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HomeMy WebLinkAboutPACKET Town Board 1994-09-27BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 27, 1994 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated September 13, 1994. 2. Bills. 3. Committee Minutes: A. Special Events, September 22, 1994. B. Public Works Committee, September 22, 1994. C. Planning Commission, September 20, 1994. 1. Lot 6, Little Prospect Mountain Addition, Geraldine Kappely/Applicant - Continue to October 11, 1994. 2. Lots 15-17, Block 2, Town of Estes Park, Elizabeth Bowers/Applicant - Continue to October 11, 1994. ACTION ITEMS: 1. Larimer County "Post 2001" Campaign - Request Resolution of Support - Kelly Ohlson, etal. 2. Hunting Ban/Town Property - Continued from September 13, 1994. 3. Special Events Committee, September 22, 1994: A. 1994-95 Appointments to Estes Park Rooftop Rodeo Committee - Approval. 4. Planning Commission, September 20, 1994: A. Public Hearing. Amended Plat of Lots 11 and 12, Crags Addition, C. Franklin Hix/Applicant. B. Public Hearing. Lot 1, Block 8, North Ridge Meadow Condominiums - Request time extension. C. Public Hearing. Replat of Lot 131, Al Fresco Place Addition, John Grace/Applicant. D. Public Hearing. Annexation of Park Entrance Estates 1. Ordinance - Approving Annexation. 2. Ordinance - Approving "E" Estate Zoning. 5. Resolution concerning Election Judges and Canvass Board for November 8, 1994 Coordinated Election with Larimer County. 1 - Board of Trustees - Agenda September 27, 1994 6. Estes Park Urban Renewal Authority - Appointment of 5-Year Term expiring in September, 1999. 7. Town Administrator's Report: A. Intergovernmental Agreement with EPURA. B. Board of Trustees Convene as Estes Park Housing Authority 1. Appointment of Treasurer (replacing David Habecker) Chairman - H. B. Dannels Vice Chairman - Susan L. Doylen Secretary - Robert L. Dekker 2. Update. 2 IR A 'FORIPUBLIS HINGCO RECORD OF PROCEEDINGS Special Events Committee September 22, 1994 Committee: Chairman Doylen, Trustees Gillette and Marshall Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Coordinator Hinze, Rooftop Rodeo Committee President Gary O'Connor, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:01 A.M. LONG'S PEAK SCOTTISH HIGHLAND FESTIVAL - JIM DURWARD. Festival President Durward suggested the formation of a standing or ad-hoc committee to work on asset development (long-term planning, initial contact with agencies, capital expenditures, shuttle system, facilities). The development of first-class events that showcase Estes Park is essential, and, in Dr. Durward's opinion, there comes a time when the events go beyond volunteer groups. Chairman Doylen stated the Town will initiate a meeting between key event organizers (private sector), EVRPD, School District, Town staff and others as appropriate in mid-November. Chairman Doylen, staff and Dr. Durward will meet to define the agenda. The Committee commended President Durward on the success of the 1994 Festival. ESTES PARK ROOFTOP RODEO COMMITTEE - APPOINTMENT OF 1994-95 MEMBERS. The following were submitted for appointment to the Rooftop Rodeo Committee for 1994-95: Officers: Gary O'Connor, President Jo Adams, Vice President Jill Smith, Secretary Members: Ed Allbright Ralph Ramey Jerry Brumleve Bob & Mary Jo Seifert Don Cunningham Kelly Sishc Rick Dill Karen Smith Margee Gartner Spencer & Megan Smith Ken Hobert Chuck Thomas Marion "Chief" Jenista Sue Thomas Steve Kingery Joan Van Horn Dave & Judy McPhee Betty Whiteside Vickie O'Connor The Committee recommends appointment of the 1994-95 Estes Park Rooftop Rodeo Committee Membership Roster as presented. Rooftop Rodeo Committee Report. President O'Connor reported that the Committee revised the Bylaws to allow election of officers in September, and the election was held. This revision allows new board members to immediately begin planning the next year's rodeo. Chairman Doylen commented that the revision is proper and that this change should assist the volunteers with their planned "Western Heritage" theme. BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Special Events Committee - September 22, 1994 - Page 2 SPECIAL EVENTS - CRITIOUE. ' Silver Dollar Hunter-Jumper Show. Aimed at education and promotion of Hunter-Jumper horses, this show has grown from two days in 1982 to 14 days in 1992. ·The show may add 4 more days in 1995. Westernaires Show. This show produces two shows of precision riders and western acts for the general public--all riders are juveniles. Attendance fell due to inclement weather. Rally'n the Rockies. Since 1993, Ken and Marcia Hobert have provided management for the former "Americade." The event was well managed and exhibitors, excluding Honda, were well attended. Long's Peak Scottish Highland Festival. In its 16th year, the Festival continues to provide an excellent event. Festival data indicates that total spectators were 30,000. Arts & Crafts Shows. (1) The Fire Department sponsors a craft show during Labor Day Weekend. This event is well managed by Helen Rumley, and annually proves itself as a reliable fund raiser for the Fire Department. (2) The Fine Arts Guild sponsors a show in mid-September. The Guild places their own front-range advertising and the juried show was well attended. The quality of vendors increases every year. SPECIAL EVENTS DEPARTMENT RE-ORGANIZATION - REPORT. With the upcoming retirement of Special Events Director Scott, Administrator Klaphake outlined opportunities for the course of action that will be followed: 1. Linda Hinze will be promoted to Executive Director effective November 1, 1994. 2. Stanley Park facilities will be closed from December - April. 3. The remaining full-time Stanley Park employees (2) will be transfered to the Public Works Department from December - April. 4. Seasonal sharing of labor and equipment with the Public Works Department will be increased. 