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HomeMy WebLinkAboutPACKET Town Board 2004-03-09Prepared 03/04/04 &4/ 67- The Mleelon of the Town of Eetee Fark ie to plan and provide reliable, high-value eervicee for our citizens, vieitore, and employees. We take ereat pride eneurin0 and enhancing the Giuality of life In our community 00 by Dein0 0005 etewarde of public resources and natural eettlne. Q22*KIESy BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 9,2004 7:00 p.m. AGENDA GRADUATION CEREMONY: 2004 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Baudek, Museum Director Kilsdonk and Assistant Town Administrator Repola - Present Participation Plaques to the following: Alan Aulabaugh John Ericson, Jr. Fran Erwin Paul Erwin Milt Garrett Marie Gaw Jim Gunter Alma Hix Frank Hix Chuck Levine Karen McCIure Janet McKeen Patricia Moore David Lynn Myers Jim Owen Kyle Patterson Dennis Polosky Durango Steele PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 24,2004. 2. Bills. 3. Committee Minutes: A. Public Safety, February 26,2004: 1. See Action Itemsl.A. andl.B. below. B. Community Development, March 4,2004: Museum Dept.: 1. Museum Expansion, additional $5,046 match (Friends donation $75,000). Community Development Dept. 1. Habitat for Humanity of Estes Valley, inc. - Letter of Credit Waiver for Subdivision Improvement Agreement. 2. Estes Park Salud Family Health Center - Development Plan Fee Waiver. 3. Fall River Mobile Home Park - Waive fees for Contractor Business License, Moving Permit, and Demolition Permit. 4. Estes Park Housing Authority, February 11, 2004 (acknowledgment only). 5. Estes Valley Board of Adjustment, March 2,2004 (acknowledgement only). 1 , 6. Estes Valley Planning Commission, February 17, 2004 (acknowledgement only). lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. AMENDED PLATS. A. Lot 44, Block 1, and Outlot A, Fall River Estates - Estes Park Surveyors & Engineers, Inc./Applicant. B. Lot 1, Lake Pines Subdivision - Mark & Melanie Kozlowski/Applicants. 2. PRELIMINARY, FINAL AND SUPPLEMENTAL CONDOMINIUM MAPS. A. Lofts at Estes Condominiums - Supplemental Condominium Map #2 - Portion of Lot 30, and 39' of Lot 29, Riverside Subdivision - SRG Properties, LLC/Applicant. B. Lofts at Estes Condominiums - Supplemental Condominium Map #3 - Portion of Lot 30, and 39' of Lot 29, Riverside Subdivision - SRG Properties, LLC/Applicant. C. Solitude Condominiums 11 - Final Condominium Map - Lot 2, Solitude Subdivision - Crystal Creek Development, Inc./Applicant. D. Fall River Village Condominiums - Preliminary Condominium Map - Lots 1, 6, 7, and Portions of Lots 16 and 17 - Sunny Acres Addition - The Lane 111 Group, Inc./Applicant. 2. ACTION ITEMS: Mayor Baudek: Open the Public Hearing (A). The formal public hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 1. FINAL CONDOMINIUM MAPS. A. Solitude Condominiums 1 - Final Condominium Map - Lot 1, Solitude Subdivision - Fish Creek Properties, LLC/Applicant. B. Solitude Condominiums V - Final Condominium Map - Lot 5, Solitude Subdivision - Crystal Creek Development, Inc./Applicant. 2. FINAL P.U.D. A. Final P.U.D. #04-01, Lots 1, 6, 7, and Portion of Lots 16 and 17, Sunny Acres Addition, The Lane Ill Group, Inc./Applicant. B. Fall River Village Development Agreement. 2 K Prepared 03/04/04 2. ACTION ITEMS: 1. POLICE DEPARTMENT - MUNICIPAL CODE REVISIONS. Police Chief Richardson. A. ORDINANCE #1-04 - AMENDING CHAPTER 7.12 VICIOUS ANIMALS. B. ORDINANCE #2-04 - AMENDING CHAPTER 8.04.080 DISTURBANCE - NOISE. 2. LIBRARY DISTRICT ACCOUNTING SERVICES AGREEMENT. Finance Officer Brandjord. 3. TOWN ADMINISTRATOR'S REPORT. 4. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3 . Town Clerk's Office Memo To: Mayor Baudek, Board of Trustees Town Administrator Widmer From: Vickie Date: March 5,2004 Re: Board Room Voting System The Board Room 'Touch Screen" used to operate all room controls has been shipped for repair. During the interim, we will be using the "portable" touch screen. Unfortunately, the portable does not contain the voting system icon, thus all votes must be recorded by either a show of hands or roll call vote. Mayor Baudek will make this decision and advise everyone. Additionally, the portable is very difficult to view while taking minutes and it may take a bit longer to operate the various functions - please bear with us during this interim period. Thanks! Town of Estes Park, Larimer County, Colorado, February 24,2004 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 24~h day of February, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette Lori Jeffrey-Clark Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Absent: David Habecker, Trustee G. Wayne Newsom, Trustee Gregory A. White, Town Attorney Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT lolanthe Oprea, a 9-yr. resident, read from a prepared statement commenting on and seeking a smoking ban in Estes Park. Ms. Oprea was referred to the Town Clerk to discuss a citizen initiative petition. TOWN BOARD COMMENTS Mayor Baudek reported on the recent visit from a contingent from Monteverde, Costa Rica and that an Agreement was executed that officially names Estes Park and Monteverde International Sister Cities. The exchange will be advantageous to both municipalities in terms of schools, cultural exchanges, etc. The process will be completed when an Estes Park contingent visits Monteverde in the near future. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 10, 2004. 2. Bills. 3. Committee Minutes: A. Utilities, January 27,2004: 1. Electric Rate Study Scope of Services, Black & Veatch, $30,000. 2. Tree-Trimming Project, Asplundh Tree Expert Co., not-to-exceed $70,000. 3. Light and Power Departmental Policy Manual Revision - Discontinuance of Service (1-4). 4. Water Shop Retaining Wall Project Scope for Design and Construction Management, Cornerstone Engineering, $5,132. 5. Water System Vulnerability Assessment Scope of Services, Pinkerton Consulting & Investigation Services, $9,900. Board of Trustees - February 24,2004 - Page 2 6. Water Shop Addition and Remodel Project, O'Reilly Construction, $78,500. 7. Water Tap System Development Fee Study Scope of Services, Black & Veatch, $15,000. It was moved and seconded (Doylen/Barker) the consent agenda be approved, and it passed unanimously. l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the Consent Agenda Item. 1. CONSENT ITEMS: 1. PRELIMINARY & FINAL CONDOMINIUM MAPS. A. Overlook Condominiums, Final Condominium Map, Lot 2, Stanley Historic District, Overlook Developers, Inc./Applicant. As there was no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Doylen/Gillette) the Preliminary and Final Condominium Map for the Overlook Condominiums be approved continget,t upon the three conditions contained in the Staff Report dated 2/24/04, and it passed unanimously. 2. ACTION ITEMS: 1. APPOINTMENT OF LYLE POLSON TO MUSEUM ADVISORY BOARD, COMPLETION OF 4-YR. TERM EXPIRING 01/01/06. Mayor Baudek requested approval of the appointment of Lyle Poison to the Museum Advisory Board. Mr. Poison would complete the 4-yr. term vacated by Betty Lynne Hull. It was moved and seconded (Doylen/Gillette) Lyle Poison be so appointed, and it passed unanimously. 2. TOWN ADMINISTRATOR'S REPORT. A. Fire Incident Report. The Volunteer Fire Dept. was commended for their efforts in suppressing a fire within 10 minutes at 110 Big Horn Dr., downtown. All businesses were open for business within hours and there were no injuries. Due to the gallant efforts of the Fire Dept. a very serious incident was avoided. B. Sales Tax Report. Year-end visits in RMNP were 3.6% above 2002, and the Town's sales tax revenues were +2.2%. This percentage equates to $57,000 in additional revenues. Mayor Baudek acknowledged students from the 2004 Citizen Information Academy, and adjourned the meeting at 7:15 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 26,2004 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 26th day of February, 2004. Committee: Chairman Gillette, Trustees Jeffrey-Clark and Newsom Attending: Chairman Gillette and Trustee Jeffrey-Clark Also Attending: Town Administrator Widmer, Municipal Court Judge Brown, Police Chief Richardson, 1St Asst. Fire Chief McCown, Police Commander van Deutekom, Police Sgt. Rose, and Deputy Clerk van Deutekom Absent: Trustee Newsom Chairman Gillette called the meeting to order at 7:30 a.m. POLICE DEPARTMENT Animal Ordinance Revision - Approval Request. Chief Richardson explained that staff conducted a review of the Town's dog ordinance due to increasing vicious animal attacks occurring within Colorado. It was determined the existing Ordinance did not adequately provide the effective enforcement measures to address vicious animal violations. The revisions made are intended to provide staff the ability to effectively enforce and impound vicious animals as a matter of Public Safety. Chief Richardson presented a proposed ordinance amending Chapter 7.12 of the Municipal Code from "Dogs" to "Animals" and specifically addresses vicious animals. The proposed changes have been approved by Town Attorney White: The Committee recommends approval of the Ordinance amending Chapter 7.12 of the Municipal Code as presented. Noise Ordinance Revision - Approval Request. In October 2003, staff presented the results of a noise pollution study from various Colorado communities. Based on those findings, Chief Richardson presented a proposed ordinance amending Chapter 8.04.080 of the Municipal Code. The proposed changes have been approved by Town Attorney White. Discussion was held regarding exemptions, variances, and special events. Staff was directed to include an exemption in the Ordinance for school activities. Concluding all discussion, the Committee recommends approval of the Ordinance amending Chapter 8.04.080 of the Municipal Code, as presented, to include an exemption for school activities. Reports Municipal Court Annual Report. Judge Brown presented the Annual Municipal Court Report for 2003. A total of 287 cases were heard by the Court resulting in fines of $15,900 compared to 620 cases and $29,453 in 2002. Parking fines processed during 2003 totaled $3,860 compared to $3,578 in 2002. Discussion was held regarding a recent vicious dog case resulting in impoundment, Restorative Justice, community education programs, and the revised Court schedule. RECORD OF PROCEEDINGS Public Safety Committee - February 26,2004 - Page 2 2002/2003 False Alarm Comparison. Chief Richardson presented the 2002/2003 False Alarm Comparison Report, as summarized below: # of Alarms Warninas Total Fees 2002 186 74 $1,850 2003 129 113 $575 FIRE DEPARTMENT Reports. Fire District Update - Service Plan Draft. The Fire District Feasibility Committee (FDFC) received a draft of the Fire District Service Plan as prepared by Town Attorney White. A final Service Plan will be presented to the Town Board and County Commissioners for approval in the near future. Firehouse Remodel. The upstairs remodel project at the fire station is essentially complete. A physical trainer will begin developing fitness programs for individual firefighters soon. S.C.B.A. Upgrade - Emergency Buddy Breathing System (E.B.B.S). A new NFPA standard requires that all new air packs be equipped with a device to supply air to another air pack in case of an emergency, referred to as the Emergency Buddy Breathing System. The Dept. will purchase this apparatus and retrofit all of the air packs (21) within the next 30 days. The cost of the device is approximately $350 per pack. There being no further business, Chairman Gillette adjourned the meeting at 8:03 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 4,2004 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 4th day of March 2004. Committee: Chairman Doylen, Trustees Barker and Habecker Attending: All Absent: None Also Attending: Assistant Town Administrator Repola, Directors Kilsdonk, Joseph, Mgr. Mitchell, Chief Building Official Birchfield, and Deputy Clerk van Deutekom Chairman Doylen called the meeting to order at 8:00 a.m. MUSEUM DEPARTMENT. 