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HomeMy WebLinkAboutPACKET Town Board 2000-07-11A . , Prepared 7/06/00 *Revised 7/10/00 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 11, 2000 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT CALENDAR: 1. Town Board Minutes dated June 27,2000. 2. Bills. 3. Committee Minutes: A. Public Safety, July 6,2000. 4. Estes Valley Planning Commission, May 16 and June 20, 2000. 5. Estes Valley Board of Adjustment, June 6,2000. 6. Estes Park Housing Authority, June 14, 2000 *7. Continue Public Hearing to July 25, 2000 to consider Text Amendments to the Estes Valley Development Code. 2. ACTION ITEMS: 1. 1999 AUDIT PRESENTATION - FINANCE OFFICER VAVRA AND DON GRUENLER/HIRATSUKA & SCHAUS, LLP. 2. LIQUOR LICENSING: A. Stipulation Agreement with Tiny Town Texaco, Inc. - Approval. 1 Continued on reverse side B. Show Cause Hearing for Ahmed I. Zaina, BEAVER POINT QUICK STOP GROCERY. C. Transfer of Ownership Application filed by Rocky Mountain Park Inn, LLC, dba ROCKY MOUNTAIN PARK HOLIDAY INN - Approval. D. Transfer of Ownership Application filed by Sang H. and Inja K. Park, dba MOUNTAIN DEW LIQUOR - Approval. 3. PUBLIC HEARING: AMENDED PLAT OF LOT 2 AND A PORTION OF LOT 3, ROCK RIDGE ESTATES, SCOTT POPE/APPLICANT - CONTINUE TO AUGUST 8,2000. 4. PUBLIC HEARING: AMENDED PLAT OF LOTS 4 AND 5, ELK HOLLOW SUBDIVISION, RICHARD DeLONG/APPLICANT: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 5. PUBLIC HEARING: PRELIMINARY PLAT OF PAWNEE MEADOW, SECOND FILING, PAWNEE MEADOW, LLC/APPLICANT: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 6. PUBLIC HEARING: PRELIMINARY PLAT OF MARY'S LAKE SUBDIVISION, FRANK THEIS, JAMES TAWNEY AND JOAN VAN HORN/APPLICANTS A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 7. MOTION TO ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, June 27,2bOO Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 27th day of June, 2000. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Trustee Jeffrey Mayor Baudek called the meeting to order at 7:00 p.m., and Fire Chief Dorman presented a 'Life Saving Award" to Jeff Fairbanks for his actions and bravery resulting in the saving of a life (Sharon Wilson) on June 6~h. Pat Beckord, State Farm Insurance in cooperation with the State Highway Patrol, presented a $50 gift certificate to Mr. Fairbanks. Mayor Baudek expressed the Board's appreciation to Mr. Fairbanks. PUBLIC COMMENT Richard Wood, resident and business owner (201 Park Ln.) addressed special events, particularly those held in Bond Park, and their effects upon those in its immediate proximity. In summary, Mr. Wood formally requested the Board begin an immediate re- evaluation of policies and practices regarding the sanctioning and scheduling of activities/events of high density, high intensity, and high congestion, in the core downtown area, and, if deemed appropriate, adopt new policies. Pursuant to those events that may be already approved for 2000, Mr. Wood urged the Board to direct that subsequent congestion, parking, and sound levels be mitigated to the extent possible. Additionally, the Board was urged to place an immediate moratorium on any pending or future approvals until such time as the re-evaluation of these policies and practices has either been re-affirmed or revised. Mr. Wood is willing to participate in addressing this policy issue. Ralph Nicholas. On behalf of ARD, Mr. Nicholas read a letter dated June 1, 2000 commending the Board of Trustees for their action in saving wetlands in the Mary's Lake Lodge Addition Annexation Agreement. George Hockman. Commented on the RV Usage Ordinance whereby the Town has failed to enforce its regulations on a particular site that has been in violation for the past two years. Alan Aulabaugh. Questioned the status of the ICM Lawsuit; Town Attorney White noted that ICM has filed a motion for summary judgment - the court will rule on this motion. TOWN BOARD COMMENTS Trustee Newsom stated he appreciates all questions/comments to the Town Board, and encouraged citizens to continue. Board of Trustees - June 27,2000 - Page 2 Mayor Baudek reported he and Administrator Widmer recently met with John Walter, Real Estate SpecialisVPost Office. The Post Office has determined they need a facility for their carriers, and sufficient space is unavailable at their present site. The existing post office will remain at its current location; however additional carrier space, off-site, will be investigated. 1. CONSENT CALENDAR: 1. Town Board Minutes dated May 23,2000. 2. Bills. 3. Committee Minutes: A. Estes Park Housing Authority, May 17, 2000 B. Community Development, May 25,2000 and June 22,2000: 1. Team Penning Contract 2. Horse Training Seminar 3. White Stallion Productions, Inc. C. Public Safety, June 1, 2000 D. Light & Power, June 8,2000: 1. R. C. Heath Const. Co. Contract, $388,688 E. Public Works, June 15, 2000. 4. Resolution #13-00 Setting Public Hearing date of July 25, 2000 for New Tavern Liquor License Application filed by SST Bear Lake LLC, dba MARY'S LAKE LODGE, 2625 Mary's Lake Rd. 5. Resolution #14-00 Appointing an Independent Hearing Officer. 6. Resolution #15-00 Setting a Liquor Show Cause Hearing date of July 11, 2000 for BEAVER POINT QUICK STOP GROCERY, 3.2% Retail Beer License. 7. Resolution #16-00 Setting a Liquor Show Cause Hearing date of July 11, 2000 for TINY TOWN 1 STOP, 3.2% Retail Beer License. It was moved and seconded (Doylen/Newsom) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. EQUIPMENT LEASE-PURCHASE AGREEMENT BETWEEN THE FIRST NATIONAL BANK AND THE TOWN FOR A MODEL 2000 FREIGHTLINER FL-80 FIRE TRUCK. The pumper fire truck was ordered in 1999 at a price of $224,947. The Town is paying $112,500, with $85,000 being financed from the lease, and the Fire Dept. is funding $112,500. Bids were received from four local financial institutions for a four-year lease that is annually renewable. First National Bank was the successful bidder at a rate of 5.755%, with annual payments of $24,404.85, funding to be included in the 2001-2004 annual budgets. Town Attorney White prepared the Lease Agreement. It was moved and seconded (Gillette/Barker) the Lease Purchase Agreement with First National Bank be approved as presented, and it passed unanimously. 2. TOWN POLICY DIRECTIVE #1-00 - ADDRESSING INCOMPLETE TOWN BOARD LAND USE AGENDA ITEMS. Town Administrator Widmer explained the necessity of this policy, and that it (1) involves only land use Board of Trustees - June 27,2000 - Page 3 agenda items, (2) identifies the Town Board agenda deadline, and (3) allows the Mayor to grant exceptions to the policy: "henceforth, staff shall not place any land use action items on the Town Board Agenda that are not complete and ready for Town Board action. If discussions or negotiations are ongoing and have not been completed prior to the agenda deadline (close of business on the Wednesday preceding the Town Board meeting), the item shall not be placed on the agenda......" It was moved and seconded (Newsom/Gillette) Town Policy Directive #1- 00 be approved, and as there was no public comrrient, the motion passed unanimously. 3. ORDINANCE #9-00 AMENDING SECTION 8.04.075 OF THE MUNICIPAL CODE PERTAINING TO OPEN BURNING. This Ordinance proposes adding the following Section 8.04.070 to the Municipal Code: "The Fire Chief, or his authorized designee, may, by written notice to the Town Clerk, ban open burning within the Town of Estes Park due to weather and related conditions which in his sole discretion constitute a hazard if open burning is allowed. The notice is to contain the effective dates of the ban, and any conditions which the Fire Chief deems appropriate; the ban will be effective upon receipt by the Town Clerk; and the Town Clerk will notify local media of the ban and shall have the ban published one time as other legal notices of the Town of Estes Park are published. Due to the extreme fire conditions within the Town, the Ordinance includes an "emergency clause" for immediately enforcement. Fire Chief Dorman responded to various Trustee questions: the Chief does intend to ban open fires with this Ordinance, enforcement issues will be managed by the Police Dept., at this time, there are no plans to ban outside smoking, and all fireworks, with the exception of licensed commercial displays, will be banned this year. Town Attorney White read the Ordinance, and it was moved and seconded (Gillette/Doylen) Ordinance #9-00 be adopted, and as there was no public comment, it passed unanimously. 4. MUNICIPAL CODE SECTION 10.16.010 REGULATIONS FOR , RECREATIONAL VEHICLES, TRAVEL TRAILERS AND TENTS TOWN BOARD DISCUSSION REGARDING "USE." This Municipal Code Section regulates the use of recreational vehicles, travel trailers and the like for living or sleeping purposes. In a recent Community Meeting, a citizen questioned whether the Town would consider easing these regulations to allow RV's on the business owner's private property to house summer employees. Recognizing the many issues that must be addressed with this regulation, it was moved and seconded (Barker/Newsom) this topic be included in an upcoming Town Board work session, and it passed unanimously. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:35 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk Board of Trustees - June 27,2000 - Page 3 agenda items, (2) identifies the Town Board agenda deadline, and (3) allows the Mayor to grant exceptions to the policy: 'henceforth, staff shall not place any land use action items on the Town Board Agenda that are not complete and ready for Town Board action. If discussions or negotiations are ongoing and have not been completed prior to the agenda deadline (close of business on the Wednesday preceding the Town Board meeting), the item shall not be placed on the agenda......" It was moved and seconded (Newsom/Gillette) Town Policy Directive #1- 00 be approved, and as there was no public comment, the motion passed unanimously. 3. ORDINANCE #9-00 AMENDING SECTION 8.04.075 OF THE MUNICIPAL CODE PERTAINING TO OPEN BURNING. This Ordinance proposes adding the following Section 8.04.070 to the Municipal Code: 'The Fire Chief, or his authorized designee, may, by written notice to the Town Clerk, ban open burning within the Town of Estes Park due to weather and related conditions which in his sole discretion constitute a hazard if open burning is allowed. The notice is to contain the effective dates of the ban, and any conditions which the Fire Chief deems appropriate; the ban will be effective upon receipt by the Town Clerk; and the Town Clerk will notify local media of the ban and shall have the ban published one time as other legal notices of the Town of Estes Park are published. Due to the extreme fire conditions within the Town, the Ordinance includes an "emergency clause" for immediately enforcement. Fire Chief Dorman responded to various Trustee questions: the Chief does intend to ban open fires with this Ordinance, enforcement issues will be managed by the Police Dept., at this time, there are no plans to ban outside smoking, and all fireworks, with the exception of licensed commercial displays, will be banned this year. Town Attorney White read the Ordinance, and it was moved and seconded (Gillette/Doylen) Ordinance #9-00 be adopted, and as there was no public comment, it passed unanimously. 4. MUNICIPAL CODE SECTION 10.16.010 REGULATIONS FOR , RECREATIONAL VEHICLES, TRAVEL TRAILERS AND TENTS TOWN BOARD DISCUSSION REGARDING "USE." This Municipal Code Section regulates the use of recreational vehicles, travel trailers and the like for living or sleeping purposes. In a recent Community Meeting, a citizen questioned whether the Town would consider easing these regulations to allow RV's on the business ownefs private property to house summer employees. Recognizing the many issues that must be addressed with this regulation, it was moved and seconded (Barker/Newsom) this topic be included in an upcoming Town Board work session, and it passed unanimously. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 8:35 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk BRAOFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 6,2000 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 6th day of July, 2000. Committee: Chairman Gillette, Trustees Jeffrey and Newsom Attending: All Also Attending: Assistant Town Administrator Repola, Deputy Police Chief Filsinger, Fire Chief Dorman, Town Clerk O'Connor Absent None Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT. FBI National Academy Synopsis. Deputy Chief Filsinger reported on his recent graduation from the National FBI Academy held in Quantico, VA, and he extended his appreciation in being allowed to attend this high-level instruction/training. Ass't. Administrator Repola added that the FBI funded this 3- mo. instruction, with the Town funding incidentals. FIRE DEPARTMENT. Citizen Concern with Fire Danger. Gary Connely appeared to express his concern with the fire danger, not only directly adjacent to his property (Sleepy Hollow Subdivision on Fall River), but with many similar situations in Estes Park. Significant stockpiles of old timber are being stored, and the Town should investigate these areas and direct property owners to remove them. Discussion followed on enforcement, and lack thereof, and perhaps making current regulations more stringent. Fire Chief Dorman confirmed that he is currently reviewing Fire Codes in other municipalities and he anticipates submitting his recommendations for adoption of a Fire Municipal Code for Estes Park by the end of the year. The Committee recommends Chief Dorman and Code Enforcement Officer Sigler meet to discuss fire hazard issues and enforcement thereof, with a suggestion that the media be involved to call the community's attention to this viable concern. New Fire Truck Update. The new fire truck is being picked-up in Casper and it should be in-service next week. Bobcat Fire Review. Chief Dorman reviewed the EPVFD's role in the recent Bobcat Fire, where 22 members were put into service. Propane Tanker Incident. Through a Mutual Aid Agreement with Loveland, the Dept. assisted with extrication and standby efforts for a propane tanker accident on Hwy. 34. The Dept. will invoice the trucking company for their service. Fund Drive Update. Approximately 400 responses have been received in first BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee - July 6,2000 - Page 2 month of the Fund Drive. Awareness has been heightened with the Bobcat Fire. Chairman Gillette thanked all public safety personnel for their efforts during July 4th festivities. Chief Dorman confirmed there were no fires caused by fireworks this year. REPORTS. The Committee reviewed the Parking Report from May 19th through July 2nd, Tickets are primarily for downtown parking lots. Trustee Jeffrey requested and received an update on the Moraine Ave. crosswalk. The Police Seasonals will increase their presence, as they are able. Concern has been raised with the appearance of a used car lot in the Municipal Paring Lot along Elkhorn Ave., and Staff is investigating the issue. Following completion of all agenda items, Chairman Gillette adjourned the meeting at 8:06 a.m. dfil-,0- 0--a Vickie O'Connor, CMC, Town Clerk BRADFORD PUBLISH ING Co. RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission June 20, 2000,1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Edward Pohl, Commissioners Wendell Amos, Joyce Kitchen, Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio Attending: Chair Pohl, Commissioners Amos, Kitchen, McKinney, Pettyjohn and Taddonio Also Attending: Director Stamey, Town Attorney White, Senior Planner Joseph, Planner Shirk, and Recording Secretary Wheatley Absent: None Chair Pohl called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA 1. Estes Valley Planning Commission Minutes dated May 16, 2000. 2. Development Plan 00-07, Lot 3, Mary's Lake Subdivision, Applicant: Frank Theis. Continued to the July 18, 2000 Planning Commission Meeting. It was moved and seconded (Amos/Pettyjohn) the consent agenda be approved, and it passed unanimously. 2. SUBDIVISIONS 1. Amended Plat, Lot 2 and Portion of Lot 3, Rock Ridge Estates, Applicant: Scott Pope. Chris Kuglics from Estes Park Surveyors was present representing the applicant and gave a brief review of the request. Planner Shirk reviewed the staff report. The site is currently platted as Lot 2 and the North 50 feet of Lot 3. The applicant proposes to combine the two parcels into a single lot of record. Staff recommends approval. It was moved and seconded (Kitchen/Amos) to recommend approval to the Town Board of Amended Plat, Lot 2 and a portion of Lot 3, Rock Ridge Estates, and it passed unanimously. 2. Amended Plat, Lots 4 and 5, High Drive Heights, Applicant: Doug Campbell. Chris Kuglics from Estes Park Surveyors was present representing the applicant and gave a brief review of the request. Planner Shirk reviewed the staff report. The applicant proposes to combine the two parcels into a single lot of record. All comments made in Town Attorney White's memo have been addressed and will appear on the plat before going on the agenda for County Commissioners. The utility easement will not be vacated per Bill Linnane's memo. Staff recommends approval. It was moved and seconded (Amos/McKinney) to recommend approval to the Board of County Commissioners of Amended Plat, Lots 4 and 5, High Drive Heights, and it passed unanimously. 3. Amended Plat, Lots 4 and 5, Elk Hollow Subdivision, Applicant Richard DeLong. Chris Kuglics from Estes Park Surveyors was present representing the applicant and gave a brief review of the request. Senior Planner Joseph ./ADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 20,2000 Page 2 reviewed the staff report. The applicant proposes to combine the two parcels into a single lot of record. Public Works approves the utility easement vacation. The Dedication Statement shall be revised per Greg White's memo dated May 30,2000. Staff recommends approval. It was moved and seconded (McKinney/Amos) to recommend approval to the Town Board of Amended Plat, Lots 4 and 5, Elk Hollow Subdivision, and it passed unanimously. 4. Preliminary Plat, Pawnee Meadow Second Filing, Applicant: Pawnee Meadow, LLC. Chris Kuglics represented the applicants and gave a review of the request. Senior Planner Joseph gave the staff report and reviewed the seven items of the staff recommendation. The Final Plat of the Second Filing of Pawnee Meadow will include Lots 4 and 5 of the First Filing and the 4.8 acres included on this Preliminary Plat. The Second Filing will also provide for an extension of Pawnee Drive to the west to connect to Cherokee Drive. The adjacent access easements should be shown on the plat and a recording of a shared access maintenance agreement is required for the Haines property. Staff recommendation #7 is dropped as it is covered under revised #4 which requests only the final disposition of this easement. The first comment in Town Attorney White's memo dated May 30,2000 should be deleted. Public Comments: Bob Koehler, 2106 Ute Court, adjacent property owner- gave history of his 30 ft. access easement. Would either like to vacate the easement or provide access to Arapaho Estates from Highway 7. Asked for clarification regarding a perceived zoning violation on Mr. Millefs property. It was moved and seconded (Amos/Pettyjohn) to recommend approval to the Town Board of Preliminary Plat, Pawnee Meadow Second Filing, with the following conditions, and it passed unanimously. 1. The cul-de-sac street access requires a through street connection to the west on Pawnee Drive in orderto comply with the applicable cul-de-sac standards. This shall be made a condition of a Final Plat approval. The through street connection shall either be constructed or guaranteed prior to Final Plat approval. 2. ISO Calculations must be provided for review prior to Town Board review of this Preliminary Plat 3. The existing utilities serving the residence on Lot 2 that cross Lot 3 should be vacated. These service lines shall be relocated into sideline easements as noted on the Preliminary Plat sheet. This shall be shown on the Preliminary Plat. 4. One or more adjacent access easements cross the subject property; also the subject property has a right of access across the property adjacent to the East. These easements shall be noted with complete legal descriptions and reception numbers. The final disposition of the easements shall be addressed prior to Town Board review of this Preliminary Plat. Any easements or portions of easements to be vacated must be vacated with this plat or by a separate recorded document prior to Final Plat approval. Any existing roadway to be abandoned shall be reclaimed and revegetated at the developer's expense. 5. A portion of the existing access easement serving the adjacent Haines property is to be retained. This will require preparation and recording of a shared access maintenance agreement. A draft of this agreement BRADFOR/PUBLISHING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 20,2000 Page 3 shall be provided prior to Final Plat approval. 6. The note on the Plat shall be revised to read: 'The cul-de-sac, extension of Pawnee Drive and division of neighboring property requires an additional review and approval by the Town." 5. Preliminary Plat, Mary's Lake Subdivision of Mary's lake Lodge Addition, Frank Theis, James Tawney, Joan Van Horn. Bill Van Hom of Van Horn Engineering was present representing the applicants. Senior Planner Joseph reviewed the staff report. At this time, the only proposed use is the existing Mary's Lake Lodge, which is being remodeled, with the remainder of the subdivision to remain vacant. Future land uses will be submitted for review separately. The proposed subdivision is of irregular shape and contains five (5) developable lots and one proposed wetlands outlot. A portion of the wetlands may be mitigated on site and relocated perattached map (Figure #1). Drainage for Lots 2 through 5 is to flow into the proposed wetlands outlot, with Lot 1 having its own drainage patterns to be determined at the time of development. Kiowa Drive will form a loop road through the subdivision, with street improvements triggered by development patterns, as set forth in the Annexation Agreement. Mr. Van Hom made clarifications regarding the Annexation Agreement and wetland location. He also asked that they be able to work with the utilities in determining the utility easement width. The Commission directed Mr. Van Hom to improve the vicinity map and also the labeling on the plat. Perimeter crosshatch was also missing from the plat. Commissioners made note that future development would create additional traffic along Mary's Lake Road and future mitigation should be considered. Traffic impact studies will be required for the individual future development plans for these lots. It was moved and seconded (Amos/Pettyjohn) to recommend approval to the Town Board of Preliminary Plat, Mary's Lake Subdivision of Mary's Lake Lodge Addition, with the following conditions, and it passed unanimously. 1. Full compliance with the Annexation Agreement between the applicants and the Town of Estes Park entered into on the 23rd day of May, 2000. 2. Prior to placement on Town Board Agenda, submittal of a Revised Preliminary Plat containing the following notes: a) The property shall be included in the Northern Colorado Water Conservancy District. b) All lots shall be used to convey developed on-site and off-site drainage and drainage maintenance is not the responsibility of the Town. c) All developed storm flows from Lots 2 through 5 shall be directed to the proposed wetlands detention outlot in Lot 2. Lot 1 will be required to provide a separate detention facility. d) All lots accept undetained, developed point discharge storm water from adjacent sites at locations as yet to be determined. e) Direct access from Mary's Lake Road shall be restricted. All lots shall receive access from Kiowa Drive only. f) The density from the wetlands outlot shall be transferred to Lot 2 for its future development. Future density calculations for Lot 2 shall include the land area within the wetlands outlot being divided out of Lot 2 with this plat. g) Modify current Note 5 to read "the shape and size of this outlot may be reconfigured upon further review, with no reduction of the area:' •RADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 20,2000 Page 4 3. Compliance with the following requests from the Town of Estes Park Public Works Department: a) Label Kiowa Court and roadway stationing on the plat. b) The proposed roadway slopes shall be shown and shall not exceed 11%. c) Curb is required on both sides of the roadway. This will reduce the cut and erosion impact. A typical road section with three-foot shoulders should be provided. A roadway fill slope of 3:1 should be provided unless a side slope analysis can justify a steeper slope. d) A geotech fabric or similar type of engineered slope stabilization and revegetation should be provided for the roadway fill slopes. e) Utility easements shall be a minimum of 20 feet in width. 