HomeMy WebLinkAboutPACKET Town Board Special Meeting 1993-03-15BOARD OF TRUSTEES - TOWN OF ESTES PARK March 15, 1993 1:00 P.M. AGENDA Review of Kinnie Go-Cart Track. Attachments: Three resolutions
RESOLUTION NO. 11-93 WHEREAS, in accordance with Section 17.36.020 of the Municipal Code of the Town of Estes Park, the proposed development known as Outdoor Amusement, Lots 5A & 9, Prospect Village Subdivision, was submitted to the Estes Park Urban Renewal Authority, (EPURA) for determination of whether or not the development complied with the Estes Park Downtown Redevelop- ment Program ("the plan"); and WHEREAS, pursuant to Resolution No. 147, dated March 29, 1990, EPURA determined that the proposed Outdoor Amusement was not in compliance with the plan; and WHEREAS, the developer requested review by the Board of Trustees' of the Town of Estes Park, pursuant to Section 17.36.020(G) of the Municipal Code of the Town of Estes Park; and WHEREAS, the District Court, Larimer County, Colorado has ordered that the Board of Trustees of the Town of Estes Park hold a Public Hearing on the development request for review of EPURA's determination; and WHEREAS, a notice of public hearing was published as required by the Municipal Code; and WHEREAS, a public hearing was held on March 15, 1993, before the Board of Trustees of the Town of Estes Park; and WHEREAS, at said public hearing, evidence and testimony was presented to the Board of Trustees; and WHEREAS, the Board of Trustees has considered all of the evidence and testimony presented at the public hearing concerning whether or not the proposed Outdoor Amusement conforms with the applicable provisions of the plan. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: Based upon the testimony and evidence presented at the public hearing, the Board of Trustees of the Town of Estes Park hereby makes the following findings of fact: A. The plan provides that the subject areas are designated for a Community-Commercial Center use. The proposed outdoor amusement is a Community-Commercial Center use. B. The plan requires preservation and improvement of the river corridor and its related natural environments. The proposed outdoor amusement provides for dedication of substantial property to the Town for river access. The proposed outdoor amusement contains landscaping that fits with the natural environment of the area. This dedication of river access and landscaping preserves and improves the river corridor.
C. The plan provides that entry development should not intrude into the surrounding open space. The proposed outdoor amusement is located on property already surrounded by develop- ment. The development itself will not intrude into any surround- ing open space and the dedication of the property along the river corridor will preserve the west entry to the downtown area. D. The plan dictates that development shall be sensitive to and protect surrounding areas. The evidence indicates that the development will not have significant negative visual, auditory and aesthetic impacts upon the surrounding area, including the river corridor. E. The plan directs EPURA to encourage and promote year- round type development in and near downtown Estes Park. This portion of the plan does not require that all development within the downtown area or the entry areas be year-round. F. The plan emphasis that the Estes Park area has an image problem with many tourist amusements and inefficient utilization of developable land. There is substantial evidence that indicates the surrounding property has already developed with amusements and other certain attractions and this development will not further negatively impact the Estes Park image. Based upon the above findings of fact, the Board of Trustees hereby finds that: 1. The proposed outdoor amusement on Lots 5A and 9 Prospect Village Subdivision, Town of Estes Park, Larimer County, Colorado, is in compliance with the applicable provisions of the plan, subject to the following .conditions: A. The house located west of Fun City shall be removed by the Applicant on or before July 1, 1993. ADOPTED THIS 15th day of March, 1993. TOWN OF ESTES PARK A,·9 J Ot By: /ft)&&4<Li#M/z,1!,+3~.tf- Mayor ATTEST: ".'/ A Uu- B ((. e·-k 1,66-0 Town Clerk
SENT BY:HAMMOND CLARK WHIT ;10-19-94 10:04AM ; 6699380-9 303 586 6909:# 2 .. 6»"-04 RESOLUTION NO. U WHEREAS, in accordance with Section 17.36.020 of the Municipal Code of the Town of Estes Park, the proposed development known as Outdoor Amusement, Lots 5A & 9, Prospect Village Subdivision, was submitted to the Estes Park Urban Renewal Authority, (EPURA) for determination of whether or not the development complied with the Estes Park Downtown Redevelop- ment Program ("the plan"); and WHEREAS, pursuant to Resolution No. 147, dated Mareh 29, 1990, EPURA determined that the proposed Outdoor Amusement was not in compliance with the plan, and WHEREAS, the developer requested review by the Board of Trustees of the Town of Estes Park, pursuant to Section 17.36.020(G) of the Municipal Code of the Town of Estes Park; and WHEREAS, the Dietrict Court, Larimer County, Colorado haa ordered that the Board of Trustees of the Town of Estes Park hold a Public Hearing on the development request for review of EPURA's determination; and WHEREAS, a notice of public hearing was published as required by the Municipal Code; and WHEREAS, a public hearing was held on March 15, 1993, before the Board of Trustees of the Town of Estes Park; and WHEREAS, at said public hearing, evidence and testimony waa presented to the Board of Trustees; and WHEREAS, the Board of Trustees has considered all of the evidence and testimony presented at the public hearing concerning whether or not the proposed Outdoor Amusement conforms with the applicable provisions of the plan. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARX: Based upon the testimony and evidence presented at the public hearing, the Board of Trustees of the Town of Estes Park hereby makes the following findings of fact: A. The plan provides that the area of the proposed development is designated for Community-Commercial Center use. Said areas should contain uses for the residents and visitors on a year-round basis. The proposed development im a seasonal amusement use which is not a year-round use of the property. B: The plan requires preservation and improvement of the river corridor and its related natural environments. There ia evidence that the river corridor will be negatively impacted by