1. Friends of the Museum (Friends) Monetary Gift Match - Approval Request. Director Kilsdonk reported that the Friends are providing $75,000 to assist in funding the Museum expansion. This gift allows staff to restore some of the items eliminated from the project during the 2004 budget process. Director Kilsdonk presented a detailed summary of the items and explained that the Friends are requesting that the Town assist with electrical, general conditions, and contractor fees to total $5,046. Trustees Barker and Habecker agreed that the funding amount is appropriate; however, they expressed concern regarding the process by which the request was made. The 2004 Budget was approved by the Town Board and included the Museum Expansion Project at a cost of $350,000. The budget process allowed parties to negotiate project perimeters and costs prior to budget approval. To seek items that were previously eliminated during those negotiations added back to the project at this stage is cause for concern. Concluding all discussion, the Committee recommends approval of the $5,046 expenditure to assist with electrical, general conditions, and contractor fees to be funded from the Community Reinvestment Fund as presented. 2. Museum Bi-Monthly Report. Director Kilsdonk reported on the following: > The Museum offered 72 programs, tours, and exhibit openings totaling 3,352 participants in 2003 compared to 65 programs with 3,500 participants in 2002. > Programs and events. > A total of 10,517 object, photograph and library records have been entered in the Museum's Collections database. Museum staff fielded 68 research requests and spent 114 hours with researchers in 2003. Museum collections are closed during the renovation to protect objects and records from adverse impacts during construction. * Staff submitted a $10,000 El Pomar Foundation grant for general operating support and a $24,555 Institute of Museum and Library Services grant to hire a data entry technician to complete the Museum's transfer from paper to computerized collections records. > The Museum received a $610 grant from the Lions Club to update the Native American children's interactive in the Tracks in Time perrnanent exhibit. RECORD OF PROCEEDINGS Community Development Committee - March 4,2004 - Page 2 > A new page has been added to the Museum's website to track the progress of the expansions. Photos and updates are available at www.estesnet.com/museum/expansion.htm. 3. Sr. Center Bi-Monthly Report. Mgr. Mitchell reviewed the following: > Completion of the landscaping will occur in the spring with sod, native grasses, shrubs and plants. Bids for the parking lots will be solicited in March with prep, paving and striping completed in late August. » Elections were held in January to fill three director terms on the Sr. Center Board. Directors include: Wendy Koenig Schuett, John Mason, Shirley McFarland, and Robert "Bob" Risch. * Larimer County Commissioners presented $2,475 to be used for general programming needs. » Meals on Wheels - 3,188 meals were delivered in 2003. > Congregate Meals - 8,168 meals were served in 2003. > United Way Reporting - client satisfaction surveys of the meal program indicate high levels of satisfaction in all areas. > Catering for All Occasions continues to provide high quality meals for all programs. * Programs and Activities , Public Relations » Special Transit, Sr. Center Inc., and the Town will jointly host a ribbon- cutting ceremony at the Sr. Center on Friday, March 12th at 11:00 a.m. to celebrate Special Transit's acquisition of a new $40,000 bus dedicated to their Estes Park service. COMMUNITY DEVELOPMENT. 1. Habitat for Humanity of Estes Valley, Inc. - Letter of Credit Waiver for Subdivision Improvement Agreement - Approval Request. Matt Heiser/Habitat for Humanity reported that Habitat for Humanity's affordable housing project located in the Mangelsen Subdivision is requesting a waiver of the requirement for the developer of a subdivision to provide a letter of credit for improvements of that subdivision. The budget impact would be approximately $2,000. The Committee recommends approval of the waiver request as presented. 2. Estes Park Salud Family Health Center - Development Plan Fee Waiver - Approval Request. Director Joseph presented a request for a waiver of community development fees, specifically Development Plan Review Fees for expansion of the Estes Park Salud Family Health Center facility at 600 S. St. Vrain. The budget impact would be approximately $500-600. Areas discussed include parking and community service funding. Concluding all discussion, the Committee recommends approval of the waiver request as presented. 3. Fall River Mobile Home Park Fee Waiver - Approval Request. Chief Building Official (CBO) Birchfield noted that staff is aware of the circumstances relative to the homeowners in the Fall River Village Mobile Home Park and requests waiving the following: + $200 Contractor Business License Fee + $50 House Moving Permit Fee + $50 House Demolition Permit Fee Staff does NOT encourage the waiving of any other code requirements including all submittals, permits, inspections, and/or other processes. The Committee reviewed the information packet given to homeowners to assist RECORD OF PROCEEDINGS Community Development Committee - March 4,2004 - Page 3 them in this process. Discussion was held regarding CDOT requirements, surety bonds, and insurance. The Committee recommends waiving the Contractor Business License, House Moving Permit, and House Demolition Permit fees outlined above. 4. Fee Schedule Update for International Building Code. CBO Birchfield explained that since there are no fee schedules in the 2003 International Building Code, a determination must be made to either adopt a new fee schedule or use the existing schedule. The Committee directed CBO Birchfield to survey metro and surrounding mountain communities as to their procedures and present his findings upon completion. 5. Buildina Permit Summary and Annual Permit Summary. Chief Building Official Birchfield presented the monthly and annual building permit summaries. Permit totals at year-end 2003 are down 16% from the previous year. There being no further business, Chairman Doylen adjourned the meeting at 9:06 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk Estes Park Housing Authority (EPHA) Board Meeting Date: February 11, 2004 Members Present: Susan Doylen, Eric Blackhurst, Catherine Jensen, Jack Dinsmoor. Members Absent: Karla Porter, Rita Kurelja Staff Present: Sam Betters, Rich Ekwall, Mariann Pugh, Kathy Simpson Others Present: Rick Patton, Joe Wise Guests: The February 11, 2004 meeting ofthe Estes Park Housing Authority was called to order by Chairperson Susan Doylen at 8:35 a.m. in the board room of the Estes Park Municipal Building. APPROVAL OF MINUTES: Motion was made to approve the January 14, 2004 minutes of Estes Park Housing Authority Board of Directors meeting by Eric Blackhurst and seconded by Jack Dinsmoor. Vote was called for. All voted Aye. COMMITTEE REPORTS: None DEVELOPMENT UPDATES: Talon's Pointe & Lone Tree - MariAnn reported that Talon's Point, Lone Tree, and Cleave Street were full and that she had started doing re-certifications at Talon's Point. She reported some delinquencies totaling $4,300 at Talon's Pointe and $6000 at Lone Tree. She is monitoring those residents and has made arrangements with them to get caught up on their rent. Someone asked if any of the delinquent accounts were Section 8 tenants. MariAnn responded that only a few were Section 8. Vista Ridge - Joe Wise reported that there were 3 units under contract in February with closings scheduled for March 1, 3, and 10. Joe also commented that the market is growing in Estes and that the absorption rate at Vista Ridge is running about 16 units/year compared to the original appraisal of about 4-5 units/year. He also noted that the condos are being well advertised. Sam informed the Board o f the final construction cost pro formas and indicated Phase II needs a $5,000/unit increase in sales price. The Board agreed to increase the Phase II sales prices by $5,000/unit. • Construction Update: Rich updated the time line on construction for Phase 2 of Vista Ridge. He expects the project to begin late March or early April with the first building completed on 9-1-04. - Construction site: Coe wants to use the old kennel as their construction site. Rich informed us that Coe would use the kennel, pay the monthly utilities and pay monthly rent to the Housing Authority of $250. -Eric motioned to approve the above lease agreement with Coe. It was seconded by Jack. Vote was called for. All voted Aye. EPHA Board Meeting Minutes Page 1 • Phase 2 Financing - Sam discussed the financing requirements for the Phase II construction loan and indicated the Bank of Colorado wanted at least five market rate units in Phase I closed and a sixth unit under contract before releasing the funds. With the units already sold, plus the two contracts Joe recently turned into the bank that would bring the total ofmarket units sold or under contract to five units. The bank is reviewing whether or not to require the sixth unit to be placed under contract or whether they will release that requirement. If another unit needs to be placed under contract, Sam asked if the Housing Authority would be willing to purchase that unit and then resell the unit. The Board discussed various options concerning the financing and determined it would be in the best interest of the Housing Authority to purchase one or two units for resale rather than delay construction financing and ultimately construction start date. Motion was made by Eric Blackhurst, seconded by Catherine Jensen to authorize Sam Betters and Sue Doylan to execute the necessary agreements to purchase and finance one or two units if required by the Bank, and to execute all agreements required to secure the construction financing on Phase II. The Phase II construction loan is expected to be approximately $1,700,000. The motion passed unanimously. Sam indicated he thought most of the financing issues would be resolved within the week and that a tentative closing date for the construction loan has been scheduled for February 19,2004. For-Profit Corporation Sam reported to the Board that the financial partner in the Talon's Pointe project, John Hancock, had contacted him requesting the ownership structure of the partnership be re- evaluated pursuant to the Internal Revenue Codes and their position in the Tax Credit Financing. Sam explained the Talon's Pointe partnership contains two "not-for-profit" owners (Estes Park Housing Authority and Loveland Housing Authority) and a "for-profit corporation (John Hancock). The ownership needs to be changed to a "for-profit" partnership. The Loveland Housing Authority will use its wholly owned "for profit" entity, Housing Quest, but the Estes Park Housing Authority does not have a "for profit" entity. Sam asked the Board for permission to establish a wholly owned "for profit" corporation for the Estes Park Housing Authority and authorization to re-structure the partnership by replacing the two housing authorities as General Partner's with their respective for-profit corporation. All benefits of this partnership will continue to flow through to the housing authorities. Following discussion, Eric Blackhurst moved, Jack Dinsmoor second the motion to authorize Sam Betters and Sue Doylan to establish a wholly owned "for profit" corporation for the Estes Park Housing Authority and to re-structure the Talon's Pointe partnership agreement naming the new "for profit" corporation and the Loveland Housing Authority's "for profit" corporation, HousingQuest, as general partners and John Hancock as the limited partner. Motion was approved unanimously. Communications to Report - none to report. EPHA Board Meeting Minutes Page 2 REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS: Sue would like to further discuss the very low income bracket and how to meet their needs in future meetings. OTHER BUSINESS: None noted ADJOURN: The meeting was adjourned at 9:50 a.m. Respectfully submitted, Kathy Simpson Recording Secretary Housing Authority of the City of Loveland EPHA Board Meeting Minutes Page 3 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment March 2,2004,8:00 a.m. Board Room, Estes Park Municipal Building Board: Chair Bill Horton, Members Jeff Barker, Wayne Newsom, Al Sager, and Cliff Dill Attending: Chair Horton, Members Barker, Newsom, Sager and Dill Also Attending: Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent: None Chair Horton called the meeting to order at 8:05 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA a. The minutes of the February 3,2004 meeting. 