportation HUB is a
unit based bid which breaks out identified unit costs while the Bond Park project is a hybrid of a lump
sum bid and unit based bid pricing.
Bond Park Project
Town's Project Manager: Kevin Ash
Contractor: Cornerstone Construction Estes Park
Design Firm: RG Consulting Engineering, Inc. Denver
Architect Design: Winston and Associates Wheatridge
The project is on time and on budget as of today. Infrastructure work includes storm drainage, water
line extension and electric. A change order to this project was approved for a 12" water line extension
that is approximately 215 feet. The extension is recommended in the water master plan to improve
flow and will complete the loop connection once the joint Virginia Lane project begins in the spring of
2012.
Next week upcoming work includes infrastructure for storm sewer line, water line and electrical on
MacGregor Ave. Upcoming milestones include installation of the electrical box, power for the
bollards, storm drainage starting from the river, potholing on Elkhorn and water line testing. Staff and
contractor have worked closely with businesses on Park Lane in an effort to coordinate and minimize
impact of the project.
A payment application (pay app) for this project has been submitted and is reflected in the
spreadsheet report attached to this report.
Transportation HUB Parking Lot Project
Town's Project Manager: Murray McBride
Contractor: Coulson Excavating Loveland
Design Firm: David Evans and Associates Denver
Architect: T.W. Beck Estes Park
As of today this project is on time and on budget. Infrastructure work includes storm sewer, detention
pond, electrical, water line, curb/gutter and sleeve stub outs for future landscape irrigation.
Part of the project required moving and replacing existing water service line to the Senior Center,
museum and residential homes in the neighborhood off 4th street. Staff and contractor have worked
with those impacted by this project to coordinate these interruptions. To date the excavation work
completed has lowered and flatten the ground to accommodate the planned parking lot and improve
drainage along the west side of the property. Planned work for the week includes constructing a
retaining wall, excavation for the shelter and install foundation lighting for Tots 2-3-4.
A payment application (pay app) for this project has not been submitted and will be forwarded to the
board once received.
Budget:
N/A
Staff Recommendation:
N/A
Sample Motion:
N/A
CURRENT MAJOR CAPITAL PROJECTS
w
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project begins early May
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PROSPECT AVE
BOND PARK
TRANSPORTATION HUB
CMAQ Grant
FASTER Grant
$1,171,872 approved in 3/8 TB mtg
LL -a
CC =
U =
GF - General
OSF - Open Space
CRF - Community Reinvestment
WATER - Water Fund
II BOND PARK
DESCRIPTION
Cornerstone Const Concepts BALANCE
TO
BUDGET OSF CRF COMPLETED FINISH
1 Mobilization/demo
2 Erosion Control
3 Traffic Control
4 Roto-Mill Asphalt
5 Demo/Clear/Grubb
6 MacGreg Pavestones
7 Park Ln Pavestones
8 Concrete River Bldr
9 Exp Agg Conc Bnd Prk
10 Bnd Park Pavestones
11 Exp Agg Conc Twn HI
12 Bldrseatrng/Sndstnpv
13 Misc Concrete
14 Storm Sewer Improve
15 Asphalt Patch
16 Paintstrip/Reinstal
17 Misc Utility Improv
18 River Boulders
19 Boulder Seating Rng
20 Tree Wells
21 Seatwell Planters
22 Steps/Railing/Wall
23 Landscaping
24 Electrical
25 Irrigation
$25,083.00 $25,083.00 $8,779.05 $16,303.95
1,140.00 1,140.00 0.00 1,140.00
5,700.00 5,700.00 2,850.00 2,850.00
12,973.20 12,973.20 12,973.20 0.00
19,343.00 19,343.00 19,343.00 0.00
105,663.75 105,663.75 0.00 105,663.75
28,215.00 28,215.00 4,203.75 24,011.25
13,157.88 13,157.88 1,983.60 11,174.28
33,721.20 33,721.20 5,025.12 28,696.08
30,495.00 30,495.00 0.00 30,495.00
23,935.44 23,935.44 0.00 23,935.44
10, 294.90 10, 294.90 0.00 10, 294.90
23,199.00 23,199.00 0.00 23,199.00
172,893.00 172,893.00 0.00 172,893.00
25,012.00 25,012.00 0.00 25,012.00
8,797.00 8,797.00 0.00 8,797.00
15,629.00 15,629.00 3,125.80 12,503.20
34,665.96 34,665.96 0.00 34,665.96
3,580.00 3,580.00 0.00 3,580.00
18,377.06 18,377.06 0.00 18,377.06
13,630.00 13,630.00 2,726.00 10,904.00
9,325.00 9,325.00 0.00 9,325.00
20,583.00 20,583.00 0.00 20,583.00
84,782.00 84,782.00 8,478.20 76,303.80
28,443.00 28,443.00 2,844.30 25,598.70
$768,638.39 $570,791.39 $197,847.00 $72,332.02 $696,306.37
111 TRANSPORTATION HUB DATA
ACTUAL EXPENDITURES
Thomas Beck
CMAQ FASTER CRF
GRANT GRANT
Architect fees $3,836.00
DETAILED BUDGET ITEMS
Terracon Consultants Transit hub tests 10,000.00
Evans & Associates Consulting/design $68,000.00
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Item # ITEM DESCRIPTION
CLEARING AND GRUBBING
REMOVAL OF SIDEWALK
REMOVAL OF CURB AND GUTTER
REMOVAL OF CONCRETE PAVEMENT
REMOVAL OF ASPHALT MAT
UNCLASSIFIED EXCAVATION (CIP)
ROCK BLASTING
TOPSOIL (REMOVE, STOCKPILE, PLACE) (4 INCH)
SILT FENCE
CONCRETE WASHOUT STRUCTURE
STORM DRAIN INLET PROTECTION
STABILIZED CONSTRUCTION ENTRANCE
EROSION CONTROL SUPERVISOR
RESET MAILBOX STRUCTURE
RESET GROUND SIGN
REMOVE AND RESET 6' CHAIN LINK FENCE
REMOVE AND RESET 6' CHAIN LINK GATE
REMOVE AND RESET 2-RAIL PLASTIC FENCE
ADJUST MANHOLE
MODIFY MANHOLE
MODIFY INLET
ADJUST VALVE BOX
SEEDING (NATIVE)
MULCHING (WOOD CHIP)
MULCH TACKIFIER
AGGREGATE BASE COURSE (CLASS 6)
,HOT MIX ASPHALT (PATCHING) (GRADING SX)
HOT MIX ASPHALT (GRADING SX)
CONCRETE PAVEMENT (6 INCH)
GEOTEXTILE (DRAIN) (CLASS I)
MSE RETAINING WALL WITH BLOCK FACING
RIPRAP (12 INCH) ,
STAIRWAY RAILING (STEEL)
PEDESTRIAN STAIR STRUCTURE
30 INCH CORRUGATED STEEL PIPE
18 INCH STEEL END SECTION
24 INCH STEEL END SECTION
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6 INCH DIP PLUG
FIRE HYDRANT ASSEMBLY (6 INCH)
2 INCH TYPE K COPPER SERVICE LINE
2 INCH CORP STOP WITH 2 INCH CURB STOP VALVE AND BOX
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CONSTRUCTION TRAFFIC CONTROL
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TOWN OF FSTES PARK
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
From: Alison Chilcott, Interim Community Development Director
Dave Shirk, Planner
Date: April 12, 2011
RE: Ordinance #10-11: Moratorium for Direct Illuminated Signs
Background: In November 2010, the Town Board adopted a new sign code for the
Town of Estes Park. This sign code provides for variable message displays, and allows
a change of display once every 24 hours in the downtown commercial area, and once
every 20 minutes in the outlying commercial areas. At the November meeting, the
Town Board directed staff to draft language to allow shorter display times.
At the March Community Development/Community Services meeting, Community
Development staff presented a draft revision to address this request. At that meeting,
the Committee determined the issue was more complex than simply changing the
image hold times. Of particular concern was the potential for large directly illuminated
variable message signs.
Because of this concern, the Committee asked staff to draft a moratorium on light
emitting diode (LED) signs larger than ten square feet. Staff has prepared Ordinance
10-11 to enact the requested moratorium, effective from April 13, 2011 through
September 30, 3011 (unless the sign code has been amended prior to September 30).
The purpose of this moratorium is to allow more discussion about size of LED signs and
the frequency and type of message transformation. Community Development staff will
present language to the Community Development/Community Service Committee later
this spring.
Budget: N/A
Sample Motion: I move to approve (or disapprove) Ordinance 10-11.
Page 1
ORDINANCE NO. 10-11
AN ORDINANCE OF THE TOWN OF ESTES PARK
IMPOSING A TEMPORARY MORATORIUM ON THE ISSUANCE OF SIGN PERMITS
FOR CERTAIN VARIABLE MESSAGE SIGNS
WHEREAS, on November 9, 2010 the Board of Trustees adopted Ordinance No.
24-10 adopting a revised sign code that includes regulations pertaining to Tight emitting
diode directly illuminated variable message signs, referred to herein as "LED signs"; and
WHEREAS, following the adoption of Ordinance No. 24-10, the Board of
Trustees directed staff to draft revisions related to LED signs; and
WHEREAS, on March 22, 2011, the Board of Trustees considered Ordinance
No. 07-11 which amended a portion of Chapter 17.66 of the Municipal Code with regard
LED signs; and
WHEREAS, on March 22, 2011, the Board of Trustees tabled further
consideration of Ordinance No. 07-11 in order to review and consider further
amendments addressing any negative impacts of the size and change frequency of LED
signs; and
WHEREAS, on March 24, 2011, the Community Development/Community
Services Committee also reviewed this issue and directed Staff to prepare a temporary
moratorium on the issuance of any sign permit by the Community Development
Department for the installation of any LED sign in order to review any negative impact of
said signs; and
WHEREAS, it is necessary to declare a temporary moratorium until such time as
the Board of Trustees has an opportunity to review, and consider adoption of any
amendments to the Sign Code addressing any negative impacts of the size and
frequency of LED signs; and
WHEREAS, it is anticipated by the Board of Trustees that the public process and
possible amendment of the Sign Code relating to LED signs shall be accomplished no
later than September 27, 2011; and
WHEREAS, the Board of Trustees has the authority to adopt a temporary
moratorium on the issuance of a sign permit for any LED signs.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, as follows:
1. A temporary moratorium is hereby imposed on the issuance of any sign
permit by the Community Development Department for the installation of any
LED sign larger than ten (10) square feet within the Town of Estes Park
including, but not limited to, the processing of any application for any pending
sign permit for a LED sign larger than ten (10) square feet filed with the
Community Development Department from the effective date of this
Ordinance.