+SENT BY:HAMMOND CLARK WH IT ;10-19-94 10:05AM ; 66993801 303 586 6909:• 3 . noise, light, and fumes caused by the go-cart track. These negative aspects are not mitigated by the amount of landscaping and screening proposed by the developer. C. The plan provides that entry development should not intrude into the surrounding open space. The proposed Outdoor Amusement will visually intrude onto the open space and the river corridor which is the west entry to Downtown Estes Park. D. The plan states that the development Of property shall be sensitive to and protect surrounding areas. The proposed Outdoor Amusement will have a significant negative visual, auditory and a aesthetic impact upon the surrounding reaidential and commercial areas, the river corridor area and the surrounding open space. E. The plan directs EPURA to encourage and promote year- round type development in and near downtown Estes Park. The proposed Outdoor Amusement is seasonal in nature. p. The plan states that the Estes Park area has an image problem with many tourist amusements and inefficient utilization of developable land. The proposed development does not improve the image quality of the community and is an inefficient utilization of prime land, especially with regard to the river corridor and west entry to the downtown area. Based upon the above findings of fact, the Board of Trustees hereby finds that: 1. The proposed outdoor amuoement is not in compliance with the plan. 2. The application for the proposed outdoor amusement on Lots 5A and 9. Prospect Village Subdivision, Town of Estes Park, Larimer county, Colorado, is hereby denied. ADOPTED THIS 15th day of March, 1993. TOWN OF ESTES PARK By: Mayor ATTEST; Town Clerk -2-
SENT BY:HAMMOND CLARK WHIT ;10-19-94 10:06AM ; 6699380-9 303 586 6909;# 4 .6.0 40 L- I 04 RESOLUTION NO. _ WHEREAS, in accordance with Section 17.36.020 of the Municipal Code of the Town of Estes Park, the proposed development known as Outdoor Amusement, Lots 5A & 9, Prospect Village Subdivision, was submitted to the Estes Park Urban Renewal Authority, (EPURA) for determination of whether or not the development complied with the Estes Park Downtown Redevelop- ment Program ("the plan"), and WHEREAS, pursuant to Resolution No. 147, dated March 29, 1990, EPURA determined that the proposed Outdoor Amusement was not in compliance with the plan; and WHEREAS, the developer requested review by the Board of Trustees of the Town of Estes Park, pursuant to Section 17.36.020(G} of the Municipal Code of the Town of Estes Park; and WHEREAS, the District Court, Larimer County, Colorado has ordered that the Board of Trustees of the Town of Estes Park hold a Public Hearing on the development request for review of EPURA'a determination; and WHEREAS, a notice of public hearing was published as required by the Municipal Code; and WHEREAS, a public hearing was held on March 15, 1993, before the Board of Trustees of the Town of Estes Park; and WHEREAS, at said public hearing, evidence and testimony was presented to the Board of Trustees: and WHEREAS, the Board of Trustees has considered all of the evidence and testimony presented at the public hearing concerning whether or not the proposed Outdoor Amusement conforms with the applicable provisions of the plan. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: Based upon the testimony and evidence presented at the public hearing, the Board of Trustees of the Town of Estes Park hereby makes the following findings of fact: A. The plan provides that the subject areas are designated for a Community-Commercial Center use. The proposed outdoor amusement is a Community-Commercial Center use. B. The plan requires preservation and improvement of the river corridor r and its related natural environments. The proposed outdoor amusement provides for dedication of substantial property to the Town for river access. The proposed outdoor amusement contains landscaping that fits with the natural environment of the area. This dedication of river access and landscaping preserves and improves the river corridor.
~SENT BY:HAMMOND CLARK WHIT ;10-19-94 10:06AM ; 00.1,001[.17 - - - C. The plan provides that entry development should not intrude into the surrounding open space. The proposed outdoor amusement is located on property already surrounded by develop- ment. The development itself will not intrude into any surround- ing open space and the dedication of the property along the river corridor will preserve the west entry to the downtown area. D. The plan dictates that development shall be sensitive to and protect surrounding areas. The evidence indicates that the development will not have significant negative visual, auditory and aesthetic impacts upon the surrounding area, including the river corridor. E. The plan directs EPURA to encourage and promote year- round type development in and near downtown Estes Park. Thi• portion of the plan does not require that all development within the downtown area or the entry areas be year-round. F. The plan emphasi. that the Estes Park area has an image problem with many tourist amusemente and inefficient utilization of developable land. There is substantial evidence that indicates the surrounding property has already developed with amusements and other certain attractions and thim development will not further negatively impact the Estes Park image. Based upon the above findings of fact, the Board of Trustees hereby finds that: 1. The proposed outdoor amusement on Lote SA and 9 Proapect Village Subdivision, Town of Estes Park, Larimer County, Colorado, io in compliance with the applicable provisions of the plan. ADOPTED THIS 15th day of March, 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk -2-