2. PART OF LOTS 10 & 20, MCCREERY SUBDIVISION, 1278 DEVILS GULCH ROAD, APPLICANT: ELIZABETH NICHOLSON - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Chilcott reviewed the staff report. This is a request for a twenty-three foot variance from the fifty foot rear yard setback to build a deck addition twenty-seven feet from the rear (southern) property line. The proposed deck is approximately 750 square feet, with approximately 400 square feet encroaching into the setback. There is a small existing deck which encroaches into the rear yard setback. This deck would be removed and a new larger deck installed if the variance is approved. The property owner is preparing to remodel the existing single-story cabin which was built in 1920 and is approximately 750 square feet. The cabin encroaches into the rear setback; however, remodel work does not require a variance. The lot is undersized for the "RE-1" Rural Estate zoning district. This lot fits more closely with the "E-1" Estate zoning district which has twenty-five foot minimum setback requirement from all property lines. The existing residence can continue to be used and can be remodeled as proposed by the owner with the exception that only the portion of the deck not encroaching into the setback could be built. This is a forty-six percent variance which is substantial. The proposed deck will not substantially alter the essential character of the neighborhood Rnd will not be highly visible from other properties. Paul Brown, 254 Solomon Drive, was present to represent the owners. He stated the water line and sewer in the current kitchen are not accessible; therefore the kitchen is being relocated. The current kitchen will be turned into a bedroom. The existing deck will be abandoned and replaced with a larger wrap around deck. The current water service line will be placed in an additional pipe and heat taped for insulation. Public Comment: None. Based on the fact there is no adverse affect on the neighboring properties due to distance between homes and the large rock formations, it was moved and seconded (Newsom/Sager) to approve a twenty-three foot (23) variance from the fifty foot (50) rear yard setback to build a deck twenty-seven feet (27) from the rear (southern) yard setback and the motion passed unanithously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Compliance with the submitted plans. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 2,2004 2. EVDC Appendix D.VII Tree and Vegetation Protection During Construction and Grading Activities shall apply. 3. A registered land sun/eyor shall verify compliance with the variance and provide a setback certificate. 3. LOT 6, BLOCK 3, WINDCLIFF ESTATES 5TH SUBDIVISION, 3225 EIGER TRAIL, APPLICANT: TOM & MARSHA CONNARD - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This is a request for a variance from the "E- 1" Estate 25 foot side yard setback requirements to allow a northern side yard setback of 21 feet and a southern side yard setback of 15-22 feet. The variances are being requested to build a house on a sub-sized lot with slopes of approximately 40%. Staff does not find a hardship exists, except for the location of the garage. Because the lot is of sufficient width, and is of a similar lot size for the neighborhood, there is no special circumstance in terms of the variance for the house. The house could be designed to allow the use for which the lot is zoned. The applicant's predicament could be mitigated through some method other than a variance. Jamie Kenney of Westover Construction was present to represent the owners. She stated the house was pushed to the south due to a drainage area to the north. The owners are willing to remove the staircase along the garage to reduce the setback variance request to the south from 15 feet to 18 feet. The house has been designed to follow the contours of the property in order to meet the height requirements of the code. She also stated that the owners are trying to build a home that would be comparable in value to other homes in the neighborhood. Board Member Barker questioned whether or not there were attempts made to design a house that would fit on the vacant lot. Ms. Kenney stated attempts were made to design a house that would conform to the setbacks and still have a home that would fit with the character of the neighborhood. Bob Iwanicki, designer for Westover Construction, discussed the design constraints of the lot. He stated the building envelope is only 60 feet wide and that the lot is very steep. He suggested the house would be taller if it were placed within the setbacks due to the steepness of the lot. Public Comment: Bill Sharp, Chairman of the Alpine Meadow Homeowners Association Architectural Control Committee, stated there is some need for a setback variance for this property. The committee feels the north wall of the home at 21 feet from the property line is appropriate. They feel the south variance is in excess and would like tosee the staircase along the garage removed. They are also suggesting the variance to the south be limited to 4 feet. Mr. Sharp stated the committee supports the project with the requested changes to the setbacks. Chair Horton stated individuals should understand there are setback requirements when they purchase a lot and that a home needs to be designed to fit within those setbacks. Based on the recent purchase of the lot and knowledge of the setback requirements it was moved (Horton) that all setbacks be disapproved. No second was heard and the motion died. Based on the approval of the adjoining property owner to the north, it was moved and seconded (Sager/Newsom) to approve a four foot (4) variance from the twenty-five foot (25) side yard setbacks to the north and the south with the removal of the staircase along the garage to build a single-family house twenty-one feet (21) from the side yard setbacks to the north and the south and the motion passed unanimously. All variances granted by the Board of Adjustment shall become null and void if a Building Permit has not been RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 2,2004 issued and paid for, and the work commenced within twelve (12) months from the date the variance is granted. 1. Submittal of a revised site plan delineating compliance with the approve variance. 2. Compliance with the revised site plan. 4. PORTION OF SE y. OF THE SE y. OF SECTION 27. T5N. R73W, APPLICANT: JAMES & EUNICE DOCTER - VARIANCE REQUEST FROM SECTION 4, TABLE 4-2 OF THE ESTES VALLEY DEVELOPMENT CODE. Planner Shirk reviewed the staff report. This request would allow an eastern side yard setback of 10 feet in lieu of the 25 feet required by the Estes Valley Development Code to build a single-family dwelling, for which the lot is zoned. This lot was created in 1963, and has been deemed a legal lot under the guidelines set forth in the Estes Valley Development Code. A 10 foot right-of-way exists from the northwest property corner to Tanager Lane, and a road access easement is in place from the southeast property corner to Laurel Lane. The applicant proposes to keep the existing garage, though the stated primary access will come from a new drive to Laurel Lane. The lot is narrow and sub-sized for the "E-1" zoning district. The proposed structure is similar is size and shape to existing homes in the neighborhood, and would be further from the property line than several nearby structures. A conforming house could be built on the lot, though any structure that met all setback requirements could only be 25 feet wide. Staff suggests moving the proposed house to the west, placing more of the impact on the Docters who own the adjacent property. The house should also be moved further south to meet the 10 foot building separation required by the code and to save the tree shown between the garage and the proposed house. Variance request is a separate issue from the legal lot and access issues. Lonnie Sheldon of Van Horn Engineering was present to represent the owners. He stated the owners are in agreement with staffs suggested changes to the east and west setbacks. The owners are confused by staffs requirement for a 40 foot southern property line setback. Mr. Sheldon advised the owners might want to attach the proposed house to the current garage, which would move the house further north. He stated access is not an issue with regard to this variance request; however, access to the property is driving the design of the proposed house. The owners are looking for a building envelope in which they would be allowed to build. He advised the owners have legal access from both Tanager Road and Laurel Lane. Board Member Sager question their intent to attach the proposed house to the garage. Mr. Sheldon stated the owners would like the option to attach the house to the garage with a breezeway, but there are some considerations to look at first. Planner Shirk stated a breezeway was not discussed with this proposal and a setback variance would only be considered for the submitted site plan. Planner Shirk advised it is important for the character of the neighborhood that the trees on the lot be saved. He is concerned that attaching the garage and proposed house may damage the root system of the tree. Public Comment: Janice Lee, part owner of 741 Laurel Lane, spoke in opposition to the requested variance. She believes the lot is not part of the Woodland Heights subdivision or a legal lot. She stated the proposed home would impact other wells in the area, negatively impact trees and their root systems, play area, etc. She feels a house could be built to meet the setback requirements. She also discussed the negative impacts of locating access on Laurel Lane. Elvin Long, part owner of 741 Laurel Lane, spoke in opposition to the requested variance. He feels the lot is too small to build a house with a well in the "E-1" zoning district. He stated the house to the west was built across the lot line which provides evidence the original owner considered the lots as 1 parcel. He spoke to concerns regarding access from Laurel Lane. He stated if the access is allowed on Laurel RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 4 March 2,2004 Lane it would place the driveway within 5 feet from the back door of the property to the south of the driveway, and mature trees would need to be removed. Tom O'Neil, 702 Tanager Road, spoke in opposition to the requested variance unless the house can be pushed west and south. He spoke to concerns regarding access from Tanager Road. He stated that Tanager is a dirt road and already serves numerous homes. Janice Lee stated there are only 9.5 feet between the edge of Laurel Lane and the first tree that would need to be removed to place the driveway. Lonnie Sheldon stated Lot 14 is.not a part of Woodland Heights subdivision. He advised there are already 2 wells established one for each lot. Access to the property has been discussed with the neighbors. Access off of Tanager Road has been discussed to lessen the impact to the neighboring properties to the east. He stated the proposed driveway off of Laurel would be 20 feet from the home to the south. Board Member Sager stated that a house could be built to fit within the setbacks and be livable. He questioned whether the owners have considered changing the shape or size of the proposed house. Jim Docter stated they have given considerable thought to the design; however the house design has not be finalized because the access has not been decided which will determine the location of the home. Board Member Sager feels they have not made every effort to make the house fit within the setbacks. Mr. Sheldon stated the owners are trying to build a house that is livable and comparable in size with the rest of the neighborhood. Director Joseph stated the Board is obligated to minimize the variance request to the extent possible. He asked why the Board should hear this request before the access issue has been resolved. Resolving the access would help define the plans and minimize the request. 