2. This temporary moratorium shall take effect immediately upon the adoption of
this Ordinance and continue until September 27, 2011 unless amended,
extended and/or terminated by further action of the Board of Trustees.
WHEREAS, the immediate passage of this Ordinance is necessary for the
preservation of the health, safety, and welfare of the citizens of the Town in order to
prevent negative impacts of LED signs larger than ten (10) square feet, and therefore
this Ordinance shall take effect and be in force immediately after its passage, adoption,
and signature of the Mayor or the Mayor Pro Tem.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this day of , 2011.
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the day of , 2011, and
published in a newspaper of general publication in the Town of Estes Park, Colorado on
the day of , 2011.
Town Clerk
A
EP
TOWN OF ESTES PARK
Memo
To:
Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
From: Chief Building Official Birchfield
Interim Director Chilcott
Date: March 22, 2011
RE: Ordinance #08 -11, 2009 International Building Codes Adoption
Background:
Since the January 25, 2011 Town Board meeting, staff has prepared for publishing the
proposed amendments to the 2009 International Building Codes.
At the March 22, 2011 Town Board meeting, staff would like to give an update on the
status of proposed sprinkler amendments and fees associated with the administration of
the International Codes.
Staff Recommendation:
Staff recommends approval of the proposed amendments as presented.
Sample Motion:
I move to approve (or disapprove) Ordinance #08-11, adopting the International Building
Codes, with amendments, as presented, with an effective date of July 1, 2011.
Page 1
ORDINANCE NO. 08-11
AN ORDINANCE AMENDING CHAPTER 14 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO, THE SAME PERTAINING TO
BUILDINGS AND CONSTRUCTION, INCLUDING THE
ADOPTION OF THE INTERNATIONAL BUILDING,
EXISTING BUILDING, AND RESIDENTIAL
CODES, 2009 EDITIONS, AS AMENDED
WHEREAS, on the 9th day of November, 2010, this Ordinance was introduced to
the Board of Trustees of the Town of Estes Park which set a public hearing on the
consideration of this Ordinance for December 14th, 2010, and continued the hearing to
January 25th, 2011; and
WHEREAS, notice of said hearing was published as provided in Section 31-16-
203, C.R.S.; and
WHEREAS, at least fifteen (15) days prior to December 14, 2010, certified
copies of the International Building, Existing Building, and Residential Codes, 2009
Editions, certified copies of all secondary codes referenced in the International Codes,
and all amendments thereto, were on file in the office of the Town Clerk and available
for public inspection.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: Chapter 14.12 of the Municipal Code shall be amended to read as follows:
International Codes
14.12.010 International Building Code, 2009—Adopted. The International
Building Code, 2009 Edition, issued by the International Code Council, 4051 W.
Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of
sections thereof which are amended as set forth on Exhibit "A" attached hereto and
incorporated herein by this reference, referred to in this title as the International Building
Code is enacted and adopted by reference.
14.12.020 International Existing Building Code, 2009 Edition —Adopted. The
International Existing Building Code, 2009 Edition, issued by the International Code
Council, 4051 W. Flossmoor Rd., Country Club Hills, IL 60478-5795, except the
sections or parts of sections thereof which are amended as set forth on Exhibit "B"
1
attached hereto and incorporated herein by this reference, referred to in this title as the
International Existing Building Code is enacted and adopted by reference.
14.12.030 International Residential Code, 2009—Adopted. The International
Residential Code, 2009 Edition, issued by the International Code Council, 4051 W.
Flossmoor Rd., Country Club Hills, IL 60478-5795, except the sections or parts of
sections thereof which are amended as set forth on Exhibit "C" attached hereto and
incorporated herein by this reference, referred to in this title as the International
Residential Code is enacted and adopted by reference.
Section 2: Chapter 14.12.025 Grading Permit of the Municipal Code shall be deleted in
its entirety.
Section 3: Chapter 14.04.040 Violation of the Municipal Code shall be amended to
read as follows:
14.04.040 Violation
(a) It is unlawful for any person to violate any of the provisions of the International
Building Code, International Existing Building Code, and International
Residential Code.
(b) Every person convicted of a violation of any provision of the International
Building Code, International Existing Building Code, and International
Residential Code shall be punished as set forth in Section 1.20.020 of this
Code.
(c) The Town shall have the option of instituting an appropriate action in any
court having jurisdiction to prevent, enjoin, abate or remove a violation of the
International Building Code, International Existing Building Code, and
International Residential Code, to prevent any illegal act or use in or on such
premises as the result of any violation of the International Building Code,
International Existing Building Code, and International Residential Code.
Section 4: Chapter 14.04.050 Damages of the Municipal Code shall be amended to
read as follows:
14.04.050 Damages
Neither the Building Official, Town Engineer, any other employee or agent of the
Town, nor any volunteer acting on behalf of the Town shall be liable in damages
for any act and/or omission by said person pursuant to the duties and the
enforcement of the provisions of the International Building Code, International
Existing Building Code, and International Residential Code.
2
Section 5: Section 14.20.010 National Electric Code, 2005 Edition; adopted of the
Municipal Code shall be deleted in its entirety.
Section 6: Section 14.20.015 Violation of the Municipal Code shall be deleted in its
entirety.
Section 7: Section 14.20.017 Damages of the Municipal Code shall be deleted in its
entirety.
Section 6: Section 14.20.080 Electrical Construction Requirements of the Municipal
Code shall be amended to read as follows:
14.20.080 Electrical Construction Requirements.
All new structures and existing structures that are altered, added to or repaired in
excess of fifty percent (50%), and which contain, in whole or in part, commercial
uses, shall be entirely wired in rigid or steel tube conduits or approved metal
raceways. Unless it is otherwise required by applicable provisions of the
National Electric Code, the requirements of this Section do not apply to a
freestanding commercial structure served by one (1) electric meter located in the
Town's Commercial Outlying (CO) Zone.
Section 8: This Ordinance shall take effect and be in full force and effect July 1, 2011.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of , 2011.
TOWN OF ESTES PARK
ATTEST:
Town Clerk
Mayor
3
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the day of , 2011
and published in a newspaper of general publication in the Town of Estes Park,
Colorado, on the day of , 2011.
Town Clerk
4
EXHIBIT A
2009 INTERNATIONAL BUILDING CODE AMENDMENTS
101.1 Title. Add the following statement at the end of this subsection:
All references requiring the "NAME OF JURISDIDICTION" shall be amended to "the
Town of Estes Park."
101.4 Referenced codes. CHANGE designation 101.4.6 to 101.4.7; and, add the
following statement.
As applicable, the provisions of this code, as amended and adopted, are amendments to
each of the International Codes adopted and enforced by the Town of Estes Park.
101.4.1 Gas. REVISE the first sentence as follows:
The provisions of the 2009 International Fuel Gas Code, as amended, shall apply to the
installation of gas piping from the point of delivery, gas appliances and related accessories.
101.4.2 Mechanical. REVISE the first sentence as follows:
The provisions of the 2009 International Mechanical Code, as amended, ...
101.4.3 Plumbing. REVISE as follows:
The provisions of the International Plumbing Code, as amended and adopted by the
Examining Board of Plumbers of the State of Colorado, shall apply to the installation,
alteration, repair and replacement of plumbing systems, including equipment, appliances,
fixtures, fittings and appurtenances, and where connected to a water or sewage system and
all aspects of a medical gas system. The provisions of the most recent edition of the
Larimer County Individual Sewer System Regulation, as enforced by the Larimer County
Health Department, shall apply to private sewer disposal systems.
101.4.3.1 State Plumbing Code.'
All references to the plumbing code shall be amended to the International Plumbing
Code, as amended and adopted by the Examining Board of Plumbers of the State of
Colorado.
101.4.3.2 County Health Department Regulations.
All references to the "International Private Sewage Disposal code" shall be amended to
the Larimer County Individual Sewer System Regulation for private sewage disposal
systems, as enforced by the Larimer County Health Department.
101.4.4 Property Maintenance. DELETE original text and ADD new text as follows:
All text adopting the International Property Maintenance Code by reference shall be
amended by deleting applicable text.
101.4.5 Fire Prevention. ADD the following statement at the end of this subsection.
All references to the "International Fire Code" shall be amended to The International Fire
Code as amended and adopted by the Town of Estes Park and enforced by the Estes Valley
Fire Protection District.
101.4.6 Energy. REVISE as follows:
1
The provisions of the 2009 International Energy Conservation Code, as amended, ...
101.4.7 Electrical. ADD this subsection as follows:
All references to the electrical code shall be amended to the National Electrical Code as
amended and adopted by the Colorado State Electrical Board.
102.1 General. REVISE as follows:
Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall be applicable. Where, in any specific case, different sections of
this code, other local, state, or federal codes ...
102.4 Referenced codes and standards. ADD the following at , the end of this
subsection.
Approved proprietary products and materials shall be considered compliant with the
provisions of this code when they are installed per the manufacturers' specifications and
installation requirements.
103.1 Creation of enforcement agency. REVISE as follows:
The Division of Building Safety is hereby created and the official in charge thereof shall be
known as the chief building official.
103.1.1 Title of enforcement agency.
All references to the creation of an enforcement agency by title shall be amended to the
creation of the Division of Building Safety.
103.1.2 Title of official in charge.
All references to the official in charge by title shall be amended to the chief building
official.
105.1 Required. DELETE "electrical" and ADD the following exceptions.
Exceptions:
1: The Colorado State Electrical Board shall regulate permits for private electrical
systems.
2. The Colorado Division of Fire Safety and/or the Estes Valley First Protection District
shall regulate permits for automatic sprinkler systems and for automatic fire alarm
systems.