4. The Town will not maintain the proposed roadway until the entire road loop from Kiowa Ridge to the south intersection of Mary's Lake Road is constructed. 5. Zoning will follow the lot lines. 6. Applicant shall make application to the Northern Colorado Water Conservancy District prior to being placed on the Town Board agenda. Chair Pohl called a recess at 3:08 p.m. to reconvene at 3:20 p.m. Commissioner Amos proposed that a time limit of 5 p.m. be set forfuture meetings. Staff will prepare a proposal. 6. Amended Plat, Lots 42,43 & 46, Fall River Addition, Applicant: Charles Franklin Hix, Jr. Trust; Alma & C. Frank Hix, Jr. Bill Van Hom of Van Hom Engineering represented the applicants. Senior Planner Joseph reviewed the staff report with the use of a PowerPoint presentation which visually illustrated the boundary line adjustment. Required mitigation for a geologic hazard area located in Lot 3 would require additional study and clarification and would need to be recorded with the plat. A wildfire mitigation plan should be determined prior to a building permit for the building envelope on Lot 3. Due to a perceived possibility of a conflict of interest, Commissioner Kitchen abstained from a discussion on this submittal. Senior Planner Joseph reviewed staff recommendations and clarified a comment from Bill Linnane's memo dated May 22,2000. In the first item, the limit on further development applies only to development accessed from the private driveway off Big Hom Drive. Staff answered questions by the commission regarding the boundary line adjustment provision of the Code, staff's recommendation regarding the requirements for wildfire mitigation and geologic hazard mitigation requirements. Staff recommends additional geologic consulting recommendations need to be obtained priorto Town Board action for the geologic hazard mitigation. Bill Van Hom discussed the geologic hazard and wildfire mitigation requirements. He noted the historical use of the driveway as access to Lot 3. He advised that there could be a substantial house built on Lot 3 without any further blasting. He advised the property to the north was not included in this plat since it was not part of this boundary line adjustment. Public Comments: John Phipps, 585 Wonderview - spoke in opposition to the request and gave an overview of the presentation from the adjacent property owners. BRADFOROPUBLISHING.0. RECORD OF PROCEEDINGS Estes Valley Planning Commission - June 20,2000 Page 5 Ann Racine, 461 Big Hom Drive - spoke in opposition to the request, specifically addressing the problems of the private driveway. Larry Jones, 535 West Wonderview - spoke in opposition to the request, specifically regarding the steep driveway grades from the Wonderview access. Barbara Widrig, Lot 41B co-owner - spoke in opposition to the request, specifically addressing the utility distribution. Connie Phipps, 585 Wonderview - spoke in opposition to the request, specifically addressing ridgeline protection and wildfire hazard. Commissioner Kitchen left the meeting at 5:15 p.m. Gary Brown, 415 West Wonderview - spoke in opposition to the request, specifically regarding geologic hazard. Don Widrig, co-owner of Lot 41 B, 505 Big Hom Drive - spoke in opposition to the request, specifically regarding lot configuration and overall review of perceived violations. A copy of the slide presentation is on file. Judy Lamy, Rock Ridge Road - spoke in appreciation for the code that it requires geologic hazard review to allow for more informed decisions. Chair Pohl asked for any other comments from the public and there was none. Town Attorney White also commented that time was needed forstaff review of the issues that had been raised. It was moved and seconded (Amos/McKinney) to continue Amended Plat, Lots 42,43 and 46, Fall River Addition, to the July 18, 2000 meeting to allow for rebuttal by the applicant and a possible response by the public, and it passed unanimously with one absent. 3. EVDC MODIFICATIONS It was moved and seconded (Amos/McKinney) to continue the discussion on Code Modifications to the July 18, 2000 meeting, and it passed unanimously with one absent. 4. REPORTS There were no other reports. There being no further business, Chair Pohl adjourned the meeting at 5:55 p.m. Edward B. Pohl, Chair Meribeth Wheatley, Recording Secretary 9 6/ 0 , 2. /1/ae,/ , . 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I DIA'FOROPUILISHINGCO· RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission May 16, 2000,1:30 p.m. Board Room (Room 130), Estes Park Municipal Building Commission: Chair Edward Pohl, Commissioners Wendell Amos, Joyce Kitchen, Ed McKinney, Cherie Pettyjohn, and Dominick Taddonio Attending: Chair Pohl, Commissioners Amos, Kitchen, McKinney, Pettyjohn and Taddonio Also Attending: Director Stamey, Town Attorney White, Larimer County Chief Planner Russ Legg, Senior Planner Joseph, Planner Shirk, and Recording Secretary Wheatley Absent: None Chair Pohl called the meeting to order at 1:30 p.m. and noted six commissioners were present with one commissioner seat vacant. 1. MINUTES of the April 18, 2000 meeting were approved as presented. 2. DEVELOPMENT PLAN Development Plan 00-06, Location & Extent Review, Fall River Hydroelectric Plant Renovation, Applicant: Town of Estes Park. Mike Mangelsen of the Town Light & Power Department was present representing the applicant. Senior Planner Joseph reviewed the staff report. This is a location & extent review for a public facility. This is an historic renovation of the hydro plant for a museum use. One of the two accessory buildings is to be used for restrooms/orientation/storage space and the one north of the plant is to be used for Town employee housing. The restoration is generally consistent with the goals and objectives of the Comprehensive Plan. Site disturbance, as it applies to the Code, will be minimal. Portions of the old drives and paths will be revegetated. Posts and footings will be used to support the corner of the building that extends into the river channel which will prevent further erosion. Parking will be located down the existing driveway to the east. The roadway will be not be paved at this time but the road will be maintained for the low volume of traffic that is expected. Exterior security lighting will be shielded. Staff recommended approval with conditions. Mike Mangelsen commented on the history of the project and answered the Planning Commissioners questions. There has been a two-year process in procuring a grant from the State Historical Society to do the renovation. There is not a planned approach to removing the noxious weeds from the area. The access road (Fish Hatchery Road) can be accessed from two locations off Highway 34. The Sheriff's Department has this site on their scheduled routes for security checks. Public Comment: Larry Gamble, Rocky Mountain National Park- represented the Parkand spoke in favor of the project. The Town has abandoned the water right to divert waterthat was mentioned in the letter from RMNP. Director Stamey reviewed the comments received from the agencies. Betty Kilsdonk, Museum Director, reviewed some of the history of the power plant. It is listed on the State Historical Registry. DRADFORO PUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - May 16, 2000 Page 2 It was moved and seconded (McKinney/Amos) that Development Plan 00-06, Location & Extent Review, Fall River Hydroelectric Plant Renovation, be approved with the following conditions, and it passed unanimously. 1. The vested rights statement and related signature blocks should be added to the Development Plan sheet. 2. The proposed employee-housing cottage should have one parking space located next to it. 3. A flood plain development permit should be obtained priorto working inthe river channel 4. Any outside trash storage should be secured against bears. 5. The Owner should be responsible for erosion control as required to prevent the discharges of erosion of soil or fill material into the river. 6. Mitigation study and removal of noxious weeds should be included in those areas where revegetation is planned. Chair Pohl welcomed David Shirk as the new Planner 11 to the Planning Staff. 3. EVDC MODIFICATIONS Chair Pohl opened the Public Hearing regarding the EVDC modifications at 2:00 p.m. Director Stamey reviewed the modifications and noted that some would be continued to next month. 1. Vacation Rentals - Table 5-1 will be corrected to reflect the adopted intent of the Boards. Action recommended. 2. Junk violations enforcement should be added to the Code. The County regulation is included in their Code, but they have just revised their regulations and definition. After a review of the County revision, a proposed change will be recommended. Continue. 3. The legal lot definition will also be revised. Continue. 4. Outdoor storage and sales activities are explained in more detail in Section 7.13 and in Definitions Section 13.2 (33.5). Also a line item of "Outdoor Sales" should be added to Table 4-4. Action recommended. 5. Accessory Buildings should be further reviewed and additional infonnation will be presented. Recent inquiries have revealed the need for clarification in the Code. Continue. 6. A proposed Add-On Agreement provision will be submitted. Continue. Public Comment: Judy Lamy - requested a copy of the proposed changes. A corrected copy of Table 5-1 was reviewed. The correction is necessary to coincide with the approved regulation to allow short-term rentals in the County portion of the Planning Area. Copy attached. It was moved and seconded (Amos/Kitchen) to recommend to the Boards the correction of Table 5-1 (Vacation Rentals) and it passed unanimously. The Commission reviewed a proposed change regarding outdoor sales, prepared by Town Attorney White. Copy attached. Director Stamey summarized the need for clarification in dealing with outdoor sales. The current Code covers outdoor sales only as an accessory use or a temporary use. To deal with outdoorsales as a primary use, Table 4-4 needs to be modified adding outdoor sales as a primary use; Section 7.13 needs additional language; and the definition of "outdoorsales" needs to be added to Chapter 13. The Commissioners requested that outdoor ~RADFORD PUILISHING CO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - May 16, 2000 Page 3 sales should be permitted in C-O district only by Special Review. Public Comment: Larry Gamble - commented on the need for parking. Town Attorney White noted that the definition of outdoor sales needs to include "any sales under a permanent canopy." Commissioner Amos requested that staff complete their reports prior to making their presentation to the Commission. There being no further public comments, Chair Pohl closed the public hearing. It was moved and seconded (Amos/Pettyjohn) to recommend to the Boards the revisions to Table 4-4, Section 7.13 and Chapter 13 regarding Outdoor Sales and it passed unanimously. Junk Enforcement - Chief Planner Legg updated the Commission on the changes adopted by the Board of County Commissioners the previous evening regarding junk regulations. Add-On Agreement and Boundary Line Adjustment - Paul Kochevar from Estes Park Surveyors spoke in favor of the Add-On Agreement provision which is currently in use by the County. The current Code could be simplified by using the County procedures. County does not allow this procedure in a recorded subdivision and only applies to metes and bounds properties. Staff will provide appropriate language for consideration to add this provision to the Code. Modifications to the current Boundary Line Adjustment process may also be recommended. Accessory Buildings - Senior Planner Joseph reported on staff research thus far. The old Town Code limited garage space to a 3-car garage. The new Code limits total garage space to 1,000 square feet. Staff suggests revising this provisjon to consider a combined total of square footage in relation to the size of the lot or size of the structure. Detached accessory living quarters are not included in this discussion. Some other Codes in the area are as follows: A) Fort Collins sets a total of 2,500 square feet. B) Jefferson County sets 1,000 square feet for garages only like the current Code. C) Steamboat Springs sets limits to 10% of the floor area of the principal use or structure (excluding garage space). D) Larimer County uses a percentage of coverage. Town Attorney White urged the Commissioners to focus on the size and not the use. Use limitations would be difficult to interpret. Commissioners suggested limiting the smaller lot zonings