'Mr. Sheldon agreed that the plans have changed due to the access question. He stated the size, shape, and narrowness of the lot are hardships. They were hoping the Board could recognize the hardship and grant them some relief with a building envelope in which to build the house. Kris O'Neal, 702 Tanager Road, questioned what body would address the legal access. Director Joseph stated that it was a legal matter to be addressed in the court system. Eunice Docter stated they have spent a lot of time designing the home with architect Dennis Reinke. She stated they have a plan with a narrower footprint that would work on the site. Board Member Barker stated he would like to see more site specific request come before the Board. It was moved and seconded (Barker/Sager) to continue the request to the April 6,2004 meeting and the motion passed unanimously. 5. REPORTS None. There being no further business, Chair Horton adjourned the meeting at 10:20 a.m. Bill Horton, Chair Jacquelyn Williamson, Recording Secretary RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission February 17, 2004,1:30 p.m. Board Robm, Estes Park Municipal Building Commission: Chair Homeier, Commissioners Wendell Amos, Judy Haggard, George Hix, Bill Horton, Joyce Kitchen, and Edward Pohl Attending: Chair Homeier, Commissioners Amos, Haggard, Hix, Kitchen and Pohl Also Attentling: Town Attorney White, Planner Shirk, Planner Chilcott, and Recording Secretary Williamson Absent Town Board Liaison Habecker, Director Joseph, Commissioner Horton Chair Homeier called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission Minutes dated January 20,2004. b. AMENDED PLAT OF LOTS 1, 2, AND 3, PARK HILL SUBDIVISION, AND LOT 11 OF THE REPLAT OF A PORTION OF PARK HILL SUBDIVISION, Mall Road AND Joel Estes Drive - Continue to March 16, 2004 at applicant's request. c. AMENDED PLAT OF LOT 17C, GREELEY-BOULDER COLONY SUBDIVISION, 2395 Highway 66, Applicant: Jeffery & Gail Crowley 1. Pursuant to C.R.S.30-28-110, sub-section 4(a), "no plat for subdivided land shall be approved by the Board of County Commissioners unless at the time of the approval of platting the subdivider provides the certification of the county treasurer's office that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid." 2. Existing water mains and lines around property shall be shown. Should a water line or main be located within the easement proposed for vacation, that easement shall remain on the recorded plat. d. AMENDED PLAT OF LOT 1, LAKE PINES SUBDIVISION, 675 Community Drive, Applicant: Mark & Melanie Kozlowski It was moved and seconded (Amos/Hix) that the Consent Agenda be accepted and it passed unanimously with one absent. 2. PUBLIC COMMENT None. 3. PRELIMINARY CONDOMINIUM MAP, FALL RIVER VILLAGE, LOTS 1, 6, 7, PORTIONS OF LOTS 16 & 17, SUNNY ACRES ADDITION, 511 West Elkhorn Avenue, Applicant: The Lane Ill Group, Inc. Planner Chilcottt reviewed the staff report. This is a preliminary condominium map for Lot 8 of Fall River Village which will condominiumize 64 time share units. Public Comment: None. It was moved and seconded (Pohl/Amos) to recommend approval to the Town Board of Trustees the Preliminary Condominium Map for Lot 8 of the PUD #04- 01, with the following conditions and it passed unanimously with one absent. 1. Approval of the final Fall River Village PUD #04-01 by the Town Board. 4. BOUNDARY LINE ADJUSTMENT, BALL-KNEER BOUNDARY LINE ADJUSTMENT, METES AND BOUNDS, 1061 & 1067 Sutton Lane, Applicants: Joseph & Mary Ball, Carey Kneer & Kate Candler RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 February 17, 2004 Planner Shirk reviewed the staff report. This request will realign the common lot line between two properties in a manner that allows for a better use of,the land area around each house that now exist on the properties; Lot 1 will have an increased rear yard area, and Lot 2 will have a larger front yard area. Public Comment: None. It was moved and seconded (Amos/Hix) to recommend approval to the Board of County Commissioners the Boundary Line Adjustment for 1061 & 1067 Sutton Lane with the following conditions and it passed unanimously with one absent 1. An easement shall be placed over the existing sanitary sewer line. 5. AMENDED PLAT OF LOT 44, BLOCK 1, AND OUTLOT A, FALL RIVER ESTATES, Southeast corner of Fall River Court and Fall River Road Intersection, Applicant Estes Park Surveyors & Engineers, Inc. Planner Shirk reviewed the staff report. This is a request to adjust the boundary between an existing platted non-buildable outlot, and a platted single-family residential lot. The single-family lot is essentially covered with wetlands, which makes development difficult, as well as detrimental to the riparian corridor along the Fall River. Lot 44 has received a variance from the Estes Valley Board of Adjustment to build on this lot. However, the proposed re-alignment would move Lot 44 out of the wetlands, and increase the building setback from the river. Approval of the amended plat would render the existing-variance null and void, and would establish a platted building envelope. This amended plat would also dedicate a private pedestrian easement to the homeowners association, which would provide access to the relocated outlot. Paul Kochevar of Estes Park Surveyors was present. He stated the proposed amended plat would give all the homeowners in the Fall River subdivision access to the river as well as preserve the wetlands. Public Comment: None. It was moved and seconded (Hix/Pohl) to recommend approval to the Town Board of Trustees the Amended Plat of Lot 44, Block 1, and Outlot A, Fall River Estates with the following conditions, and the motion passed unanimously with one absent. 1. The driveway for Lot 44 shall provide safe, convenient and adequate access. The driveway shall be located to not create a hazard to pedestrians or motorists, and should minimize impact to the site. This issue shall be addressed with the submittal of a building permit. 2. Water service for Lot 44 stiall come from Fall River Court. Pumped flow rates shall apply to this water service. 3. Any upgrade or relocation of power facilities shall be at the expense of the developer. 4. The existing Fall River Pump House and adjacent utilities, if encroaching on proposed Lot 44, shall be located within dedicated easements. 6. REPORTS Planner Shirk and Planner Chilcott reported on the recent Town Board actions. There being no further business, meeting was adjourned at 1:50 p.m. Richard Homeier, Chair Jacquelyn Williamson, Recording Secretary Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: March 9,2004 Subject: Fall River Estates Amended Plat Background. This is a request by Fall River j 3 \ 1 \ Estates, Inc., and Fall River Estates Community j / /_. 27 -~ 94 \ Non-Profit Corporation to adjust the common lot 4/ 7 /1.\ 1 1 line between Lot 44 and Outlot A, Fall River 4 2 -7 /2/1 \t\ Estates. The site is located at the SE corner of \\ poe \\-/ --1---I:- « 4 Fall River Court and Fall River Road, within the 3«~ect - Town of Estes Park. The request is intended to / ~»-n ~93-1-' move the buildable Lot 44 out of a wetlands f / \ 1 -- / iM area, and move the open space Outlot A into the /' j 2& r-# wetlands area. The net effect would be to / \ n "switch" the two lots, and preserve the integrity of ~9 ./ 3 Q b the wetlands. -- : .7 / Budget. N/A Action. At their regularly scheduled February 17, 2004 meeting, the Estes Valley Planning Commission voted to recommend APPROVAL of the Amended Plat of Lot 44 and Outlot A, Fall River Estates CONDITIONAL TO: 1. The driveway for Lot 44 shall provide safe, convenient and adequate access. The driveway shall be located to not create a hazard to pedestrians or motorists, and should minimize impact to the site. This issue shall be addressed with the submittal of a building permit. 2. Water service for Lot 44 shall come from Fall River Court. Pumped flow rates shall apply to this water service. 3. Any upgrade or relocation of power facilities shall be at the expense of the developer. 4. The amended conservation easement for Outlot A and a conservation easement for Lot 44 shall be submitted for recording with final mylar. (Conditions 1-3 will be addressed with submittal of the building permit. Condition 4 was added at the request of the Estes Valley Land Trust. The applicant has agreed to this condition.) Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: March 4,2004 Subject: Amended Plat of Lot 1, Lake Pines Subdivision Background. Mark and Melanie Kozlowski have submitted an amended plat application to expand a building envelope platted on the Lake Pines subdivision plat. This will correct the existing encroachment of the house outside the building envelope and allow room to build a garage. The site is located at 675 Community Drive. Planning Commission recommended approval of the amended plat at the February 17, 2004 Town Board meeting. Budget. None. Manford Ave. ~ Action. Approval of the amended plat. TH~~LE>~~ -L--_L .=__Community Dr· \\1 h<l_ 2 0 i H. r I v, r 111-14 675 Community Dr. 1 Zoned "IE" Estate i 1.4.9 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: March 4,2004 Subject: The Lofts at Estes Supplemental Condominium Map No. 2 Background. The applicant, Estes Park Surveyors and Engineers, has submitted a final condominium map application for the owner, SRG Properties, LLC, for The Lofts at Estes Condominiums Supplemental Condominium Map No. 2. This consists of one unit, Unit 6, addressed 150 East Riverside Drive. The lot is zoned "CD" Downtown Commercial and the use is accommodations. The property owner and their attorney did not believe that The Lofts at Estes Condominiums required Town review. So the property owner condominiumized this property without Town review, recording the supplemental map on November 25, 2003. When staff became aware of this unreviewed condominium project, we required review. The map is recorded with reception number 20030148205. The applicant should discuss business 7 licenses for individually owned condominium /~Location Map for 150 East Riverside Drive units with the Town Clerk's Office and the -„1-\ \LLE-1-LU.ZA VA*d-T \ 11 condominium units of business licensing requirements. East Elld,orn Avenue Budget. None. LL-U Rockwell ~ IM / Action. 71 A Approval of The Lofts at Estes 150 East Riverside Drive Condominiums Supplemental Condominium 512/ Map No. 2. ./.AA#/#El/KL*LA •P 1.-£ Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: March 4,2004 Subject: The Lofts at Estes Supplemental Condominium Map No. 3 Background. The applicant, Estes Park Surveyors and Engineers, has submitted a final condominium map application for the owner, SRG Properties, LLC, for The Lofts at Estes Condominiums Supplemental Condominium Map No. 3. This consists of five units, Unit 1,2,3,12A and 12B, addressed 150 East Riverside Drive. The lot is zoned "CD" Downtown Commercial and the use is accommodations. The property owner and their attorney did not believe that The Lofts at Estes Condominiums required Town review, so prior condominium maps for this property were recorded before Town review. This is the first map reviewed by Town Board that is not already recorded. The applicant has dedicated a pedestrian access easement and utility easement on this map. These easements are typically requested by the Town and shown on all condominium maps for the property. The first three maps for this property do not 7 /,Location Map for 150 East Riverside Drive show these easements. The applicant should discuss business licenses for individually owned condominium units with the Town Clerk's Office and the applicant should notify future owners of ~,~ condominium units of business licensing requirements. E[ZE| Rockwell ~ Af: j k Lhh Budget. ' - Ed•* 1 1 J AL, None. / 1 150 East Riverside Drive ~ A==- 1 81 Moraine Aven~yi Action. L- 91 - INF.W.