105.1.1 Annual permit. Revise title to Annual property permit.
105.1.1 Annual permit. DELETE "electrical" and ADD the following statement at the
end of this subsection.
The trade's persons shall be qualified by obtaining the applicable Building Contractor
License from the Town of Estes Park.
105.1.2 Annual permit records. Change this subsection designation to 105.1.7; and,
ADD the following sentence at the end of this subsection.
Inspections shall be requested, performed and documented as required for individual
permits.
105.1 Required. ADD the following subsections.
2
105.1.2 Annual contractor permit.
For small projects not requiring design submittals, such as the replacing of roof coverings,
and for alterations and/or repairs to an already approved gas, mechanical or plumbing
installation, the building official is authorized to issue an annual contractor permit to any
approved contractor regularly employing one or more qualified trades persons. Permit
applications, fees, and inspections shall be required for each individual project.
Contractors with annual permits shall be permitted to begin work prior to the issuance of an
individual permit, after the contractor has filed an appropriate permit application with the
chief building official. Inspections shall not be provided prior to the individual permit
being issued. If a proper application has been submitted, a valid annual contractor permit
shall exempt the contractor from investigation fees if work is commenced prior to obtaining
the required permit. Applicants for an annual contractor permit shall first obtain the
applicable Building Contractor License from the Town of Estes Park.
105.1.3 Annual permit fees.
A fee deposit for each annual permit shall be paid as required in,, accordance with the
approved fee schedule.
105.1.4 Work authorized by annual permits. Work authorized by an annual permit shall
be work which has been individually permitted, inspected and approved by the chief
building official. Work which has not been permitted, inspected and approved by the chief
building official, shall be unauthorized, and is a violation of this code.
105.1.5 Validity of annual permits. An annual permit shall be valid as long as the fee
deposit has an unused balance and so long as the qualified trades persons and/or contractors
maintain a valid Building Contractor License with the Town of Estes Park.
105.1.6 Limitations of annual permits.
Work authorized by annual permits shall be limited to work which does not require design
submittals for review, or does not require the approval of other Authorities Having
Jurisdiction and can be approved unilaterally by the chief building official. Annual permits
shall not include the addition and/or vacating of plumbing fixtures or the addition of fuel
gas piping.
105.2 Work exempt from permit. REVISE exemption 2 as follows:
2. Fences not over 6 feet (1829 mm) high from existing natural grade.
105.3 Application for permit. ADD the following statement at the end of condition 6.
Applicants for permits shall possess appropriate licensing from the State and if applicable,
a Building Contractor License from the Town of Estes Park.
105.7 Placement of permit. REVISE as follows:
The entire building permit package shall be kept on the site of the work until the
completion of the project. The building permit package shall be posted as close as possible
to the premises address numbers and shall be adequately protected from the weather and
from physical damage. For new structures and other large projects, the permit package
shall be kept in an approved red weather -tight container. The approved container shall be
visible from the primary access to the property.
105.8 Transfer of permits. ADD this subsection.
3
A current valid building permit may be transferred from one party to another upon written
application to the building official. When any changes are made to the original plans and
specifications that substantially differ from the plans submitted with the permit, as
determined by the building official, a new plan review fee shall be paid as calculated in
accordance with the approved fee schedule. No change will be made in the expiration date
of the original permit, except as provided in subsection 105.5.
106.1 Live loads posted. ADD the following statements at the end of this subsection.
Signs posting design live loads shall be a minimum 8.5 inches (215.90 mm) by 11 inches
(279.40 mm) with a minimum font size of 2inches (50.80 mm). Lettering shall contrast
with the sign background.
107.1 General. ADD the following text at the end of this subsection.
Under the following conditions, construction documents submitted for a building permit;
including but not limited to plans, calculations and specifications; shall be prepared and
sealed by a Colorado registered professional engineer or licensed architect.
1. When a design does not comply with the prescriptive and/or performance requirements
of this code.
2. Structural details for multi -family buildings containing more than 2 dwellings.
3. Fire -resistance -rated construction details for multi -family buildings containing more
than 2 dwellings.
4. All required details for multi -family buildings containing more than 4 dwellings.
5. All required details for mixed use buildings containing a dwelling unit, except for live -
work units constructed under the provisions of the IRC.
6. All required details for garages, industrial buildings, offices, farm/agricultural buildings
& warehouses exceeding one story (excluding 1 story basement) or designed for
occupancy by more than ten (10) persons. Occupant loads shall be determined per 2009
IBC Table 1004.1.1, as follows:
a. Garages: 1 occupant per 300 sq. ft. =maximum 3,000 square feet
b. Industrial Buildings: 1 occupant per 100 sq. ft. = maximum 1,000 square feet
c. Offices: 1 occupant per 100 sq. ft. = maximum 1,000 square feet
d. Farm/Agricultural Buildings: 1 occupant per 300 sq. ft. = maximum 3,000 square feet
e. Warehouses: 1 occupant per 500 sq. ft. = maximum 5,000 square feet
7. All required details for additions, alterations, or repairs to exempt buildings which cause
the completed buildings to exceed the applicable limitations.
8. Structural alterations of non-exempt buildings.
9. Alterations of non-exempt buildings affecting the life safety of occupants, including but
not limited to the following
a. Change of Use, when a code analysis is required
b. Mechanical, when system plans are required (more than proprietary)
c. Plumbing, when system plans are required (not interceptors)
d. HVAC, when system plans are required (more than manuals D, J, S))
e. Electrical, when system plans are required (means of egress & fire alarm systems)
f. Fuel Gas, when system plans are required (more than sizing)
g. Elevator, State requirements
h. Fire -Resistance -Rated Construction, when system plans are required
i. Fire Protection Systems (suppression, alarm, smoke control)
j. Means of egress, when system plans are required
4
k. Type 1 Hood, when system plans are required
1. Accessibility, when system plans are required
10.Additions, alterations, or repairs affecting accessibility requirements in exempt
buildings, when system plans are required.
Pre -approved and pre-engineered systems shall be approved as complying with the
provisions of this code, when they are installed per the manufacturers' specifications and
installation requirements (listed equipment, listed proprietary products, hood suppression
systems, alarm systems, sprinkler systems, prescriptive requirements, etc.).
107.2.3 Means of egress. ADD the following statements at the end of this subsection.
For buildings and structures classified as Occupancy Category IV in Table 1604.5, or when
required by the building official, separate sheets clearly detailing the life safety plans are
required. Non -related information is prohibited from being on the life safety plans; and,
the life safety plans shall include sufficient detail to determine compliance with this code.
108.1 General. REVISE as follows:
The building official is authorized to issue a permit for temporary structures and temporary
uses. Such permits shall be limited as to time of service, but shall not be permitted for more
than allowed by the Estes Valley Development Code and/or the Estes Park Municipal
Code. The building official is authorized to grant extensions for demonstrated cause.
108.3 Temporary power. REVISE as follows:
The building official and/or the Colorado State Electrical Inspector is authorized to give
permission to temporarily supply and use power in part of an electric installation before
such installation has been fully completed and the final certificate of completion has been
issued. The part covered by the temporary certificate shall comply with the requirements
specified for temporary lighting, heat or power in NFPA 70, as amended and adopted by
the Colorado State Electrical Board.
109.2 Schedule of permit fees. DELETE "electrical."
109.2 Schedule of permit fees. REVISE as follows:
On buildings, structures, gas, mechanical and plumbing systems or alterations requiring a
permit, a fee for each permit shall be paid as required, in accordance with the approved fee
schedule. Other fees shall be assed in accordance with applicable fees established in the
approved fee schedule.
110.3.5 Lath and gypsum board inspection. ADD the following statements at the end;
and, delete the exception.
Interior gypsum board shall not be delivered or installed before the building envelope is
properly protected with water -resistive materials.
110.3.7 Energy efficiency inspections. ADD the following at the end of this subsection:
Insulation shall not be installed before the building envelope is properly protected with water -resistive
materials. Rough insulation inspections are required after cavity insulation has been installed. Insulation
certifications shall be provided for all buildings and structures with conditioned air.
110.7 Contractor's affidavit of compliance. ADD this subsection.
In lieu of requesting an inspection, pre -approved contractors shall be permitted to submit a
Contractor's Affidavit of Compliance for the following work:
5
1. Water service line, new and replacement
2. Foundation damp -proofing, but not water -proofing
3. Foundation perimeter drain, if not engineered
4. Exterior wall and roof sheathing, if not engineered
5. Mid -roof, if typical products and installations
6. Gas pipe, emergency replacement or single section of pipe
7. Venting systems, for fuel -gas appliances, installed in existing concealed spaces such as
chimneys, chases, etc. Examples: fireplace inserts, gas logs, etc.
8. Balance report for commercial forced air conditioned air systems
9. Minor insulation installations
10. Minor gypsum board installations not part of fire -resistance rated construction
11. Pressure test for underground plumbing connected to an existing system, only the test is
exempt, inspection is still required
An inspection in this subsection shall qualify for a Contractor's Affidavit of Compliance, if
it complies with all the following conditions:
1. The contractor shall be pre -approved by the chief building official.
2. The work shall be authorized by the appropriate permit,
3. The work shall be associated with an approved system.
4. The affidavit shall be on a form provided by the chief building official.
A Contractor's Affidavit of Compliance shall not exempt work from corrections, if the
building official determines the work does not comply with the provisions of this code.
111.2 Certificate issued. ADD the following statements at the end of this subsection.
Exception: Certificates of Occupancy arenot required for work exempt from permits
under Section 105.2, miscellaneous permits, accessory buildings, or remodels and
additions to existing buildings. If requested, Certificates of Completion shall be issued
for remodels and additions.
There shall be a fee for Certificates of Occupancy and Certificates of Completion, as set
forth in the adopted fee schedule.
111.3 Temporary occupancy. ADD the following sentence at the end of this
subsection.
There shall be a fee for Temporary Certificates of Occupancy as set forth in the fee
schedule established in 109.2.
113.1 General. REPLACE "applicable governing authority" with "Board of Trustees
of the Town of Estes Park."
SECTION 113 BOARD OF APPEALS. ADD the following subsections to this
SECTION.
