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Home My WebLink AboutPACKET Town Board 2005-04-26Ff LE Prepared 04/18/05 <OEED> The Mission of the Town of Eetes Fark le to plan and provide Â¢ D reliable, hi0h-value eervices for our citizerie, visitors, and employees. We take great pride eneurinG and enhancing the quality of life in our community by Deine 0ood etewarde of public reeourGee and natural eettinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 26,2005 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PROCLAMATION - MAYOR BAUDEK. 1701 ANNUAL ESTES PARK DUCK RACE, "DUCKY RACEDAy", MAY 7,2005. PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 12,2005. 2. Bills. 3. Committee Minutes: A. Utilities, April 14,2005: 1. Moraine/Elkhorn Intersection Traffic Light Painting, Estes Park Paint & Decorating, Inc., $8,665. 2. Waiver of Water Tap Fee for Habitat for Humanity, 654 Halbach Ln. 3. Lease of 75 ac. ft. of Town-owned water rights to EVRPD and Park R-3 School District, at rental B. Public Works, April 21, 2005: 1. East Riverside Culvert Repair Project, Insituform Technologies, $35,000, budgeted item. 2. Annual Tree Replacement Project at Riverside Plaza, Phase 1, Estes Valley Home & Garden Center, Inc., $10,000, budgeted item. 4. Estes Park Housing Authority, March 9,2005 (acknowledgement only). 5. Estes Valley Planning Commission, April 19, 2005 (acknowledgement only). 6. Standard Agreement for Rental of Election Equipment with Larimer County. 1 Continued on reverse side 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: A. PRELIMINARY PLAT TIME EXTENSION: 1. Deer Ridge Subdivision, Amended Plat of Lots 3 and 4, Skoog Subdivision, John Skoog/Applicant. B. SUPPLEMENTAL CONDOMINIUM MAPS. 1. Supplemental Condominium Map #1, EPCO Condominiums, Units 21 and 22, Lot 1, EPCO Subdivision, Dennis K. Brown/Applicant - CONTINUED TO MAY 24,2005. 2. Supplemental Condominium Map #4, Solitude 11 Condominiums, Unit 5, Lot 2, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. 3. Supplemental Condominium Map #4, Solitude V Condominiums, Unit 6, Lot 5, Solitude Subdivision, Crystal Creek Development, Inc./Applicant. 4. Supplemental Condominium Map #3, Thunder Canyon Condominiums, Building 1, Lot 22, Stanley Hills Subdivision, Roy Johnson/Applicant. 2. ACTION ITEMS: A. Presentation of Remaining Portion of Block 7 Amendments, Estes Valley Development Code - First Reading. Public Hearing scheduled May 24,2005. 2. ACTION ITEMS: 1. LIQUOR LICENSING: TRANSFER OF OWNERSHIP FROM EVRPD & BHM2 TO EVRPD & WILLIAM AND LORRAINE CARTER, dba HANGAR RESTAURANT AT THE ESTES PARK GOLF COURSE, HOTEL & RESTAURANT LIQUOR LICENSE w/OPTIONAL PREMISE. 1080 S. ST. VRAIN AVE. Town Clerk O'Connor. 2. INTERGOVERNMENTAL AGREEMENT: EVRPD & TOWN OF ESTES PARK FOR THE YOUTH CENTER. Town Administrator Repola. 3. CVB BUILDING CONSTRUCTION - GUARANTEED MAXIMUM PRICE. Business Development Director Pickering. 4. APPOINTMENT OF IKE EISENLAUER TO THE ESTES VALLEY PLANNING COMMISSION, REPLACING RICHARD HOMEIER. 4-YR. TERM. EXPIRING DECEMBER 31. 2008. Mayor Baudek. 5. TOWN ADMINISTRATOR'S REPORT. A. Town Loqo - Discussion. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 Town of Estes Park, Larimer County, Colorado, April 12, 2005 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 12th day of April, 2005. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Also Present: Randy Repola, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Bill Pinkham, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PRESENTATION: Mayor Baudek presented a Plague to Greg White, Town Attorney commemorating 25 years of service as Town Attorney for the Town of Estes Park. Attorney White expressed his appreciation to the Mayor, Board of Trustees and Staff. PUBLIC COMMENT. Byron Hall expressed his appreciation to Attorney White on his informative presentation concerning water law during a Citizens Information Academy Class and, as PresidenVAssociation for Responsible Development, noted the organization's opposition to any extension of EPURA. Mr. Hall suggested the Board carry on an open dialog on this subject. Mayor Baudek confirmed that public hearing(s) would be conducted concerning any extension of EPURA. TOWN BOARD COMMENTS Trustee Habecker commented on religious beliefs; individuals should not be coerced; commented on the recall election results; and protests on religious and moral grounds. In closing, he commented on the competency of the Board of Trustees and Staff, the Home Rule process may not be easy nor resolve conflicts, regarding a marketing district, the Town's assets should be leveraged, the Town Board's role is to set policy and goals not manage day to day operations. Trustee Habecker recited his version of the Pledge of Allegiance. Mayor Baudek and Trustee Doylen expressed their appreciation to Trustee Habecker for his service to the community. Concluding all comments, Mayor Baudek declared a 5-minute recess at 7:13 p.m. Mayor Baudek reconvened the meeting at 7:19 p.m. Board of Trustees - April 12,2005 - Page 2 1. SPECIAL RECALL ELECTION: A. Election Results Report. Town Clerk O'Connor presented the Final Report for the Special Recall Election held March 22,2005: QUESTION: ABSENT PRECINCT TOTAL NO. Shall David Habecker VOTER #1 OF VOTES be Recalled from the PRECINCT CAST Office of Trustee of the Town of Estes YES = 190 713 903 Park? NO = 151 . 454 605 CANDIDATES: Garry Bloom 34 156 190 John Ericson 87 250 337 Richard Homeier 108 358 466* Dorathea Sloan 66 183 249 The Total Registered Voters for this election was 4,153; Absentee & Provisional Votes Cast were 341; and the number of votes cast on Election Day were 1,167; resulting in a 36.31% voter turnout. Municipal Judge Brown and Deputy Clerk Williamson assisted Clerk O'Connor in performing the "Official Canvas of Votes" and have declared Richard Homeier duly elected. The total estimated election expenses are $5,622.36 pending receipt of one additional invoice. B. Official Swearing-In of Trustee Elect Richard Homeier. Municipal Judge Brown conducted the Official Swearing-In of Trustee Elect Homeier. C. Committee Assignments - Mayor Baudek presented the following Committee and Town Board Goal Team Assignments: â€¢ Trustee Homeier: Member - Public Safety Committee Member - Public Works Committee Trustee Liaison - Estes Valley Plantiing Commission â€¢ Trustee Levine: Chairman - Public Works Committee â€¢ Trustee Pinkham: Merhber - Community Development Committee Trustee Liaison - Advertising Committee D. Town Board Goal Teams: â€¢ Trustee Homeier: Member - Goal Team 5 - Transportation and Parking Improvements. Member - Goal Team 6 - Stanley Park Improvements & Implementation Plan. 2. CONSENT AGENDA (Approval of): A. Town Board Study Session, March 17, 2005, and Town Board Minutes dated March 22,2005. B. Bills. Board of Trustees - April 12,2005 - Page 3 C. Committee Minutes: Community Development, April 7,2005: Special Events Dept.: 1. Contract Approval: (1) 2005 Christmas Parade, November 25, 2005 with Leslie Williams, $10,000; (2) Rocky Mountain Team Penning Assn., September 16-18, 2005; and (3) Colorado Hunter- Jumper Assn., July 22-24,2005. 2. Minolta Copier Machine, $11,813 (Budgeted Item). Community Development Dept.: 1. Fee Waiver: Neighborhood Subdivision (attainable housing). It was moved and seconded (Doylen/Levine) the consent agenda be approved, and it passed unanimously. 3. ACTION ITEMS: A. INTRODUCTION OF STEVE McFARLAND, FINANCE OFFICER AND APPROVAL OF OFFICIAL APPOINTMENTS. Town Administrator Repola officially presented newly-hired Steve McFarland/Finance Officer, and the following appointments were confirmed: 1. Town Treasurer (Finance Officer and Town Clerk ProTem). 2. Secretary, Building Authority, completing a 3-Year Term, expiring 1/01/06. 3. Treasurer, Firemen's Pension Board, completing a 2-Year Term, expiring 04/06. 4. Policemen's Pension Board, completing a 2-Year Term, expiring 04/06. 5. Goal Team #1 - Create an Overriding Plan or Strategy for Future Economic Development. 6. Goal Team #3 - CVB Rehabilitation/Renovation of Visitor Facility. 7. Goal Team #6 - Stanley Park Implementation Plan. Officer McFarland expressed appreciation for the vote of confidence. B. RESOLUTION #10-05 - CONTRACT WITH C.D.O.T. FOR FISH CREEK HIKE/BIKE TRAIL, PHASE 3. Construction/Facilities Manager Sievers presented the Resolution adding that the Public Works Dept. applied for and received a minimum 80/20% matching State Funding Grant for Phase 111 of the Fish Creek Trail. This proposed phase will connect the existing Hwy. 7 Trail with the current ending point of the Fish Creek Trail, Phase 11 on Scott Ave. The grant amount is $164,800 and the Town's portion is a minimum of $35,000 (budgeted). The Resolution officially enters the Town into the CDOT Contract Agreement. Construction is expected next spring, 2006. Staff closely monitors grants that become available throughout the years, and a pro-active stance is maintained. It was moved and seconded (Newsom/Doylen) Resolution #10-05 be approved, and it passed unanimously. Town Administrator Repola commended Public Works Staff Members Sievers and Button for their continued effort on grant applications. C. RESOLUTION #9-05 - SETTING AUGUST 2. 2005 AS SPECIAL ELECTION DATE FOR THE PURPOSE OF (1) FORMING A CHARTER COMMISSION AND (2) ELECTING CHARTER COMMISSION MEMBERS TO FRAME A CHARTER. Town Attorney White read the Resolution establishing the August 2, 2005 special election date that included the following ballot question: Board of Trustees - April 12, 2005 - Page 4 Shall the Town of Estes Park, Colorado form a home rule charter commission? CD Yes CE> No It was moved and seconded (Levine/Doylen) Resolution #9-05 be approved, and it passed unanimously. Clerk O'Connor noted that candidate nomination petitions would be available April 15~h through May 13* D. APPOINTMENT - ESTES PARK URBAN RENEWAL AUTHORITY COMPLETE 5-YR. TERM VACATED BY TAMARA JAROLIMEK, TERM EXPIRING 9/14/07. Mayor Baudek requested approval of the appointment of John M. Ericson, Jr. to complete the 5-yr. term vacated by Tamara Jarolimek. It was moved and seconded (Doylen/Levine) Mr. Ericson be so appointed with his term expiring 9/14/07, and it passed unanimously. E. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM KATHLEEN A. DUEMIG ENTERPRISES. INC.. dba WAPITI BAR & GRILL TO MONTEGO BAY ENTERPRISES. INC. dba WAPITI RESTAURANT AND PUB. TORY NELSON, 247 W. ELKHORN AVE.. TAVERN LIQUOR LICENSE. Town Clerk O'Connor presented the application transferring the Tavern Liquor License to Montego Bay Ent., Inc./Tory Nelson. Regarding required T.I.P.S. training, the Applicant must provide confirmation of successful completion of the course. Mr. Nelson commented on the transfer, and Mayor Baudek urged Mr. Nelson to comply with Liquor Laws, particularly avoiding liquor sales/service to minors. It was moved and seconded (Doylen/Newsom) the Transfer Application filed by Montego Bay Ent. Inc., dba WAPITI RESTAURANT & PUB for a Tavern License be approved, and it passed unanimously. F. PUBLIC HEARING - FALL RIVER SECOND ADDITION AND THIRD ADDITION ANNEXATION REQUEST - RESOLUTION #10-05 & ORDINANCE #6-05 - PUBLIC HEARING. Mayor Baudek opened the Public Hearing and Attorney White briefed the Board on three Fawn Valley property owners who have expressed their desire to withdraw from the annexation. Staffs recommendation is to find the properties eligible for annexation and, based on the three property owners, deny the annexation. State Statute does not allow municipalities to omit properties from the petition as they are all contained on the plat. Staff could proceed with a new annexation submittal with those remaining Fall River properties voluntarily desiring to annex. It was moved and seconded (Doylen/Levine) the Town finds the properties eligible for annexation; however, the annexation as presented be denied, directing Staff to proceed as noted above. Mayor Baudek noted that annexation is indeed voluntary and if for any reason property owners do not wish to proceed, annexation should be rejected. The motion passed unanimously. G. GOAL TEAM 7 PERFORMING ARTS FEASIBILITY STUDY - OFFICIAL REQUEST FOR FRIENDS OF STANLEY HALL (FOSH) FUNDS BY CULTURAL ARTS COUNCIL OF ESTES PARK (CACEP). Town Administrator Repola provided background information on the collaborative project between the Town and EPURA to construct a performing arts facility in the Wiest Parking Lot (2003), and gave a PowerPoint presentation. A consultant was hired to prepare a feasibility study ($30,742) and the findings were that the theatre would require a General Fund subsidy of $250,000- $379,000*. Based on this information, Goal Team 7 began investigating other options. Alternative plans and sites were considered, including a Board of Trustees - April 12,2005 - Page 5 publidprivate joint venture and a CACEP proposal. None of the alternatives were acceptable to the Goal Team due to costs, location or concept, and CACEP was advised of the Team's position. CACEP subsequently began negotiations with EPURA to purchase the 4,700 sq. ft. condominium that EPURA will receive as payment for its property on W. Elkhorn (Rivers Pointe). In an effort to secure funds for this transaction, Michael Oline, PresidenVCACEP has submitted a written request for the FOSH funds. However, FOSH members are not in favor of transferring the remaining funds to CACEP at this time. Pursuant to the existing FOSH Agreement: (1) the Town had a 4-yr. timeframe to determine the feasibility of a theater; this period expires in May, 2006, and (2) disbursement of the funds is at the Town's sole discretion. Town Administrator Repola commented a potential proposal for the Town- owned Lot 4, Stanley Addition that could include a private partner for development of the land and construction of a theater for the Town. Comments in support of transferring the funds to CACEP were heard from Mike Oline, President and Ron Wilcocks, Vice President. In summary, CACEP's role is to support the local arts community and nothing else; their Board is diverse and 71% voted yes for the funding transfer; the request for the funds contains three parts-1/upgrade the high school theater (for the performing arts community), 2/seed money for a new addition to the YMCA Humbolt Auditorium (for the performing arts community), and 3/seed money for a multi-use center for visual arts. Comments from former FOSH members in opposition to transferring the funds to CACEP were heard from Bennett Penn and Greig Steiner. In summary, the memberships' sole responsibility was for a performing arts center; FOSH placed their trust for all funds raised with the Town Board; and CACEP's proposal for the condominium space for use in performing arts is unrealistic. The Town should continue researching and pursue viable ideas for a performing arts center for the entire community. Audience comments were heard from Larry Pesses, PresidenUSchool Board (encouraged discussion on the theater upgrade at the high school); Claudia Irwin (chorus groups need to be included and considered; the Town should take the remaining year to further investigate this project); Steve McCIennahan (opposes transferring the funds to CACEP as they do not represent the entire arts community); Margaret Jensen (read a letter from Vivian Goehring who encouraged transferring the funds); Dawn Normali (supports CACEP; however, if funds can't be transferred the Town should take action); Paul Saunders (encouraged the Board to take CACEP's proposal seriously). Town Board comments included the importance of honoring the original FOSH Agreement, using the remaining year to investigate all options/opportunities, a question on the reality of funding such a center, Goal Team 7 should be allowed to continue their approach, and confirmation, as witnessed this evening, of the community's enthusiasm for the arts. Mayor Baudek noted that while the Board may desire to keep the Town's options open at this time, there are no negative implications being aimed at CACEP. Concluding all discussion, it was moved and seconded (Doylen/Newsom) CACEP's request for the FOSH funds be denied at this time, allowing Goal Team 7 to continue their work, and it passed unanimously. Board of Trustees - April 12,2005 - Page 6 H. TOWN ADMINISTRATOR'S REPORT. 1. Sales Tax Revenues - Update. The February statistics are not favorable, with a decrease in revenues of 7% as compared to 2004, resulting in a year-top-date decrease of 6%. 2. Proposed Revision to Committee Mtq. Schedule - To provide sufficient to produce financial reports for the Utilities Committee, the Utilities and Public Works Committees will be switched. The Utilities Committee will meet the third Thursday and the Public Works Committee will meet the second Thursday; this change is effective May 1St. Trustee Newsom commented he might have a conflict; however, he will attempt to resolve potential scheduling issues. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:15 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, April 14,2005. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14th,day of April 2005. Committee: Chairman Jeffrey-Clark, Trustees Newsom and Pinkham Attending: Chairman Jeffrey-Clark and Trustee Newsom Also Attending: Town Administrator Repola, Public Works Director Linnane, Community Development Director Joseph, Utilities Supt. Goehring Senior Electrical Engineer Matzke, Assistant to the Senior Electrical Engineer Mangelsen and Deputy Clerk Williamson Absent Trustee Pinkham Trustee Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT AND POWER DEPARTMENT. Moraine/Elkhorn Traffic Light Painting - Request Approval. Staff is requesting approval to contract with Estes Park Painting and Decorating Inc. to paint the Moraine/Elkhom intersection traffic lights. In 2004, this project was advertised and no bids were submitted. This year, a price has been negotiated with Estes Park Painting and Decorating to paint the traffic lights including traffic control at a cost of $8,665. This price is competitive with previous year' s bids from the same company. This project will begin in May and be completed in 2 days. Trustee Newsom questioned why CDOT was not maintaining the traffic posts. CDOT supplies and maintains galvanized posts; however if a municipality requests painted posts the municipality must maintain them. The Committee recommends approval of the contract with Estes Park Painting and Decorating Inc. to paint the traffic lights at the Moraine/Elkhorn intersection at a cost of $8,665. Habitat for Humanity Water Tap Waiver - Request Approval. Habitat for Humanity is requesting a single-family residential water tap fee waiver for 654 Halbach Lane. Habitat agrees to repay the tap fee should the property be sold on the open market prior to the passage of 10 years. They also agree to comply with all Town ordinances, codes, and other Town requirements. The cost of the tap fee is $7,600 (Water Fund reimbursed from the General Fund). The Committee recommends approval of the tap fee waiver as presented. WATER DEPARTMENT. Estes Valley Recreation and Park District (EVRPD) Request to Lease 75 Ac. Ft. of Town-Owned Water Rights - Request Approval. In 2004, the EVRPD and the Park R-3 School District requested and received 75 ac. ft. of Town-leased CBT water rights and are requesting the same for 2005 at $50/ac. ft. The following 2005 projections involve water rights use, not actual water use. â€¢ The 2005 water rights avai/ab/e to the Town are projected at over 1,500 ac. ft. â€¢ The 2005 water rights use is projected at approximately 900 ac. ft. An intergovernmental agreement similar to last year's agreement would be prepared by Town Attorney White and signed by the parties. The lease would be contingent upon RECORD OF PROCEEDINGS Utilities Committee - April 14,2005 - Page 2 available water supplies and would again be made part of the agreement. Revenue from the lease would be $3,750. Director Linnane stated that in past years, Town Attorney White has leased extra water rights with some success. Linnane will contact White to continue this practice. The Committee recommends approval of the EVRPD/School District request to lease 75 ac. ft. of Town-owned water rights at $50/ac. ft., as outlined above. Reports â€¢ The Committee reviewed financial reports for the Light & Power and Water Departments through the month of March. . â€¢ Construction on the water tank located on MacGregor will not begin until August forthe protection of the bighorn sheep. Administrator Repola suggested a letter be sent to Rick Spowart, Dept. of Wildlife, requesting the department allow the Town to commence construction this Spring. â€¢ Water accountability is at 88%. â€¢ Water main flushing has begun and will continue for the next 2 weeks with 2 million gallons of water flushed through the system. Director Linnane stated that Richard Matzke's last day of employment is Friday. He thanked Matzke for all his assistance throughout his tenure. The Committee thanked Matzke for his time, effort and professionalism and wished him luck. Director Linnnane stated ESE, a consulting firm used by the Department in the past, will be contacted to refamiliarize themselves with the Town's system in order to provide support during an emergency. Platte River Power Authority has also offered their services with substation system controls and the SCADA system. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 8:42 a.m. Jackie Williamson, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 21, 2005 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 21 st day of April, 2005. Committee: Chairman Levine, Trustees Jeffrey-Clark and Homeier Attending: All Also Attending: Town Administrator Repola, Utilities Superintendent Goehring, Construction and Public Facilities Manager Sievers, Office Manager Button, and Deputy Clerk Williamson Absent None Chairman Levine called the meeting to order at 8:00 a.m. and welcomed Trustee Homeier. NORTH LAKE DRIVE AVENUE - REQUEST APPROVAL TO SOLICIT BIDS. Drainage damage occurred to the roadway shoulder and adjacent properties on each side of the Dry Gulch Road near Sombrero Stables during the summer of 2004. The preliminary drainage design began in December 2004 and the final design plan was submitted to the Public Works Department in April 2005; therefore, this item was not budgeted in the 2005/2006 budget. Staff recommends delaying the Twisted Pine Drainage Project budgeted in the Community Reinvestment Fund for 2005 ($20,000), making funds available for the North Lake Drainage Project (Preliminary Cost Est. $10,000), which is a higher priority. The Twisted Pine drainage can be managed this year through maintenance to prevent the culvert from becoming blocked. The Committee recommends Staff be authorized to solicit bids for the North Lake Avenue Drainage Project, returning to the Committee for final approval. EAST RIVERSIDE CULVERT REPAIR - REQUEST APPROVAL. In 2003, Staff became aware that the existing culvert under East Riverside Drive was old and in poor condition. The cost to dig up, replace, and asphalt patch the 290' of corrugated steel pipe is estimated at $50,000. Insituform Technologies is a worldwide pipeline rehabilitation company specializing in injection fiberglass tubing for underground facilities. Staff recommends the purchase of the custom fabricated pipe relining product from Insituform Technologies, Inc. at a cost of $26,680 with an additional $8,320 as a contingency for any unforeseen difficulties for a total of $35,000. Work would be completed this spring in 2 working days, unless high runoff impedes the schedule. The Committee recommends: (1) approval to purchase the fiberglass pipe lining for the East Riverside Culvert from Insituform Technologies at a cost up to $35,000, and (2) a news release to demonstrate how the Town is leveraging technology to limit disruption to the public. AMENDED ANNUAL TREE REPLACEMENT PROJECT (RIVERSIDE PLAZA) - REQUEST APPROVAL. The Public Works Committee approved the solicitation of bids for the Annual Tree Replacement Project scheduled this year in Confluence Park. One bid was received RECORD OF PROCEEDINGS Public Works Committee - April 21, 2005 - Page 2 from Estes Valley Home & Garden Center Inc. for $19,095. The proposed scope of work from Estes Valley Home & Garden Center Inc. is substantially different from the scope of work originally anticipated during the budget process. Due to the size of the current cotton wood trees, all pavers would be removed from the area to allow complete eradication of the root system. The contractor is confident, weather permitting, that the project could be completed within a week. Staff recommends the project take place after the Duck Race and before Memorial Day. The 2005 and 2006 budgets each include $10,000 for this project, and Staff is recommending that half of the project be completed in 2005, with the remaining half in 2006. The project would start with Phase 11 which contains the most severe damage. The Committee recommends awarding the first half of the Confluence Park Tree Replacement project to Estes Valley Home and Garden Center, Inc. at a cost of up to $10,000. REPORTS. â€¢ Fish Creek Trail - 5 bids have been received for the trail construction. Northstar Concrete, Inc. submitted the low bid of $594,206.30. Construction will begin within the next 30 days with completion by the end of July. â€¢ CDOT has tabled the repaving of Hwy. 34 from Elkhorn Ave. to Rky. Mtn. Park Entrance due to a lack of funding. Hwy. 36 from Lyons to Estes Park will begin after Memorial Day. The road will remain open with some delays. CDOT will provide a press release. â€¢ Street Sign Replacement Project - Bid packets have been sent to local companies as well as major sign companies with bids due back by May 6th. Chairman Levine stated that the next Public Works Committee meeting will be held on the second Thursday, May 12th. There being no further business, Chairman Levine adjourned the meeting at 8:35 a.m. Jackie Williamson, Deputy Town Clerk Estes Park Housing Authority (EPHA) Board Meeting March 9,2005 Members Present: Susan Doylen, Catherine Jensen Karla Porter, Jack Dinsmoor Members Absent: Eric Blackhurst Staff Present: Mariann Pugh, Sam Betters, Rich Ekwall Others Present: Joe Wise, Trail Gazette representative, Bill Pinkham. The March 9,2005 meeting of the Estes Park Housing Authority was called to order by Vice Chairperson Karla Porter at 8:40 a.m. in the Estes Park Municipal Building. APPROVAL of MINUTES A motion was made to approve the February 9,2005 minutes ofthe Estes Park Housing Authority Board of Commissioners meeting by Susan Doylen and seconded by Catherine Jensen. A vote was called for and all voted aye and the motion was passed. FINANCIAL REPORT Report of Certificates ofDeposit: Board willlook at these options at the April meeting. DEVELOPMENT UPDATES a. Vista Ridge i. Phase II Sales Update: 15 Units in Phase I & II are sold. Only 1 market rate unit remained to be sold. There are also 2 buyers lined up for Phase 3 market units. ii. Phase III- Rich reported on the construction ofphase 3. The excavators encountered a soil compaction issue. Phase 3 Marketing: Joe has listing agreement for Phase 3 ready to be signed. Lot 3 redesign: Staff is looking at 3 possible site plan options and will be presenting those to the investors for discussion COMPLEX UPDATE a. Talon's Pointe: i. Occupancy and Delinquency: Mariann evicted one tenant due to lack ofpayment, but has a prospective renter in the works. There was only 1 vacancy for February 05. b. Cleave Street: i. Occupancy and Delinquency: Rita reported that there was currently one vacancy. ii. Renovation: Sam reported that he and Rita were successful yesterday in obtaining $94,000 from the Colorado State Division of Housing for the Cleave Street Renovation Project. The project will be moving forward. REPORTS. UPDATES, and OTHER MISCELLANEOUS a. Transition Team Report: Rita gave the Board a summary of the last meeting of the Transition Team. Currently waiting on a letter of intent from the Town of Estes Park regarding Health Insurance Benefits. Also waiting on a letter with regards to Insurance. Items that have been decided on include Payroll Services and Accounting will be done by HACOL. Health benefits will be purchased from the Town. b. Utility Allowance Resolution: Rita presented Resolution #33 and a utility allowance chart. It was explained that this chart was from the Division ofHousing and it is being requested that the EPHA adopt it to ensure uniformity. Rita read the resolution. Motion to approve resolution # 33 was made by Susan Doylen and seconded by Catherine Jensen was made. Vote was called for and all voted Aye. Motion to approve Resolution # 33 passes. There being no further business, Karla Porter adjourned the meeting at 9:35 a.m. Respectfully Submitted Rita Kurelja Estes Park Housing Authority RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission April 19, 2005,1:30 p.m. Board Room, Estes Park Municipal Building Commission: Chair Joyce Kitchen, Commissioners Wendell Amos, George Hix, Bill Horton, Betty Hull, and Edward Pohl (one position vacant) Attending: Commissioners Amos, Hix, Horton, Hull, and Pohl Also Attending: Town Attorney White, Director Joseph, Planner Chilcott, Town Board Liaison Homeier, and Recording Secretary Roederer Absent: Chair Kitchen, one vacant Commissioner's position, Planner Shirk Acting Chair Pohl called the meeting to order at 1:30 p.m. 1. CONSENT AGENDA a. Estes Valley Planning Commission minutes dated March 15, 2005. It was moved and seconded (Hull/Horton) that the Consent Agenda be accepted, and the motion passed unanimously with two absent. 2. PUBLIC COMMENT None. 3. PRELIMINARY SUBDIVISION PLAT, MARY'S LAKE RIDGE, Metes and Bounds, 825 Little Prospect Road, Applicant: Crystal Creek Development, Inc. Director Joseph reviewed the staff report. The applicant has submitted a request to subdivide a 3.75-acre parcel into six lots. The property is zoned "A-l" Accommodations, which allows either single-family residential or accommodations use. The base density of four units per acre has been modified to meet slope- adjustment standards. Proposed lot sizes range from .42 acres to .63 acres; the base minimum lot size for-the A-1 zoning district is .25 acres. Restrictions on lot coverage and floor area ratio will be enforced with individual building permits. Building envelopes have been configured to protect significant trees located on the northeast portion of the site. Although there are no open space requirements for this proposal, an open space of 1/3 acre located on the south side of Little Prospect Road will be dedicated. Little Prospect Road will be paved from Mary's Lake Road to the eastern property line and the units will be served by the proposed Silver Tree Lane, a private driveway. Both roads will be improved to meet current standards and public right-of-way will be dedicated for both. While Silver Tree Lane will be placed in a public right-of-way, it will remain a private road and will be privately maintained. Stormwater from Little Prospect Road will be conveyed to an existing swale system on the west side of Mary's Lake Road. Runoff from Silver Tree Lane will be conveyed to a detention pond located near the northwest corner of the subdivision. Director Joseph noted that the stormwater management plan for this project should greatly improve the existing situation in terms of drainage and erosion. Staff has approved a modification to allow all six units to access a private driveway-Silver Tree Lane-and will require that access for the units be solely from Silver Tree Lane. This proposal complies with the other applicable sections of the Estes Valley Development Code. Adequate public facilities are available to serve the proposed RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 April 19, 2005 subdivision. There is one existing fire hydrant near the southeast corner of the site; an additional hydrant will be added to satisfy fire flow requirements. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. The request was also submitted to adjacent property owners for consideration and comment. Three letters were received from neighbors-Merilyn and Ferrell Ingram and Jan Taylor; Lee and Marjorie Angle; and Michael Alan Smith, Patricia Jo Smith, Robin Sterling Smith, and Timothy Pallady Smith. The letters generally indicated that the proposed density is too high for the area. Director Joseph noted that prior to adoption of the Estes Valley Development Code, the area was zoned "T" Tourist, which had no density limitations; it would have allowed dramatically higher development densities. Nearby neighbors, Dan and Pataricia Barkey, also expressed concern about the overall impact of the development. Neighbor Theresa Oja expressed concern about additional stormwater runoff. Two nearby property owners stated that there may be a private deed restriction on this property. A copy of the deed restriction was provided by the project engineer, Paul Kochevar. The deed restriction states, "...no more than one dwelling house to be constructed on or to be maintained on each full one-half acre." Staff has advised the concerned citizens that the Estes Valley Development Code, Planning Commission, and Board of Couhty Commissioners have no authority to enforce private deed restrictions. However, staff does recommend the required "Disclosure Notice" to prospective buyers mention this. Director Joseph noted that the net density of the proposed development does not exceed one unit per half acre. Public Comment: Paul Kochevar of Estes Park Surveyors and Engineers was present to represent the applicant. He stated his agreement with the proposed conditions of approval and agreed to add a sewer line easement across lot,5 in thefinal plat. Theresa Oja, adjacent property owndr, stated her concerns regarding the impact of drainage from the development. She questioned who would be accountable for increased drainage problems in the area should they occur, noting that flooding has occurred on her property in the wake of other adjacent development and the installation of sewer line on Little Prospect Road. Mr. Kochevar stated that the drainage will be altered; it will be conveyed down the paved road rather than running into a barrow ditch. He stated that the amount of runoff will not be increased. Instead, it may be reduced. Director Joseph noted that a licensed engineer must design drainage plans that meet the standards provided in the Larimer County Stormwater Management Plan and that the County holds an improvement guarantee from the developer to insure that the plans are followed. It was moved and seconded (Horton/Amos) to recommend approval of the Preliminary Subdivision Plat, Mary's Lake Ridge, Metes and Bounds, to the Board of County Commissioners, with the findings and conditions recommended by staff, and the motion passed unanimously with two absent and the following conditions. 1. The required Disclosure Notice shall include the following: limitations on floor area ratio and impervious coverage, tree and vegetation protection, landscaping requirements, and the limit of one curb cut per lot (unless a waiver is granted by Larimer County). Access to all lots shall be restricted to Silver Tree Lane. 2. The required Development Agreement shall include the following: landscaping, utility improvements, road and stormwater requirements, as-built plans, and removal of the existing barbed-wire fence. Full release of the improvement guarantee will not occur until receipt of engineer's affidavit certifying that improvements have been constructed as per the engineer's design as originally RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 April 19, 2005 approved or as subsequently modified by a professional engineer and approved by a Larimer County engineer. 3. A road, landscaping, and drainage facility maintenance agreement shall be recorded with the final plat. 4. Compliance with the memo from Greg White dated February 14, 2005. 5. Compliance with memos from Upper Thompson Sanitation District dated February 11, 2005 (Ron Witt and David Brand). 6. Compliance with the memo from Town of Estes Park Public Works (Greg Sievers) dated February 10, 2005. 7. Compliance with the memo from Larimer County Engineering (Roxann Hayes) dated April 12, 2005. 8. Dedication of a sewer easement on Lot 4 for the existing sewer service line to the house on Lot 5. 9. Provision of access via right-of-way or an access easement for the driveway that crosses the proposed open space. 5. REPORTS a. Estes Valley Planning Commission Periodic Review Director Joseph stated that the members of the Larimer County Board of County Commissioners will meet with the Estes Valley Planning Commissioners immediately following the Planning Commission meeting in order to conduct a periodic review. b. Sky Kiva Director Joseph reported on an agreement that is being crafted that would allow the owner of the north end property known as Sky Kiva to build a new residence with an attached accessory dwelling unit and a horse/RV-storage barn, as well as preserve the historic buildings located on the property, without going through the traditional subdivision process. The forty-acre property is located at 2120 McGraw Ranch Road and currently holds two historic summer cabins that do not conform to density standards. The property is zoned RE-1, Rural Estate, which has a ten-acre minimum lot size. Rather than subdividing the property, the owner would like to group the dwellings in a "family enclave" and hold the bulk of the property in an undeveloped state via a deed restriction. The homes would not be rented nor used year-round. Ridgeline standards would be adhered to and the net density would not exceed the inherent amount allowed on the land. This proposal will be reviewed by the Larimer County Commissioners. There being no further business, the meeting was adjourned at 2:35 p.m. Edward B. Pohl, Acting Chair Julie Roederer, Recording Secretary SCOTT DOYLE LARIMER CLERK & RECORDER ~COUNTY Larimer County Clerk and Recorder AGREEMENT FOR RENTAL OF ELECTION EQUIPMENT This agreement is made effective this 15th day of April 2005, between the COUNTY CLERK AND RECORDER, LARIMER COUNTY, COLORADO ("County"), and the Town of Estes Park ("Entity"). The County hereby rents to the Entity and the Entity rents from the County the following equipment for use in the Entity's election on August 2,2005: 1. Two (2) voting units (ACCU-VOTES), seals, ender cards, spare printer tape and ribbon for each unit. Two (2) black ballot boxes and 20 security sleeves (8.5 x 11). Rental fee is $250.00 per voting unit. The county will also provide a voting unit as a backup. 2. Five (5) Voting Devices (booths). One of the 5 voting devices will be an ADA voting booth. Rental fee is $10.00 per device. The county will also provide 2 voting devices as backup. 3. The Entity agrees to pick up the equipment from the County on July 17, at 1:00 p.m. 4. The Entity agrees to return the units to the County within five working days after the election to be held on August 2,2005. 5. The Entity agrees to pay for any uniUdevice repair or replacement cost for damages to the units and/or devices incurred during the rental period. It is agreed the replacement cost of each unit is $6,500.00. The replacement cost of each device is $250.00. AGREED: Scott Doyle COUNTY CLERK AND RECORDER Scott Doyle Town of Estes Park County Clerk and Recorder Motor Vehicle Division Elections Division Recording Division Loveland Annex Estes Park Annex P.O. Box 1280 P.O. Box 1547 P.O. Box 1280 205 E. 6th Street 1601 Brodie Avenue Ft. Collins, CO 80522 Ft. Collins, CO 80522 Ft. Collins, CO 80522 Loveland, CO 80537 Estes Park, CO 80517 (970) 498-7878 (970) 498-7820 (970) 498-7860 . (970) 679-4521 (970) 577-2025 COMMITTED-TO-EXCE[[ENCE Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner /25 Date: April 26,2005 Subject: Time Extension - Deer Ridge Preliminary Plat Background. In February 2004, the Town Board approved the Deer Ridge Subdivision preliminary plat to divide one lot into three. This proposal is located at the end of Homestead Lane, off Fall River Road. Approved Preliminary Plats are valid for one year. Therefore, approval of this preliminary plat has lapsed. The applicant is requesting an extension for the preliminary plat until July 1. - Staff recommends the preliminary plat be extended until September 1 in order to assure improvements can be installed during the busy summer months (the applicant is choosing to install all required improvements now instead of submitting an improvement guarantee). Budget. N/A Action. Staff recommends APPROVAL of the request to extend preliminary plat approval for the Deer Ridge Preliminary Plat until September 1, 2005 CONDITIONAL TO: 1. Full compliance with the approved Preliminary Plat. 2. Compliance with applicable revisions of the EVDC, should any occur. PM .InA!}I Â·d LU I e Community Development Memo To: Mayor Baudek and Town Trustees From: Bop Joseph ~d~ CC: Randy Repola Date: March 2,2005 Re: Regulation of Vacation Condominiums in the "A" zoning district Problem Statement Traditional distinctions between commercial accommodations (short term occupancy) and non-commercial residential (long term occupancy) uses no longer operate as they have in the past. The trend of condominium vacation home ownership is strong and is expected to continue. Furthermore, state law prevents municipalities from limiting the conversion of existing accommodation units into condominium ownership. The Town can however limit the use of condominium units to be consistent with the zoning districts they are located within, (e.g. Solitude is limited to average stays of 30 days or less). The availability of Multi-Family zoned land for new condominium development is extremely limited, and the availability of land for new single family subdivision is also limited. The Estes Valley is rapidly approaching full build out of both single family and multi-family residential housing. As this happens it can be expected that those who want to move to Estes Park will purchase condominium units located in "A- accommodations" zoning districts and occupy them as a prindpal residence, thus removing these units from the short term rental pool. It also may be expeded that many existing owners of vacation condo's will do the same as they reach retirement age, resulting in a further shrinkage of short-term rental units. A recent survey of vacation home owners in Steamboat Springs revealed that 78 percent of second homeowners anticipate spending more time in Steamboat Springs within the next five to ten years. Additionally, 42 percent stated they are 'Very likely" to make Steamboat Springs their permanent residence within this same time frame. A similar scenario is expected to play out in Estes Park eventually resulting in a significant reduction in the total number of revenue generating short term rental units. 