5. The office building will be closed from December - April and the Executive Director will relocate the office to her residence. 6. The Special Event Coordinator position will not be filled; however, seasonal administrative staff will be obtained. 7. Stanley Park summer security will be addressed by leasing an RV space in exchange for service. 8. Resultant savings and efficiencies from the aforementioned items will be invested in the facilities and/or direct support of special events. The 1995 Budget will delineate discretionary funds that are designed for specific events; this will improve the volunteers' BRAC}FORE)PUBLISHING.0. RECORD OF PROCEEDINGS Special Events Committee - September 22, 1994 - Page 3 understanding and decision-making, particularly with the rodeo. As authorized previously by the Trustees, the Rooftop Rodeo Budget will be changed to a seasonal budget calendar. Director Scott was congratulated for his contributions to the Special Events Department, expressly for improvements to the Stanley Park facilities. REPORTS. Staff briefed the Committee on the "October Gold Brats and Bands" special event scheduled October 1st and 2nd. Activities include polka bands, dance teams and dance at the Golden Eagle Resort. This event was originally sponsored by the Business Association. The Association is now defunct, and the Sunrise Rotary Club is assisting this year and will fully-sponsor the event beginning in 1995. The Surprise Sale is scheduled October 8th and 9th; invitation letters to merchants have been issued and advertising posters are being prepared. There being no further business, Chairman Doylen adjourned the meeting at 9:15 A.M. b Le.61, O d 61.&610 Vickie O'Connor, CMC, Town Clerk BRADFOROPUeLISHING.0. RECORD OF PROCEEDINGS Public Works Committee September 22, 1994 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Community Development Director Stamey, Clerk O'Connor Absent: None Chairman Gillette called the meeting to order at 9:32 A.M. SLEEPY HOLLOW SUBDIVISION/GARY D. CONNELY - REOUEST RIGHT-OF-WAY CONDEMNATION. In a letter dated September 13, 1994, Gary Connely requested the Town take the necessary steps to provide a public right-of-way through Lot 5 of the Replat of Lot 1, Homestead Subdivision to approximately 48 acres known as the proposed Sleepy Hollow Subdivision. Mr. Connely has been unsuccessful in securing access to his property from adjacent property owners. Administrator Klaphake reviewed "due process", advising affected property owners that the condemnation request was submitted directly to the Town. Should the Committee recommend the Town proceed with condemnation action, such action would prompt notification to all affected property owners. Discussion today is to determine whether or not it is appropriate to take condemnation action at this time. Applicant Representative Kerry Prochaska stated that the site contains 48 acres and Mr. Connely is proposing to subdivide the property into 10 lots. There is no guaranteed access and affected property owners are unwilling to grant an easement, thus the owner has no other options and has submitted the condemnation request. In 1991, a replat of Lot 1 known as The Homestead Subdivision was approved. Lot 1 fronts the northern end of Mr. Connely's property and with The Homestead Subdivision, the 48-acre site in question became land-locked. Staff reported that the Planning Commission and Town Board were aware that access was unavailable. Director Stamey offered background information covering the property prior to annexation, annexation, subdivision (Homestead), litigation regarding maintenance/Town responsibility, and Mr. Connely's proposal for the Sleepy Hollow Subdivision where the Planning Commission found the bridge access did not meet standards. Discussion followed including parking concerns of the Blackhawk Lodge, existing subdivisions that include private streets, and available options for the Town (approve/deny the request or facilitate negotiation). As it appears to be more feasible to gain access from the east, past Ponderosa Lodge, Blackhawk Lodge and Trail West through private negotiations than to condemn a portion of Lot 5, which is at the west boundary of Sleepy Hollow Subdivision, the Committee recommends (1) the condemnation request be denied at this time, and (2) all parties meet with appropriate Town staff to attempt negotiations to the east. CARRIAGE HILLS 7TH FILING - CITIZEN REOUEST AUTHORIZATION TO LANDSCAPE OUTLOT. In a letter dated July 26, 1994, Floyd Smith (and neighbors) expressed interest in planting bushes and small trees along the property line and to 10' south of said line that borders The IRADFORD.U.LISHING.0 RECORD OF PROCEEDINGS Public Works Committee - September 22, 1994 - Page 2 Mountain Technology Center property. Plantings would assist in dividing the business property from residential. Mr. Smith has obtained approval from associated utility agencies, and, if required, they will coordinate planting efforts with a Town representative. Director Linnane provided a vicinity map that identified the outlot which connects to two moderately large outlots to the east and west. An existing fence and 10' berm, installed to screen the industrial area, were installed without town approval. Mr. Smith commented that he was of the opinion that the outlot was owned by the Homeowners Association. The propane company in said industrial area agreed to provide labor and the neighborhood paid for building materials for the fence. In addition, a 10' wide by 2' high berm was added adjacent to the fence. A building permit was obtained for the fence. Administrator Klaphake reported that, as a condition of annexation, the existing open space was to remain so in perpetuity. Improvements are limited to a paved walkway around the lake; the Town has no intention of violating the trust of the Annexation Agreement. As it appears the neighborhood is able to accomplish the goal of screening residential from industrial property by installing landscaping on