113.4 Application for appeal.
A person shall have the right to appeal a decision of the building official to the board of
appeals. Persons appealing a decision of the building official to the Board of Appeals shall
at the time of making such an appeal, pay to the Town of Estes Park, a specified fee as
approved by the Board of Trustees of the Town of Estes Park.
113.5 Application process.
6
The application for appeal shall be filed on a form obtained from the building official
within 20 calendar days after the notice was served.
113.6 Scheduling of hearing.
Upon receipt of a complete and timely appeal, the chief building official shall schedule a
hearing. The hearing shall be held no earlier than fifteen (15) calendar days and no later
than forty-five (45) calendar days after receipt of the appeal, or as soon as possible
thereafter given the availability of the board of appeals members for the appeal hearing.
113.7 Notice of hearing.
Written notice of hearing shall be given to all parties concerned at least fourteen (14)
calendar days prior to the hearing or by mailing the same to such parties' last known
address by regular mail. The Board shall, from time to time, adopt such additional rules and
regulations as it deems necessary and advisable for the conduct of its hearings and for
carrying out the provisions hereof. All meetings or hearings shall be open to the public.
113.8 Written statement.
The chief building official shall make a written statement to the board of appeals on each
appeal request. The chief building official shall make this statement available to the
appellant at least seven (7) calendar days prior to the hearing.
113.9 Administration.
The Board of Appeals' shall render all decisions and findings in writing to the appellant
with a duplicate copy to the building official. The building official shall take immediate
action in accordance with the decision of the board.
113.10 Court review.
The appellant and/or the Town of Estes Park shall have the right to apply to a Colorado
court of competent jurisdiction for a Writ of Certiorari to review the decision of the Board
of Appeals. Application for this review shall be made to the court within thirty (30) days of
the filing of the Board of Appeals' decision with the building official.
This amendment shall be applicable to, and is an amendment to each of the International
Codes adopted and enforced by the Town of Estes Park.
APPENDIX B, BOARD OF APPEALS, is hereby AMENDED and INCLUDED in
SECTION 113 Board of Appeals, and Adopted, as follows:
113.11 Membership of board.
The board of appeals shall consist of persons appointed by the Board of Trustees of the
Town of Estes Park as follows:
1. One for five years; one for four years; one for three years; one for two years; and
one for one year.
2. Thereafter, each new member shall serve for five years or until a successor has been
appointed.
113.11.1 Alternate members.
The Board of Trustees of the Town of Estes Park shall appoint two alternate
members who shall be called by the board chairperson to hear appeals during the
absence or disqualification of a member. Alternate members shall possess the
qualifications required for board membership and shall be appointed for five
years, or until a successor has been appointed.
113.11.2 Qualifications.
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The board of appeals shall consist of five individuals, one from each of the
following professions or disciplines:
1. Registered design professional with architectural experience or a builder or
superintendent of building construction with at least ten years' experience, five of
which shall have been in responsible charge of work.
2. Registered design professional with structural engineering experience.
3. Registered design professional with mechanical and plumbing engineering
experience or a mechanical contractor with at least ten years' experience, five of
which shall have been in responsible charge of work.
4. Registered design professional with electrical engineering experience or an
electrical contractor with at least ten years' experience, five of which shall have
been in responsible charge of work.
5. Registered design professional with fire protection engineering experience or a
fire protection contractor with at least ten years' experience, five of which shall
have been in responsible charge of work.
113.11.3 Quorum.
Four members shall constitute a quorum to conduct official business of the
Board of Appeals.
113.11.4 Rules and procedures.
The board is authorized to establish policies and procedures necessary to carry
out its duties.
113.11.5 Chairperson.
The board shall annually select one of its members to serve as chairperson.
113.11.6 Disqualification of member.
A member shall not hear an appeal, in which that member has a personal,
professional or financial interest.
113.11.7 Secretary.
The Town Administrator shall designate a qualified clerk to serve as secretary
to the board. The secretary shall file a detailed record of all proceedings in the
office of the Town Administrator.
113.11.8 Compensation of members.
Compensation of members shall be determined by law.
113.12 Notice of meeting.
The board shall meet upon notice from the chairperson, within forty-five (45) calendar
days after the filing of an appeal, or as soon as possible thereafter given the availability
of the board of appeals members for the appeals hearing, or at stated periodic meetings.
113.12.1 Open hearing.
All hearings before the board shall be open to the public. The appellant, the
appellant's representative, the building official and any person whose interests are
affected shall be given an opportunity to be heard.
113.12.2 Procedure.
The board shall adopt and make available to the public through the secretary
procedures under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
113.12.3 Postponed hearing.
8
When five members are not present to hear an appeal, either the appellant or the
appellant's representative shall have the right to request a postponement of the
hearing.
113.13 Board decision.
The board shall modify or reverse the decision of the building official by a concurring
vote of two-thirds of its members.
113.13.1 Resolution.
The decision of the board shall be by resolution. Certified copies shall be
furnished to the appellant and to the building official.
113.13.2 Administration.
The building official shall take immediate action in accordance with the decision
of the board.
113.14 References.
In this Code and in all adopted International Building Codes, all references to the board
of appeals and/or means of appeal shall be the board of appeals as amended and
adopted in the 2009 International Building Code.
406.1.4 Separation. REVISE the first two sentences of item 1, as follows:
1. The private garage shall be separated from the dwelling unit and its attic area by means
of a minimum 5/8-inch (15.9 mm) Type X gypsum board or equivalent, applied to the
garage side. Construction supporting the separation shall be protected by means of a
minimum 5/8-inch (15.9 mm) Type X gypsum board or equivalent, applied to the garage
side.
501.2 Address identification. ' ADD the following statement at the end of this
subsection.
... and the approved address numbers shall be displayed next to the driveway entrance
leading to the permitted project. Address numbers shall be illuminated or reflective and
shall be clearly readable from the right of way.
903.2.7 Group M. ADD the following qualification to the end of condition 4.
... and is contained within a fire area exceeding 5,000 square feet (372m2).
1009.4.1 Dimension reference surfaces. DELETE the exception.
1009.6.3 Enclosures under stairways. Change 1/2 inch to 5/8 inch Type X (15.9mm).
1011.1 Where required. ADD the following statements at the end of this subsection.
Floor -level exit signs shall be provided in all corridors serving guest rooms of hotels in
Group R, Division 1 Occupancies. The bottom of such sign shall not be less than 6 inches
(152 mm) or more than 8 inches (203 mm) above the floor level and shall indicate the path
of exit travel. For exit and exit -access doors, the sign shall be on the door or adjacent to the
door with the closest edge of the sign within 4 inches (102 mm) of the doorframe.
This amendment shall be applicable to, and is an amendment to the International Existing
Building Code, as adopted by the Town of Estes Park.
1029.1 General. DELETE Exceptions 4 and 7.
9
1029.2 Minimum size. ADD the following text at the end of the Exception.
Grade floor openings are those openings which are a maximum 44 inches above finished
grade immediately outside the opening for a minimum 36 inch square area centered on the
opening. The area immediately outside the opening shall be reasonably accessible to
emergency responders.
1101.2 Design. ADD the following statements at the end of this subsection.
Federal and/or state laws and regulations apply to the construction of facilities for
accessibility to physically disabled persons. The Chief Building Official does not have the
authority to interpret or the responsibility to enforce Federal and State accessibility laws. It
is the responsibility of property owners, professional designers, and contractors to comply
with Federal and State accessibility laws and requirements.
1107.6 Group R. ADD the following provisions at the endof this subsection.
Additionally, Group R occupancies shall be provided with dwelling units or guest rooms
accessible to the physically handicapped as specified in the 2010 Colorado Revised
Statutes Title 9 Article 5 Section 105 or as amended, which is hereby adopted by reference.
1208.2 Minimum ceiling heights. ADD Exception 4.
4. All basements in new construction, other than those basements clearly identified as
cellars or mechanical spaces, shall have ceiling heights as required for habitable
spaces. Where existing non -habitable basements, constructed prior to the adoption
of this code, are being converted to habitable uses, the building official shall be
permitted to approve a minimum clear ceiling height of 6 foot 8 inches (2032 mm)
from the finished floor; and beams, girders, ducts or other obstructions may project
to within 6 feet, 4 inches (1931 mm) of the finished floor.
1405.13.2 Window sills. DELETE this subsection.
1509.6 Roof Curbs. ADD, the following subsection.
Mechanical units, ducts, piping or structures shall not be installed or replaced or rest on
roofs without being properly supported by curbs, pads, bases or piers which shall be
flashed to the roofing in a watertight manner. All unsupported sections of mechanical
equipment shall be a minimum of twelve (12) inches (304.8 mm) above the plane of the
roof so that they will not obstruct the re -roofing process. Mechanical units shall properly
connect to heating, air handling, refrigeration and ventilation equipment, including fans,
blowers, and similar types of equipment. Units shall be so located that proper drainage
from the roof will not be blocked or impeded. Roof openings surrounded by curbs shall be
sheathed over solidly and covered with a minimum of twenty-six (26) gauge (0.48 mm)
metal approved for the use, or of equal material. All seams and miter corners shall be
constructed in a watertight manner. Such curbs shall be a minimum of nine (9) inches
(228.6 mm) in height.
Table 1607.1 ADD the following to Occupancy or Use 5.
Residential Decks 60 Uniform (psf)
Residential Decks with hot tubs 100 Uniform (psf)
Table 1607.1 REVISE Occupancy or Use 27: Habitable attics and sleeping areas.
10
Change 30 Uniform (psf) to 40 Uniform (psf)
TABLE 1608.2, DELETE the original table; and, REPLACE it as follows:
TABLE 1608.2
MINIMUM DESIGN GROUND SNOW LOADS. P0. for the Town of Estes Park
ELEVATION
SNOW LOAD
7,000 to 8,000 feet (2133.6M to 2438.3M)
45 psf
8,001 to 9,000 feet (2438.7M to 2743.2M)
55 psf
9,001 feet and above (2743.5M & up)
70 psf
1609.3 Basic Wind Speed. ADD the following text at the end of the first; paragraph of
this subsection.
