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HomeMy WebLinkAboutPACKET Town Board Joint Study Session 02-22-2018uumummouum .1., u u m u m m u u u m o o u u m o u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u m u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u n»»»»> u m m mm o u11111111 ®m u m u u u u u m o u u u u u u u m m m m n n n n n o n n o m n n n m m m m m m m u o n u m m n n m m u m u u u u u u u u u o u u u u u u u u u u u u u u u u u u u u u . uuuuwmmmmuuuuuuuuuoumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuuumuuummuuuuuuuuuuuuuuuuuuuuuuuuuum COUNTY MI TOXX(N OF ESTES PARE TOWN OF ESTES PARK BOARD OF TRUSTEES BOARD OF LARIMER COUNTY COMMISSIONERS ESTES VALLEY PLANNING COMMISSION Thursday, February 22, 2018* 5:15 p.m. Dinner - Meeting starting at 6:00 Town Board Room The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please cal! (970) 577-4777. TDD available. • Dinner (served in rooms 202/203 Town Hall) • Mayor Jirsa & Commissioner Johnson to Open the meeting. • Introductions • Meeting Objective — Clarify Planning Commission roles, and County Commissioners' and Estes Park Trustees' expectations regarding the Planning Commission • Roles and Responsibilities of Elected Boards • Define structure, process, and expectations for the EVPC • Represent community stakeholders, including citizens living within Estes Park town limits, and outside town limits within the Estes Valley • Set overall priorities for Staff and Planning Commission • Provide staffing and financial resources for Staff and the Planning Commission to fulfill their roles • Provide initial and ongoing training to enable Staff and Planning Commissioners to effectively fulfill their roles • Ensure that all three bodies work together as a coordinated whole • Roles & Expectations of Planning Commission • Next Steps • Elected officials' follow-up with EVPC members • Revise IGA (as appropriate) • Revise EVPC Bylaws (as appropriate) • Revise EVDC (as appropriate) • Develop continuing education plan/schedule • Establish date/objectives for next meeting • Other Items NOTE: The Town Board and County Commissioners reserve the right to consider other appropriate Items not available at the time the agenda was prepared. 'This meeting will be recorded and available live online. Summary of Expectations for Estes Valley Planning Commission: 1. Planning Commission members are appointed by the Commissioners and Trustees to serve the entire community. Planning Commission members do not independently represent any constituency. 2. The purposes of the Planning Commission are limited to the following: a. Adopt the Comprehensive Plan in accordance with community goals {including identified strategic goals of the Town and County), with community input representative of all stakeholders, and with resources as available through established budgetary and administrative processes. b. The Comprehensive Plan has been implemented through the adoption of the Land Use Code by the Commissioners and Trustees. Any project or project component which is in compliance with the Land Use Code is considered to be in compliance with the Comprehensive Plan. c. Administer the Land Use Code as a neutral, fair and unbiased hearing body. d. Make recommendations to the Commissioners and Trustees on current planning applications. Such recommendations will be included in the application review packet provided to the Commissioners and Trustees for final action along with comments from referral agencies, direct citizen input and the staff recommendation. e. Perform work as requested by the Commissioners and Trustees such as studying specific planning issues and making recommendations for Land Use Code changes, and undertaking structured efforts to update specific provisions of the Comprehensive Plan. The Planning Commission does not have the authority to perform work that is not specifically requested by the Commissioners and Trustees. 3. Planning Commissioners are subject to open meeting and open records laws which mandate: a. Planning Commissioners must not meet privately about Planning Commission decisions, activities, issues, or matters outside of properly noticed public meetings. This prohibition includes all forms of communication: verbal, written, and electronic. This prohibition specifically includes ex parte communications with members of the public on development -review matters. b. All email related to Planning Commission business is considered public record unless otherwise defined under the Colorado Open Records Act. To ensure compliance and to facilitate any CORA requests received by the Town or the County related to Planning Commission business, all Planning Commission e-mail must be received and sent using the assigned Town of Estes Park email addresses. The use of private accounts is not allowed. 4. Pliianning Commissioners are appointees of the Commissioners and Trustees and assume the following responsibilities: a. Conduct hearings, discussions and all other activities associated with their work in a courteous, respectful, and professional manner which includes interactions with the public, the assigned staff, project applicants and fellow commissioners. b. Take timely dispositive action on applications coming before the Commission so as to avoid delaying final consideration of recommendations and action by the Commissioners and Trustees. c. Follow legal advice by counsel for the Town and County. d. Concerns regarding job performance of Staff should not be made in public meetings but privately to the Community Development Director. 