private property (Lots 50-54), the Committee recommends the request be denied based upon the open space condition of the Annexation Agreement. The Committee confirmed that the 10' berm need not be removed. REPORTS. The Committee reviewed the Customer Service Response Report for L August. Staff noted that calls for dis-colored water were zero which indicates the corrosion control project is working. The Monthly Water Report is unavailable at this time due to computer malfunctions. Lake Estes Hike/Bike Trail. The Town has met all Federal and State requirements concerning environmental issues; the Bureau of Reclamation has prepared an Environmental Assessment, it is favorable and has been submitted to the Army Corps of Engineers; the permit should be issued by the end of September. Staff anticipates the following schedule: advertising the project in the very near future; a bid date of October 17; and Committee review on October 27. The project will hopefully begin in November, the Contractor will work through the Winter and conclude in the Spring. As requested, Director Linnane will prepare an executive summary of the project along with the bid results. Water conservation Kits. Approximately 700 kits have been distributed; 300 kits are Still available. Accommodations properties have participated to a great extent. The Town should realize a savings of over 100 acre feet of water as a result of this conservation program, which is also beneficial to the sanitation districts. 1994 Water Leases and Augmentation Plan. Due to potential water drought this Summer, staff leased 200 acre feet of water from Eastman Kodak and 190 acre feet from the City of Loveland. One- hundred acre feet of the 390 was transferred to EVRPD. Fortunately, the drought did not transpire. Staff contends that the Town owns perpetual rights to 500 ac. ft. of Bureau of Reclamation water, and negotiations have been underway for the past two years. Staff has requested this issue be resolved by the first BRADFORIPUILISHING.0. RECORD OF PROCEEDINGS Public Works Committee - September 22, 1994 - Page 3 of the year. Highways 7 and 36 Projects. Representatives from the Town and CDOT met and conducted a "walk through" of the Hwy. 34 proj ect, and CDOT is proceeding with construction design. The "walk through" for Highway 7 has not yet taken place. Both projects may be constructed simultaneously, depending upon the contractor's desires. Staff anticipates that the 4-month projects will begin in January, 1996 and it may affect the tourist season; however, CDOT/Town will require that limited access be maintained at all times. Director Linnane reported that a private business and contractor will be replacing the water service line on East Elkhorn/Moraine. Disruptions in traffic are expected to occur. There being no further business, Chairman Gillette adjourned the meeting at 10:45 A.M. 3 4,6-~0 0 ~ 6.a-j Vickie O'Connor, CMC, Town Clerk 8~ADFORD PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission September 20, 1994 Commissioners: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, Gary Cooper, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, Cooper, Pohl, and Thomas Also Attending: Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioner A. Hix Chairman Sager called the meeting to order at 9:30 a.m. 1. MINUTES. Minutes of the August 16, 1994 were approved as submitted. 2. DEVELOPMENT PLANS. 2.A. Development Plan 94-7. Lot 2. Block 5. Fall River Estates. Darold and Lois Rohrbaugh/Applicant. Continued to the October 18th meeting. , 3. SUBDIVISIONS. 3.A. Amended Plat. Lots 11 & 12. Craqs Subdivision. Audubon Street. C. Franklin Hix/Applicant. Applicant' s representative Bill Van Horn stated Applicant is requesting to amend the building envelopes 8 feet to the northeast on the two existing lots to accommodate the terrain and preserve existing trees. Presently, there is a zero lot line on the southwest boundary of Lot 12 and a 10 foot setback between Lot 11 and 12. No lot boundaries are being changed; no new lots are being created. Existing zoning is R-M Multiple Family. Upon Commissioner request, Mr. Van Horn stated that the existing utility easement along the northeast lot line of Lot 11 and the existing building foundation would be shown on the plat. Director Stamey noted that the original subdivision allowed zero lot lines on some lots. He requested an easement for maintenance be granted across Lot 12 for access by Lot 11. Mike Miller/Resident reported that the information received in the mail was vague and requested that future mailings include clear drawings and explicit explanations. It was moved and seconded (Brown-Pohl) the Amended Plat, Lots 11 and 12, Crags Subdivision be approved provided the Applicant furnish separate sewer connections and provided the existing utility easement and a maintenance easement (4 feet minimum) is granted over Lot 12 for Lot 11 access, with both either being shown or noted on the plat, and it passed unanimously. 3.B. Lot 1. Block 8. North Ridge Meadow Condominiums. Rich Wille/Applicant. Applicant's representative Bill Van Horn * requested a seven-year vested rights period to complete Phase II North Ridge Meadow Condominiums. The Planning Commission approved the Phase II Development Plan on July 19, 1994 with a three-year vested rights period. Applicant believes that waiting to the end of the present completion date, July 1997, to ask for a further extension may produce an unfavorable response as changes in elected and appointed officials occur. aRADFOMD PuaL.1*MING CO. RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 2 Mr. Van Horn reported all infrastructure work is complete. Director Stamey read a letter from Town Attorney White who advised that Section 24-68-104 C.R.S. provides that the vesting of a property right shall be for a period of three years with possible expansion granted due to relevant circumstances such as the size and phasing of the development, economic cycle