140 mph (3 second gust) shall be the basic wind speed, determined in accordance with
Section 6.5.4 of ASCE 7. This wind speed is in accordance with the Colorado Front Range
Gust Map, Design Wind Speeds for use with IBC and ASCE 7, which is a part of this code
by reference. Default Exposure shall be C, unless a Colorado registered professional
engineer or licensed architect proposes alternate exposures based on site specific
conditions. Designers shall be permitted to take advantage of site and structure specific
conditions including, but not limited to, Exposure B when appropriate and altitude
correction as follows:
Altitude Correction Factors for Wind Pressures
Altitude (ft) up to
7,000
8,000
9,000
10,000
Pressure Correction Factor
0.81
0.79
0.76
0.74
For structures not required_ to be designed by a Colorado registered professional engineer or
licensed architect, the provisions of AF&PA WFCM, ICC 600, or equivalent pre-
engineered designs shall be permitted. These designs, at 120 mph (3 second gust),
Exposure. B, with no correction for altitude and no other adjustments/reductions shall be
permitted as alternate equivalent designs. For structures required to be designed by a
Colorado registered professional engineer or licensed architect, submittals shall specify the
minirnum sea -level design wind speed as 140 mph (3 second gust), the exposure, the
elevation, and the elevation -based pressure correction factor, if used.
1611.1 Design rain loads. ADD the following minimum design criteria.
Minimum design rain loads
Location Inches/Hour GPM/Sq. Ft.
60-Minute Duration, 100-Year Return: Estes Park 2.66 .0275
11
1612.3 Establishment of flood hazard areas. REVISE this subsection as follows:
To establish flood hazard areas, the Town Board of Trustees of the Town of Estes Park
shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at
a minimum, areas of special flood hazard as identified by the Federal Emergency
Management Agency in an engineering report entitled "The Flood Insurance Study for the
Town of Estes Park," dated December 19, 2006, as amended or revised with the
accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map
(FBFM) and related supporting data along with any revisions thereto. The adopted flood
hazard map and supporting data are hereby adopted by reference and declared to be part of
this section.
1613.5.3 Site coefficients and adjusted maximum considered earthquake spectral
response acceleration parameters. ADD the following minimum design criteria at the
end of this subsection.
Minimum Seismic Design criteria shall be:
Earthquake 0.2 sec spectral response acceleration Ss = 22.5, Site Class B
Earthquake 1.0 sec spectral response acceleration Si = 7.00, Site Class B
1706.1 Special inspections for wind requirements. ADD the following statement to the
beginning of this subsection.
When required by the building official,
1805.3 Waterproofing. ADD the following statement at the end of this subsection.
Foundation walls that enclose habitable spaces on the uphill side of a building, and positive
drainage away from the wall is not provided, as determined by the building official, shall
be waterproofed in compliance with the provisions of this subsection.
1805.4.2 Foundation drain. ADD the following statement at the end of this subsection.
Foundation drains are part of the design of the foundation system. Foundation drains are
required for all habitable structures unless the foundation design is prepared by a Colorado
registered professional engineer or licensed architect or specifically exempted by the
building official on a site -specific basis. When required by the building official, foundation
drains shall be designed and/or inspected by a Colorado registered professional engineer or
licensed architect.
1805.4.3 Drainage discharge. ADD the following statement at the end of this
subsection.
Foundation perimeter drains shall not discharge into public sewer systems.
1808.1 General. ADD the following text at the end of this subsection.
The minimum design requirements for foundation systems shall be the Town of Estes Park,
Division of Building Safety, Minimum Design Criteria for Non -Engineered Poured
Concrete Foundations, and/or Minimum Design Criteria for Non -Engineered Masonry
Foundations.
Exception: Foundations designed and the construction drawings stamped by a
Colorado registered professional engineer or licensed architect.
When required by the building official, foundations shall be designed and the construction
drawings stamped by a Colorado registered professional engineer or licensed architect.
12
1809.5 Frost protection. ADD the following text to the end of method 1.
30 inches (762 mm) minimum.
1809.5 Frost protection. ADD Exception 2.
Exception 2. An unheated detached one story accessory building may be placed on a
slab -on -ground, cast monolithically with a footing placed at least 12 inches (9305 mm)
below undisturbed ground and one No. 5 bar or two No. 4 bars shall be located in the
middle of the footing depth. Such accessory buildings shall have a maximum depth
(truss length) of 24 feet (7.31m) and the maximum width shall not exceed twice the
depth (24 feet / 7.31m x 48 feet / 14.5m maximum).
3412.2 Applicability. INSERT 1948.
In this Code and in all adopted International Codes, all references to the insertion of the
effective date of the adoption of building codes in the Town of Estes Park shall be amended
to "1948".
CHAPTER 36 WILDFIRE HAZARD MITIGATION. ADD this chapter.
Wildfire hazard mitigation requirements for new construction shall be pursuant to the
Larimer County Wildfire Mitigation Plan.
Appendix J — Grading. APPENDIX J is herebyadopted by reference; and, the
following subsection is added.
J103.3 Grading fees. Fees shall be assessed in accordance with the approved fee schedule.
13
EXHIBIT B
2009 INTERNATIONAL EXISTING BUILDING CODE AMENDMENTS
101.4.2 Buildings previously occupied. REVISE this subsection as follows:
The legal occupancy of any building existing on the date of adoption of this code shall be
permitted to continue without change, except as is specifically covered in this code, the
International Fire Code adopted and enforced by the Estes Valley Fire Protection District, or as is
deemed necessary by the code official for the general safety and welfare of the occupants and the
public.
102.6 referenced provisions. ADD this subsection.
The provisions in other International Codes, as amended and adopted, shall be part of this code,
as applicable.
1004.1 Smoke alarms in existing portions of a building. REVISE the SECTION title to
SMOKE ALARMS IN R OCCUPANCIES; AND, Change " Group R-3 or R-4" to " Group
R."
This amendment shall be applicable to, and is an amendment to the International Building Code,
as adopted by the Town of Estes Park.
[B] 1301.2 Applicability. INSERT "1948."
1
EXHIBIT C
2009 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS
R101.2 Scope. ADD exception 2 as follows:
2. Regardless of the R Occupancy Group, as defined in the International Building Code,
non -mixed use residential buildings and accessory structures designed in compliance with
the design provisions of this code, shall be permitted to comply with the provisions of
this code. Accessibility requirements shall be applicable, based on use.
This amendment shall be applicable to, and is an amendment to the International Building Code
and the International Existing Building Code, as adopted by the Town of Estes Park.
R102.4 Referenced provisions. REVISE this subsection as follows:
Amendments to this code shall be applicable to, and are amendments to the relevant sections of
other International Codes adopted by the Town of Estes. Park. The provisions in other
International Codes, as amended and adopted, shall be part of this code, as applicable.
R105.2 Work exempt from permit. Building:
CHANGE the floor area in item 1, from 200 square feet to 120 square; feet.
DELETE exemption 10.
'fable K301.2. (1), Climatic and Geographic Design Criteria, COMPLETE as follows:
ZOUND
\IOW
GA
WIND DESIGN
SEISMIC
DESIGN
CATEGORY`
SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP`
ICE BARRIER
UNDERLAYMENT
REQUIRED'
FLOOD
HAZARDS',INDEX'
AIR
FREEZING
MEAN
ANNUAL
TEMP'
d
(mp)
Toeffectphl`
Weathering"
Frost
depth lineTermite`
*
140
NO
B
SEVERE
30"
sttght to
Moderate
1°
YES
***
926
43°
* Minimum Design Ground Snow Loads, Pg, for the Town of Estes Park
ELEVATION
SNOW LOAD
7,000 to 8,000 feet (2133.6M to 2438.3M)
45 psf
8,001 to 9,000 feet (2438.7M to 2743.2M)
55 psf
9,001 and above (2743.5M & up)
70 psf
Ice barriers are required on all low slope roofs (slopes less than 4/12)
Community Name: Town of Estes Park
Community Number: 080296
Community Panels: 1089, 1093, 1094, 1113, 1281, 1282, 1284, 1301, 1325
Initial Identification Date:
Initial NFIP Map Date:
Initial FIRM Date:
Most Recent FIRM Date:
(1300 not printed)
September 19, 1975
September 19, 1975
January 17, 1979
December 19, 2006
Initial NFIP Participate Date: May 4, 1987
Minimum Design Loads not specified in this table shall be those specified in Chapter 16 of the
2009 International Building Code, as amended and adopted by the Town of Estes Park.
1
Footnotes to Table R301.2. (1), Climatic and Geographic Design Criteria
Add the following statement at the end of footnote d.
Exposure C is default, unless a Colorado Licensed Design Professional proposes alternate
exposures based on site specific conditions.
R301.2.1.1 Design criteria. REVISE the first sentence of this subsection as follows:
In the Town of Estes Park, the design of buildings shall be in accordance with one of the
following methods. The elements of design not addressed by those documents in Items 1
through 4 shall be in accordance with this code.
R302.2 Townhouses. DELETE the Exception.
R302.2.4 Structural independence. REVISE this subsection as follows:
Each individual townhouse shall be structurally independent.
Exceptions:
1. Noncombustible foundations supporting exterior walls.
2. Wall and roof coverings which are nonstructural.
3. Flashing at termination of roof covering
R302.6 Dwelling/garage fire separation. DELETE Table R302.6 and REVISE the text as
follows:
The private garage shall be separated from the dwelling unit and its attic area by means of a
minimum 5/8-inch (15.9 mm) Type X gypsum board applied to the garage side. Garages beneath
habitable rooms shall be separated from all habitable rooms above by not less than a 5/8-inch
(15.9 mm) Type X gypsum board or equivalent. Door openings between a private garage and the
dwelling unit shall be equipped with either solid wood doors or solid or honeycomb core steel
doors not less than 13/8 inches (34.9 mm) thick, or doors in compliance with Section 715.4.3.
Openings from a private garage directly into a room used for sleeping purposes shall not be
permitted. Doors shall be self -closing and self -latching. Openings in garage walls shall comply
with Section R302.5.
R302.7 Under -stair protection.: CHANGE "1/2 inch (12.7 mm)" to "5/8 inch (15.9 mm)
Type X."
R305.1 Minimum height. REVISE the leading sentence and ADD Exception 3 as follows:
Habitable rooms, hallways, corridors bathrooms, toilet rooms, laundry rooms and basements
shall have a ceiling height of not less than 7 feet (2134 mm). The required height shall be
measured from the finish floor to the lowest projection from the ceiling.