*+LI--# /49*F Approval of The Lofts at Estes Condominiums Supplemental Condominium Map No. 3. Town of Estes Park Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: March 4,2004 Subject: Solitude 11 Condominiums Final Condominium Map Background. The applicant, Crystal Creek Development, Inc. has submitted a final condominium map application for Solitude Il Condominiums. This consists of one unit, Unit 1 on Lot 2, Solitude Subdivision, addressed 1880 Sketch Box Lane. The lot is zoned "A" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. This map and declaration do not reserve the right to develop additional units beyond those approved with Development Plan No. 02-09, expand units, or withdraw property from the association. An as-built plan is required once construction of improvements is completed. Development Plan No. 02-09 has been approved for ten resort lodge/cabins on this lot. This condominium map is consistent with the approved development plan with the exception of revisions to deck design. The Town Board approved the preliminary condominium mai for this lot at the May 14, 2002 Town Board meeting and a preliminary / \ LAKE condominium map time extension was ESTES granted at the November 11, 2003 Town f-»=226 UEZZZ~~A?694*== Board meeting. frik:%*g~ f-191 1 | Lot 5 --1 01 Lot 4 CREEK I The applicant should discuss business \ / / r- MANFORD AVE \.11 / rla licenses for individually owned Lot 3 ~ SCHOOLS condominium units with the Town Clerk s j CROCKER RANCH BROD€ Al Office and the applicant should notify 33 1 future owners of condominium unitsof ~---~ Lot 6~~~1- ** business licensing requirements. _ Lot 2 18 HOLE GOLF COURSE Lot 1 VICINITY MAP Budget. »7 | 1" = 1,000' t/- =tf None. Action. Approval of Solitude 11 Condominiums final condominium map with compliance with Greg White's comment #1 in his March 2,2004 letter to Alison Chilcott. •Page 2 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 11 and Bob Joseph, Director Date: March 5,2004 Subject: Fall River Village Preliminary Condominium Map for a Portion of Lots 1, 6, 7, and Portions of Lots 16 and 17, Sunny Acres Addition, AKA proposed Lot 8 of the Fall River Village PUD #04-01 Background. The Lane 111 Group, Inc. has submitted a preliminary condominium map application for a portion of Lots 1, 6, 7, and portions of Lots 16 and 17, Sunny Acres Addition, AKA proposed Lot 8 of the Fall River Village PUD #04-01. The preliminary map is for the 64 proposed accommodations units on this lot. Staff and Planning Commission recommend that PUD #04-01 serve as the Fall River Village preliminary condominium map for Lot 8 because the planned unit development was reviewed to ensure compliance with the same adequate public facility standards with which the condominium map must comply. The Planning Commission recommended conditional approval of this map at the February 17,2004 meeting. N Budget. ~ < Location Map for 511 West Elkhorn Avenue None. 1 I /I Action. ~VIewD . 1__ 12_~ I Lot 3 st,Iny Acies r-- Approval of the Fall River Village preliminary \1 1 , Lot 4 Sumy Acies ~ \ \-Fit<325f~~--~ / 41-2- condominium map with the condition of r- / ' 02:*,=·~c- 1 3 -A TheWillows Con€los 7 / 1 - 4; --3 1 approval recommended by Planning RM Zon"W fi~ 5|St=.2.24 Commission, i.e. approval of the final Fall ~ 9 -c~ -1==~1,iu it- --t-91 River Village PUD #04-01. . , 'le= «,7 7,73~kIL=j 511 West Elkhom Ave. ~ 14h~mnce Pan, Palcelsoi*line€l iI,Blile ~b,2~ .1 -Yi...7/Ii-.Il- E-1. Rlviai€I CO Zoning ~~~~\,7-r2..-~-r-- West Palk Centre MIMNII An,elican bVil(le,ness Condos r,7 6 TI--1 CO Zonilkt, ' A Zoning , ~ ~ US 34 Bi,s (W. Elkhom Ave.) ~ CD ~ / Page 1 of 1 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: March 4,2004 Subject: Solitude I Condominiums Final Condominium Map Background. The applicant, Fish Creek Properties, LLC., has submitted a final condominium map application for Solitude I Condominiums. This consists of two units, Units 2 and 3 on Lot 1, Solitude Subdivision, addressed 1890 Sketch Box Lane. The lot is zoned "A" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. This map and declaration do not reserve the right to develop additional units beyond those approved with Development Plan No. 02-14, expand units, or withdraw property from the association. An as-built plan is required once construction of improvements is completed. Development Plan No. 02-14 has been approved for ten resort lodge/cabins on this lot. This condominium map is consistent with the approved development plan with the exception of revisions to deck design. The Town Board approved the preliminary condominium map for this lot at the October 8,2002 Town Board meeting and a preliminary condominium map , time extension was granted at the November 11,2003 ~-~~--·-- Town Board meeting. 1.- M -)*A 1 X>C>NI The applicant should discuss business licenses for 11 / 21 individually owned condominium units with the Town »1 - (*SITE Clerk's Office and the applicant should notify future 1 c''I",I' owners of con..ominium units of business licensing [,AtdpU-2-AC A«. 0 1 100'tal requirements. The decks on the two units to be condominiumized with 1/Al E. this map may have been constructed without a building J permit. If after further research, staff determines that VICINITY MAP one or more nf the decks are unpermitted staff may recommended withdrawal of the application or continuance of the application. Budget. None. Action. Approval of Solitude I Condominiums final condominium map with the removal of Note #7 on the map concerning birds and rodents, etc. native to the area. •Page 2 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director and Alison Chilcott, Planner 11 Date: March 4,2004 Subject: Solitude V Condominiums Final Condominium Map Background. The applicant, Crystal Creek Development, Inc., has submitted a final condominium map application for Solitude V Condominiums. This consists of one unit, Units 4 on Lot 5, Solitude Subdivision, addressed 1801 Sketch Box Lane. The lot is zoned V\" Accommodations/Highway Corridor and the use is accommodations. Residential uses are not permitted. This map and declaration do not reserve the right to develop additional units beyond those approved with Development Plan No. 02-12, expand units, or withdraw property from the association. An as-built plan is required once construction of improvements is completed. Development Plan No. 02-12 has been approved for six resort lodge/cabins on this lot. This condominium map is consistent with the approved development plan with the exception of revisions to deck design. The Town Board approved the preliminary condominium map for this lot at the May 14, 2002 Town Board meeting and a preliminary condominium map time extension was granted at the November 11, 2003 Town Board L~~---_____j 4 ,~*'»\--1 meeting. my' IN·r>NI The applicant should discuss business licenses for Dikk individually owned condominium units with the Town Clerk's Office and the applicant should notify future owners of condominium units of business licensing requirements. The decks on the two units to be condominiumized with &41'-1--b I rk-ill this map may have been constructed without a building 13@LE:LL permit. If after further research, staff determines that VICINITY MAP one or more of the decks are unpermitted staff may recommended withdrawal of the application or continuance of the application. Budget. None. Action. Approval of Solitude V Condominiums final condominium map with compliance with Greg White's comment #1 in his March 2,2004. •Page 2 Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Alison Chilcott, Planner 11 and Bob Joseph, Director Date: March 5,2004 Subject: Fall River Village Final Planned Unit Development (PUD) Application #04-01 for Fall River Village and Development Agreement Background. The Lane 111 Group, Inc. has submitted a final planned unit development application for 511 West Elkhorn Avenue. The Town Board conditionally approved a rezoning request for this property to "CO" Outlying Commercial with the Planned Mixed-Use PUD-M overlay district and a preliminary PUD application at the February 10, 2004 Town Board meeting. If approved by Town Board the final PUD plans, i.e. the plat and N development plan, will be recorded at the i . Location Map for 511 West Elkhom Avenue Larimer County Clerk and Recorder's / 4 Office. ' ' ' ' LL.===--„4-- EL- ' 0% ¥ US 34 Bm, ss 101-11-1- FT# Lot 2 Sumy Acre, r -x- 1 1-,4 - C 1 1 i Lot 3 Suiny Acres fu= Some conditions of preliminary PUD ,t Fal ViewDr. 1-- 1.-4.-4 approval were informational and have not \, I E--39=lp ;4-4,/,,/9 Lot 4 Su,M,y Acra been carried over as conditions of final plat Thewillows Condis ·f,·~ ' / / 3 -~<'L RM Zoni,U / -N approval. --& 1 A .-r--1 1=21---ITy,©1 tjt>3*1 117**915 A development agreement addresses an 4, extended time frame for removal of the 511 West E Ikhom Ave, ,~0lllr- - M Petom•nce Palk ~ PalcelsO,ilined in Blue kee'~ . homes and resident relocation. This draft E-1. RMEd COZoning I ~~-h,gZFL-12-ri=----u-=-9INT<1 agreement is included in the Town Board - packets. Amelicai, Wilderness Con€los ~' f i,-7 CO Zoni:U ~ 1 / 11 A Zoning - [64 34Bus. (W. ElkhomAva) li~ CD ~ Page 1 of 2 Budget. None. Action. A. Approval of the final application for the Fall River Village PUD #04-01, which includes a plat and development plan. 1. Approval of this plan shall include approval of waivers/minor modifications discussed in the staff findings section of the Planning Commission staff report. 2. Compliance items #3 in Greg Sievers' March 4,2004 memo to Alison Chilcott concerning the final construction plans. 3. Compliance with Greg White's December 30,2003 letter to Alison Chilcott. 4. The sewer easement recorded at Book 1859 Page 849 shall be vacated by separate document and a new easement dedicated prior to issuance of a building permit for buildings to be located on top of the easement and with review and approval by the Estes Park Sanitation District. 5. Bridge capacity shall be posted. 6. The subdivision covenants shall address whether or not short-term nightly rentals are allowed on Lots 1 through 7. 7. Extra care shall be taken to ensure survival of the spruce tree in front of the existing single family house and between proposed Buildings 1 and 2. A note shall be added to the construction and landscaping plans that require an arborist to oversee installation of utilities near the spruce tree between Buildings 1 and 2. 8. Private open area shall be permanently reserved as open area, and ongoing maintenance ensured. Staff recommends accomplishing this by designating permanent open area on the first condominium map, ensuring maintenance in the declaration and conditioning preliminary condominium map approval on this. B. Approval of the Development Agreement. Page 2 of 2 Draft #2,3/4/04 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Development Agreement") is entered into the day and year hereinafter set forth, by the Town of Estes Park, Colorado, a municipal corporation established pursuant to the laws of the State of Colorado ("Town") and the Robert A. Filbey Irrevocable Trust, a trust established under the laws of the State of Colorado ("Trust"). WITNESSETH: THAT, WHEREAS, Trust is the owner of approximately 6.52 acres of real property located in the Town of Estes Park, Larimer County, Colorado, more particularly described in Exhibit A attached to and incorporated into this Development Agreement ("Propertf'). WHEREAS, the Property is proposed to be subdivided pursuant to the Fall River Village Final PUD (the "Final Plat") and developed pursuant to the terms and conditions of the Development Plan for Fall River Village Communities (the "Development Plan"). Pursuant to the Final Plat, the Property is divided into eight (8) lots and two (2) outlets. Lots 1 through 7 and Outlot A are herby referred to as Parcel A, and Lot 8 and Outlot B are hereby referred to as Parcel B. The Final Plat and the Development Agreement are hereby incorporated herein by this reference; and WHEREAS, incidental to the Town's approval of the Final Plat and the Development Plan, the Town and the Trust have agreed on a number of matters regarding the Property which are set forth below; and WHEREAS, the size and phasing of the development of the Property pursuant to the Final Plat and Development Plan, economic cycles and marketing conditions will require a Vested Property Right of a duration longer than three (3) years as more fully set forth in this Development Agreement; and NOW, THEREFORE, in consideration of the foregoing premises, the covenants and agreements hereinafter contained, and for other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the Town and the Trust agree as follows: SECTION I. PROVISIONS APPLICABLE ONLY TO PARCEL A: 1. The parties acknowledge that Parcel A currently is used as a mobile home park which is a nonconforming use pursuant to the terms and conditions of the Estes Valley Development Code. The Final Plat provides for seven (7) lots on Parcel A (the "Residential Lots"), on which residential dwellings are planned to be constructed upon approval of the Final Plat and the Development Plan which approval is contemporary with the approval of this Development Agreement by the Town. Not later than twenty-four (24) months following recordation of the Final Plat, the Trust agrees that: (i) it shall have terminated all leaseholds for mobile home placement and use; (ii) the operation of the mobile home park on Parcel A shall have ceased and no portion of Parcel A shall be used for, or available for use as, a mobile home park; and (iii) all mobile homes shall have been removed from Parcel A and any other portion of the Property. 