and marketing conditions. This extension must be adopted as a legislative act which requires Board of Trustee approval. Audience comments were heard from Ron Harvey and Ed McKinney, both supporting the proposed extension of time to complete this project. Commissioner concerns included public safety with a long-term construction project, visual impact, lack of justification submitted for extension request, and the Applicant's knowledge of the law regarding project completion time frames. It was moved and seconded (Thomas-Cooper) that the Applicant be granted a six-year vested rights period, to the year 2000, to complete Phase II of North Ridge Meadow Condominiums. Motion failed: 2 in favor (Cooper, Thomas ), 4 opposed (Brown, Burgess, Pohl, Sager). It was moved and seconded (Brown-Pohl) that a four- year vested rights period be granted, to July 19, 1998, citing precedent-setting action regarding Stanley Historic District and Timberlane, and it passed by the following votes: Those voting "Yes": Brown, Burgess, Cooper, pohl, and Sager. Those voting "No": Thomas. Mr. Van Horn also submitted a drawing of the proposed landscaping for this development, which will be discussed at a future meeting. 3.C. Replat of Lot 131. Al Fresco Place. Northeast Corner of Chiquita Lane and Chagin Lane. John Grace/Applicant. Applicant's representative Paul Kochevar explained Applicant wishes to divide the existing lot of 2.2 acres into two lots of 1.17 and 1.03 acres. Applicant is requesting an exception to the minimum lot size requirement of 60,000 sq. ft. for Lot 131-A and 74,000 sq. ft. for Lot 131-B. The newly created lots would be typical of the average neighborhood lot size. A single family residence exists on Lot 131-A, with proposed construction of a new single family residence on Lot 131-B. Lot 131-B is buffered from surrounding homes by mature trees and a large rock outcropping which is located east of the existing frame house. Access to Lot 131-B off MacGregor Avenue at the southeast corner is possible but would require relocation of a power line guy pole. Staff requests a separate drawing be provided showing the proposed access driveway contours. Commissioners concerns included public requests for controlled development, public concern about allowing continued lot splitting, and area housing needs. It was moved and seconded (Brown-Cooper) Replat.of Lot 131, Al Fresco Place be favorably recommended to the Board of Trustees, with the findings that there are special circumstances or conditions affecting the property, that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner, that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, and contingent upon the following conditions, and it passed by the following votes: Those voting "Yes": Brown, Cooper, Pohl, Sager. Those voting "No": Burgess, Thomas: 1. Relocation of the power line guy pole at developer expense. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS planning Commission, September 20, 1994 - Page 3 2. Drawing of driveway access/design be provided to Staff and that driveway design incorporate erosion control. 3. Verification of location of utility services, necessary easements, and service ability. 3.D. Replat of Lot 2. Tanton Subdivision. Dave Tanton/ Applicant. Continued to the October 18th meeting. 3.E. Preliminarv Plat. Stanlev First Subdivision. Stanley Hotels. Ltd./Applicant. Applicant's representative Dale Ohlhausen of Landmark Engineering stated development will follow the requirements of the Stanley Historic District Master Plan. The existing land use is the Stanley Hotel and is zoned C-0 Commercial Outlying. Steamer Parkway provides access to the area. It is proposed to create two single family lots (Lots 10 & 11), with the Stanley Hotel on Lot 1. The proposed lot sizes are: Lot 1, 27.102 acres; Lot 10, 2.868 acres; and Lot 11, 5.03 acres. The subdivision also establishes a 45 foot wide private street system for access to Lot 2 (Overlook). Director Stamey noted that existing easements need to be verified and listed on the plat. Chairman Sager commented that information on the preliminary plat is outdated, does not have a current legal description, and the vicinity map is not at the proper scale. Mr. Oldhausen requested that the Improvement Guarantee be waived. Commissioner Brown stated that an Improvement Guarantee needs to be filed to protect the public interest, that it is important to maintain the emergency access, and that current easement and legal description need to be provided. Commissioner Brown left the meeting prior to the vote. It was moved and seconded (Pohl-Burgess) the Preliminary Plat, Stanley First Subdivision be approved, maintaining the existing emergency access at the northwest corner of the site or suitable alternative, with the final plat to include current legal description, map, and vicinity scale, and contingent upon the following conditions, and it passed unanimously. 1. A note to be placed on the final plat stating that any development on Lots 1, 10 and 11 is subject to the terms and conditions Of the development agreement and architectural and technical review. 2. The proposed access agreement to be reviewed by the Town Attorney. The 45 foot wide access easement to be considered a private street, designed and constructed to public street standards. The private street and access easement provide access to Lots 1, 2, 10, and 11 with timing for construction to be determined. Any development on Lots 10 and 11 be required to construct a street segment to their respective lot entrance. Any development on Lot 2 or expansion of the uses on Lot 1 be required to build the complete system. There could also be a reimbursement agreement among the owners of Lots 1, 2, 10, and 11. 