1 1, Proposed Action The Estes Valley Development Code now allows any and all forms of permanent residential occupancy as a use by right within the A-Accommodations zoning district. This means that any owner of a unit in the "A" district may legally occupy the unit as a principal residence. It is proposed to revise the allowed uses in the "A" district to disallow permanent residential occupancy, thus protecting against future erosion of the Town's commercial base. It is important to act on this now, in a proactive manner, as these units are being constructed and sold, so that the buyers understand that the units are not to be converted into permanent residences. If action is deferred until the problem becomes evident the Town would then be faced with owner's who have established a legally grandfathered right t6 occupy the units as a principal residence. Implementation Staff recommends the adoption of a regulation requiring that all units within the "A" district must be available for short term occupancy for at least 6 months out of the year. The allocation of this period of time when the unit is made available for short term rental would be up to the owner and rental manager. However, every unit must be made available for short term rental for a period of not less than 90 days in the first and third quarters of the year, and 90 days in the second and forth quarters of the year. â€¢ Page 2 Community Development Meno To: Town Board From: Bob Joseph -.i==Â·e-m, ~ i'â‚¬L-J Date: March 2,2005 Re: FAR, Floor Area Ratio Exemption The Planning Commission is recommending adoption of the following FAR exemption: The percentage of the total volume of habitable living space (cubic feet) that is placed below original grade qualifies as the percentage of total FAR that is exempt. The applicant's architect or design engineer would submit two calculations for each building that is subject to a written request for the below grade FAR exemption. The first calculation would establish the actual volume (cubic feet) of habitable space that is proposed to be placed below existing or ongina/ grade for a given building. To qualify, the same area must also remain below finish grade. The second calculation would establish the ratio of the total volume of the subject building to the total floor area for that same building. This ratio would then be used to convert the below grade volume back into floor area (square feet) that would be considered exempt from the basic floor area limitation for that lot or parcel of land. This calculation could be repeated for any other buildings sited below grade on the same lot, resulting in a net floor area exemption for the lot. Note: since the below grade calculation is volumetric any amount of depression below grade will qualify for an exemption; the greater the volume placed below grade, the greater the exemption. Proposed Code Text: Floor Area Ratio limits and exemptions The purpose of the Floor Area Ratio (FAR) exemption is to encourage good design, efficient land use, and to minimize the visible off-site impact of building bulk. That portion of habitable building floor area that is placed below existing or original grade and that remains below finish grade qualifies for an exemption from basic FAR limits, upon written request. The exemption shall be based on the following formula: Volume (c.f.) of habitable space placed below grade divided by the total volume (c.f.) of the building multiplied by the total floor area of the building equals the square footage of exempt floor area. For Example: A building with a total floor area of two thousand square feet, a total building volume of 30,000 cubic feet, and a volume below grade of 10,000 cubic feet, will qualify for an exemption of 667 square feet. CIO,000 c.f. / 30,000 c.f.) x 2,000 s.f. = 667 s.f. of floor area exemption Note: The total volume of the building shall be calculated by computing the total interior volume contained within the exterior walls and roofs of the structure. 1 . I. Town of Estes Park Community Development Memo TO: Mayor Baudek, Members of the Board From: Dave Shirk and Alison Chilcott, Planners CC: Randy Repola, Town Administrator Date: 3/4/2005 Re: Short-Term Nightly Rentals (Vacation Homes) Please find the attached proposal to amend the Estes Valley Development Code. This amendment is intended to reconcile the recent "short-term nightly rentals" change to the Munidpal Code with the Estes Valley Development Code. In general, this proposed amendment allows nightly rentals as a permitted use in any residential zoning district in the Estes Valley. The amendment to the Municipal Code included standards designed to retain residential neighborhoods as residential in character, but allow flexibility for property owners to rent out their property on a short-term basis. The proposed change to the "A" district, conversely, would allow residential use as accessory to the prindpal accommodation use. This is intended to retain the high-density accommodations district as a commercial district, but allow flexibility for investors to stay in their units for extended periods of time. The "A-1" low-density accommodations district would continue to allow both residential and accommodations as a "use by right." It is Staffs opinion these changes work in conjunction, and will allow a range of ownership options in the Estes Valley. 1 SHORT-TERM NIGHTLY RENTALS Section 4.3 Residential Zoning Districts B. Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Additional Regulations Use Classification Specific Use "S" = Permitted by Special Review (Apply in All Districts Unless "-" = Prohibited Otherwise Stated) RE-1 RE E-1 E R It-1 11-2 RM ACCOMMODATIONLUSES . Bed and Breakfast - - - - - - & R Â§64=B 11}A Low-Intensity Vacation Home Accommodations Nightly Rentals Nightly Rentals Â£Â£Â£Â£Â£Epp - - shall comply with 65.1.B Section 4.4 Nonresidential Zoning Districts B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Nonresidential Zoning Districts "P" = Permitted by Right "S" = Permitted by Special Review Additional Regulations "-" = Prohibited (Apply in All Districts Unless Use Classification Specific use A A-1 CD CO O CH I-1 Otherwise Stated) ACCOMMODATION USES Â§5.1.B. In CD, such use shall Low-Intensity Beâ‚¬1-anâ‚¬t not be located on the ground Pppp--- Accommodations bfeakfasÂ¢4aas floor of a building fronting on EU,hern-Aventle In CD, such use shall not be located on the ground floor of Hotel, Small - P P a building fronting on Elkhorn Avenue 1 â€¢Shen-tem*-aMd Liong-term nightly rentals allowed as a principal use in a residential dwelling unit Nightly Rentals -p-p- - - - â€¢See also Table 5-2 which (Long -Term) allows long-term nightly rentals as an accessory use to a dwelling unit in the A-1 and CD zoning districts Resort lodge/cabins, - P - - - - - Â§5.1.P low-intensity Section 5.1 SPECIFIC USE STANDARDS B. Bed and Breakfast Inn. All bed,and breakfast inn uses shall be subject to the following standards: 1. Structures shall not be altered in a way that changes their general residential appeaFaneer 2. If four (1) or more off street parking spaces arc provided pursuant to Â§7.11, visual screening from adjacent residential uses shall be required. 3. Other than registered guests, no meals shall be served to the general public. No cooking or kitchen facilities shall be allowed in the guest rooms. B. Vacation Home Nightly Rentals. All vacation home nightly rental units shall be subiect to the following standards: 1. Compliance with all the conditions and requirements as set forth in the Town of Estes Park Municipal Code, Chapter 5.20 is required. 2. Registration with the Town is required for vacation home nightly rental units within unincorporated Larimer County. 2 . 1 Section 5.2.B Accessory Uses/Structures Permitted in the Residential Zoning Districts. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District "Yes" = Permitted "No" = Not Permitted Additional Accessory Use RE-1 RE E-1 E R R-1 R-2 RM Requirements Nightly Rentals Yes Yes Yes Yes Yes Yes Yes Yes Â§5.2.8.2.g 45.2.B.2.e Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Nonresidential Zoning District "Yes" = Permitted "No" = Not Permitted Additional Accessory Use A A-1 CD CO O CH I-1 Requirements Nightly Rentals No Yes Yes No No No No â€¢As accessory to a principal residential use (Long-Term) only. 4he-sheEMe,13*41ightly rental of a dwelling unit as an accessory use in the A 1 and CD districts shall nette-subjeeMe-the requirements of Â§5.2.B.2.g abever -See also Table 1 1 which permits short term nightly rentals as a principal use eA-Â·dwellingÂ·tieitli,the A 1 and CD zoning diswiets. Section 5.2.B.2 Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts e. Rentals. (1) Long-term rentals (lease terms of thirty [30] days or more) of a principal or accessory residential dwelling unit shall be permitted as an accessory use in all residential zoning districts. 3 (2) Short term nightly rentals (lease terms of less than thirty [30] days) of a principal residential dwelling unit shall be permitted as an accessory use in all residential zoning districts, provided that the following conditions are met. All permitted short term rentals of dwelling units LJ11U11 UWI~~*UEXIUU-~XJ. (a) Comply with all the conditions and requirements as set forth in the Town of Estes Park Municipal Code, Chapters 5.20 and 5.35, and (b) Obtain a business license if within Town limits. Vacation home nightly rentals (lease terms of less than thirty [301 days) of a principal residential dwelling unit shall be permitted as an accessory use in all residential zoning districts, provided that the following conditions are met. All vacation home nightly rental units shall be subject to the following standards: (a) Compliance with all the conditions and requirements as set forth in the Town of Estes Park Municipal Code, Chapter 5.20 is required. (b) Registration with the Town is required for vacation home nightly rental units within unincorporated Larimer County. Section 13.2.C Use Classification/Specific Use Definitions and Examples. 1. Accommodations, Low-Intensity. a. General Definition: Visitor-serving facilities that provide temporary lodging for compensation, and with an average length of stay of less than thirty (30) days (except for permitted long-term nightly rentals--see 2.b(3) below). Such facility shall be designed to be compatible, in terms of building scale, mass and character, with a predominantly low-intensity and low-scale residential and/or rural setting. b. Examples: This classification includes the following types of specific uses: (1) Bed and Breakfast Inn: - An establishment operated in an owner occupied, single family detached dwelling unit, or portion thereof (excluding accessory buildings), that provides lodging, with or without the service of a morning meal only, and where the operator lives on the premises. No more than eight (8) guests may be acconimodated at any one (1) time. Accessory buildings shall not be used for guest quarters or amenities beyond a gazebo or similar outdoor room. (Ord. 2 02 #10; Ord. 11 02 Â§1). Bed and Breakfast Inn shall mean a vacation home where the operator lives on the premises. 