to a percentage of the dwelling and the larger lot zonings to a percentage of lot sizes. Staff will prepare a formal proposal. Commissioner Amos left the meeting at 2:40 p.m. 3. REPORTS There were no other reports. BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Estes Valley Planning Commission - May 16, 2000 Page 4 There being no further business, Chair Pohl adjourned the meeting at 2:50 p.m. Edward Pohl, Chair Meribeth Wheatley, Recording Secretary Use Regulations § 5.2 Accessory Uses and Accessory Structures Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District "Yes" = Permitted "No" = Not Permitted Additional Accessory Use RE-1 RE E-1 E R R-1 R-2 RM Requirements Accessory Dwelling Yes Yes Yes Yes Yes No No No §5.2.B.2.a Unit 1.33 times minimum lot area required Barns and Stables Yes Yes Yes- No No No No No §5.2.B.2.b Golf clubhouses, Yes Yes Yes Yes No No No No As accessory uses to including space for golf courses only the sale of golf or other sporting equipment, food, and refreshments Day Care Center No No No No No No No Yes §5.1.0; as accessory to a permitted religious assembly use only Family Home Day Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.c Care Fences and Walls Yes Yes Yes Yes Yes Yes Yes Yes §7.5.H Garages, carports, Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.d and §7.11 and off-street parking areas used to serve the residents of the property Home Occupation Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.f Nightly Rentals Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.g Private greenhouses Yes Yes Yes Yes Yes Yes Yes Yes Private Schools No No No No No No No Yes As accessory to a permitted religious assembly use only; §5.1.0 5-10 Zoning Districts Section 4.4 (81 Nonresidential Zoning District shall be amended by the addition of the following category in the CommerciaVRetail uses portion of the table. The addition shall read as follows: A. Table 4-4: Permitted Uses: Nonresidential Zoning Districtl. Table 4-4 Permitted Usea: Nonreaidential Zoning Districts „.., ....: · ./...A::fil,<;imjdjk'·:+V#Miulkibl.:En/*CS"ild'i' *p" 1~6 -~ PWMW.*1 ~'-**4~W ' ---*uf.- :14*i~;1?i.44-* *~1:i~*:¥:~~;11~%*:;~'i;®~~4~43~ft~61~t~~tl~1~~~ ·Section 5.1.L and Section 7 outdoor Sales .„ p p 7.13 -- 15 Section 7.13 shall be amended as follows: 5ALES 7.13 OUTDOOR STORAGE AREAS, ~ ACTIVITIES AND MECHANICAL EQUIPMENT A. Applicability. This Section shall apply to all new development subject to this Code. B. Standards. 1. Areas for truck parking and loading shall be screened by a combination of structures and evergreen landscaping to minimize visibility from adjacent streets and property lines. 2. Areas for outdoor storage, trash collection or compaction, loading or other such uses shali be located in the rear ofthe lot. Ifthat is not feasible, then the side yard can be used but in no case shall areas be located within twenty f2) feet of any public street, public sidewalk or internal pedestrian way. (203 3. Outdoor storage, HVAC equipment, trash collection, trash compaclion and other scroce functions shall be incorporated into the overall design of the building and the landscaping plan. Views of these areas shall be screened from visibility from all property lines and separated from pedestrian areas. 4. Conduit, meters, vents and other equipment attached to the building or protruding from the roof shall be screened, covered or painted to minimize visual impacts. 5. Nonenclosed areas for the storage and sate of seasonal inventory shall be permanently defined and screened with walls or fences. Materials, colors and design of screening walls or fences shall conform to those used as predominant materials and colors on the building. If such areas are to be covered, then the covering shall conform to those used as predominant materials and colors on the Zoning Districts building. Thie subparagraph shall not apply to temporary seasonal sales uses that have valid temporary use permits as set forth in Section 5.3 of this Code. 6. The following shall apply to outdoor sales: a. The sates area shall be permanently defined and screened with walls or fences. b. The sales area including all area within the defining walls or fences shall be limited to -25. percent ofthe gross area of the Lot. Cincluclinj 56<132 c.re c. Any covering over the sales area shall be of a permanent nature. Tents, canopies, and tarps shall not be permitted. ct. 5.tbacks oise<ved. Section 13.2 (33.5) Use Classifications/Specific Use Definitions and Examples shall be amended by the addition of the following definition. The addition shall read as follows: 13.2 USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES 33.5 Outdoor Sales shall mean a retail establishment in which the retail activity occurs predominantly in an unroofed area or in which the majority of the goods, materials or other things to be sold are displayed outdoors. inclkih,% an¥ 54|06 Uhcler 0- p.tr~a.4.14 ebnery· DRAOFOR[}PUBLISHING CO. RECORD OF PROCEEDINGS . ..3..:'-..• -- Regular Meeting-of the Estes Valley Board of Adjustment t.,. -i··,;aur- 4 A.·t ·I *9· ·: June 6,2000,8:00 a.m. Board Room (Room 130), Estes Park Municipal Building Board: Chair Jeff Barker, Members Joe Ball, Judy Lamy, Wayne Newsom and Al Sager Attending: Chair Barker, Members Ball, Lamy, and Sager Also Attending: Director Stamey, Senior Planner Joseph, Planner Shirk and Recording Secretary Wheatley Absent: Member Newsom Chair Barker called the meeting to order at 8:00 a.m. MINUTES The minutes of the April 11, 2000, meeting were accepted as presented. LOT 13, WOODLAND HEIGHTS SUBDIVISION, 1861 HIGH DRIVE, APPLICANTS: JOHN & DEBBIE MCDOUGALL - SETBACK VARIANCE REQUEST FROM EVDC SECTION 4.3, TABLE 4-2 ON SETBACKS, AND SECTION 6.3.C.2, ALTERATION/EXTENSION OF NONCONFORMING STRUCTURES LIMITED Senior Planner Joseph reviewed the Staff Report. The current dwelling is situated 5 feet 2 inches from the rear property line, and has since 1959. The original cabin and subsequent additions have been located with this setback. The wellhead on the south prevents construction in that direction. The statement of intent should be corrected to state that the building is a non-conforming structure, not a non- conforming use. Member Sager noted he had spoken to Mrs. Harvill, a neighbor, who said she and her mother, another neighbor, had no objections to the proposed addition. John and Debbie McDougall were present to answer the Board members questions. There was no public comment. Based on the staff findings that the standards for determining "practical difficulty" have been sufficiently met, and the applicants have made all attempts to mitigate the situation, it was moved and seconded (Sager/Lamy) to approve the variance request, and it passed unanimously, with one absent. SKELDON R ES I DE N CE. LOT 10A, R E P LAT OF LOT 10, B LOCK 7, WIN DCLIFF ESTATES 5TH SUBDIVISION, APPLICANT: CHUCK AND SUE SKELDON - REQUEST FOR VARIANCE FROM EVDC SECTION 4, TABLE 4-2, E-1 ZONING, MAXIMUM BUILDING HEIGHT OF 30 FEET Sr. Planner Joseph reviewed the staff report. These 5 lots were platted in 1995 and are commonly referred to as the "tree house lots." This plat provided for horizontal building envelopes and a note on the plat also refers to the subdivision covenants that include design guidelines pertaining to a height limit relative to Eaglecliff Drive. The covenants set a height limit that must not exceed 18 ft. above the level of the street adjacent to the site. The existing Walsh residence on Lot l OD was built in compliance with this limitation, and it results in a height that is approximately 47 feet above the original grade at the tallest point. The steep slope of this lot creates a BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 6,2000 Page 2 situation that makes strict compliance with the EVDC 30 foot limit unreasonably difficult. The surrounding tree canopy also serves to reduce the perceived height of the home as viewed from off site. There are no adjacent view corridors that are negatively impacted by the requested variance request. Therefore, the primary consideration appears to be the visual impact of the homes which can be greatly reduced by careful selection of exterior roof materials and color. The Walsh residence is a good example of color and material choice that minimizes the visual contract between the structure an the surrounding trees. Sr. Planner Joseph reviewed correspondence from Fire Chief Scott Dorman and John Blakemore, President of Alpine Meadow Homeowners Association. Steve Lane of Basis Architecture represented the applicants. Originally the planwas submitted to the Homeowners Association to request a 5 foot setback from the front property line which was denied. The footprint for the house was then placed to the allowable 10 foot setback. The applicant has started at the lowest possible grade in order to mitigate the height requirement. Chuck Skeldon, the applicant, also responded to questions from the Commission. He is aware of the added fire hazard, as he is a career firefighter, but plans to use alternative measures rather than installing the sprinkler system suggested by Chief Dorman. It was noted that Larimer County may require certain mitigation in their building permit process since this lot is located in a wildfire hazard area. Public Comments: Brad Dement, Windcliff broker and property owner, described the program that Windcliff has to help mitigate the wildfire hazard. He reviewed the history and reasons for the required covenants for these 5 lots. The package of required features has been very site-specific and involved a large amount of review and discussion by the Windcliff community. John Blakemore, president of the Alpine Meadow Homeowners Association, noted there are two sets of covenants for this property. One is the Alpine Meadow Homeowners Association covenants for Windcliff Subdivision, and the otherset (the "treehouse covenants") is specifically for these 5 lots and are much more restrictive. Both are still in effect. Larry Gamble representing the Rocky Mountain National Park expressed the opposing concerns for wildfire mitigation and visual sensitivity to the Park. He noted that tree removal for wildfire mitigation may expose more of the structure to views from off site. Steve Lane responded to a question from the Board that they have not yet visited with Tony Simons, the County's wildfire safety officer. Based on staff findings that no adjacent view corridors are negatively impacted by the requested variance request, and the visual impact can be greatly reduced by careful selection of exterior roof materials and color, it was moved and seconded (Sager/Ball) to approve this variance request, and it passed unanimously with one absent, with the following conditions. 1. Non-reflective building materials shall be used on the roof and wall exteriors, (excluding windows). 2. Exterior colors shall be a dark grey or dark grey/green color that minimizes visual contract with the surrounding trees (similar to the existing Walsh residence). BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment ~ June 6,2000 Page 3 Member Lamy noted there was a corner of the building roofline which crossed over the building envelope. In order to make an informed decision on variance requests, she also requested that pertinent comments from all the affected agencies should be provided. Chair Barker also noted that approval of this request was not based on providing a view, but on other considerations, i.e. steep slope and shape of the lot. MELANSON RESIDENCE, LOT 10B, REPLATOF LOT 10, BLOCK 7, WINDCLIFF ESTATES 5TH SUBDIVISION, APPLICANT: JOHN AND MARCY MELANSON - REQUEST FOR VARIANCE FROM EVDC SECTION 4, TABLE 4-2. E-1 ZONING, MAXIMUM BUILDING HEIGHT OF 30 FEET Sr. Planner Joseph noted that the staff report was very similar to the previous request and noted only the site specific differences. He reviewed the correspondence received from Town Attorney White, Fire Chief Dorman, and John Blakemore. Jim Vander Vorst, principal of BVZ Architects, and associate Gary Brothers, were present representing the applicants. BVZ Architects designed the prototype for this development and were the architects on the Walsh project. They wished to revise their request to ask for a 20 foot variance rather than the 17.5 feet shown in this proposal. They have tried to set the house as low as possible; however, after the foundation is poured, it may be necessary to adjust the height a few degrees. Fire mitigation will include thinning but not clear cutting. The roof overhangs outside the building envelope are not included in this variance request and will be adjusted so as not to encroach outside the building envelope. Public Comments: George Leonard, neighboring property owner, broker and member of the Board of Directors of Windcliff Property Owners, spoke in favor of this request. Larry Gamble, RMNP, expressed concern that wildfire mitigation may require removal of trees and opening up some view corridors. The Park, however, is very comfortable with the materials and colors as depicted with the Walsh residence. The removal of trees might limit the amount of variance needed. Leonard Arnold, general contractor on Melanson residence, advised that the wildfire mitigation is used only to protect the house and not for improving the view. John Blakemore, president of Alpine Meadow Association, strongly supports the thinning of trees, but the Association does not support cutting down trees in order to build a house. Frank Haggard, 1561 St. Moritz Trail, president of Windcliff Homeowners Association, noted that there are 55 lots left to develop at Windcliff and because of their peculiar nature, slope and shape, all will probably need a variance to be completed. Clarification from the architect was given that they would be building only within the envelope and that the 20 foot variance required is to the edge of the building envelope only. They have agreed that the variance is required based on Town Attorney White's memo. Sr. Planner Joseph agreed that the degree of flexibility for the 20 foot variance has been adequately justified. IRA'FORD PUBLISHING CO. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 6,2000 Page 4 Based on staff findings that no adjacent view corridors are negatively impacted by the requested variance request, and the visual impact can be greatly reduced by careful selection of exterior roof materials and color, it was moved and seconded (Sager/Ball) to approve this variance request, and it passed unanimously with one absent, with the following conditions. 1. Non-reflective building materials shall be used on the roof and wall exteriors, (excluding windows). 2. Exterior colors shall be a dark grey or dark grey/green color that minimizes visual contract with the surrounding trees (similar to the existing Walsh residence). Chair Barker added comments regarding the reasons for approval for this and other requests which are not based on views. Member Lamy asked for more complete information from applicants in the future. Member Sager noted that there were no stakings on site of building locations and requested that, if possible, this be made a requirement for Board of Adjustment reviews. There being no further business, Chair Barker adjourned the meeting at 10:25 a.m. Jeff Barker, Chair Meribeth Wheatley, Recording Secretary Estes Park Housing Authority (EPHA) Board Meeting I)ate: June 14, 2000 Members Present: Eric Blackhurst, Sue Doylen, Lee Kundtz, Louise Olson, and Karla Porter Members Absent: Staff Present: Sam Betters, Carolyn Coffelt, and Candace Mayo Others Present: Steve Stamey The June 14 meeting of the Estes Park Housing Authority was called to order by Sue Doylen at 8:35 a.m. in the Municipal Building Board Room of the Town of Estes Park. RECORDING OF MINUTES Board meetings that involve negotiation decisions or financial expenditures will be recorded by tape as well as minutes taken. Other working meetings will not be recorded, but minutes will be taken and are available to the public. There was also discussion about moving the Board meetings to another less formal conference room within the Municipal building when the meetings do not have to be recorded. APPROVAL OF MINUTES Sue Doylen asked if anyone had any concerns, presentation or content changes to the May minutes. Lee Kundtz asked that Estes Park Interagency Council be changed to Estes Valley Coinmunity Services Coalition, Inc., and that he and Louise Olson are members. Sue Doylen asked for a motion to approve the May minutes with the reflected changes. Eric Blackhurst approved and Lee Kundtz seconded. Minutes approved. DISCUSSIONS ON RETREAT OF JUNE 9TH Sue Doylen indicated that the notes from the retreat were distributed and represents collective information. There is some duplication and other things that provide basis for action statements. The notes provide a foundation on where to go with ideas, brainstorming, dream lists, and how this Board will proceed as a collective unit. There is also a "to do" list to accomplish over the next 1.5 months or so. At this time, the notes would not be concise enough to distribute to the public. The purpose statement is important and was changed as follows: To ensure a balanced and sustainable community the Estes Park Housing Authority creates and facilitates housing opponunities and services for persons of low and moderate income. A motion was made by Karla Porter to approve the changes made to the purpose statement, and Louise Olson seconded. A unanimous decision was made by the Board to approve. EPHA June Board Minutes - Page 1 of 1 UPDATE ON LEGAL CHANGES Board members were given a draft of the Bylaws that were sent to Greg White, Attorney for the Town of Estes Park. New wording and questions were reflected in what was sent to Greg; you can see this on the draft Bylaws. Sam Betters and Greg White have spoken on the Bylaws. Mr. White will review them once he gets back from vacation. Board members were also encouraged to call Sam Betters if they have further issues that they feel need to be addressed in the Bylaws. DEVELOP ACTION PLANS Sam Betters presented options to the Board on how to proceed and asked for direction. He felt that there are a number of alternatives on how to move forward as an organization. His suggestions were: 1) Take 1-2 months to go out and meet with different organizations, employers, etc. identified in the Forward Estes Park Study. Sit down with them and ask questions on what they see as the need for affordable housing. Look at current organizations as well i. e. builders groups, and other interested parties that we identify. The strategy would be to identify them up front, and make appointments to visit them. Inform them as to what we believe the needs are, and ask their opinions and what their solutions are to solving thern. 2) Take the information that currently exists in the studies and identify what the need is by separating the need from demand. Take information we have about whom is underserved and what types of opportunities do we create to help meet these needs. Put an idea together and have them react to it. 3) Read reports, gather demographics, and move full steam ahead; not be as public minded. Meet the needs as we perceive it and move forward. The 1St one is front end loaded. It will take time and effort to identify groups, develop strategies, and action plans. The intention for this one would be to get "buy in" from the community. The 2nd gives people the opportunity to look at what we are thinking and react on it. The 3rd gets quickest results, but has the potential to expose the EPHA to the most amount o f criticism. Several employers, groups, names and contacts were suggested. It was an unanimous decision by the Board to do option 2, and somewhat utilize option 1 by identifying the specific groups. Formulate an action plan that is not cast in stone with good structure and content. Educate the community, ask what their specific needs are, and build a consensus. An emphasis must be placed on a timeframe to do this. EPHA to get enough information, listen to the community, and move forward within a specific timeframe. Sam Betters and Sue Doylen were asked what they felt the Board should target first. Mr. Betters felt that based on the studies, there is additional need for rental housing that meets the needs of the people in the 12,000-30,000 income range. Look at supply and affordability side, and possibly build a new development. If this is the direction, the site should be under control by the next deadline for tax credit applications in March of 2001. Tax credits are the most viable option that organizations like housing authorities have. Start lining up potential sites to build, and identifying resources to help us. With land costs in Estes Park, tax credits alone will not deliver development EPHA June Board Minutes - Page 2 of 2 that is affordable to the group mentioned above. The studies reflect people employed in the service and retail industries to be the most underserved. Sue Doylen felt that our approach needed to be multi-faceted focusing on acquisition and rehab to preserve existing housing, seasonal housing, and the development of new housing options for low and moderate income residents. Sue felt that our approach should also include the following: • Regulation and zoning issues we can work through by evaluating them through Steve Stamey. • Land-do a survey to find out what is appropriate and what is available. This is an ongoing process. • Financial-follow where money is. Maybe it is rental, then maybe home ownership. Ongoing process as well. • Retention-ongoing process. Once we are established, we retain either through acquisition to stay accessible for low and moderate income rather than going market rate. • Education & Support-due to the turn over of population in Estes Park, we will always have to educate so the public can understand why. Sue's suggestion could serve as the outline or guide to make decisions. It can be used as the blue print or framework to start. Board and staff members were assigned to committees to address specific issues: Issues Members Regulatory Sue Doylen, Eric Blackhurst and Steve Stamey Land Eric Blackhurst, Steve Stamey and Sam Betters Program & Financial Karla Porter and Candace Mayo Education & Support Louise Olson and Lee Kundtz Development & Retention Sam Betters Several suggestions were made to inform and educate the public on the housing authority: • Lee Kundtz and Louise Olson are attending the Housing Sub-Committee of the Estes Valley Community Services Coalition on 6/22/00. Run the concept by them. m Rotary presentation. • Coalition meeting 7/5/00 in which a reporter from Trail Gazette will be present. . Press conference or maybe article/picture of the Board in the paper. • Board of Realtors-they have suspended meetings until September. • Contractors-they have suspended meetings this summer as well. • Women's Club in January. m Summer's Resident Association • Plan 2000 • Others: national parks, newcomers, community services, habitat, hospital, league, YMCA, schools, business advocates, etc. For the upcoming meetings, it is safe to introduce the Housing Authority; who the members are, and that we are making an effort to assess the housing needs in the community. Use a very generic approach. Candace Mayo to draft general talking points by June 208 so that everyone is EPHA June Board Minutes - Page 3 of 3 consistent in what they present. A more specific presentation should be designed to present to various groups by September. For some of the groups, we will have to get on their agenda now. Candace will meet with Lee Kundtz and Louise Olson on June 22nd to talk about a media relations plan. In summary, the short term efforts should focus on clearing up organizational issues related to Bylaws, interview and select Housing Development Manager, and begin to get a sense of land options available in Estes Park. Also review Section 8 expirations in community. Work on talking points for now, and a full-blown presentation by 90 days. Make appointments with designated groups ASAP for fall. Give input into Town budget in August. REPORTS & OTHER MISCELLANEOUS ITEMS None ADJOURN There being no further business, the meeting was adjourned at 10:45 a.m. Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA June Board Minutes - Page 4 of4 I b i ' -- 1 F-»-~y~ 122 / - '.&//*... TOWN OF ESTES PARK COMPREHENSIVE ANNUAL FINANCIAL REPORT DECEMBER 31, 1999 THE AUDITORS REPORT OBJECTIVE * To express an unqualified report on the financial condition of the Town. * That the audit was performed in compliance with "Generally Accepted Auditing Standards." 1 f'.-- L-===1=1004 9(4 , 1 AUDIT OBJECTIVES AND AUDIT METHODS * Determine whether the Town' s financial statements are presented in accordance with generally accepted accounting principles. * Determine if the Town complied with state laws and requirements 1 - - - 7 rE»t/v YON' i I- -I Milt= .- - .• AUDIT OBJECTIVES AND AUDIT METHODS + We documented the controls over the various financial functions such as payroll, receipts, disbursements, etc. through internal control surveys and observation. + We tested documentation by selecting transactions and analytical review. 