3. Upon development of Lot 2 or extensive remodeling of the hotel structures on Lot 1, the existing six-inch steel water main to be replaced with a six-inch ductile iron pipe at the expense of all the proposed lots within the Stanley First Subdivision. The line to be deeded to and maintained by the Town. This condition, as well as a cost sharing agreement, to be noted on the plat. The developer hereby authorizes the Town (at the Town's expense) to tap into the private six-inch water line, for BRADFOROPUBL-1§HINGCO. RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 4 use to irrigate the hotel entrance landscaping. Future six-inch water line replacement costs will not be the responsibility of the Town. 4. All proposed utility easements to be 20 feet wide. A 20 foot utility easement be provided for the six-inch water line and extend north to Black Canyon Hills, to the east property line, then south to the Steamer Parkway right- of-way. A 20 foot utility easement be provided along the south lot line of Lot 10. The easement across Lot 7 to be 20 ft. wide. Since Lot 7 is under separate ownership, that easement to be dedicated by a separate document. 5. All road and utility survey information be provided on the final plat. The lot lines need be added to the vicinity map. The Overlook lot be shown as Lot 2. Adjacent Lots 4 through 9 should also be identified. 6. Street and utility plan and profiles be submitted with the final plat. 7. With final plat submittal, an Improvement Guarantee and Letter of Credit is required for street, water line, and utility construction. 4. ANNEXATION. 4.A. Park Entrance Estates Annexation. Park Entrance Estates Homeowners' Association/Applicant. Chairman Sager opened the Public Hearing. Director Stamey reported that the residents of Park Entrance Estates have submitted an annexation petition. The area consists of 54.56 acres, 36 platted residential lots, and two adjacent metes and bounds lots. Landowners of at least 50% of the area to be annexed have signed a petition. Director Stamey reviewed the annexation impact report and proposed annexation agreement (Memorandum of Understanding) between the Town and the Park Entrance Estates Homeowners' Association. The existing streets - are unpaved and will not be maintained by the Town until paving is completed by the Association or Special Improvement District. The existing water system is private. Sanitary sewer is provided by Upper Thompson Sanitation District with no extensions proposed. Continued E-Estate zoning and residential land use is proposed. Any residential units used for nightly rentals will be "grandfathered". The Memorandum of Understanding outlines the plans for providing Town services in the areas of zoning, streets, snowplowing, water rates, water lines, taxes, police protection, building permit/inspection, and street lights. Town-provided services will be funded through the Town's General Fund. Park Entrance Estates is currently within the Park R-3 School District, and thus, annexation will have no adverse impact. This site is also within the boundaries of the Estes Valley Public Library District, Estes ~ Park Hospital District, and Estes Valley Recreation and Park District. Bernie Holien requested that the proposed street light at the corner of Heinz Parkway and High Drive not be installed. Due to the dead-end street and very little traffic, the light may not be necessary. Light pollution should be kept to a minimum. Naomi Williams, President of the Park Entrance Estates Association, noted that the street light was requested for safety purposes. There being no further comment, Chairman Sager closed the public hearing. It was moved and seconded (Burgess-Thomas) the Park Entrance Estates Annexation be favorably recommended to the Board of Trustees and that the zoning be E-Estate, and it passed unanimously. BRA'FORIPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission, September 20, 1994 - Page 5 5. COUNTY REFERRAL. Proposal for Transfer of Development Rights. Director Stamey received a letter regarding a transfer of development rights proposal between Larimer County and Common Lands LLC. Following discussion, it was moved and seconded (Pohl-Burgess) that Staff request additional information from the Larimer County Planning Division as a decision and recommendation cannot be made at this time, and it passed unanimously. There being no further business, Chairman Sager adjourned the meeting at 11:40 a.m. -1-1.4- K ke-Qi Tina Kuehl, Deputy Town Clerk pt. i./Ir#,7 34.¥?04'FI J,....p . -. ./ = C % 3 0 : tes l-9. 444 Al . v '< L bi : '. -4-t N/.:43'q 2.0., 1-r 6./.:? 4. 313434 L .:./*AM - b. 1·: 7 2-*:.....6.-f:~ r. C< CO O LO 00 00 0 r-1 A 0101N NOO -. uncONhuOmt . 9 7 7 - 00 7 elm cifm4.44 co 00 0 01 0 N Q i C 1-0 10 94 N L 71 Le ..E ..... E 8 4 1- ..... 00 . 2 C. 0 0 :G M .iE M E :43 4 -6 2 g E # 296£ 11~81 ed '22//Ag 7~ 0 m 8% > rwl#jE.14.-. 1 2 64 4 -3 0 6 88 al 1 1 Ekbu + CA~ ed E - 4- C C CO © 0.1 =1 4.3@@&*N 4 © a vote ¥E for Parks Space and *ails (POST 2001) Before it's too late... Before it's too late... II!Al JI,OA 15g[1 1110~ 8 l ZZ xog ·021 }pq e Xjunol LZ508 'SumoD 1.lod ·· ....... AI.IJAPAA/uoljuITIJAA 'TIJ}·It?IN S for Parks, :IP?J 3§23Id uOUBUI.IOJUy 3.IOUI 101 Sjoinse@Ji 'uoilog ouueaf pue le@N INEI '@@11!LulljoI) l 002 16Od Xq joj P!12d aptoj ase@id - Mui Xos l.nuv\ Jaded [)@IJAD@J uo poluud (POST 2001) u. 11!M *auoul q!'*uo, 'noA C'S U 0 4 0 0 M C U 2 4 0 0 tul M E 2 3 4 .~ cs 2 WE M 1,1 - CD E E C = 71 ./ u 3 -.- = 1 E- = 0 268 3 3 E m z E 0 830 19 2-:2 - A O = 1 8 9 £0 0 8 5 d 0 4 0 „dam 0 ME= A -6-1 M 4 O M CS 0 22 0 EN E-E» =A M 0 006 4 12 2 0 0 C O Z Lut M=41 T A U A A 4 >4 8 . . . . . . . r I fl' 4 - 4 la '2 4 9 *6 ,;KE >15 , ' b i, 4'4"t: 0 2 4 U 0 7, *£'d 6 .1 4 9 _1 1 4 U B .1 M 4 0 € = U== 724 4= U CD 0.