4 (2) Hotel, Small: An establishment containing no more than eight (8) guest rooms that provides temporary lodging with eating and drinking service and a dining room where meals are served. (3) Nightly Rentals (Long Term and Vacation Home): Nightly Rentals: In the A 1 or CD zoning districts, a single family, duplex or multi family dwelling unit that is leased for compensation, to provide temporary lodging for visitors and guests. The term of lease in this permitted principal nightly rental use may be either short term (less than thirty [30] days) or long term (thirty [30] days or more). See Â§5.2.B for nightly rentals allowed as an accessory use in the residential zoning distfiets. A long term nightly rental shall mean a residential dwelling unit that contains one or more guest units/rooms that are leased for compensation. to provide lodging. The terms of lease shall be thirty [301 days or more). Vacation home nightly rental shall mean a residential dwelling unit that is located within a residential zoning district and is rented, leas6d or occupied on a unit basis as an accommodation. See 45.1.B and 45.2.B.2.e for specific use standards for short-term nightly rentals. (4) Resort Lodges/Cabins, Low-Intensity: A tract of land under single ownership and management with no more than a total of twenty (20) guest rooms or guest units available for temporary rental. The guest rooms may be contained in a main "lodge" building and/or contained in detached, freestanding "cabin" structures (the latter freestanding structures shall not include recreational vehicles or mobile homes). A single structure shall contain no more than four (4) guest rooms or units. Guest rooms/units in a resort lodge/cabin use may contain full kitchen facilities in lieu of"limited kitchen facilities," but only if such guest rooms comply with all conditions set forth in Â§5.1.P of this Code. 5 Section 13.3 Definitions of Words, Terms and Phrases 118. Guest Unit or Guest Room shall mean: a. A room or suite of rooms leased on a unit basis in an accommodations use that contains sleeping and sanitary facilities and that may include limited kitchen facilities. b. For purposes of this definition, "limited kitchen facilities" shall mean a ' kitchen that is not contained in a separate room and that may have a sink and only the following appliances: (a) a refrigerator no larger than three and one-half (3 M) cubic feet; (b) a stove/oven no wider than twenty (20) inches; and/or (c) a microwave oven. 159. Nightly Rentals, Long-Term shall mean the leasing of a principal or accessory dwelling unit for compensation and for a term of thirty (30) days or longer. See Â§13.2.C.2 for the description of a principal nightly rental use, and Â§5.2.8 45.1.B of this Code regarding accessory nightly rental uses in the residential zoning districts. 160. Nightly Rentals, She,4=Jemn Facation Home shall mean the-Jeasing-ef-a principal d 11, .V elling unit for compensation and for a term of less than thirty (30) days. S ce Â§ 13.2.C.2 for the description of a principal nightly rental use, and Â§5.2.B of this Code regarding nightly rentals ih residential zoning districts. a residential dwelling unit that is located within a residential zoning district and is rented. leased Or occupied on a unit basis as an accommodation. See Â§13.2.C.2 for the description of a principal nightly rental use, and 65.1.B for specific use standards for short-term nightly rentals. 6 1 1 -~ Amendments to the Estes Valley ~~~ Development Code, Block Seven: Town Board Review ** Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com DATE: March 22,2005 = ~ A 1,0.4 TITLE: Amendments to the Estes Valley -- 1 -83 Uq-----,0,) ( t \ss f Development Code, Block Seven 7 -1 *--1-/ ; - B.- 1 14-1 ,#1-IN le REOUEST: To make a number of changes and e:,4.-/11,515.5/1*.7.0.- R]CkÂ¥ -49 -1///,M~- ' 1141 --'-1 corrections to the adopted Estes Valley Ah.r,Win ..4-Y -ird/ L-~ USFS 1~tiorel Development Code, . - r 6 LOCATION: Estes Valley, inclusive of the Town 22 l-SFS h of Estes Park. FM\IP avibly 1 APPLICANT: Estes Valley Planning Commission STAFF CONTACT: Bob Joseph APPLICABLE LAND USE CODE: Estes Valley Development Code PROJECT DESCRIPTION/BACKGROUND: The Town of Estes Park and Larimer County adopted the Estes Valley Development Code in 1999, and it came "on-line" in February 2000. Since that time, Staff has worked with the Code daily, and has presented several code amendments. This is the latest set of proposed Code amendments. These range from technical corrections to re-organizations to those with more substantial land use implications. ORGANIZATION: 1. Text to be replaced is delineated with strikethrough (The quick brown fox jumped over the fenee). 2. New text is delineated with underline (The quick brown fox jumped over the fence). 3. "Relocated" text is delineated with double-strikethrough (The quick brown fox jumped over *he=fenee). \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 1 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM , ITEM 1:- CHANGES TO THE "A" ACCOMMODATIONS DISTRICT Section 4.4 Nonresidential Zoning Districts A. List of Districts/Specific Purposes. 1. Accommodations Zoning Districts. a. A Accommodations/Highway Corridor Zoning District. This district implements the "A-Accommodations" land use category set forth in the Comprehensive Plan. It applies primarily in highway-oriented commercial areas of the Estes Valley, and allows a wide variety of accommodation uses, including relatively higher-intensity accommodations such as multi-story hotels and motels. A variety of related tourist-serving retail and commercial uses, such as restaurants, bars and gift shops, will be permitted, but only as accessory uses to a principal accommodations use and only if such supporting uses arc located inside the same structure as the principal use. Stand-alone commercial or retail uses will not be permitted in this accommodations district; instead, such uses may be developed in the other commercial zones. Section 4.4 Nonresidential Zoning Districts B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Nonresidential Zoning Districts "P" = Permitted by Right "S" = Permitted by Special Review Additional "-" = Prohibited Regulations (Apply in Use Specific A A-1 CDCOOC I-1 All Districts Unless Classification use H Otherwise Stated) RESIDENTIAL USE CLASSIFICATIONSÂ·M'Â©; 919 ' 1 7 -9 -'1 1 lE _ \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 2 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM â€¢In CD, such use shall not be located on the ground floor of a building having Single- Household frontage on Elkhorn family Pp p-p-- Living Avenue dwelling â€¢In 0, such use shall not be located on the ground floor of a building In CD, such use shall not be located on the Two- ground floor of a family Ppp---- building having dwelling frontage on Elkhorn Avenue â€¢In A-1, no more than 4 dwelling units per Household multi-family structure Living (cont'd) Multi- â€¢In CD, such use shall family P P P - - - - not be located on the dwelling ground floor of a building having frontage on Elkhorn Avenue Mobile - - - S - - - Â§5.1.K home park B.' I . 1 . 4 1 :-:. 3.'41042*VaL,: 1-11 :/Ir. - 1+ 1 >t.... 12'..h .4.,1~.....,?#.E.qt.... ~...,Â·192.j!'. ~ f i ......2. . ...,j.~.~.f~~,.If .flift>339*fr,k' ~,~&~J,~:~r.tf...f...f. 3:. f . 4~" ...f:.1 Â· Co NMERCIALn#TAtL.USES ~i~~it-:~-~ ~Â· ~flÂ·f/44Â£Â·. Â·.i:.t::,~.1~Â·*i-tj*tÂ°j~ Â·Â·i .. :i i:?4:Â·~ ~ Â· Â·~: :, ~Â»0 In the A district. Artist Studio PpppPPP accessory to a principal accommodations use UnlyÂ· Â§5.1.G In the A Eating/Drinkin district. accessory to a g Bar/tavern P-PP-PP principal Establishments accommodations use 2111. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 3 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM . Â§5.1.G In the A district, accessory to a Restaurant P - PPPPP principal accommodations use on]. With Â§5.1.Gand Â§5.1.M-kl outdoor the A district, seating or P - PpppP accessorY to a principal food accommodations use service 9!111 With drive- through ---P-Pp Â§5.1.G service In CD, no drive- through service shall All other - - P P have access from Elkhorn Avenue In the A district: â€¢Permitted as accessory to an accommodations Personal P - PpppP use only; and Services -Use shall be located within the same structure as a permitted accommodations use. Car wash - - - P - P P Â§5.1.Q Quick Vehicle lubrication ---P - P P Â§5.1.Q Services, services Limited Service - - - P - P P Â§5.1.Q;Â§5.1.L station In A, oniy as part of a Vehicle/ hotel or motel use_111 Equipment Automobil the A district, P--P-P- Sales & e rentals accessory to a principal Services accommodations use 21111 \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 4 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM I In CD, such use shall Commercia not be permitted to l parking - - P P p - - locate on Elkhorn facility Avenue Limited equipment --- P-PP Â§5.1.R rentals Vehicle/ equipment - - -P-PP Â§5.1.L repair Vehicle/ equipment - - - S - S S Â§5.1.R; Â§5.1.L sales and rentals Vehicle -----PS Â§5.1.L storage Section 4.4.C Density and Dimensional Standards 5. Number of Principal Uses Permitted Per Lot or Development Parcel. a. Maximum Number of Principal Uses Permitted. One (1) or more principal uses shall be permitted per lot or development parcel, except that in the A zoning district, only onc (1) principal residential use shall bc permitted per lot or development parcel. b. Permitted Mix of Uses. Where more than one (1) principal use is permitted per lot or development parcel, mixed-use development is encouraged, subject to the following standards: (1) More than one (1) principal commercial/retail or industrial nonresidential use permitted by right or by special review in the zoning district may be developed or established together on a single 1Ot er-site, or within a single structure, provided that all applicable requirements set forth in this Section and Code and all other applicable ordinances are met. (2) Any combination of residential and nonresidential uses that are permitted by right or by special review in the zoning district may be developed or established together on a single lot or-site or within a single structure, provided that all applicable requirements set forth in this Section and Code, and all other applicable ordinances, are met. For example, a two- story structure on a single lot in the CD Downtown Commercial zoning district may have a restaurant or retail store on the ground floor, and residential apartments or condominiums on the second floor. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 5 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM , Section 5.2.C. Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts. Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District "Yes" = Permitted"No" = Not Permitted Additional Accessory Use A A-1 CD CO O CH Id Conditions Swimming pools Yes Yes Yes No No No No Must be located on the and tennis courts same parcel ef-a permitted principal hotel or motel use. as a principal accommodations use. Section 13.2.C Use Classification/Specific Use Definitions and Examples. 1. Accommodations, High-Intensity. a. General Definition: Visitor-serving facilities that provide temporary lodging in guest rooms or guest units for compensationy with on site management and with an average length of stay of less than thirty (30) days. High-intensity accommodations generally serve a larger number of guests than low-intensity accommodations. See definition of the term "guest room or unit" in Â§13.3 below. b. Examples: This classification includes the following types of specific uses: (1) Hostel: An establishment operated, managed or maintained under sponsorship of a nonprofit organization that holds a valid exemption from federal income taxes under the Internal Revenue Code of 1954, as amended, or which is licensed by and operated under the rules of Hosteling International-American Youth Hostels, or a comparable hosteling umbrella organization approved by the appropriate governing entity. (2) Hotel/Moter. An establishment that provides temporary lodging to the general public in guest rooms and typically providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities. (31 Recreational Vehicle (RV) Park/Campground: A tract of land undep-single ownership-upon which two (2) or more recreational vehicle and/or campsites are located, established or maintained for public occupancy in recreational vehicles or camping units as temporary living quarters for travel, recreation or \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 6 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM vacation purposes. (Note: This revision has not been reviewed by Planning Commission). (4) Resort Lodge/Cabins: A tract of land under single ownership and 6-,ur,u,wurnwr-rt-with guest rooms or guest units available for temporary rental. The guest rooms may be contained in a main "lodge" building and/or contained in detached or multi-unit r-#FeestaRâ‚¬ling fjeabilÂ¢ structures (the detached latter frcestanding structures shall not include recreational vehicles ' or mobile homes). Guest rooms/units in a resort lodge/cabin use may contain full kitchen facilities in lieu of "limited kitchen facilities" if such guest rooms comply with all conditions set forth in Â§5.1.P of this Code. (Note: This revision has not been reviewed by Planning Commission). ITEM 2 - LANDSCAPING Section 7.2 Grading And Site Disturbance Standards C. Restoration of Disturbed Areas 1. Follow Natural Contours. No change. 2. Revegetation Required. Areas disturbed by grading shall be contoured so they can be revegetated and shall be revegetated within one (1) growing season after construction, using native species similar to those growing on the site when such revegetation does not contribute to hazards. Revegetation shall be sufficient to provide erosion control and to prevent the invasion of weeds. (See also Â§7.3 and Â§7.5 regarding tree/vegetation preservation and landscaping requirements.) Plans for revegetation of cut-and-fill and graded slopes shall be included as part of the landscaping plan submitted as part of the project development plan approval process. Section 7.5 Landscaping And Buffers A. Purpose and Intent. The intent of this Section is to establish standards to protect and enhance the Estes Valley's appearance by the installation of appropriate landscaping and buffering materials; to encourage the preservation of native plant communities and ecosystems; to maintain and increase the value of land by providing for restoration of disturbed areas and by incorporating adequate landscaping into development; to restrict the spread of invasive plant species that disrupt and destroy native ecosystems; to encourage skilled installation and continued maintenance of all plant materials; and to establish procedures and standards for the administration and enforcement of this Section. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 7 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM ioklikÂ¥/Nidly.VA . B. Applicability. These landscape and buffer standards shall apply te-4he-fellewing develepment to residential subdivisions created after the adoption of this Code, and to all development where development plan review is required bv Section 3.8 of this Code. 1. Single-family and multi-family residential projects containing three (3) or more â‚¬twelling-unita- 2. Mobile home parks, campgrounds, resort cabins and guest ranches. 3. All new nonresidential development and uses, changes of use (except to single- family residential) and additions onto nonresidontial buildings whcrc development plan review is required by Â§3.8 of this Coda C. Approval of Landscaping and Buffering Plan. 1. No development plan required under this Code shall receive final approval unless a landscaping and buffering plan meeting the requirements of this Section has been submitted and approved. Landscaping plans mav include provision for phasing. Refer to Appendix B for landscaping plan submittal requirements. 2. Alternatives to the specifications concerning minimum- plant sizes and quantities set forth in this Section may be authorized by the decision-making bodv EVPC under development plan review, provided that the Applicant submits a detailed landscaping plan and that the decision-making bodv EVPC in approving this plan determines that the proposed landscaping is equivalent to or exceeds that speeifieâ‚¬|-if satisfies the purpose and intent of this Section. pFevkling-visual appeal, screening, shading and restoration of disturbed areas. 3. No certificate of occupancy shall be issued unless the following criteria are fully satisfied with regard to the approved landscaping and buffering plan: 1. Such plan has been fully implemented on the site and inspected by Staff; or 2. Such plan, because of seasonal conditions or phasing, cannot or will not be implemented immediately, but has been guaranteed by an improvement agreement (or included in an approved development agreement) in a form agreeable to the Town or County and securedby a letter of credit, cash escrow or other instrument acceptable to the Town or County, in an amount equal to one hundred fifteen percent (115%) of the cost of materials and labor for all elements of the landscape plan. 3. A landscaping as-built plan, including sizes and quantities, details regarding revegetation, and irrigation, shall be submitted to Staff prior to inspection. D. General Landscaping Design Standards. The following minimum standards shall apply to all landscaped areas developed under the requirements of this Section. See \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 8 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM Subsections E through I below for additional specific landscaping requirements for multi-family, accommodation and nonresidential developments. 1. Aesthetic Enhancement Requirements. Landscaping shall be utilized in the design to enhance the aesthetic quality of the property by adding color, texture and visual interest while obscuring views of parking and unsightly areas and uses. In locations where new development alters visually attractive and distinctive natural landscapes, the selection and arrangement of new plantings shall be designed to complement and enhance the natural landscape character of the site. All areas not covered by parking, drives, streets or structures shall bc improved with landscape clcments in accordance with this Section. 2. Plant Materials. a. Use of Native or Adaptive Plant Materials. Refer to Appendix C for lists of plant materials considered native or appropriate. In order to further water conservation and to assure adequate growth and survival of new plantings, all landscape plans shall be comprised entirely of native or adapted plants that reflect the surrounding plant materials and environment. Plant-matena16 considered native or appropriate for use in Estes Valley landscapes aro listed in--AppeRâ‚¬Ii*-Cr All proposed plant materials shall be chosen from these lists unless Staff approves an equivalent alternative. b. Existing Plant Materials. Healthy, existing trees, grasses, and shrubs shall be incorporated into the landscape to the maximum extent feasible. These existing plants shall be shown on the landscape plan and labeled as "existing." Similarly, existina and retained trees shall be listed on the plan's plant list with their current size shown. (1) Landscaping Credit. Existing trees and shrubs shall be credited against landscaping requirements provided thev meet applicable standards such as size and location requirements. Healthy, existing trees and shrubs shall bo incorporatod into tho landccapo to tho maximum oxtont foasiblo. Thoso oxisting plants shall be shown on the landscape plan and labeled as "existing." Similarly, existing and rotainod troes shall bo listed on tho plan's plant list with their current size shown. If located within twenty -fivo (25) foot of a property lino at the street, no existing troo of four (4) inches DBH or greater, or dense stand of trees or shrubs of four (4) or more foot in both dopth and hoight chall bo romovod, unlocc dictatod by plant hoalth, accocc, safety or idontification of tho promicoc, all ac dotorminod by Staff. See Â§7.3, "Troo and Vogetation Preservation," above, for additional roquiromontc rogarding procor:ation of oxicting and significant trooc and raA*=ma;e,iak (2) Preservation of Existing Trees. \t located within twenty-five (25) feet of a property line at the street, no existing tree of four (4) inches DBH or greater, or dense stand of trees or shrubs of four (4) or more feet in both depth and height shall be removed, unless dictated bv plant health, \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVE)C Block 7- Town Board Review (revised on March g 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM , access, safety or identification of the premises, all as determined bv Staff. See Â§7.3, "Tree and Vegetation Preservation," above, for additional requirements regarding preservation of existing and significant trees and plant material. - (3) Root zones. Design of the landscape shall take retained, existing trees into consideration with an adequate area provided around each tree that is free of impervious material to allow for infiltration of water and air. This ' pervious area shall be equal to one and one-half (1.5) times the drip line of the tree. The root zones of existing trees and shrubs to be preserved shall be protected from unnecessary disturbance due to cut or fill grade changes. The location of underground utility lines shall be carefully planned to avoid unnecessary disturbance of root zones that would threaten the survival of existing trees and shrubs to be preserved. (See also Appendix D for protection of trees/vegetation during construction activities.) c. Species Mix.