2 £/Etiffrriffifiaff/SEEE:Eff/SiffEEE/ki -.I=--=4 THE AUDITORS' REPORT RESULTS *An unqualified report was rendered. · • 63.ir=th F--ii a- - - 6 INTERNAL CONTROL * The Town does not currently have any material weakness in its "internal control system", because: * 1. Even though the Town has few employees involved in the accounting there is a good segregation of duties, i.e. between accounts payable, payroll, approval of expenditures, bank reconciliation' s and the preparation of financial statements. 3 - --F - .._-2 Et» 1- <.I,£1%----2<C~» INTERNAL CONTROL * 2. The Town Trustee' s tale an active role in Town management and exercises control over expenditures. TOWN OF ESTES PARK GOVERNMENTAL FUND TYPE 1999 REVENUES 390% 4% 4% A€~ m Taies • Ucenses & Pennfits 9~ O Fines ¤ Intergovernmental 5% I Charges br sen,ices i Interest i Rent a Mscellaneous TOWN OF ESTES PARK GOVERNMENTAL FUND TYPE 1999 EXPENDITURES 17% ,•••11••1~jilitim//i/MA m General government 1 Public safety o Publicworks I'll'll'llial'llitlgR.3..bjpii£*Fa - -WAF-.32=Eme O Inhargo,emmental 1 Culture & recreation m Capital oulay I Debt sen,ice 28% <»«==01@UTUL=~=1=»4 TOWN OF ESTES PARK, COLORADO COMPARATIVE COMBINED BALANCE SHEET -ALL FUND TYPES AND ACCOUNT GROUPS DECEMBER 31, 1999, 1998 AND 1997 (Totals Memorandum only) ASSETS AND OTHER DEBITS 1999 1998 1997 Cash and cash equivalents 689,077 702,980 1,369,225 Investments 23,734,555 20,333,779 17,820,168 Receivables: Interest 6,073 25,866 45,894 Taxes 974,546 869,864 819,334 Accounts 727,106 652,996 764,827 Intergovernmental 213,626 109,940 119,228 Deferred Charges 58,794 63,693 0 Due from other funds 3,786,912 3,214,091 3,087,814 Inventories 778,191 520,215 444,958 Property, Plant and equipm ent - net of accum ulated depreciation 40,757,556 39,727,904 36,742,026 O the r de b its: Amountavailable in debtservice func 1,651,337 1,731,401 1,772,966 Am ount to be provided for the paymento f long-te rm debt 3,616,438 5,683,193 6,558,882 TOTAL ASSETS AND OTHER DEBITS 76,994,211 73,635,922 69,545,322 5 u--1----u =r Il L-==11==2 TOWN OF ESTES PARK, COLORADO COMPARATIVE COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS DECEMBER 31, 1999, 1998 AND 1997 LIABILITIES, EQUITY AND OTHER CREDITS Liabilities: Due to pooled cash 821,831 722,690 499,813 Accountd payable 843,007 766,884 835,019 Accrued payroll 140,100 121,125 353,342 Compensated absenses 329,570 318,456 311,382 Retalnage payable 0 64,970 47,222 Due to other funds 3,786,912 3,214,091 3,087,814 Customer deposits 164,976 174,945 187,243 Customer advances for construction 316,866 357,570 307,034 Deferred revenue 3,093,677 2,906,341 2,420,343 General obligation bonds payable 2,460,000 2,610,000 2,670,000 Capital leases payable 1,468,480 1,919,486 2,005,476 Revenue bonds payable 6,800,000 5,385,000 6,150,000 Deferred compensation payable 0 1,539,134 1,275,656 Special assessments payable 4,456 8,474 9,239 Total liabilities 20,229,875 20,109,166 20,159,583 - . i TOWNOF ESTES PARK, COLORADO COMPARATIVE COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS DECEMBER 31, 1999, 1998 AND 1997 Equity and other credits: In vestm ent in general fixed assets 21,809,620 21,568,094 19,779,967 Contributed capital 5,674,609 5,261,587 4,729,134 Retained earnings: Reserved for: Future operations 1,065,334 1,039,392 1,022,793 Emergencies -TABOR 485,000 485,000 485,000 Catastrophic losses 1,118,092 1,034,415 953,395 Unreserved 18,721,253 17,671,554 16,708,567 Fund Balance: Reserved for: Future operations 3,150,044 2,268,917 1,617,678 Emergencies-TABOR 78,531 78,529 74,892 Debt service 1,651,337 1,731,401 1,772,966 Prepaid items 0 0 0 Long-term advances 0 0 0 Employee retirementbenefits 825,001 781,163 0 Unreserved - undesignated 2185515 1,606,704 2,241,447 Tota I equity a nd othe r credits 56,764,336 53,526,756 49,385,739 TOTAL LIABILITIES, EQUITY AND OTHERCREDITS 76,994,211 73,635,922 69,545,322 6 1- r----- -- . - TOWNOFESTESPARK G O VERN MENTAL FU N D EQUITY (1) Yearended December31 1999 1998 1997 REVENUES 6,589,267 6,4 1 8,7 1 6 5,992,365 EXPENDITURES 6,934,31 9 7,939,790 6,973,595 EXCESS EXPENDITURES (345,052) (1,521,074) {981,230) PROCEEDSFROMLEASES 0 805,502 5 1 0,4 2 5 INTERFUND TRANSFERS IN 3,062,326 2,360,530 2,169,902 INTERFUNDTRANSFERS OUT 1,258,083 958,895 1,033,048 Increase (Decrease)in Equity 1,459,191 686,063 666,04 9 BEGINNING EQUITY 3,361,318 2,675,255 2,009,206 ENDING EQUITY 4,820,509 3,361,318 2,675,255 (1 )In clude sGineral,Special Events,Conse rvation Trust,Museum, Conference Center,Com m unity Reinvestm ent, Open Space, and SeniorCenterFunds. L TOWNOFESTESPARK PROPRIETARY FUND EQUiTY (1) Yea r e nded December 31 1999 1998 1997 Revenues 10,382,457 9,778,459 10,093,858 Expenses 8,732,601 8,076,369 7,990,269 Operating Income 1,649,856 1,703,090 2,103,589 Tran sfe r to General Fund 654,534 645,738 622,745 Contributed Capital-Water 577,018 535,707 476,552 Increase In Equity 1,572,340 1,593,059 1,957,396 Beginning Equity 25,491,948 23,898,889 21,941,493 Ending Equity 27,064,288 25,491,948 23,898,889 (1)Includes Light& Power, Water, Fleet Maintenance, Catastrophic Loss and Health Insurance Funds. 7 i TOWN OF ESTES PARK SELECTED EQUITY ACCOUNTS (1) Year ended December 31 1999 1998 1997 Property and Equipment General government 21,809,620 21,566,094 19,779,967 Utility plant 1,947,936 18,159,810 16,962,059 Receivables 1,921,351 1,658,666 1,749,283 Inventories 778,191 520,215 444,958 Cash and investments General Funds 5,718,813 4,926,463 4,183,594 Special Revenue Funds 1,151,688 674,112 570,542 Enterprise & Internal Service Funds 12,118,264 8,727,618 10,030,844 -K¥•CFESESF*K GNRUI1ERRe~LFBeLESB/mRE UERDISOLINE Lkalms Ougs Fleiart Rd -De ad I,tr- tr and R,nA gxemeti SNes Itt,el M¤*luls -Rial 8 4781€23 38781 9818 2Ha5 51iE 5~14 7;386n 8 08 2 Pl R® 2 453 7,8381 BE 53*01 IliE SIE) 30112 3VDE SN2 7* 5 im *18 - %3 - - I S gorm 5!146 aRE *20 3~9tl 8013 8211, 8 *751 41;8 40: 3302 3@191) m!13 442 8 1 1 1[YFO:151!Slm GNm-(IMRMNamORRSB/FUCKN UGEXISICSIE (laue Iner- RIa G'B+ Rlic Rlic ad Ounnul (0" QU *, Q}a,nut Sfely V¥,le; Rcidkn Gats Q:124 SNoe -RUI 191 19*631 14%86 ega31 104% G:KIE 01439 4791531 1*6 16§003 19¥63 98§19 111585 3*{D 8*313 181110 7,~81 066 179~3 14918 106*9 127400 ye[D 1511(23 1:6@77 4-£E 00 'UNS 1811 113@3E 1381131 :VED 23@463 '00[Iy *948 11 ggE 19]1631 121*1 1278 ZED 111933 'l£41 1014¢96 190 2477,13 2142# 8)1(EB liBU[B 14(ID 'Img lmi[H) 4Bplc 9 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK ESTES PARK COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: Tiny Town Texaco, Inc. Gary Mitchell, President TINY TOWN 1 STOP 860 Moraine Ave. Estes Park, CO 80517 3.2% Retail Beer License #02-46528-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and Tiny Town Texaco, Inc., dba TINY TOWN 1 STOP, is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to a total suspension of 21 days: 7 days actual time served, with 14 days held in abeyance on the condition that no further violations occur within the one-year stipulation period beginning July 11, 2000, plus mandatory T.I.P.S. training within 90 days of July 11, 2000 of its 3.2% Retail Beer License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's 3.2% Retail Beer License to take place as follows: From: 12:01 a.m. Sunday, Julv 16, 2000 through 11:59 p.m. Saturday, Julv 22,2000. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's 3.2% Retail Beer License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this A-, day of JID C..9 , 20 D 0. 1 Tiny Town Texaco, Inc. i/>da-4 592.9.12,4 L A /0-7 -1---AUdhed-i- Title TOWN OF ESTES PARK By.l )*-4,- (CE· 3 Estesta~ Police Department By £flli_~ 0-b·u»J Town Clerk BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: Tiny Town Texaco, Inc. Gary Mitchell, President TINY TOWN 1 STOP 860 Moraine Ave. Estes Park, CO 80517 3.2% Retail Beer License #02-46528-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and Tiny Town Texaco, Inc., TINY TOWN 1 STOP, hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on June 28, 2000. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License issued to Tiny Town Texaco, Inc., dba TINY TOWN 1 STOP, 860 Moraine Ave., Estes Park, CO 80517, License No. 02-46528-0000, be and hereby is suspended for period of 21 days, 7 days actual time served, with 14 days held in abeyance on the condition that no further violations occur within the one-year stipulation period beginning July 11, 2000, plus mandatory T. I.P.S. training within 90 days of July 11, 2000. Said suspension of Licensee's 3.2% Retail Beer License to take place as follows: From: 12:01 a.m. Sunday, July 16, 2000 through 11:59 p.m. Saturday, Julv 22,2000. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk TOWN OF ESTES PARK PROCEDURE FOR SHOW CAUSE LIQUOR HEARINGS August, 1999 The show cause liquor hearing should be conducted in the following manner: 1. The Police Chief or Attorney will state their case and present any evidence they wish to support same. 2. The Licensee or Attorney will present their case and present any evidence in opposition. 3. The Police Chief or Attorney will be allowed a rebuttal, limited to the evidence presented by the Licensee. No new evidence may be submitted. 4. The Licensee or Attorney will be allowed a rebuttal that may only rebut the evidence of the Police Chief. No new evidence may be offered. 5. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. 6. Public comment. 7. Acknowledge correspondence. 8. Town Board deliberation and "Finding". 9. If a violation is found, a decision on the penalty must be reached and a "Findihg and Order" will be issued. BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: Ahmed I. Zaina BEAVER POINT QUICK STOP GROCERY 911 Moraine Ave. P. 0. Box 3584 Estes Park, CO 80517 3.2% Retail Beer License #03-46629-0000 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on June 28,2000. 2. Based upon evidence presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License issued to Ahmed I. Zaina, BEAVER POINT QUICK STOP GROCERY, 911 Moraine Ave., P. O. Box 3584, Estes Park, CO 80517, License No. 03-46629-0000, be and hereby is suspended as follows: *SEE ATTACHED MEMO TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk TOWN CLERK'S OFFICE Memo To: Honorable Mayor Baudek Board of Trustees Staff From: Vickie O'Connor, Town Clerk Date: July 6,2000 Re: Beaver Point Quick Stop Grocery Liquor Suspension BACKGROUND: This 3.2% Retail Beer License was transferred to Ahmed I. Zaina in June, 1990, and the following Liquor Code Violations have since occurred: 12/20/96 Sale to an underage person, 1St offense - Pled guilty in Larimer County Court, paid a $238 fine. (As you are aware, the Town now considers all Liquor Code violations with regard to the licensee; the person who actually commits the violation is also given a summons to Larimer County Court). 6/5/99 Sale to an underage person, 2nd offense - Town Board approved a Stipulation Agreement 7/27/99 for a 30-day suspension, 10 days served and 20 days held in abeyance, plus TIPS Training. 6/3/00 Sale to an underage person, 3rd offense. The 20 days held in abeyance on the 2nd offense were on the condition that no other violations occur within the one-year stipulation period that began 7/27/99. We did receive confirmation from American Eagle Distributing Co. that Ahmed Zaina and Janice Istre did receive TIPS training on October 25, 1999. As this was the 3rd Offense for the same violation, staff did not offer a Stipulation Agreement to the Licensee. RECOMMENDATION: The Town Board should: (1) take action on the 20 days held in abeyance from the 2nd Offense; and (2) conduct the Show Cause Hearing to determine the "Findings" and "Order" for the 3rd Offense. The Stipulation Guidelines recommend a 60-day suspension for a 3rd Offense within 1 year, with actual time served to be determined by the Town Board. BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: Ahmed I. Zaina BEAVER POINT QUICK STOP GROCERY 911 Moraine Ave. P. 0. Box 3584 Estes Park, CO 80517 3.2% Retail Beer License #03-46629-0000 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE FIELD INCIDENT REPORT OF THE ESTES PARK POLICE DEPARTMENT. WHEREAS, there is a Stipulation Agreement dated July 23, 1999, followed by a Findings and Order of Suspension whereby the Board of Trustees ordered a suspension period of 30 days (second offense), with an actual time served of 10 days, and the remaining 20 days held in abeyance on the condition that no further violations occur within the one-year stipulation period NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, July 11, 2000 at 7:00 p.m., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you, this includes suspension or revocation of the liquor license. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed and delivered to the above-mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this ag k- dayof 1~La/ , 20 5-0 TOWN OF ESTES PARK By: 'fil-, 0·66_£,J Town Clerk EXHIBIT"A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about June 3,2000, Janice R. Istre, Employee of BEAVER POINT QUICK STOP GROCERY did unlawfully sell 3.2% beer to persons under the age of 21. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT #00-808 ATTACHED July 7,2000 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: [*f~ The application was filed June 9,2000 00' The Town has received all necessary fees and hearing costs. [/ The applicant is filing as an LLC . (This license was previously held by Rex Maughan, as an "Individual". He has formed a limited liability company and the Liquor Code requires a transfer of ownership even though the person(s) involved remain the same.) There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled Scheduled )<* Completed (Date: ) *Lori Case is the Holiday Inn's Food and Beverage Director; she is also the Certified T. I.P.S. Trainer in our area. MOTION: Move the Transfer Application filed by Rockv Mountain Park Inn, LLC , doing business as ROCKY MOUNTAIN PARK HOLIDAY INN for a _ Hotel & Restaurant License be approved/denied. f f 4 1 4 4);45 TOWN oF ESTES PARK 1 Police Department .,1#5#9 497*,br,4.LigiIF:32*33~tik9N 441*9*W Diul*31 . 1 1 June 21, 2000 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Rocky Mountain Park Inn, LLC (dba: Rocky Mountain Park Holiday Inn Hotel & Restaurant Maughan, Rex G. DOB: 11/20/36 Almond, William K. DOB: 05/21/55 Ms. O'Connor: An Estes Park local record check based upon the names and dates of birth of the above-named individual(s) has been made. There are no local records on the above-mentioned individual(s). Therefore, based on the information received, I would recommend approval for Rocky Mountain Park Inn, LLC (dba: Rocky Mountain Park Holiday Inn). Sincerely, A- Gregg V. Filsi€er Deputy Chief of Police GVF/psa (970) 586-4465 • RO. BOX 1287 · ESTES PARK, CO 80517 • FAX (970) 586-4496 DR 8404 (05/98) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION U NEW LICENSE ~TRANSFER OF OWNERSHIP [3 LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ 1270.00 • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ~ Individual El Corporation G Limited Liability Company O Partnership (includes Limited Liability and Husband and Wife Partnerships) O Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Fein Number Rocky Mountain Park Tnnv T,.Ti.C. 86-0973309 2a.Trade Name of Establishment (DBA) State Sales Tax No. Business Telephone Rocky Mountain Park Holiday Inn 26-31090 970/586-2332 3. Address of Premises (specify exact location of premises) 101-201 S. St. Vrain Av. City County State ZIP Code Estes Park kar,-me.r CO 90517 4. Mailing Address (Number and Street) City or Town State ZIP Code PC) anx 1468 Estes Park CO 80517 1468 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date Rocky Mountain Park Holiday Inn 03-41158-0000 1970 Ally 01 90An SECTION A APPLICATION FEES LIAB SECTION D LIQUOR LICENSE FEES ~ 1 Il Late Renewal Application Fee................................ $500.00 1940 2 Retail Liquor Store License (city) ........................ $202.50 £000 0 Application Fee for New License .............................. 650.00 1940 Il Retail Liquor Store License (county) .....................287.50 2300 m Application Fee-New License Concurrent Review.... 750.00 1950 2 Liquor Licensed Drugstore (city) ..........................202.50 2310 E Application Fee for Transfer of Ownership ............... 650.00 1950 O Liquor Licensed Drugstore (county) .....................287.50 SECTION B 3.2% BEER LICENSE FEES 1960 0 Beer & Wine License (city)...................................326.25 2121 [3 Retail 3.2% Beer On Premises - (city) ...................... $71,25 1960 0 Beer & Wine License (county)...,,...,...,,........,..,,... 411.25 2121 El Retail 3.2% Beer On Premises - (county) ................... 92.50 1970 ~H & R License~city []county ...,,.,.,...,.,.,,....... 475.00 2122 0 Retail 3.2% Beer Off Premises - (city) ...,.,....,...,..,.,,,,, 71,25 1980 D H&R License w/opt Prem O city B county ...... 475.00 2122 0 Retail 3.2% Beer Off Premises - (county),.........,....... 92.50 1990 0 Club License D city m county ........................... 283.75 2123 El Retail 3.2% Beer On/Off Premises-(city) .............,,71.25 2010 D Tavern License m city El county........................475.00 2123 2 Retail 3.2% Beer On/Off Premises - (county) ...........,, 92.50 2020 £ Arts License m city m county............................. 283.75 SECTION C RELATED FEES AND PERMITS 2030 Il Racetrack License ncity C]county.................... 475.00 2040 El Optional Premises License m city m county...... 475.00 2210-100 (999) m Retail Warehouse Storage Permit . $75.00 1905 1 Retail Gaming Tavern Lic m city O county........ 475.00 1980-100 (999) CJ Addition of Optional Premises to existing hotel/restaurant 1 975 gl Brew-Pub License 725.00 $75.00 x Total Fee C] Other 1970-750 (999) D Manager's Registration (Hotel & Restaurant) ........ $75.00 No Fee m 3.2% Beer On/Off Premises Only Delivery Permit 2010-750 (999) 0 Manager's Registration (Tavem). $75.00 No Fee El Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) "'llill11111111111111llillWIillilillilililillillilli~' Cash Fund New LIcense Cash Fund Transfer LIcense 2300-100 2310-100 TOTAL (999) (999) DR 8404 (05/98) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No holders or directors if a corporation) or manager under the age of twenty-one years? m >63 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? Ilil (b) had an alcoholic beverage license suspended or revoked? 02 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 0 61 If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. m,63 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. m 61 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of U D© Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any 0 0 current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? 9 0 Q Ownership m Lease O Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires n/a Attach a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11 ". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. 0 9 Number of separate Optional Premises areas reqi testeri 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. m ~W 15. Club Liquor License applicants answer the following and attach: , (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and 042 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 0 42 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 0 fa (Copy of notice or application must be attached) Date of Birth 17a. Name of Manager Wil 1.iam Almond (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-1). 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes N licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. mi 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes No directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest El 4 in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DR 8404 (05/98) Page 4 |19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general parlners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-1 (Individual History Record) and provide fingerprint cards to their local licensing authority. DATE OF POSITION % OWNED NAME HOME ADDRESS, CITY & STATE BIRTH 7501 E. McCormick Parkway Rex G. Maughan 11/20/36 Member 100 Scottsdale, AZ 85258 Additional Documents to be submitted by type of entity El CORPORATION El Cert. of Incorp. El Cert. of Good Standing (if more than 2 yrs. old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP El Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) Gild-IMITED LIABILITY COMPANY GaArticles of Organization U Cert. of Authority (if foreign company) 611 Operating Agrmt. D ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service Bill Almond 101-201 S. St. Vrain, Estes Park, 00 80517 OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized,Slonature , 4 /1 Title Date 5/15/00 L REPORPMND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. ~LAmi 9 , 4000 (lu~4 1 1 : 2000 ~ Each person required to file DR 8404-1: 0 0 Yes No a. Has been fingerprinted mu b. Background investigation and NCIC and CCIC check for outstanding warrants conducted 0 El c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. m El If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and characterof the applicant are satisfactory. Wedo reportthatsuch license, if granted, will meetthe reasonable requirements of theneighborhood andthedesires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number m TOWN, CITY 01 COUNTY Signature Title Date ;ignature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners andthe clerktothe board. If, by ordinance orotherwise, the local licensing authority is some otherofficial, then such approval should be given by such official. July 7,2000 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: The application was filed June 16, 2000 The Town has received all necessary fees and hearing costs. The applicant is filing as a Individuals There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled Scheduled X Completed (Date: 6/25/00 from the Korean Retail Liquor Assn. of CO ) MOTION: Move the Transfer Application filed by Sanq H. & Marv InJa Park doing , business as Mountain Dew Liquor for a Retail Liquor Store License be approved/denied. TOWN OF ESTES PARK Police Department 0¥-9(-4,3-Mati;~ 61 -=ent,36¥*24[·:rv· ---,29£1-irdLY~~~ -*~ 2 ~. 4% CK<394!t 44-~€:.a,fefula#2***wli=+4*ks \:te# 2- 4&1 064-< 2-34*Emr,ff~.Jfu< ink i "1 j;*0**Ijfk-X ---7*~ I. 'I $ 3/9 e•=e*ce.. -2: , 1 1 ...N +1 July 3,2000 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: Mountain Dew Liquor Retail Liquor Store Park, Sang H. DOB: 07/12/52 Park, Mary InJa DOB: 03/01/59 Ms. O'Connor: An Estes Park local record check based upon the names and dates of birth of the above-named individual(s) has been made. There are no local records on the above-mentioned individual(s). Therefore, based on the information received, I would recommend approval for Mountain Dew Liquor. Sincerely, 1121-/- I- Gregg V. Filsindef Deputy Chie~Fpolice GVF/psa (970) 586-4465 · RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (970) 586-4496 DR 8404 (05/98) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION D NEW LICENSE ®ARANSFER OF OWNERSHIP m LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a 62(Individual U Corporation U Limited Liability Company El Partnership (includes Limited Liability and Husband and Wife Partnerships) D Association or Other 2. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Fein Number 52/71# /1 07« , ·S'+r ¢0...~ An<r 2a.Trade Naffie of Establishment (DBA) State Sales Tax No. Business Telephone hA((1<J-n tarh Der.0 ka-uoya 41-0-399.04 +70 490 - 3%.2-9 3. Address of Premises (specify exact locationtf premises) /Ek €t. \/ra,71 Athz City ~9tes PO Yl<4 1-·a r, 79)er · Co *05/9 County State ZIP Code 4. Mailing Address (Number and Street) City or Town State ZIP Code 7 0-8 4. Lt 7,1 :h 0 U'€ 19229 Park_ (0 %404-#') 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. ~ Present Class of License Present Expiration Date lit 040, m:,1 Dec.0 L:Quor 01-35194-0000-\§)acKAge.k°w:rs 3~ 2.4. /£1' SECTION A APPLICATION FEES | LIAB SECTICYN D LIQUOR LICENSE FEES 1 0 Late Renewal Application Fee................................ $500.00 1940 '~.Retail Liquor Store License (city) ........................ $202.50 £000 0 Application Fee for New License ............................,. 650.00 1940 Retail Liquor Store License (county) ..................... 287.50 2300 E Application Fee-New License Concurrent Review.... 750.00 1950 0 Liquor Licensed Drugstore (city) .......................... 202.50 2310 ]MI Application Fee for Transfer of Ownership ............... 650.00 1950 0 Liquor Licensed Drugstore (county) ..................... 287.50 SECTION B 3.2% BEER LICENSE FEES 1960 0 Beer & Wine License (city)...................................326.25 2121 D Retail 3.2% Beer On Premises - (city) .........,....,....,.,$71.25 1960 O Beer & Wine License (county).............................. 411.25 2121 O Retail 3.2% Beer On Premises - (county) ...................92.50 1970 OH&R License Clcity Ocounty .........................475.00 2122 0 Retail 3.2% Beer Off Premises- (city)..........,.,...........71.25 1980 DH&R Licensew/optPrem Ocity []county......475.00 2122 E Retail 3.2% Beer Off Premises - (county).....,.......,.,... 