2. The Residential Lots shall be restricted to prohibit any overnight rental of the residences that are anticipated to be constructed on the Residential Lots. Overnight rental shall be any rental of less than thirty (30) day continuous duration. 3. The design and construction of any and all buildings on Parcel A shall be subject to review and approval by an architectural control or review committee that will be created to govern Parcel A. SECTION n. PROVISIONS APPLICABLE TO THE PROPERTY (PARCEL A AND PARCEL 4. The design and construction of any structure on the Property shall conform to the International Building Code, 2003 Edition or any subsequently adopted edition. 5. On the Final Plat, Outlot B is identified and dedicated to the Town as a "non- motorized public access parcel." The parties agree that Outlot B shall be dedicated to the Town but that Outlot B shall be subject to, and burdened by, utility easements for the benefit of the present and future owners of all or any portion of Lot 8. 6. Notwithstanding anything to the contrary contained in C.R.S. §24-68-102 et seq., the parties agree that any and all vested property rights that attach to and run with the Property (including but not limited to the right to undertake and complete the development and use of the Property under this Development Agreement, the Final Plat and Development Plan) shall run with the Property and remain vested for a period of eight (8) years from the date of recordation of the Final Plat. In the event that the Property has not been fully developed as contemplated in the Development Plan within the eight (8) year vesting period, the approval for the Development Plan shall automatically terminate and be of no further force and effect unless said vesting period is extended by mutual written agreement of the parties. 7. This Development Agreement shall be recorded in the office of the Clerk and Recorder of Larimer County, Colorado. 8. Upon the default of any ofthe provisions ofthis Development Agreement by either party, the parties agree that this Development Agreement may be specifically enforced by any party or any party may proceed in any other matter authorized by law for breach of a contract. In addition, the Town may: (a) Issue a written notice to the Trust to appear and show clause why the Final Plat shall not be vacated and/or the approval of the Development Plan shall not be rescinded. The written notice shall be deemed complete upon mailing the same certified mail to the address of the Trust stated herein. The written notice shall designate the date, time, and place of a hearing to be conducted 2 by the Board o f Trustees o f the Town to consider either or both of the remedies. The hearing shall be not less than thirty (30) no more than sixty (60) days from the date of the written notice. (b) Proceed in any manner described in the Estes Valley Development Code or State statutes for a violation ofthis Development Agreement. (c) Withhold any building permits for the Property. The remedies set forth herein are cumulative and the election to use one shall not preclude the use of another. 9. This Development Agreement and the terms, conditions and covenants contained herein shall be deemed to complement and shall be used in addition to the conditions and requirements of the Estes Valley Development Code, the terms and conditions of the Final Plat, the terms and conditions of the approval of the Development Plan, and other applicable laws, rules and regulations. 10. This Development Agreement is intended to provide for the orderly construction and maintenance of structures and other improvements on the Property. This Development Agreement shall be a servitude running with the Property. Those owners of the Property or any portion o f the Property who obtain title subsequent to the date of this Development Agreement, their heirs, successors, assigns or transferees, and persons holding under the Trust shall comply with the terms hereof. In the event the Trust transfers title to the Property and is thereby divested of all equitable and legal interest in the Property, the Trust shall be released from liability under this Development Agreement with respect to any breach of the terms and conditions of this Development Agreement occuning after the date o f any such transfer of interest. In such event, the succeeding Property owner(s) shall be bound by the terms of this Development Agreement. 11. The Trust shall cause all lenders, lienholders or other persons or entities who have any interest in the Property to subordinate their interest to this Development Agreement. 12. If any part, teims, or provisions of this Development Agreement are held by a court to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, terms, or provision and the rights o f the parties will be construed as if the part, terms, or provision was never part of this Development Agreement. 13. This Development Agreement may be amended by mutual consent of the Town and the Trust provided such amendment is in writing. 14. This Development Agreement shall be governed by the laws o f the State o f Colorado with venue in the District Court of Larimer County. 15. Any notice required or permitted by this Development Agreement will be deemed effective when personally deliver in writing or three (3) days after notice is deposited with the 3 U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: Town of Estes Park Robert A. Filbey Irrevocable Trust Attn: Town Administrator Rhonda Lee Lane, Trustee P O Box 1200 Estes Park, CO 80517 AGREED TO and signed by the parties this day of ,2004. TOWN OF ESTES PARK, a municipal corporation established under the laws ofthe State of Colorado By: Title: ROBERT A. FILBEY IRREVOCABLE TRUST, a trust established under the laws of the State of Colorado By: Rhonda Lee Lane, Trustee ajr/fall river/development/development agreement/17047.27000/3/4/04 4:31 PM 4 Estes Park Police Department Memo To: Honorable Mayor Baudek and Town Board of Trustees F.,nx Lowell Richardson, Chief of Police 42 Date: March 3,2004 z:57 ' ~> Reg Amendments to Municipal Code Section 7.12 Background Due to increasing vicious animal attacks occurring within Colorado a review of the Town of Estes Park's vicious animal ordinance was conducted. It was discovered the current ordinance did not adequately provide for effective enforcement measures should the need arise to enforce any vicious animal violations. Based on review of Town Municipal Code Chapter 7.12 and subsequent sections a comprehensive revisjon was initiated. The revisions made are intended to provide Animal Control and Police with the ability to effectively enforce and impound vicious animals as a matter of Public Safety. These recommended changes of Town Munidpal Code Chapter 7.12 have been reviewed by Town Attorney Greg White with recommended changes. Budget Impact None Recommendations The Public Safety Committee recommends approval of the changes to Municipal Code Chapter 7.12 ordinance as presented. 1 ORDINANCE NO. 1-04 AN ORDINANCE AMENDING CHAPTER 7.12 ANIMALS, OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend and repeal certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Municipal Code shall be amended as follows: Chapter 7.12 Domestic Animals Chapter 7.12.035 Certificate of vaccination. The certificate of vaccination required by this Chapter shall contain the name, address and telephone number of the owner of the vaccinated cats and dogs, the date of vaccination, the date of expiration of vaccination, the type of rabies vaccine used, the breed, age, color and sex of the vaccinated cats and dogs and the signature of the veterinarian administering the vaccine. No such rabies vaccine shall be issued until after a ten-day observation period after any cat and dog has inflicted a bite on any person or other animal. Concurrently with the issuance and delivery of the certificate of vaccination referred to herein, the owner of the cats and dogs shall cause to be attached to the collar or harness of the vaccinated cats and dogs a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. Such tag shall be attached to the collar or harness of the cats and dogs so vaccinatedl which collar or harness must be worn by such cats and dogs at all times. Chapter 7.12.060 Impoundment notice procedure. Upon the impoundment of an animal, the Police Department shall notify the owner or custodian of the animal that the animal has been impounded and will be released upon proof that the animal is properly licensed, upon payment of an impound fee, care and feeding fee and any expenses incurred for veterinary care and treatment; and that, if the animal is not released within five (5) days from the day of said notice, it will be disposed of at the direction of the Police Department. The notice shall be delivered to such owner or custodian, or if such owner or custodian is not available, by posting said notice on the premises from which the animal was impounded. Chapter 7.12.070 General procedure for impoundment. All animals impounded shall be kept for a period of five (5) days unless sooner released to their owners or custodians; provided that no vicious animal shall be released unless provisions suitable to the Police Department have been made for the animal by its owner or custodian to protect the public against said propensities, and that no female animal in heat shall be released unless the owner or custodian has facilities for the caring and confining of such animal satisfactory to the Police Department. No animal shall be released from the impound facility until the production of satisfactory proof of ownership, the payment of an impound fee, care and feeding fee and any expenses incurred by the Town for veterinary care and treatment, and submission of proof that the animal has been properly licensed and inoculated against rabies as required by this Chapter. Upon the expiration of five (5) days after notice of impoundment as provided in Chapter 7.12.060, any animal unclaimed shall be disposed of in accordance with the directions of the Police Department. Chapter 7.12.090 Vicious animals prohibited. (a) It is unlawful for any person to keep, possess or permit any vicious animal within the Town, except as provided in subsection (d) of this Chapter. A vicious animal shall be deemed a public nuisance, and shall be impounded as provided in Chapters 7.12.060 and 7.12.070. In the event the owner or possessor of the animal disputes the determination that the animal is vicious, said person may request, in writing, a hearing in Municipal Court on the question of whether or not the animal is vicious. Said hearing shall be held as soon as practical. At said hearing, the Municipal Judge may determine and order that an animal should be humanely euphemized if the Municipal Judge determines that the animal is vicious. (b) Any vicious animal, which cannot be safely captured and impounded, may be destroyed by any police officer of the Town, or by any other person duly authorized by the Chief of Police for this purpose. (c) For the purposes of Subs@ctions (a) and (b),any animal which attacks human beings or animals, whether domestic or wild, upon public or private property, whether by causing bodily injury or by approaching its victim in a aggressive or threatening manner, shall be deemed a vicious animal, except when in defense of persons who would themselves be permitted to use a similar degree of force as that used by the animal. (d) It shall be an affirmative defense to charges under this Chapter if the victim of the attack has made an unlawful entry into the dwelling or enclosed premises of the owner or custodian or injured by an animal during the commission of a crime against the owner or custodian. (e) An animal kept or possessed for protection or security purposes, which by its nature or training would otherwise come under the foregoing provision, shall not be 2 deemed a vicious animal so long as it is securely confined in an enclosure which keeps it physically segregated from persons other than its owner, custodian or