- 2 0 E ,% 21%% 4- 3 0 0 LE lE € 2 E bbY 0 = C. 4 t (0.2 000¤ gzrcuE© (44 24;KUOUO 1 11* g Q F 4 ¤ U CS ·- (0 O73494Utu Z=45 0 Nurs Trails throughout La is a citizen- TO VOTE FOR PARKS, OPEN SPACE AND TRAILS other source of funding ts to protect open * Trails, parks and other recreational opportunities space and provide trails on unty-wide basis. an additional 200,000 residents. etween our communities, helping them maintain W? 01 UIFISold 141 JO slyouiq % 1 Jo t'/I P yiq pip{Ao.Id m HIM U dION IZINi Lfluno) 341 01 5.IOUSIA 11410 pIm Elsp[ 1881!134 U.Ials/M InO U .IJIIIJ.ItrI Iepads e In pilasodip m 91 110 05 11€Od JO Iekoiddv suo 17311 O.InlnJ JOJ 1,eds uido »ped JOJ KINO pasn pu e The money will be used to protect the foothills, our scenic views, and wildlife habitats. to preserve land. Larimer tion will double in the next two ome of the open space will provide buffer areas 9 341 118nO141 /IquITUAI? SpU umbil purpouum X.IJA J.Ir Lue.I legl Iesodoid 15JPOUI pUU ·Aluno) 341 U! sm! UN*2111% OUT+121~3% L~·772~i~ parks, open will be expanded and improved. *sve.Ii pur Jouds uado »[ird kno 101 eir distinct 1 431 Ul Ze,OI 1 8 /41 148/1 341 1{UIOUOJJ . S J! The ballot proposal for Parks, Open Space and initiated effort called POST 200 . s will be specifi- 'Sielit UJAJE maintenance Section 7: The Town of Estes Park, Colorado hereby -consents pursuant to Section 37-45-136(3.6) C.R.S., to the inclusion of the lands described above into the Northern Colorado Water Conservancy District and the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section 8: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. TOWN OF ESTES PARK By: 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 September 27, 1994, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1994. Town Clerk -2- ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS PARK ENTRANCE ESTATES ADDITION ' BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: That a Petition for Annexation, together with four (4) copies of the plat of said area, as required by law, was filed with the Board of Trustees on the 9th day of August, 1994, by the landowners of more than fifty percent (50%) of the area, excluding public streets and alleys, of the area hereinafter described. The Board, by Resolution at a regular meeting on the 9th day of August, 1994, accepted said Petition and found and - determined that the provisions of Section 31-12-107(1), C.R.S., were met; and the Board further determined that a public hearing should be held on September 27, 1994 at 7:30 P.M. in the Municipal Building for the purpose of determining that the proposed annexation complies with the applicable provisions of -Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation. Section 2: That the Notice of said Hearing was given and published as provided in Section 31-12-108, C.R.S. Section 3: That the Hearing was held pursuant to the provisions of Section 31-12-109, C.R.S., on this 27th day of September, 1994. Section 4: That following said Hearing, the Board of Trustees adopted a Resolution determining that the proposed annexation met the requirements of the applicable parts of Section 31-12-104 and 31-12-105, C.R.S.; and that an election was not required under Section 31-12-107(2), C.R.S. Section ·5: The annexation is not subject to any additional terms and conditions Section 6: That the annexation of the following described area designated as PARK ENTRANCE ESTATES ADDITION to the Town of Estes Park, Colorado, is hereby approved: PROPERTY DESCRIPTION: A tract of land located in the SWk of Section 26, T5N, R73W and the NWit of Section 35, T5N, R73W of the 6th P.M., Larimer County, Colorado being more particularly described as follows: Exhibit "A" attached hereto and incorporated herein by reference. 4/ e 3-e. Replat of Lot 131. Al Presco Place. Northeast Corner o f Chiquita Lane and Chapin Lane. John Grace/Applicant. Applicant's representative Paul Kochevar explained Applicant wishes to divide the existing lot of 2.2 acres into two lots of 1.17 and 1.03 acres. Applicant is requesting an exception e,4 to the minimum lot size requirement of 60,000 sq. ft. for Lot 131-A and 74,000 sq. ft. for Lot 131-B. The newly created 1.09 lots would be typical of the average neighborhood lot size. A single family residence exists on Lot 131-A, with proposed construction of a new single family residence on Lot 131-B. Lot 131-B is buffered from surrounding homes by mature trees and a large rock outcropping which is located east of the existing frame house. Access to Lot 131-B off MacGregor Avenue at the southeast corner is possible but would require relocation of a power line guy pole. Staff requests a separate drawing be provided showing the proposed access driveway contours. Commissioners concerns included public requests for controlled development, public concern about allowing continued lot splitting, and area housing needs. It was moved and seconded (Brown-Cooper) Replat of Lot 131, Al Fresco Place be favorably recommended to the Board of Trustees, with the findings that there are special circumstances or conditions affecting the property, that the exception is necessary for the preservation and the enjoyment of a substantial Property right of the petitioner, that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, and contingent upon the following conditions, and it passed by the following votes: Those voting "Yes": Brown, Cooper, Pohl, Sager. Those voting "No": Burgess, Thomas: 1. Relocation of the power line guy pole at developer expense. 2. Drawing of driveway access/design be provided to Staff and that driveway design incorporate erosion control. 3. Verification of location of utility services, necessary easements, and service ability. 4. ANNEXATION. 