92,50 1990 0 Club License Clcity mcounty ...........................283.75 2123 D Retail 3.2% Beer On/Off Premises-(city) ..................71.25 2010 D Tavern License Il city m county........................ 475.00 2123 E Retail 3.256 Beer On/Off Premises-(county) .............92,50 2020 0 Arts License Clcity []county.............................283.75 2030 1 Racetrack License D city m county ....................475.00 SECTION C RELATED FEES AND PERMITS 2040 0 Optional Premises License m city m county...... 475.00 2210-100 (999) E Retail Warehouse Storage Permit ..................,... $75.00 1905 0 Retail Gaming Tavern Lic C]city Ocounty........ 475.00 1980-100 (999) O Addition of Optional Premises to existing hotel/restaurant 1975 0 Brew-Pub License 725.00 $75.00 x Total Fee C] Other 1970-750 (999) O Manager's Registration (Hotel & Restaurant) ..$75.00 No Fee O 3.2% Beer On/Off Premises Only Delivery Permit 2010-750 (999) U Manager's Registration (Tavem) ........,,,....,,,,,....,, $75.00 No Fee m Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO 1 State City County Managers Reg -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) Cash Fund New License Cash Fund Trans* License TOTAL 2300-100 2310-100 (999) (999) DR 8404 (05/98) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- Yes No ~ holders or directors if a corporation) or manager under the age of twenty-one years? Cl IV 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcoholic beverage license? m 6 (b) had an alcoholic beverage license suspended or revoked? m IM (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 0 8/ If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes," explain in detail. U Ff 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. El m 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of O 01 Colorado law, or the principal campus of any college, university or seminary? 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a 0 4 limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership, lease or other arrangement? 00 D Ownership [2 Lease Il Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant Expires £4429 Parl 919»3 Center Ime. 9071)- 20,/c bh ARI« QaYL 4/1 los- Attach a diagram and outline the area to be licensed (including dimensions) which shows the baY, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. m [Er' Number of separate Optional Premises areas reqitested 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. 00 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and 00 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is 00 operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? (Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? U El (Copy of notice or application must be attached) Date of Birth 17a. Name of Manager (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an Individual History Record (DR 8404-I). 17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes N licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. Ill 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, Yes Noi directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest ~ ~ in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. DR 8404 (05/98) Page 4 |19. If applicant is a corporat,on, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-I (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF POSITION % OWNED BIRTH Additional Documents to be submitted by type of entity El CORPORATION El Cert. of Incorp. El Cert. of Good Standing (if more than 2 yrs, old) ~ Cert. of Auth. (if a foreign corp.) ~ PARTNERSHIP U Partnership Agreement (General or Limited) ~ Husband and Wife partnership (no written agreement) ~ LIMITED LIABILITY COMPANY ~ Articles of Organization ~ Cert. of Authority (if foreign company) El Operating Agrmt. ~ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent (if applicable) Address for Service OATH OF APPLICANT ieclare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete o the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Co!orado Liquor or Beer Code which affect my license. Authorized~2999p h Title Date ->™D'Irpr 6/,blu-v REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (ID C.R.S. 0 (44\1- /6 , 4,000 4. Each person required to file DR 8404-I: Yes No a. Has been fingerprinted b. Background investigation and NCIC and CCIC check for outstanding warrants conducted 00 c. The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 0.0 If "no", the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and characterof the applicant are satisfactory. Wedoreport that such license, if granted, will meetthereasonable requirements of theneighborhoodandthe desires of the adultinhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number m TOWN, CITY U COUNTY 'gnature Title Date gnature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissionersandthe clerktotheboard. If, byordinance orotherwise, the local licensing authorityis someotherofficial, then such approval should be given by such official. MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Dave Shirk, Planner I[ Date: July 6,2000 Subject: Amended Plat of Lots 4 and 5, Elk Hollow Subdivision \ N--3*42 1 11 L 1 2,\ /5 ./ GOLF 2 ~ ~ [MOUNTAIN 2 )7 „in \ 1 „ 0 1-9>=iA==:1 -; \ 1 ~~~~ ~ -7 14&%¥ CM l._'_-UkkAL J P L-1!LL-:rvvir'l"'¢11 " )3 1, J.t.1 3 -0.1'~ 2-„-: 5 ---079*Vvi, --D SAADERS 2 6 1 ~ i i.. •OLLOW ,•1 _1.-1 - 6 CR Ur · 9 2 TiOBETT ~ I r~ A DO. k . 0 1,-1 It 10 1 3 13, 3 7 20 : ZO Is /O 5 -1 D M £ -L J 'DO 1 - ACRES 7 . 23 Ir , Iz 3 flo. f " r-ir-CELP • - °0' cou• 1 --I- r-r-1 r-1 x Background: The Estes Valley Planning Commission considered the Amended Plat of Lots 4 and 5, Elk Hollow Subdivision on Tuesday, June 20, at their regular monthly meeting. At that time, the Planning Commission took the following action on this plat: APPROVAL (6-0-0). The site is located west of Colorado Highway 7 (S. St. Vrain Avenue), off Lexington Avenue in the Town of Estes Park. The site is currently platted as two separate lots under the same ownership. One of the lots is developed with a single r family residence, the other is vacant. The applicant proposes to combine the two lots into a single lot of record. The land use is consistent with the existing and planned conditions of the neighborhood. Recommendation: APPROVAL. 4. M.00 01 140¥ Ht.WA RZR - d@N~ MEd SE 8 0 2031 - ~ ~ 938 ®:0 - 03 2 18 4 4 4 go 4 0 0 0 Mal 3 '= e 28 2 8 BILO E *1 S 0 09 ow.., a. 1 2 - b 0 j 0 9$5 9 1 i E -. i immi i i ai M §§3 W 11 s. 61 * 1 42 1 If F ,/ 0 1. 3 0 t= 2 2 3 , li - 5 y :i 16 0 0 • 22 ~ 0 M 2 5 : 56 1 2 hh 52/Z 1 11.Z ..0 - 9 12£ i 2 -21 7 1 @AS £ U RY 0 5 . 10 £ 1 *02 im 6 2 % 6 1 2. : 31§ , b 6 90 9 1 1 1, 1 12%:,2 8 i Ng , Elig 2 . 1:61 1 , i i 1:11 £ E :5§82 20.9 0 5 5 8.078 2 bd 8 4,15 1 I / 54*1 25:3 & 9$+ 22 fi:% li CS.3 i f 95%6 :a9#i 39 f 9 fprE,1 8 1 0 .2.9 Ela,% i .E, 116 4 1 : 1 Bail Wi F E: 236 59 O 0 0 .e :Oi : g 22 1 :4 :%115: i 5,1 16 Dili 8& 1,1 : 2 1 9 i -G~SAZ i Im CD 23-2 -22 - t 1 1 i 1,3 1: E i i D *122 &4 3 i 3; % i Rfl A t 1 1 6 2: ES m 2 1 1 11 9 1/ i N p i B li ZI 2 * 7 1 + :6 125:2 11 . .,2 4 8 cE : 1 A a C 2 -2 -- 8=1. - 4% - b ~12 R E 1 / 1 1, f 411 0 E2& E ~ W Of 1 w 1 &2 i 2 1 2 ** .21„§ C §,li 8 2 mU&* S 0 ./ .* al 1 Z 1 3 1.(D mfi 1 1 133 il 1 -I--43/ed<,ifil --46; 1 1 \ 1 0 1 11\ 4 -6 L---- -----Ji\\ C SOO•45'22'E 125.11' ) „€ r--- to' UTILITYEA~EN- -n ~ 1% \, \\ 1 al M 1 ) ' -1, il i' li §,Ail 1 1 11 1 \ \ \ 1 1 0 -1 1 4 1-7 \ \\ \ 1' 2 1'~t• i \ i 1 -- -sr.50· l 1,1 4 0 \ \ i ~5-:5:ijag Cs*9' 1 1 / \M ~j~- ~, Be€6.--~ - 1 ti i-#4 -,L i l / ) , 0-~/03%~ 3 1 »~2<2--ili w z .. .Jk -0 Iii 4 iN E •21 id e & 3:up ..0 27 .4 - m-,1 - v E| ~ d mailw - % a. L R b S '-1,1 11%»/ 3 911.- t 1 0 8 F 2.- 10 1 \ 11 1 h 2 m b /: r $5-2 1 1 4 , 11"19 ..6/imit, S \ i 0 0 O.In.ZN -- 69 1 1 1 1,:r.9123''Ju "6423: i ! EGM:fidl / / 1 3 5...1 1/ ~~f OAot._,U / / 1 \ /e + / / / r e 4 0-- -F---7 1 --1 1 LUE-u . 1 64.4,~ .0.&,CO. 1 .E 1 1 _ ~ fAANR~ 000Z -ONI 'Sb133NION3 Lt.908 NI 'S¥33NION) £81£ :ON 103 POB 1 30 L U33HS KNOW THESE PRESENTS that Richard A Delong. Penelope Delong and Flot Notlonal Bank of Fort Collins. Colorodo 60£9-989 (0£6 dVW ALINDIA installation and maintena and lionholdor(i) of thi 110•ving describ,d property being more particularly de„cribed cm foll AMENDED PLAT OF LOT 4 SUBDIVISION LOCATED IN SECTION 31, T5N, R72W OF THE 6TH P.M., TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO. 5, Elk hollow SubdMsion 09£GL ·oN *Sl'd V 13'd 'JOAO 1¥AObldd¥ JO 31¥01:ttl¥30 S.&133NION-3 N 4np wg nal 30 c¥¥08 SUBDIVISION DDITI A011OH SUBDIVISI FRAMEHOUSE TWO STORY .09£91 SId 39 34 (adm.LS d¥0 37¥OS DIHdYNO CliON S¥ 1NDNIINOM (INn03 Sail UNIVERSITY MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Senior Planner Date: 7-6-00 Subject: Preliminary Plat Pawnee Meadows Second Filling Background: This preliminary plat proposes to divide a 4.8 acre tract into four single family residential lots. The property is zoned E-1, Estate and presently supports one residence to be retained. Thefinal plat o f the Second Filing of Pawnee Meadow will include Lot 4 and Lot 5 of the First Filing and the 4.8 acres included on this preliminary plat. This will provide the required public street cul- de-sac access. The Second Filing will also provide for an extension of Pawnee Drive to the west to connect to Cherokee Drive. CHEROKEE ---ULL_ H I MEADOWS F UL_149 r·»//tv« 4// / rk'%1111>7 U // Al.LI 42 / 7/01\. 1 Recommendation: The Planning Commission acted to recommend approval of this Preliminary Plat with the following conditions: 1. The cul-de-sac street access requires a through street connection to the west on Pawnee Drive in order to comply with the applicable cul-de-sac, standards. This shall be made a condition of a Final Plat approval. The through street connection shall either be constructed or guaranteed prior to Final Plat approval. 2. The existing utilities serving the residence on Lot 2 that now cross Lot 3 shall be relocated into sideline easements as noted on the Preliminary Plat sheet. 3. A portion of the existing access easement serving the adjacent Haines property is to be retained. This will require preparation and recording of a shared access maintenance agreement. A draft of this agreement shall be provided prior to Final Plat approval. I \ \ \X \\\\ \\\\ - i »-- .0~~1<~ 6/ A /4 9 0 0 ...x ---00010:. / AP ~ r. 82 § co co Ali , EA~, 25 1 \\ \ \\ \ 3 \ ~~ ~E = ~mE* C \ .2 01 3 / ~ 2 1 'gREN 6 -1 \ 1,1 \ // / 4111 ic' 12 1 u, ~121 JM / 5%2 &* 1 5 En / b \\\\ Ze / \\\\ ;45& 28 / \ \ Vi. ft a 5. zi .c // / \\\\ GmunK § g ¢ iii ~ l 042% mE 1% I \NK>li Wd'la 2 1 1 100 3/ / 1 § A : / 0 \\\ 4. 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VERTICAL 1" gezz 00// MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Bob Joseph, Senior Planner Date:7-6-00 Subject: Preliminary Plat Marys Lake Subdivison Background: The proposed Mary's Lake Subdivision is located northwest of the intersection of Mary's Lake Road and Colorado Hwy 7. The proposal is for a five (5) lot, 40.1-acre mixed-use subdivision. At this time, the only proposed use is the existing Mary's Lake Lodge, which is being remodeled, with the remainder of the subdivision to remain vacant. Future land uses will be submitted for review separately, and are anticipated to include accommodations, residential, and church uses. The property is currently zoned a combination of"A" Accommodation and "A-1" Accommodation. SST Bear Lake, LLC has submitted a development plan for Mary's Lake Lodge for review by the Town of Estes Park, and discussions for development of the church have begun. The proposed Kiowa Drive will form a loop road through the subdivision, with improvements triggered by development patterns, as set forth in the Annexation Agreement. 4 k 2 0 CARRIAGE HILLS <P 75- \LAKE \ GREY FOX SITE \44 \ ) > Vicinity Map NOT TO SCALE Recommendation: The Planning Commission acted to recommend approval of this Preliminary Plat with the following conditions: 1. Full compliance with the Annexation Agreement between the applicants and the Town of Estes Park entered into on the 23rd day of May, 2000. 2. Compliance with the requests from the Town of Estes Park Public Works Department as outlined in the approved Planning Commission minutes of June 20,2000. 3. The Town will not maintain the proposed roadway until the entire road loop from Kiowa Ridge to the south intersection of Mary's Lake Road is constructed. 4. 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