Exceptions:
3. Beams and girders spaced not less than 4 feet (1219 mm) on center may project not
more than 6 inches (152 mm) below the required ceiling height.
R310.1 Emergency escape and rescue required. ADD "openings" to the title; DELETE the
exception; and, add the following subsection.
R310.1.1 Minimum opening area.
All emergency escape and rescue openings shall have a minimum net clear opening of 5.7 square
feet (0.530 m2).
2
R311.7.4.1 Riser height. ADD the following sentence at the beginning of this subsection.
The minimum riser height shall be 4 inches (102 mm).
R313.2 One- and two-family dwelling automatic fire systems. DELETE the original text
and REPLACE it with the following text.
In this Code and in all adopted International Codes, all references requiring automatic sprinkler
systems in one- and two-family dwellings regulated by the IRC shall be amended by deleting the
requirement of automatic sprinkler systems, except live/work units scoped in the IBC SECTION
419. If installed, automatic residential fire sprinkler systems may be designed and installed in
accordance with Section P2904 or NFPA 13D.
R320.1 Scope. REVISE this subsection as follows:
Where there are four or more dwelling units or sleeping units in a single structure, regardless of
whether such units are separated by fire -resistance -rated assemblies, the accessibility provisions
of Chapter 11 of the International Building Code for R Occupancies, shall apply.
R322.1 General. ADD the following at the end of this subsection.
... and in accordance with the provisions contained in Flood -plain Regulations established in the
Estes Park Municipal Code.
R322.1.2 Structural systems. REVISE this subsection to require "a minimum of one (1)
foot (305 mm) above" the design flood elevation.
R322.2.1 Elevation requirements. REVISE this subsection to require "a minimum of one
(1) foot (305 mm)" above the design flood elevation DELETE the exception; and DELETE
subsection R322.2.2.
R401.4.1 Geotechnical evaluation. ADD the following at the end of this subsection:
Unless determined otherwise by a Colorado registered engineer, licensed architect or the
building official, the maximum presumptive load -bearing pressure of foundation soils shall be
4,000 pounds per square foot. Based on site specific conditions, lower values may be assigned
by the building official, unless a geotechnical report is provided.
This amendment shall be applicable to, and is an amendment to the International Building Code
and the International Existing Building Code, as adopted by the Town of Estes Park.
R403.1.6 Foundation anchorage. REVISE the first three sentences of this subsection, as
follows:
Unless otherwise required by engineered or approved prescriptive designs, -sill plates and walls
supported directly on continuous foundations shall be anchored to the foundation in accordance
with this section.
Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels
at building interiors on monolithic slabs, all wood sill plates and cold -formed steel bottom tracks
shall be anchored to the foundation with anchor bolts spaced a maximum of 4 feet (1219 mm) on
center. Bolts shall be at least 1/2 inch (12.7 mm) in diameter and shall extend a minimum of 7
inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and 2" x 2" x
3/16"washer shall be tightened on each anchor bolt.
3
R408.3 Unvented crawl space. ADD condition 3.
3. Provide ventilation to crawl space while building is under construction.
R903.6 Ice barrier required. ADD the following subsection.
An ice barrier, such as a self -adhering polymer modified bitumen sheet, shall be installed on the
entire area of roof slopes from two units vertical in 12 units horizontal (17-percent slope), up to
four units vertical in 12 units horizontal (33-percent slope).
Exceptions:
1. Roof slopes four units vertical in 12 units horizontal (33-percent slope) and steeper.
2. Detached accessory structures that contain no conditioned floor area.
This amendment shall be applicable to, and is an amendment to the International Building Code
and the International Existing Building Code, as adopted by the Town of Estes Park.
R907.1 General. ADD the following, after the first sentence.
No portion of an existing non -rated roof covering may be permanently replaced or covered with
more than one square of non -rated roof covering.
This amendment shall be applicable to, and is an amendment to the International Building Code
and the International Existing Building Code, as adopted by the Town of Estes Park.
P3114.3 Where permitted. ADD the following at the end of this subsection:
Air admittance valves shall be used only when necessitated by structural and finish constraints.
Air admittance valves shall be permitted only when necessary to avoid damage to structural
members and/or damage to interior wall or ceiling finishes. The use of air admittance valves
shall be pre -approved by the building official.
This amendment shall be applicable to, and is an amendment to the International Building Code
and the International Existing Building Code, as adopted by the Town of Estes Park.
P3301. Drainage discharge. ADD this subsection.
Storm water shall not discharge into public sewer systems.
APPENDIX F RADON CONTROL METHODS -is hereby adopted by reference, and
AF101.1 General is REVISED by adding the following statements.
Radon -resistant construction is not required; however, when radon mitigation systems are
provided they shall comply with the provisions of this appendix.
APPENDIX G — SWIMMING POOLS, SPAS, AND HOT TUBS -is hereby adopted by
reference.
APPENDIX H — PATIO COVERS -is hereby adopted by reference.
APPENDIX J — EXISTING BUILDINGS AND STRUCTURES -is hereby adopted by
reference. In this code, these provisions shall be known as APPENDEX K.
4
EXHIBIT D
2009 INTERNATIONAL FUEL GAS CODE AMENDMENTS
102.12 Referenced provisions. ADD this subsection as follows:
Amendments to this code shall be applicable to, and are amendments to the relevant sections of
other International Codes adopted by the Town of Estes Park. The provisions in other
International Codes, as amended and adopted, shall be part of this code, as applicable.
110.2 Conformance. ADD the following text at the end of this subsection.
During the construction process, heat shall not be provided by permanent appliances when the
appliance manufacture specifically prohibits such use. When use during construction is not
specifically prohibited by the manufacturer, permanent appliances may be used for heat, provided,
prior to requesting final inspection, the appliances shall be cleaned and certified. Additionally, prior
to requesting final inspection, all use and restoration requirements of the appliance manufacturer
shall be complied with and documented. The contractor providing and/or installing the appliances
and/or equipment shall provide said documentation to the chief building official in the form of a
Contractor's Affidavit of Compliance.
303.3 Prohibited locations. DELETE exceptions 3 and 4, and RENUMBER the last
location from 5 to 3.
401.6 Interconnections. ADD the following sentence at the end of this subsection.
Where two or more meters are installed on the same building, they shall be located at one
approved location. This requirement shall not apply to attached buildings divided with real
property lines.
404.7 Above -ground outdoor piping. REVISE this subsection as follows:
All piping installed outdoors shall be elevated not less than 6 inches (152 mm) above ground and
where installed across roof surfaces, shall be elevated not less than 3 1/2 inches (152 mm) above
the roof surface. Piping installed above ground, outdoors, and installed across the surface of
roofs shall be securely supported and located where it will be protected from physical damage.
Ferrous metals in exposed exterior locations shall be protected from corrosion in a manner
satisfactory to the building official. Where passing through an outside wall, the piping shall also
be protected against corrosion by coating or wrapping with an inert material. Where piping is
encased in a protective pipe sleeve, the annular space between the piping and the sleeve shall be
sealed.
404.10 Minimum burial depth. REVISE the minimum burial depth from 12 inches (305
mm) to 18 inches (457.2 mm).
404.10.1 Individual outside appliances. REVISE the minimum burial depth from 8 inches
(203 mm) to 18 inches (457.2 mm).
1
404.13 Outlet closures. REVISE the leading statement and add exception 2 as follows:
Gas outlets and fittings which allow for future gas line expansion and do not connect to
appliances shall be provided with approved gas shutoff valves with the ends plugged or capped
gas tight.
Exceptions:
2. Drip/Dirt legs which are installed at the floor level at appliances.
405.1 General. REVISE this subsection as follows:
Changes in direction of hard metallic pipe shall be permitted to be made by the use of fittings or
factory bends.
406.4.1 Test pressure. REVISE the pressure test requirement from 3 psig (20 kPa gauge),
to 10 psig (68.95 kPa gauge).
410.3 Venting of regulators. REVISE this subsection as follows:
Pressure regulators that require an independent vent shall be vented directly to the outdoors. The
vent shall be designed to prevent the entry of insects, water and foreign objects. Vents shall not
terminate within 3 feet (914mm) of openings into the building.
411.1.2 Protection from damage. ADD the following sentence at the end of this subsection:
Connectors and tubing shall not be installed through the sidewall of the appliance served.
501.8 Appliances not required to be vented. REVISE this subsection by revising item 1 to
electric ranges; DELETING items 5, 8, 9 and 10; and RENUMBERING the remaining
items.
503.2.2 Well -ventilated Spaces. DELETE this subsection.
603.1 Log lighters. ADD the following sentence at the end of this subsection.
Log lighters without an automatic gas shut-off safety feature are prohibited.
614.1 Installation. ADD the following sentence at the end of this subsection.
Dryer exhaust duct terminations shall not be located within 3 feet (914 mm) of openings into the
building.
621 UNVENTED ROOM HEATERS. REVISE this SECTION by deleting the entire text
and replacing it with the following text.
In this Code, all references approving the use(s) of unvented fuel gas appliances shall be
amended to prohibit the use of unvented fuel gas appliances, except as permitted in section 501.8
of this code, as amended.
623.2 Prohibited location. ADD the following exception at the end of this subsection.
Exception:
Commercial appliances may be installed in residential applications, when installed in
accordance with all of the requirements of the product's listing and the manufacturer's
installation specifications
2
623.3 Domestic appliances. ADD the following sentence at the end of this subsection.
Household -type appliances shall be installed in accordance with manufacturer's listing in regards
to clearance to combustibles.
623.3.1 Residential kitchens. ADD this subsection as follows:
Residential kitchens with gas ranges shall be supplied with an exhaust system vented to the
outside. Ducts serving kitchen exhaust systems shall not terminate in an attic or crawl space
or areas inside the building and shall not induce or create a negative pressure in excess of
negative 3 Pa. effecting gravity venting appliances.
APPENDIX A — SIZING AND CAPACITIES OF GAS PIPING -is hereby adopted by reference.
APPENDIX B — SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED
WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR
USE WITH TYPE B VENTS- is hereby adopted by reference.