43. Homeowners' Association/Applicant. Chairman Sager opened the 4-lf Park Entrance Estates Annexation. Park Entrance Estates Public Hearing. Director Stamey reported that the residents Of Park Entrance Estates have submitted an annexation - petition. The area consists of 54.56 acres, 36 platted residential lots, and two adjacent metes and bounds lots. Landowners of at least 50% of the area to be annexed have A« signed a petition. Director Stamey reviewed the annexation impact report and proposed annexation agreement (Memorandum of Understanding) between the Town and the Park Entrance Estates Homeowners' Association. The existing streets are unpaved and will not be maintained by the Town until paving is completed by the Association or Special Improvement District. The existing water system is private. sanitary sewer is provided by Upper Thompson Sanitation District with no extensions proposed. Continued E-Estate zoning and residential land use is proposed. Any residential units used for nightly rentals will be "grandfathered". The Memorandum of Understanding outlines the plans for providing Town services in the areas of zoning, streets, snowplowing, water rates, water lines, taxes, police protection, building permit/inspection, and street lights. Town-provided services will be funded through the Town's General Fund. Park Entrance Estates is currently within the Park R-3 School District, and thus, annexation will have no adverse impact. This site is also within the boundaries of the Estes Valley Public Library District, Estes Park Hospital District, and Estes Valley Recreation and Park District. Bernie Holien requested that the proposed street light at the corner of Heinz Parkway and High Drive not be installed. Due to the dead-end street and very little traffic, the light may not be necessary. Light pollution should be kept to a minimum. Naomi Williams, President of the Park Entrance Estates Association, noted that the street light was requested for safety purposes. There being no further comment, Chairman Sager closed the public hearing. It was moved and seconded (Burgess-Thomas) the Park Entrance Estates Annexation be favorably recommended to the Board of Trustees and that the zoning be E-Estate, and it passed unanimously. uNNND PUILI.MING CO. RECORD OF PROCEEDINGS - -Ii-Ii- planning Commission, September 20, 1994 - page 2 J.•r Amended Plat. Lots 11 & 12. Craas subdivision. Audubon Street. C. Franklin Hix/Applicant. Applicant' s representative Bill Van Horn stated Applicant is requesting to amend the building envelopes 8 feet to the northeast on the two existing lots to accommodate the terrain and preserve existing trees. --*- Presently, there is a zero lot line on the southwest boundary 6%5g~~' of Lot 12 and a 10 foot setback between Lot 11 and 12. No lot -- ' boundaries are being changed; no new lots are being created. r> Existing zoning is R-M Multiple Family. Upon Commissioner request, Mr. Van Horn stated that the existing utility easement along the northeast lot line of Lot 11 and the existing building foundation would be shown on the plat. Director Stamey noted that the original subdivision allowed zero lot lines on some lots. He requested an easement for maintenance be granted across Lot 12 for access by Lot 11. Mike Miller/Resident reported that the information received in the mail was vague and requested that future mailings include clear drawings and explicit explanations. It was moved and seconded (Brown-Pohl) the Amended Plat, Lots 11 and 12, Crags Subdivision be approved provided the Applicant furnish separate sewer connections and provided the existing utility easement and a maintenance easement (4 feet minimum) is granted over Lot 12 for Lot 11 access, with both either being shown or noted on the plat, and it passed unanimously. 1-F Lot 1. Block 8. North Ridge Meadow Condominiums. Rich • Willa/Agolicant. Applicant's representative Bill Van Horn requested a seven-year vested rights period to complete Phase II North Ridge Meadow Condominiums. The Planning Commission /1 approved the Phase II Development plan on July 19, 1994 with a three-year vested rights period. Applicant believes that € ) waiting to the end of the present completion date, July 1997, to ask for a further extension may produce an unfavorable *M~ response as changes in elected and appointed officials occur. Mr. Van Horn reported all infrastructure work is complete. Director Stamey read a letter from Town Attorney White who advised that Section 24-68-104 C.R.S. provides that the vesting of a property right shall be for a period of three years with possible expansion granted due to relevant circumstances such as the size and phasing of the development, economic cycle and marketing conditions. This extension must be adopted as a legislative act which requires Board of Trustee approval. Audience comments were heard from Ron Harvey and Ed McKinney, both supporting the proposed extension of time to complete this project. commissioner concerns included public safety with a long-term construction project, visual impact, lack of justification submitted for extension request, and the Applicant's knowledge of the law regarding project completion time frames. It was moved and seconded (Thomas-Cooper) that the Applicant be granted a six-year vested rights period, to the year 2000, to complete Phase II of North Ridge Meadow Condominiums. Motion failed: 2 in favor (Cooper, Thomas ), 4 opposed (Brown, Burgess, Pohl, Sager). It was moved and seconded (Brown-pohl) that a four- year vested rights period be granted, to July 19. 1998. citing precedent-setting action regarding Stanley Historic District and Timberlane, and it passed by the following votes: Those voting "Yes": Brown, Burgess, Cooper, pohl, and Sager- Those voting "No": Thomas. Mr. Van Horn also submitted a drawing of the proposed landscaping for this development, which will be discussed at a future meeting. BRAOFOROPUBLISHING CO· RECORD OF PROCEEDINGS Special Events Committee September 22, 1994 Committee: Chairman Doylen, Trustees Gillette and Marshall Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Coordinator Hinze, Rooftop Rodeo Committee President Gary O'Connor, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:01 A.M. LONG' S PEAK SCOTTISH HIGHLAND FESTIVAL - JIM DURWARD~~ Festival President Durward suggested the form*~~frof a standing or ad-hoc committee to work on asset developmal€-(long-term planning, initial contact with agencies, c.