2/22/2018 Town of Estes Park Mail - Estes Valley Comprehensive Plan Meeting Feb. 22 for EVPC. Larimer County Board of Commissioners, Estes Park B... Cllerlk tncteuri stes.or Estes Valley Comprehensive Plan Meeting Feb. 22 for EVPC, Larimer County Board of Commissioners, Estes Park Board of Trustees Bill J. Darden <bdarden@uchicago.edu> Thu, Feb 22, 2018 at 2:05 PM To: "pianning@estes.org" <planning@estes.org>, "tdonnelly@Iarimer.org" <tdonnelly@Iarimer.org>, "swjohnson@larimer.org" <swjohnson@larimer.org>, "Igaiter@Iarimer.org" <Igaiter@Iarimer.org>, "tjirsa@estes.org" <tjirsa@estes.org>, "wkoenig@estes.org" <wkoenig@estes.org>, "bholcomb@estes.org" <bholcomb@estes.org>, "wnelson@estes.org" <wnelson@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "cwalker@estes.org" <cwalker@estes.org>, "bocc@Iarimer.org" <bocc@larimer.org> Cc: "townclerk@estes.org" <townclerk@estes.org> February 22, 2018 To: Estes Valley Planning Commission, Larimer County Commissioners, Estes Park Board of Trustees From: Johanna Darden, 501 Mac Git M: J: r en u % Es If irl µ i p In re: Estes Valley Comprehensive Plan - Meeting on February 22, 2018 (please include this message in the meeting packet) The Estes Valley Comprehensive Plan has been our guide to planning the future of the Estes Valley. It is important to take whatever time and expense is necessary to hear from the people who live in the Estes Valley (which includes the Town of Estes Park) to determine what we want our community to be in future. Picking and choosing parts of the whole to change to benefit special interests is not a comprehensive approach to the Estes Valley's future. It is also important to put safeguards into the EVCP to assure that even though a development might meet code requirements for a specific property that it not be approved if it causes overdevelopment in that particular part of the Town or Valley. Such an overriding paragraph could be at the beginning of the current EVCP that would clarify what the top priority is and what would take precedence. It could state the intent of the EVCP and state that the intent overrides other considerations in the code. In previous public outreach meetings the two most important desires of the community were 1) preserve the natural beauty, and 2) preserve the wildlife. High -density development does not insure what is most important here. It is possible to build workforce and affordable housing that does not conflict with preserving what is most valuable to our community. We cannot move the rivers, mountains, and open land, but we can thoughtfully find an appropriate place for needed development. And we should not develop needlessly nor create the need for development that does not improve our quality of life and enrich our valley. hltps:llmall.google.com/mail/u/0/7u1=2&ik=54517dd595&Jsver=lEE9798Mllw,e +.&vliew=pt&sea h=inbax&th=161bf559f7032c288slm1=161b1559f7032c28 114 2/22/2018 Town of Estes Park Mail - Estes Valley Comprehensive Plan Meeting Feb 22 for EVPC, Lariimer County Board of Commissioners, Estes Park Et On February 21, 2018 Frank Lancaster wrote the following that appeared in the e-mail public messages of the Town Trustees regarding the Estes Valley Comprehensive Plan: " ... redoing the Comp plan is a big (and expensive) deal. There are some very specific items that must be addressed in a comp plan and there is substantial case law and statutory guidance on this as well, that must be followed. This is beyond the expertise and bandwidth of volunteers and town staff. The process would be more similar to the Downtown Plan, but much bigger and more extensive. The Town and County would hire a planning firm with expertise in comp plan development to spearhead the project. This would include multiple public outreach meetings, charettes and open houses. There would probably be a website and other social media dedicated just to the project and obtaining input. Adoption of the Comp Plan is the responsibility of the Planning Commission so they would be having numerous study sessions and meetings on this as well. Normally this would be a 12-18 month process. In the end, there would be a formal public hearing before the Planning Commission for adoption and then the Town Board and the Board of County Commissioners would also hold public hearings to accept the Comp plan." I am very concerned and fearful that the Estes Park Economic Development Corporation, a 501(c)6 organization, has too much influence in determining the development code of the Estes Valley. The EPEDC is a private corporation. In 2014 the EPEDC filed taxes as a 501(c)3 and later realized they needed to file as a 501(c)6 organization. The 'INVESTORS, Founding Organization, consisted of: Town of Estes Park (Mayor Bill Pinkham and Frank Lancaster), Visit Estes Park (Elizabeth Fogarty), Estes Park Medical Center (Brian Herwig)„ Bank of Colorado (Christine Kraft), EPIC, Inc,. (Jim Pickering), Estes Park School District R-3 (Patrick Hickey), Rocky Mountain Park Inn (Chris Cook), Stanley Village (Bill Van Horn), The Stanley Hotel (John Cullen), YMCA of the Rockies (Scott Pope), Aspen Lodge (Yun Xiang Tseng (Chen)), Estes Park Trail Gazette (Mike Romero), EstesValley Public Library District (Claudine Perrault), Estes Valley Rec. & Park District (Skyler Rorabaugh), Whimsical, Inc. (Barbara Marshall) Mueller & Associates, CPA, LLC (Paul Mueller), National Park Village (Scott Webermeier), Estes Park Central (Rainer Schelp), Rocky Mountain Resorts (Lindsay Lamson), State Farm Insurance (Susan Fereday), Thorp associates, PC (Roger Thorp) Verus Commercial (Thom Widawski), Estes