APPENDIX C — EXIT TERMINALS OF MECHANICAL DRAFT AND DIRECT -VENTING
SYSTEMS- is hereby adopted by reference.
EXHIBIT E
2009 INTERNATIONAL MECHANICAL CODE AMENDMENTS
102.12 Referenced provisions. ADD this subsection as follows:
Amendments to this code shall be applicable to, and are amendments to the relevant sections of
other International Codes adopted by the Town of Estes Park. The provisions in other
International Codes, as amended and adopted, shall be part of this code, as applicable.
108.4 Violation penalties. REVISE this subsection as follows:
Persons who shall violate a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter or repair mechanical work in violation of
the approved construction documents or directive of the code official, or of a permit or certificate
issued under the provisions of this code, shall be guilty of a violation of this code, and shall be
subject to penalties as prescribed by law. Each day that a violation continues after due notice has
been served shall be deemed a separate offense.
108.4.1 Specific violations. All references to a specific offense shall be amended to "a
violation of this code."
108.4.2 Specific penalties. All references to specific penalties shall be amended to "shall be
subject to penalties as prescribed by law."
110.2 Conformance. ADD the following text to the end of this subsection.
During the construction process, heat shall not be provided by permanent appliances when the
appliance manufacture specifically` prohibits such use. When use during construction is not
specifically prohibited by the manufacturer, permanent appliances may be used for heat, provided,
prior to requesting final inspection, the appliances shall be cleaned and certified. Additionally, prior
to requesting final inspection, all use and restoration requirements of the appliance manufacturer
shall be complied with and documented. The contractor providing and/or installing the appliances
and/or equipment shall provide said documentation to the chief building official in the form of a
Contractor's Affidavit of Compliance.
312.1 Load calculations. REVISE this subsection as follows:
Heating and cooling system design loads for the purpose of sizing systems, appliances and
equipment shall be determined in accordance with the procedures described in the
ASHRAE/ACCA Standard 183. Heating and cooling loads shall be adjusted to account for load
reductions that are achieved when energy recovery systems are utilized in the HVAC system in
accordance with the ASHRAE Handbook - HVAC Systems and Equipment. Alternatively,
design loads shall be determined by an approved equivalent computation procedure, using the
design parameters specified in Chapter 3 of the International Energy Conservation Code.
403.7 Balancing. ADD the following sentences at the end of this subsection:
This requirement shall be the system performance test conducted at final inspection. It shall be
the responsibilities of designer's and contractor's to design and install the system so as to
achieve the required airflow rates with properly sized and properly installed equipment and
ducts.
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504.1 Installation. ADD the following statement at the end of this subsection:
Dryer exhaust duct terminations shall not be located within 3 feet (914.4 mm) of an opening into
the building.
505.3 Kitchens with gas ovens. ADD this subsection as follows:
Kitchens with gas ovens shall be supplied with an exhaust system vented to the outside. Ducts
serving these exhaust systems shall not terminate in an attic, crawl space or areas inside the
building and shall not create a negative pressure in excess of negative 3 Pa. effecting gravity -
venting appliances.
506.3.10.4 Duct enclosure not required. DELETE this subsection.
506.3.12.2 Termination through an exterior wall. ADD the following sentences at the end
of this subsection:
Such terminations shall not be located above or within 5 feet horizontally of an area used for
public access. Such terminations shall not be located less than 10 feet above adjoining grade
measured within 10 feet of the termination.
507.2.1 Type I hoods. ADD the following text at the end of this subsection:
..., such as occurs with griddles, fryers, broilers, ovens, ranges, wok ranges, etc.
602.3 Stud cavity and joist space plenums. REVISE the text before the list of conditions;
and, ADD condition 6 as follows:
Combustible stud wall cavities and the spaces between solid floor joists shall not be utilized as
air plenums.
Exception: Combustible stud wall cavities within dwelling units may be used as plenums
provided they comply with the following conditions:
6. Combustion air plenums and all plenums outside the thermal envelope shall comply with the
requirements of the IECC.
603.2 Duct sizing. REVISE this subsection as follows:
Ducts installed within a single dwelling unit shall be sized in accordance with ACCA Manual D
or other approved methods; and installed in accordance with International Energy Conservation
Code subsection 403.2. Ducts installed within all other buildings shall be sized in accordance
with the ASHRAE Handbook of Fundamentals or other equivalent computation procedure.
603.18 Duct protection during construction. ADD this subsection.
During construction, all duct systems shall be protected from entrance of dirt and debris.
Construction debris, dirt and dust shall be removed from ducts and furnace filters replaced prior
to final inspection. Prior to requesting a final inspection, if the ducts have not been properly
protected or if they were used for construction heat, they shall be cleaned and so certified. The
contractor who installed the duct system shall provide said documentation to the chief building
official in the form of a Contractor's Affidavit of Compliance.
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607.1.1.2 Combustion air ducts and combustion air openings. ADD this subsection.
Combustion air ducts and combustion air openings shall not penetrate fire -resistance -rated
assemblies where fire dampers, smoke dampers, or fire and smoke dampers are required.
607.4 Access and identification. REVISE this subsection as follows:
Fire and smoke dampers shall be provided with an approved means of access, large enough to
permit inspection and maintenance of the damper and its operating parts. The access shall not affect
the integrity of fire -resistance -rated assemblies. The access openings shall not reduce the fire -
resistance rating of the assembly. Access points shall be permanently identified on the exterior of
the damper sleeve or duct and located such that removal of finish work is not required, by a label
having red letters not less than 0.5 inch (12.7 mm) in height reading: FIRE/SMOKE DAMPER,
SMOKE DAMPER or FIRE DAMPER. Access doors in ducts shall be tight fitting and suitable for
the required duct construction.
801.19 Multistory prohibited. REVISE this subsection as follows:
Common venting systems for appliances located on more than one floor level shall be prohibited,
except engineered systems where all of the appliances served by the common vent are located in
rooms or spaces that are accessed only from the outdoors. The appliance enclosures shall not
communicate with the occupiable areas of the building.
901.5 Log lighters. ADD this subsection.
Log lighters without an automatic shut-off safety feature are prohibited.
903.3 Unvented gas log heaters. REVISE this subsection as follows:
An unvented gas log heater shall not be installed in a factory -built fireplace.
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EXHIBIT F
2009 INTERNATIONAL PLUMBING CODE AMENDMENTS
101.3 Intent. ADD the following at the end of this subsection:
All references to a plumbing code shall be amended to the International Plumbing Code as
amended and adopted by the Examining Board of Plumbers of the State of Colorado.
All references to the "International Private Sewage Disposal Code" shall be amended to the most
recent edition of the Larimer County Individual Sewer System Regulation enforced by the
Larimer County Health Department.
102.12 Referenced provisions. ADD this subsection as follows:
Amendments to this code shall be applicable to, and are amendments to the relevant sections of
other International Codes adopted by the Town of Estes Park. The provisions in other
International Codes, as amended and adopted, shall be part of this code, as applicable.
107.7 Connection of service utilities. ADD the following sentence and design standard at
the end of this subsection.
Water service meters shall be installed per the design standard of the Town of Estes Park Water
Department, which is attached. There shall be approved unions before the first gate valve and
after the last gate valve, allowing the entire assembly of the pressure reducing valve, meter and
backflow prevention device, to be removed without cutting into the water service line. The
provisions of the applicable National Electrical Code shall govern the requirement for a bonding
jumper; to maintain required bonding should the meter assembly be removed.
202. BUILDING DRAIN. REVISE the definition as follows:
That part of the lowest piping of a drainage system that receives the discharge from soil, waste
and other drainage pipes inside and that extends beyond the exterior walls of the building to the
cleanouts required by section 708.3.5, and conveys the drainage to the building sewer.
305.5 Pipes through or under footings or foundation walls. REVISE this subsection as
follows: Any pipe that passes under a footing or through a foundation wall shall be provided
with a relieving arch, or a pipe sleeve pipe shall be built into the foundation wall. The sleeve
shall be a minimum one pipe size greater than the pipe passing through the wall. Pipes shall not
pass through footings.
305.6 Freezing. ADD the following sentence at the end of this subsection:
Exterior water supply system piping shall be installed not less than 60 inches (1525 mm) below
grade.
305.6.1 Sewer depth. DELETE the original text and REPLACE it with the following text:
Private sewage disposal systems shall comply with the most recent edition of the Larimer County
Individual Sewer System Regulation enforced by the Larimer County Health Department.
312.5 Water supply system test. REVISE the required minimum air pressure test from 50
psi to 80 psi (550 kPa).
1
312.6 Gravity sewer test. DELETE the original text and REPLACE it with the following
text:
If connected to a public sewer, the building sewer downstream of the double cleanouts required
by 708.3.5 shall be regulated by the requirements of the appropriate sanitation district. If
connected to a private septic system, the building sewer downstream of the double cleanouts
shall be regulated by the most recent edition of the Larimer County Individual Sewer System
Regulation enforced by the Larimer County Health Department.
312.7 Forced sewer test. DELETE the original text and REPLACE it with the following
text:
If connected to a public sewer, the building sewer downstream of the double cleanouts required
by 708.3.5 shall be regulated by the requirements of the appropriate sanitation district. If
connected to a private septic system, the building sewer downstream of the double cleanouts
required by 708.3.5 shall be regulated by the requirements of the most recent edition of the
Larimer County Individual Sewer System Regulation enforced by the Larimer County Health
Department.
312.10 Inspection and testing of backflow prevention assemblies. ADD the following
sentence at the end of this subsection:
All backflow prevention assemblies shall be in compliance with the requirements of and be
approved by the Town of Estes Park Water Department.
312.10.1 Inspections. ADD the following sentence at the end of this subsection:
All backflow prevention assemblies and air gaps shall be in compliance with the requirements of
and be approved by the Town of Estes Park Water Department.
314.1 Fuel -burning appliances. ADD the following statement after the first sentence in this
subsection.
Condensate shall not discharge into a street, alley or other areas so as to cause a nuisance.
403.3.2 ADD the following at the end of this subsection.
Public facilities within the distance of 500 feet shall be considered as complying with the
requirements of 403.3.2, provided the occupancy has existing separate sex facilities which
comply with accessibility requirements.