~24*T- expenditures, shuttle system, facilities). The develo,/Mt of first-class events that showcase Estes Park is essenS,itf,- and, in Dr. Durward' s opinion, there comes a time when-EA#-events go beyond volunteer groups. Chairman Doylen stated,bil- Town will initiate a meeting between key event organizers 1,trvate sector) , EVRPD, School District, Town staff and otheg~§ appropriate in mid-November. Chairman Doylen, staff and Dn/Ourward will meet to define the agenda. The -7/Mbittee commended President Durward on the success of the 19-r Festival. ESTES PARK ROOFTOP RODEO COMMITTEE - APPOINTMENT OF 1994-95 MEMBERS. The following were submitted for appointment to the Rooftop Rodeo Committee for 1994-95: Officers: 3.A. /32 Gary O'Connor, President Jo Adams, Vice President .Af. fG Jill Smith, Secretary Members: Ed Allbright Ralph Ramey Jerry Brumleve Bob & Mary Jo Seifert Don Cunningham Kelly Sishc Rick Dill Karen Smith Margee Gartner Spencer & Megan Smith Ken Hobert Chuck Thomas Marion "Chief" Jenista Sue Thomas Steve Kingery Joan Van Horn Dave & Judy McPhee Betty Whiteside Vickie O'Connor The Committee recommends appointment of the 1994-95 Estes Park Rooftop Rodeo Committee Membership Roster as presented. Rooftop Rodeo Committee Report. President O, Connor report~-khUk- the Committee revised the Bylaws to allow electiaa--0-,rricers in September, and the election was . held,.,.,,upl*v~'Fe*ision allows new board members to immediatelUae,i•r!-Frinning the next year' s rodeo. Chairman Doylen comm~lea-ERat the revision is proper and that this change shaw.,1-,drit the volunteers with their planned "Western HESj,10•#*-theme. TOWN OF ESTES PARK September 22, 1994 OFFICE MEMORANDUM TO: Town Board Trustees FROM: Richard E. Matzke-7CZO„- SUBJECT: Interim Hunting Policy Light and Power Department Fish Hatchery/Hydro Property At the request of the Town Board (meeting on 9/13/94), the Light and Power Department has developed a proposed interim hunting policy for the Fish Hatchery-Fall River Hydro property. The property will be posted HUNTING BY PERMISSION ONLY, BOW HUNTING ONLY. Hunters wishing to use the property will need to obtain a permit, free of charge, at the Light and Power Department office. Permits will be issued on a first come, first served basis in an equitable fashion. Only one permit per day will be issued for each day of the hunting season. Two hunters will be allowed per each permit. Permits will be non-transferrable. Hunters must meet the following requirements: 1. Comply with all applicable state laws. 2. Comply with all Rocky Mountain National Park requirements. 3. Hunt only in designated area. (Area south of Fall River and Fish Hatchery Road) Park vehicle in designated area. (Entrance gate to property) 4. Permits will be issued to Larimer County residents only. 5. Hunting will be limited to deer and elk. This interim policy is intended to remain in effect throughout the 1994-95 hunting season. REM RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: WHEREAS, Larimer County recently completed a comprehensive Parks and Recreation Master Plan; and WHEREAS, the Larimer County Commissioners have placed an initiative on the ballot for November 8, 1994 for a one-quarter cent (%¢) sales and use tax that, if approved, will begin January 1, 1995 and end December 31, 2001; and WHEREAS, the revenue generated by this tax would be used for the acquisition, development, management and maintenance of open : space and trails, and for the renovation of existing parks; and WHEREAS, Trustee support for this ballot initiative is based on the premise that the benefits received by Estes Park residents from this tax will be proportionate to their contribution of tax revenues. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: Section 1. That the Trustees support a November 8, 1994 Larimer County ballot initiative for a one-quarter cent sales and use tax to begin January 1, 1995, and end December 31, 2001, with proceeds to be used for Larimer County open space and trail acquisition, park renovation and management and maintenance of parks, open space and trails. Section 2. That the Trustees recommend that the Larimer County Commissioners work with the Town of Estes Park to_ ensure that revenues from this tax will be expended in such fashion that the residents of Estes Park will receive their proportionate benefits from the tax in relation to their tax contribution. DATED THIS day of , 1994. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk WL'2=JOU-9 I ORDINANCE NO. AN ORDINANCE ADDING E-ESTATE ZONING TO TITLEJ17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the annexation of the Park Entrance Estates Addition was accomplished on the 27th day of September; 1994; and WHEREAS, following the testimony, the Board of Trustees have determined that it is in the best interest of the Town to zone Park Entrance Estates Addition to the Town of Estee Park as E-Estate. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. 1. Section 1. The Park Entrance Entates Addition to the Town of Estes Park shall be zoned as E-Estate. 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF SEPTEMBER, 1994. TOWN OF ESTES PARK 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 September, 1994 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of September, 1994. . RESOLUTION WHEREAS, on August 19, 1994 the Town entered into an Agreement with the Larimer County Clerk to provide coordinated election services for the November 8, 1994 General Election; and WHEREAS, the Town desires the Larimer County Clerk to appoint election judges; and WHEREAS, it is the duty of the Board of Trustees to appoint a "Canvass Board" to certify the results of the election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. That the Larimer County Clerk be authorized to appoint election judges. 2. That the Board of Trustees hereby appoints Mayor H. B. Dannels, Amy Plummer (registered elector), and Town Clerk Vickie O'Connor to act as the Canvass Board to certify the results of the election. DATED this day of , 192_-· Mayor ATTEST: Town Clerk