Area Lodging Association (Elizabeth Fogarty), Estes Valley Partners for Commerce (Tim McPhee), Estes Park Board of Realtors (Mike Richardson), Estes Park Wedding Association (Christie Nagl), Larimer County (Jacob Castillo), Estespark.co (Gerald Mayo), RMNP-Liaison Only (John Hannon). " The Estes Park School District R-3 is no longer an investor in the EPEDC. I was told their lawyer told them they could not be an investor. III believe they do provide input to the EPEDC in other ways. According to the State of Colorado Statute that follows, 1 do not believe the following organizations can invest in the Estes Park Economic Development Corporation: Town of Estes Park, Larimer County, Visit Estes Park, Estes Park Medical Center (i.e., Park Hospital District), Estes Valley Public Library District, and Estes Valley Rec. & Parks District. I pay property taxes to Larimer County, Town of Estes Park, Estes Park Library District, Estes Valley Rec & Park District, and Park Hospital District. I believe the Town of Estes Park has been paying $60K per year for Frank Lancaster and a member of the Estes Park Board of Trustees as investors in the EPEDC. httpsl/mail.google.comlmail/u/0/?ul#2&ik=54517dd59584sverlEE9798M!w.em&view=pt&search=inbox8th=1161bf559f7032c2B8sim1=161bf559f7032c28 2/4 2/22/2018 Town of Estes Park Mall - Estes Valley Comprehensive Plan Meeting Feb, 22 for EVPC. Larimer County Board of Commissioners, Estes Park B, Perhaps more has been invested in other ways, that I don't know. I believe this is illegal and I oppose this use of Town of Estes Park money. Colorado State Statute Article XI, Section 2 text states, "No Aid to Corporations No Joint Ownership By State, County, City, Town, or School District. Neither the state, nor any county, city, town township, or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in any corporation or company or a joint owner with any person, company, or corporation, public or private, in or out of the state, except as to such ownership as may accrue to the state by escheat, or by forfeiture, by operation or provision of law; and except as to such ownership as may accrue to the state, or to any county, city, town, township, or school district or to either or any of them, jointly with any person, company, or corporation, by forfeiture or sale of real estate for nonpayment of taxes, or by donation or devise for public use, or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties, or forfeiture of recognizance, breach of condition of official bond, or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or severally interested. Nothing in this section shall be construed to prohibit any city or town from becoming a subscriber or shareholder in any corporation or company, public or private, or a joint owner with any person, company, or corporation, public or private, in order to effect the development of energy resources after discovery, or production, transportation, or transmission of energy in whole or in part for the benefit of the inhabitants of such city or town. .. " The Estes Park Economic Development Corporation, until recently represented by Jon Nicholas, has spoken out in support of the following: John Cullen (Stanley Hotel)/Estes Park Medical Center Wellness Center. That project failed when the EPMC Foundation did not raise the money within two years to build the wellness center. The Event Center. It is my understanding that the Center is losing $9 M/yr. It was to bring events that would entertain. How many events outside of our own community take place there? Estes Performance Inc., (EPIC). Money raised over decades with location changes, design changes and hundreds of thousands of dollars paid to CEOs to raise money. I believe that the EPIC Board is now looking for a new location and downsizing the theater. That should have been decided when the Board of Adjustment met to determine what could be built in the flood zone. Perhaps the current CEO is worth what he is being paid. The parking garage on Hwy 36 that received an award for beauty. It sits mostly empty. Designs should be to function and beauty. What good is a beautiful structure if there is no elevator? The stairs are outside exposed to the elements. I was told people who could not take the stairs could be let off on the ground level (i.e. baby strollers, people who are not classified as disabled, but who cannot do the stairs). Will this cause a delay for people entering to park? Is another parking facility being considered? https°llmalE,googIe.com/maillu/Onui=2&ik=54517dd595&jsve tEEFj798M1w,en.&view=pt&search inbox&th=161bf559f7032c28&s1m1=161bf55917032c28 3!4 2/22/2018 Town of Estes Park Mali m !Estes Valley Comprehensive Plan Meeting Feb, 22 for EVPC„ Larimer County Board of Commissioners, Estes Park B'... The proposed Chuck Wagon Event Facility. How much time, money and anguish were spent over that project? it believe it didn't happen because of illegal zoning. A citizens had to hire a lawyer to stop that project. It cost that citizen a lot of money. The Federal Lands Access Program Project (Loop) which is currently taking place was opposed by a huge majority of the public. The Community Recreation Center under the direction of the Estes Valley Recreation and Park District. This project is causing concerns for existing businesses, because if it undercuts their business enough they could go out of business,. Not exactly in support of keeping already developed businesses. hltps;llmail„google.comlmaillul0l?u1=281k=54517dd5958kjsver=iEE9798Miw,en 8view=pt&search=inbox&th=161bf559f7032c28&simi=161bf559f7032c28 4/4