603.1 Size of water service pipe. ADD the following exception to this subsection:
Exception:
Water service pipe may be sized by the design standard "Maximum Units per Meter
Size" of the Town of Estes Park Water Department.
2
603.2 Separation of water service and building sewer. CHANGE the dimensional
separation requirement from 5 feet to ten (10) feet, DELETE both exceptions, and
REPLACE them as follows:
Exception:
The required separation distance shall not apply, provided the water service pipe or the
sewer service pipe is sleeved for all portions not complying with the ten (10) foot (3048
mm) separation requirement. The sleeve shall be any of the pipe materials listed in Table
605.3, Table 702.2 or Table 702.3 of this code.
605.3 Water service pipe. ADD the following exceptions to this subsection:
Exceptions:
1. Service lines for fire suppression systems shall be ductile iron pipe or another material
pre -approved by the Town of Estes Park Water Department.
2. Service lines larger than 2" shall be ductile iron pipe or another material pre -approved
by the Town of Estes Park Water Department.
605.9 Prohibited joints and connections. ADD the following exception to condition 4. of
this subsection:
Exception: service taps made or approved by the Town of Estes Park Water Department.
606.1 Location of full -open valves. REVISE conditions 1 and 2 as follows:
1. On the building water service pipe from the public water supply near the -property line.
2. On the water distribution supply pipe after entrance into the structure and before any tee.
608.1 General. ADD the following sentence at the end of this subsection:
All backflow prevention assemblies shall be in compliance with the requirements of and be
approved by the Town of Estes Park Water Department. This amendment shall be applicable to,
and is an amendment to the International Existing Building Code and the International
Residential Code, as adopted and enforced by the Town of Estes Park.
701.2 Sewer required. REPLACE the reference to the "International Private Sewage
Disposal Code" with the most recent edition of the Larimer County Individual Sewer
System Regulation enforced by the Larimer County Health Department.
703.1 Building sewer pipe near the water service. DELETE the original text and
REPLACE it as follows:
Building sewers shall not be installed within ten (10) feet (3048 mm) of the water service pipe.
Exception:
The required separation distance shall not apply, provided the water service pipe or the sewer
service pipe is sleeved for all portions not complying with the ten (10) foot (3048 mm)
separation requirement. The sleeve shall be any of the pipe materials listed in Table 605.3, Table
702.2 or Table 702.3 of this code.
707.1 Prohibited joints. ADD this exception to the prohibition of 6. Saddle -type fittings:
Exception: service taps installed by the appropriate sanitation district.
3
708.3.2 Building sewers. ADD the following sentence at the end of this subsection:
Building sewers shall be provided with cleanouts as required by the appropriate sanitation
district.
708.3.5 Building drain and building sewer junction. DELETE original text and REPLACE
as follows:
At the junction of the building drain and the building sewer, there shall be an approved two-way
cleanout. This cleanout shall be as close to the building as practical and shall terminate above
finish grade. This cleanout shall be permitted to serve as a required cleanout for both the
building drain and the building sewer. This cleanout shall be permitted to serve as the cleanout
required immediately inside the foundation. The minimum size of this cleanout shall comply
with Section 708.7.
904.1 Roof extension. INSERT 6 inches (152.5 mm).
1003.2 Approval. ADD the following subsections:
1003.2.1 Interceptor construction.
Grease interceptors shall be water and gas tight. Each interceptor shall be engineered to
withstand the external loads anticipated to be placed on the interceptor. Each interceptor shall
be prefabricated or field fabricated. Such interceptors shall have not less than one baffle that
extends the width of the interceptor, from the bottom to not less than 6 inches (152.4 mm)
from the top. The baffle shall have an inverted long radius elbow fitting the same size as the
inlet pipe but not less than 4 inches (102 mm). Such fitting shall be installed in the inlet
compartment side of the baffle such that the bottom of the fitting is 12 inches (305 mm)
above the bottom of the interceptor. Minimum depth of the liquid shall be 42 inches 91067
mm). Each compartment of the interceptor shall be not less than 18 inches square (457 mm2)
or 18 inches (457 mm) in diameter and be accessible by gas tight covers of equivalent size.
1003.2.2 Inlet and outlet piping.
The inlet and outlet piping shall have a two-way cleanout tee. Inlet piping shall be 2.5 inches
(63.5 mm) above the invert of the outlet piping. The inlet piping within the interceptor shall
consist of a vertical elbow or sanitary tee fitting extending at least 24 inches (610 mm) below
the water level to at least 8 inches (203 mm) above the bottom of the interceptor when not
serving food disposers and at least 12 inches (305 mm) above the bottom when serving food
disposers. Where a sanitary -tee fitting is used it shall be sealed with an accessible cleanout.
The outlet piping within the interceptor shall consist of a vertical sanitary -tee fitting which
shall extend below the water level and to the distance above the bottom of the interceptor as
installed on the inlet piping. The sanitary -tee fitting and outlet pipe shall be no less than 4
inches (102 mm) in diameter. The sanitary -tee fitting shall be installed in the vertical
position and shall extend vertically to an accessible cleanout terminating within 12 inches
(305 mm) of, and encompassed by, the access opening. This cleanout shall be properly
secured and shall function as a sampling port.
1003.3 Grease interceptors. ADD the following sentence at the end of this subsection:
New and replacement grease interceptors shall not be located inside buildings.
4
1003.3.1 Grease interceptors and automatic grease removal devices required. At the end of
this subsection, ADD the following:
The appropriate sanitation district shall determine which fixtures drain into the grease
interceptor.
Exception: Unless specifically exempted by the appropriate sanitation district, the following
plumbing fixtures shall drain to an approved grease interceptor.
1003.3.1.1 Commercial kitchen sinks.
Commercial kitchen sinks located within commercial establishments where food is prepared,
cooked, warmed, heated, processed or assembled and which are provided, designed, used or
intended to be used to clean pots, pans, plates, flatware or other utensils used in the
preparation, serving or consumption of food shall be protected by either a grease trap or a
grease interceptor.
1003.3.1.2 Floor drains, floor sinks, mop sinks.
Floor drains, floor sinks, mop sinks or similar fixtures located in commercialkitchen areas
where woks, deep fat fryers, grills or similar equipment is provided or designed for future
installation, shall be protected by either a grease trap or a grease interceptor. The building
official shall be permitted to exempt the connection of a floor drain to a grease trap or grease
interceptor where such connection is determined to be infeasible.
1003.3.1.3 Dishwashing machines.
Dishwashing machines when installed in commercial establishments where food is prepared,
cooked, warmed, heated, processed or assembled shall be discharged through a grease
interceptor. Said dishwashers shall be the low temperature, chemical type.
1003.3.1.4 Chemical treatment agents.
Chemical treatment agents used for the emulsification, separation and removal of grease shall
be prohibited unless specifically approved or authorized by the appropriate sanitation district.
1003.3.4.1 Grease interceptor capacity. ADD the following sentence at the end of this
subsection:
The capacity of grease interceptors shall be determined by the appropriate sanitation district.
The minimum volume of grease interceptors shall be 750 gallons. Interceptors shall not be
permitted to be installed in series unless specifically permitted by the appropriate sanitation
district.
1107.2 Separate systems required. REVISE this subsection as follows:
Secondary roof drain systems shall have the end point of discharge separate from the primary
system. Discharge shall be above grade, in a location that would normally be observed by the
building occupants or maintenance personnel, or other points of discharge as approved by the
building official. Roof drains shall not discharge into public sewer systems.
APPENDIX D — DEGREE DAY AND DESIGN TEMPERATURES is hereby adopted by
reference.
APPENDIX E — SIZING OF WATER PIPING SYSTEM is hereby adopted by reference.
EXHIBIT G
2009 INTERNATIONAL ENERGY CONSERVATION CODE AMENDMENTS
101.2 Scope. ADD the following exception to this subsection.
Exception:
Energy conservation systems and components in existing buildings undergoing repair,
alteration or additions, and change of occupancy, shall be permitted to comply with the
provisions of the International Existing Building Code.
101.6 Referenced provisions. ADD this subsection as follows:
Amendments to this code shall be applicable to, and are amendments to the relevant sections of
other International Codes adopted by the Town of Estes Park. The provisions of other
International Codes, as amended and adopted, shall be part of this code, as applicable.
302.1 Interior design conditions. REVISE this subsection as follows:
302.1 Thermal design parameters in the Town of Estes Park (Climate Zone 5).
The following thermal design parameters shall be used for calculations required by this code:
Winter Outdoor Design Dry-bulb (1°F),
Winter Indoor Design Dry-bulb (72°F),
Summer Outdoor Design Dry-bulb (91°F),
Summer Indoor Design Dry-bulb (75°F),
Summer Design Wet -bulb (59°F),
6368 Degree Days Heating, and
479 Degree Days Cooling.
All heating and cooling equipment shall be sized such that the total sensible capacity of the
cooling equipment does not exceed the total sensible load by more than 7% for cooling -only
applications; or by more than 25% for cold -climate applications in accordance with the
procedures in ACCA Manual J, 8th Edition, using the above thermal design parameters. All
ducted air -distribution heating and cooling systems shall be sized using cooling loads. All
heating and cooling equipment shall be tested to ensure such equipment is operating within the
manufacturers' recommended parameters and standards according to the applicable protocols
established by the building official and in accordance with the mechanical code adopted by the
Town of Estes Park.
Exception: Accessory buildings. Fully enclosed accessory buildings and attached garages not
containing habitable space may be considered conditioned space subject to the following thermal
and envelope criteria:
1. Such spaces meet the criteria for thermal isolation and any HVAC equipment
installed therein is sized for a peak design load assuming a maximum Winter Indoor
Design Dry—bulb Temperature of (60°F) and a minimum Summer Indoor Design
Dry—bulb Temperature of (80°F).
2. The walls are insulated with insulation having a minimum R-value of R-13.
3. The roof/ceiling is insulated with insulation having a minimum R-value of R-30.
4. Windows have a maximum U-factor of 0.45 and in total do not exceed 10% of the
floor area.
5. Doors have a minimum R-value of 3 and are sealed to prevent infiltration to the
extent practical as determined by the building official.
1