possessor. Chapter 7.12.110 Animal waste removal. (a) The owner, custodian or possessor of any animal shall be responsible for removal of any feces deposited by said animal on public sidewalks, rights-of-way, streets, parks or recreation areas. Said person shall immediately remove and sanitarily dispose of the feces. Also, the owner, custodian or possessor shall be responsible for the removal of any feces deposited by his or her animal on any private property not ownedl controlled or possessed by said person. Said person shall immediately remove and sanitarily dispose of the feces. (b) Any person who owns, possesses or controls any lot, building or other place where an animal or animals are kept shall keep the building and premises in a clean and sanitary condition and shall remove all feces from the premises at least once each week. Chapter 7.12.120 Disturbance of neighborhood prohibited. (a) It is unlawful for any person to keep or maintain any animal within the town, which habitually or continuously disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise. It shall be presumed that a resident or occupant of the premises upon which the animal is located is a person keeping or maintaining such animal. (b) Any animal within the town which habitually or continually disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise is a public nuisance. The animal control officer or a police officer has authority, without liability, to use all reasonable means to abate such public nuisance, including the authority to enter upon private property to impound such animal where the owner or custodian of such animal is or appears to be absent from the premises; provided, however, that this authority does not extend to entering the owner's or custodian's resident dwelling. Chapter 7.12.130 Special sanctions. The animal control officer, or the town attorney or his designee, may recommend that one or more special sanctions be levied against any animal owner or custodian convicted of any violation of this chapter. This recommendation may be presented to the municipal court as a proposed condition of sentencing upon conviction and may be in lieu of or in addition to the penalties or fines as imposed by the municipal court. The court may take into consideration the severity of the incident, the prior history of the owner or custodian, and the recommendation of the animal control officer or town attorney. Special sanctions include, but are not limited to the following: 3 Construction of a secure animal enclosure (built to the specifications of animal control) and in compliance with the zoning ordinance; Spaying or neutering of the animal(s); Obedience training/behavior modification; Responsible pet ownership class; Community service work; Euthanasia of the animal(s); Prohibition from owning animals for a specified period; Use of humane training devices for behavior modification; Inspections of premises where animal(s) is kept; Restitution for costs of care rendered or shelter given at the town's designated animal shelter, costs of veterinary care, and costs of medical treatment; Treatment or counseling program(s); and Placement of a permanent microchip identification device under the skin of an animal. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2004. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 4 Estes Park Police Department Memo To: Chaimlan Stephen Gillette and Public Safety Committee Board Fron. Lowell Richardson, Chief of Police£:~Z~'~ CC: Richard Widmer, Town Administrator Date: March 3,2004 Reg Noise Ordinance Amendments Background In October of 2003 staff presented to the Public Safety Committee the results of a noise pollution study of other Colorado communities. Based on those findings a series of recommendations were presented to the Public Safety Committee, one recommendation induded revisions of the current Town Code Chapter for noise pollution violations. Staff made changes to the Town Code Chapter 8.04.080 based on the study findings and has reviewed the changes with Town Attorney Greg White. Budget Impact None Recommendations The Public Safety Committee recommends approval of the amendments to Town Code Chapter 8.04.080 Disturbance, Sound, Noise, Odor or Light with the indusion of an exemption for school activities which is included within the ordinance. 1 ORDINANCE NO. 2-04 AN ORDINANCE AMENDING CHAPTER 8.04.080 DISTURBANCE - SOUND, NOISE, ODOR OR LIGHT OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend and repeal certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Municipal Code shall be amended by the addition of the following: Chapter 8.04.080 Definitions. The following words and terms, and phrases, when used in this Article, shall have the following meanings ascribed to them in this Section: Ambient sound level shall mean the total sound pressure level in the area of interest including the noise source of interest. A-weighting shall mean the electronic filtering in sound level meters that models human hearing frequency sensitivity. Background sound level shall mean the total sound pressure level in the area of interest excluding the noise source of interest. Code Enforcement Officer shall mean an employee of the town authorized to issue variances pursuant to §8.04.086. Construction shall mean any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures. dB(A) shall mean the A-weighted unit of sound pressure level. Decibel [dB] shall mean the unit of measurement for sound pressure level at a specified location. Emergency work shall mean any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions. Impulsive sound shall mean a sound having duration of less than one (1) second with an abrupt onset and rapid decay. Motor vehicle shall have the same meaning as set forth in Colorado Revised Statutes 42-1-102 (58). Muffler shall mean a sound-dissipative device or system for attenuating the sound of escaping gases of an internal combustion engine. Multi-use property shall mean any distinct parcel of land that is used for more than one (1) category of activity. Examples include, but are not limited to: (1) A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or (2) A commercial building that has a residential use located above, behind, below or adjacent to the commercial use. Noise disturbance shall mean any sound originating from or received within the town limits that (a) endangers the safety or health of any person, (b) disturbs a reasonable person of normal sensitivities, or (c) endangers personal or real property. Person shall mean any indiVidual, corporation, company, association, society, firm, partnershiPl joint stock company, the town or any political subdivision, agency or instrumentality of the town. Public right-of-way shall mean any street, avenue, boulevard, road, highway, sidewalk, alley, trail or similar place which is leased, owned or controlled by a governmental entity. Public space shall mean any real property or structures thereon that is owned, leased or controlled by a governmental entity. Pure tone shall mean any sound that can be judged as a single pitch or set of single pitches. Real property line shall mean either (a) the line, including its vertical extension, that separates one (1) parcel of real property from another, or (b) the vertical and horizontal boundaries of a dwelling unit that is contained within a multi-use building. 2 Sound level shall mean the instantaneous sound pressure level measured in decibels with a sound level meter set for A-weighting on slow or fast integration speed. Sound level meter shall mean an instrument used to measure sound pressure levels conforming to standards as specified in ANSI Standard Sl.4-1983 or the latest version thereof. Sound pressure level shall mean twenty (20) multiplied by the logarithm, to the base ten (10), of the measured sound pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels. Unreasonable noise shall mean any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the town or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment. Chapter 8.04.081 Unreasonable noise prohibited. No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises or in or upon any motor vehicle owned or possessed or driven by such person or under such person's control or operation. For purposes of this Section, members of the Police Department are empowered to make a prima facie determination as to whether a noise is unreasonable. Chapter 8.04.082 Maximum permissible noise levels. (a) A noise measured or registered in the manner provided in § 8.04.083 from any source at a level which is in excess of the dB(A) established for the time period and zoning districts listed in this Section is hereby declared to be a noise disturbance and is unlawful. When a noise source can be identified and its noise measured in more than one (1) zoning district, the limits of the most restrictive zoning district shall apply. Zoning District, Maximum Noise, MB (A)] Areas zoned: Rural Estate: (RE-1) Rural Estate: (RE) Estate: 1 Acre (E-1) Estate: .5 Acre (E) Residential: (R) Residential: (R-1) Two-Family (R-2) Multi-Family (RM) Accommodations (A) Accommodations (A-1) 3 7:00 a.m. to 8:00 p.m. 55 8:00 p.m. to 7:00 a.m. 50 Areas zoned: Commercial Outlying (CO) Commercial Downtown (CD) Commercial Heavy (CH) Office (0) 7:00 a.m. to 8:00 p.m. 60 8:00 p.m. to 7:00 a.m. 55 Areas zoned: Restricted Industrial (I-1) 7:00 a.m. to 8:00 p.m. 80 8:00 p.m. to 7:00 a.m. 75 (b) If the noise source in question is a pure tone, the limits set forth above shall be reduced by five (5) dB(A). (c) In multi-use buildings, when noise originates in one (1) unit and is received in another unit within the same building, the maximum dB(A) for such noise shall be the same as the maximum dB(A) for the zoning district in which the building is located. Chapter 8.04.083 Classification and measurement of noise. For the purposes of classifying any noise disturbance and determining whether it is in violation of § 8.04.082, the following test measurements and requirements shall be applied; provided, however, that a violation of § 8.04.081 may occur without the following measurements being made: (1) Noise shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way, and if the noise source is located on private property or public property other than the public right-of-way, the noise shall be measured at or within the property boundary of the receiving land use. (2) The noise shall be measured on a sound level meter. (3) No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour. Chapter 8.04.084 Exceptions. The provisions of this Article shall not apply to: (1) Noise from emergency signaling devices; 4 (2) Noise from agricultural activities; (3) The operation of aircraft or other activities which are subject to federal law with respect to noise control, and the generation of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Administration; (4) Noise from domestic power tools and lawn and garden equipment operated between 7:00 a.m. and 8:00 p.m., provided that such tools or equipment generate less than eighty-five (85) dB(A) at or within any real property line of a residential property; (5) Sound from church bells and chimes when a part of a religious observance or service; (6) Any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition, provided that all motorized equipment used in such activity is equipped with functioning mufflers, and further provided that such work takes place between 7:00 a.m. and 8:00 p.m.; (7) Noise from snow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal; (8) The Town of Estes Park and its employees, when engaged in any activity for the maintenance, installation or repair or any town facility or utility or engaged in any other town activity or function; (9) Any Town of Estes Park sanctioned Special Event; (10) Noise generated from golf course maintenance equipment when used on a golf course; (11) Noise generated by tools or equipment during emergency operations or activities that are reasonably necessary for the public health, safety or welfare. (12) Any Park School District sanctioned event. Chapter 8.04.086 Variances. (a) Any person who owns or operates any stationary noise source may apply to the Code Enforcement Officer for a variance from one (1) or more of the provisions of this Article. Applications for a variance shall supply information including, but not limited to: (1) The nature and location of the noise source for which such application is made; 5 . (2) The reason for which the variance is requested, including the hardship that will result to the applicant, his/her client or the public if the permit of variance is not granted; (3) The level of noise that will occur during the period of the variance; (4) The section or sections of this Article for which the variance shall apply; (5) A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring there from; and (6) A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this Article within a reasonable time. (b) Failure to supply the information required by the Code Enforcement Officer shall be cause for rejection of the application. (c) The Code Enforcement Officer may charge the applicant a reasonable fee to cover expenses resulting from the processing of the variance application. (d) The Code Enforcement Officer may, at his or her discretion, limit the duration of the variance, which shall be no longer than one (1) year. Any person granted a variance and requesting an extension of time shall apply for a new variance under the provisions of this Section. (e) No variance shall be approved unless the applicant presents adequate proof that: (1) Noise levels occurring during the period of the variance will not constitute a danger to public health; and (2) Compliance with this Article would impose an unreasonable hardship on the applicant without equal or greater benefits to the public. (f) Under no circumstances shall the noise level of an activity for which a variance is granted for a period of time in excess of eight (8) hours exceed ninety (90) decibels. (g) In determining whether to grant a variance, the Code Enforcement Officer shall consider: (1) The character and degree of injury to, or interference with, the public health and welfare and the reasonable use of property that is caused or threatened to be caused; (2) The social and economic value of the activity for which the variance is sought; and 6 (3) The ability of the applicant to apply the best practical noise control measures. (h) A variance may be revoked by the Code Enforcement Officer if there is: (1) Violation of one (1) or more terms or conditions of the variance; (2) Material misrepresentation of fact in the variance application; or (3) Material change in any of the circumstances relied on by the Code Enforcement Officer in granting the variance. (i) Variance decisions may be appealed to the Town Administrator by the applicant or any affected person. Chapter 8.04.087 Motor vehicle maximum sound levels. (a) No person shall operate or cause to be operated a public or private motor vehicle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle exceeds the levels set forth below: Vehicle class (GVWR) Speed limit where Speed limit where posted 35 mph or posted greater less or speed than 35 mph limits regulated [sound pressure under the adopted level dB(A)] Model Traffic Code [sound pressure level dB(A)] Motor vehicles with a manufacturer's 86 90 gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kg) or more, or by any combination of vehicles towed by such motor vehicle Any other motor vehicle or any 80 84 combination of vehicles towed by any motor vehicle, to include but not limited to, automobiles, vans, light trucks or any motorcycle with a gross vehicle weight rating (GVWR) less than 10,000 pounds (4,536 kg) (b) No person shall operate or cause to be operated any motor vehicle off a public right- of-way in such a manner that the sound level emitted exceeds the limits set forth in § 8.04.082. This Section shall apply to all motor vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious crafts, campers and dune buggies. 7 (c) Noise shall be measured at a distance of at least twenty-five (25) feet from the lane being monitored. (d) The noise shall be measured on a sound level meter. (e) No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour. Chapter 8.04.088 Violations and penalties. (a) Any person who violates any provision of this Article, upon conviction, shall be subject to the penalty in § 1.20.020. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF 2004. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of 2004, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2004. Town Clerk 8 MEMORANDUM TO. HONORABLE MAYOR BAUDEK, BOARI- -- IRUSTEES, TOWN ADMINISTRATOR WIDMER V FROM: PETE BRANDJORD, FINANCE OFFICER \/ \ SUBJECT: ESTES PARK PUBLICLIBRARYS REQUEST ]FOR SERVICES DATE: 3/4/2004 Ca Background. The Estes Park Public Library has requested that the Finance Department of the Town of Estes Park provide accounting services for the Library. The Finance Department currently provides similar services to the Estes Valley Recreation and Park District on a fee basis, and has since 1993. The Finance Department has assisted the Library on an interim basis since early February, and seeks Board approval before further extending the relationship and services. Budget The accounting function at the Library was staffed as a one-half full time equivalent (FTE) position (20 hours per week), and this position is currently vacant. After analyzing the workload and processes, the half-time staffing level appears to be adequate. In order to provide the services to the Library, it is proposed that an entry- level customer service position be staffed in the Finance Department at 20 hours per week This employee will be piin1arily responsible for front line customer service activities: phone answering, assisting with customer inquiries, filing, copying, and other duties as assigned. This would free time for current, experienced employees to fulfill the additional responsibilities associated with the Library's request. The annual salary and benefit cost for the entry-level one-half F'IE position will be $14,440. The proposed yearly billing to the Library is $18,240, which will cover the staffing cost, plus any additional training, equipment, supplies and contingencies. Action Policy Issues - The attached intergovernmental agreement (IGA) would further develop the intergovernmental cooperation between the Town of Estes Park and the Estes Park Public Library. Technical Issues - Exhibit A to the attached IGA specifies the scope of technical services to be perfoimed bythe Finance staff. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT effective this day of 2004, by and between the TOWN OF ESTES PARK, a Municipal Corporation, hereinafter referred to as the ("Town") and the Estes Valley Library District, a quasi-municipal corporation and political subdivision in the State of Colorado, hereinafter referred to as the ("District"). WHEREAS, the Town operates a finance and accounting office; and WHEREAS, the District desires to contract with the Town for certain financial and accounting services; and WHEREAS, Section 29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entity; and WHEREAS, pursuant to the applicable statutes of the State of Colorado the parties are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PART[ES HEREBY AGREE AS FOLLOWS: 1. The Town shall provide financial and accounting services to the District as said services are more fully set forth on Exhibit"A" attached hereto and incorporated herein by reference. 2. The District shall pay to the Town for its services the sum of $1520.00 per month. The sum is due payable on the first day of the first calendar month from the effective date of this Agreement. The monthly payment of $1520.00 shall be increased by 3% compounded annually on January 1 of each successive year. 3. The District shall provide the necessary financial and billing information necessary to allow the Town to perform the services set forth on Exhibit 4. The parties understand and agree that the information provided from the District to the Town shall be used by the Town only in the services to be provided under Exhibit "A". The Town hereby agrees not to provide any portion of said information to any third party without the express written consent of the District. The parties understand and agree that both the District and the Town are subject to the applicable provisions of Article 72 of Title 24, C.R.S., commonly known as the Public Records Law. In the event the Town receives a request for information received from the District or the requested information is a product of the Town's services pursuant to this Agreement, the Town shall inform the District of the request. The District shall consult with the Town inunediately to determine whether or not the request shall be honored under the applicable terms and conditions of the Public Records law. If the District -1- instructs the Town not to honor the request or any portion thereof, the District shall indemnify and hold the Town harmless from all costs incurred by the Town as a result of its failure to provide the requested information including but not limited to all attorneys fees, expert fees and court costs incurred by the Town as a result of its denial of said request. The parties agree that the Town shall comply with any order of any Court requiring release of information. 5. This Agreement shall be for the period between the effective date hereof and December 31, 2004. This Agreement shall automatically renew for five (5) additional one-year periods commencing January 1 of each year unless terminated by either party hereto. Either party may terminate this Agreement by giving thirty (30) days notice of termination in writing to the other party. The District shall pay the Town all compensation due through the date of termination. 6. This Agreement contains the entire agreement between the parties and may be amended by the parties only in writing. 7. The District is not an agent or employee of the Town and the Town is not an agent or employee of the District for any of the terms, conditions or services provided under the terms of this Agreement. 8. The District agrees to indemnify, hold harmless and defend the Town, its officers, agents, volunteers and employees, from and against allliability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the District's intentional and negligent actions in its provision of any services or information under the terms and conditions of this Agreement. 9. The Town agrees to indemnify, hold harmless and defend the District its officers, agents, volunteers and employees, from and against allliability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss of use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Town's intentional and negligent actions in the provision of any services or information under the terms and conditions of this Agreement. 10. The Town and the District will provide each other with prompt notice of any event covered by the indemnity section of this Agreement, and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. .11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered as follows: -2- Town of Estes Park Town Administrator P O Box 1200 Estes Park, CO 80517 Estes Valley Library District Executive Director P O Box 1687 Estes Park, CO 80517 12. This Agreement shall be construed in accordance with the laws of the State of Colorado, and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 13. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et. Seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 14. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the written consent of the other party. TOWN OF ESTES PARK, BY: Mayor ATTEST: 1 1 Town Clerk Estes Valley Library District BY: -3- r Exhibit A Scope of Services General accounting functions: Processing o f cash receipts Investment accounting Cash management assistance General journal entry Monthly financial reporting Annual budget entry Assist with annual audit by independent auditors Accounts payable: Processing ofpayments to vendors 1099 reporting and issuance PaWO11: Bi-weekly processing Direct deposits Payroll tax processing and reporting Benefit processing and reporting End of year reporting W-2 reporting and issuance Set up processes and related costs not included in scope of services Software installation and licensing Connection of Library terminal to AS-400 mainframe in Municipal Building Audit adjustments and worksheets for 2002 and 2003 Completion ofbacklog work-in-process prior to agreement Tasks outside the regular scope of services will be discussed with management before commencing and will be billed at actual costs