Â· Species variation is required for all landscape plans because species uniformity can result in disease susceptibility and eventual demise of a large portion of a landscape at one (1) time. Tfees are more aptto succumb to disease and take longer to replace; therefore, tree species variation is required for all landscape plans. Landscape plans shall exhibit species variation, which shall increase based on the number of trees proposed in the landscapin0 plan. d. Plant Sizes. At the time of installation, plants shall be no smaller than the following: (1) Deciduous trees: (a) Fifty percent (50%) of amount on site: four-inch caliper. (b) Fifty percent (50%) of amount on site: two-inch caliper. (2) Evergreen trees: (a) Fifty percent (50%) of amount on site: eight (8) feet tall. (b) Fifty percent (50%) of amount on site: six (6) feet tall. (3) All shrubs: five-gallon. (4) It may be necessary for plant size to exceed these minimums in order to meet special buffering or screening needs. Individual species' growth rates and patterns shall be considered when choosing the installation size of plants. Additional trcc plantings beyond what is required by this Section arc exempt from tho minimum size requirements but shall bc shown on the landscape plan. e. Plant Qualitv. All plant material shall meet the American Association of Nurserymen, specifications for Number 1 grade, and shall comply with the \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 10 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM , quality standards of the Colorado Nursery Act, Title 35, Article 26, C.R.S., as amended. f. Plant Quantity. See Subsections E through I below for the quantity of landscaping required for each specific use category subject to this Section's requirements. g. Plant Arrangement. < (1) The selection and arrangement of now plantings shall bo carcfOlly planned to create visual appeal, to provide offoctivo scrooning, to dofino sito circulation and to onhance the use of tho site. (2) Trocs shall bo planted to allow for normal growth in height and shape without tho nood for oxcoccivo pruning. (3) Trees with a mature height of more than twenty-five (25) foot shall not be planted under utility lines. (4) Plants that will exceed six (6) inches in height shall not be planted within throo (3) foot of a firo hydrant. 3. Location and Arrangement of Required Landscaping. a. The selection and arrangement of new plantings shall be carefully planned to create visual appeal, to provide effective screening, to define site circulation, and to enhance the use of the site. b. All required landscaping elements shall be located on the propertv thev serve. Landscaping located on adiacent properties or street right-of-wav shall not count toward the landscaping requirements of this Section. c. All required landscaping shall be located outside of anv adiacent right-of-wav unless a waiver is received from Estes Park or Larimer Countv Public Works. d. Trees shall be planted to allow for normal growth in height and shape without the need for excessive pruning. Refer to Appendix C for spread characteristics. e. Trees shall be planted no closer than seven (7) feet from anv structure and shall be installed with at least fifty-five (55) square feet of nonpaved area around the trunk. f. No trees shall be planted within five (5) feet on either side of water or sewer main lines. All plantings shall be set back from overhead power lines or be of a tvpe whose structure will not grow high enough to interfere with the power lines. g. Trees with a mature height of more than twentv-five (25) feet shall not be planted under utility lines. Refer to Appendix C for height characteristics. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 11 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM f . h. Plants that will exceed six (6) inches in height shall not be planted within three (3) feet of a fire hvdrant. Refer to Appendix C for height characteristics. i. No trees shall be located within twenty-five (25) feet of street intersections or ten (10) feet from fire hvdrants and utility poles. 4. Restoration and Revegetation of Disturbed Areas. A\\ portions of the site where 4 existing vegetative cover is damaged or removed, that are not otherwise covered with new improvements, shall be successfully revegetated with a substantial mixed stand of native or adapted grasses and ground covers. The density of the reestablished grass vegetation after one (1) growing season shall be adequate to prevent soil erosion and invasion of weeds. See Â§7.2 C, "Restoration of Disturbed Areas." 5. /rrigation. All newly installed landscapes shall include a properly functioning automated sprinkler system with individual drip lines for nonturf areas. Other forms of irrigation may be approved on a case-by-case basis by Staff. A functional irrigation system is required for final approval of installed landscaping and release of associated collateral or assurances. 5. Location of Required Landscaping. a. All required landscaping shall be located outside of any adjacent right-of-way unless a waivor is received from Estes Park or Larimer County Public Works. b. .:ll roquirod landscaping olomontc chall bo locatod on tho proporty they cor.'0. Landscaping located-on adjacent properties or street right of-way shall not count toward the landscaping requiroments of this Section. 6. Requirements Not Cumulative. The various requirements set forth in the following sections shall not be cumulative. For example, impervious coverage requirements mav be used to satisfy other landscaping requirements such as district buffer and street frontage requirements provided individual requirements not fall below their minimums. Where Larimer County Engineering Department or the Town of Estes Park Public Works Department require living snow fences, those requirements shall be counted toward the requirements of this Section. E. Landscaping Requirements For Multi-family and Nonresidential Uses. 1. All multi-family 'and nonresidential land uses, except in the "CD" district, shall ~ install at least one (1) tree and three (3) shrubs for every one thousand (1,000) square feet of lot area covered by impervious surfaces, excluding parking lotsJ but including drives, sidewalks, and other hard surfaces. This landscaping shall bc in addition to any parking lot landscaping or street landscaping required by #lis-Ghaptef. Trees shall bo no closer than seven (7) feet from any structure and \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 12 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM shall be installed with at least fifty five (55) square feet of nonpavcd area around 44@=4#WAI~ 2. Planting beds may contain a combination of living plant materials and mulch. Living materials shall comprise no less than fifty percent (50%) of the required planting beds. 3. Plant materials shall be located to enhance views from public streets and sidewalks. 1. Any existing troos and shrubs protected within tho limits of disturbance shall bc credited against this landscaping requirement. (Soc Â§7.2.D above.) F. Buffering and Screening. 1. Purpose. Buffering is intended to help mitigate the physical, visual and environmental impacts created by development on adjacent properties. Buffering and screening creates a visual buffer between incompatible or differing land uses. 2. Applicability. Buffering is required in the following circumstances: a. District Boundaries. (1) A landscaped buffer shall be planted on the boundary between the zoning districts set forth below, unless the abutting property is determined by Staff to be unbuildable or visually separated by topographic features. District buffers shall not be required for areas where street frontage buffer requirements are met. (2) The buffer shall be planted within twenty (20) feet of the district boundary. (3) A minimum buffer consisting of eight (8) evergreen trees and eleven (11) shrubs per one hundred (100) linear feet of district boundary shall be installed between the following zoning districts: (a) An industrial district and any other zoning district; (b) A commercial or accommodations district and any residential district; (c) A multi-family residential district and any other residential district; or (d) A commercial district and any accommodations district. b. Street Frontaae Buffers. (1) Purpose: Landscaping in areas located adjacent to streets is intended to create tree-lined streets, provide shade, imbrove air quality, sereen pafkiag-afeas and enhance property values through improved views for the traveling public. Parking lot perimeter landscaping may be used to mcct thosc requirements. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 13 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM p t (2) Exemption: The following shall be exempt from these street frontage buffer requirements: (a) Single-family developments and subdivisions, except in the RM zoning district. (b) All development in the CD zoning district. (c) Development in the CH and I-1 zoning districti shall be exempt from < the nonarterial buffer requirements only. (3) Property Abutting Arterial Streets. All development on property abutting an arterial street shall provide a landscaped buffer with a minimum width of twenty-five (25) feet along the entire arterial street frontage. See Figure 7- 8. (4) Property Abutting Nonarterial Streets. All development on property abutting a nonarterial street shall provide a landscaped buffer with a minimum width of of not loss than fifteen (15) feet wide along the entire street frontage. See Figure 7-8. (5) Planting Requirements (See Figure 7-8). (a) Arterial Street Frontage: (i) One (1) tree shall be planted for each twenty-five (25) lineal feet of street frontage and one (1) shrub for each ten CIO) lineal feet of street frontage positioned to adequately buffer developed frontage as viewed from adiacent street or right-of-wav as determined bv the Decision-Making Bodv. along the entire length of thc artcrial street fFentage. (ii) Side Lot Line Planting Area: Side lot line planting is required for premises abutting an arterial street, but not in the CD or CH districts. Required sideline planting shall be provided within five (5) feet of the side lot line between the front lot line and the building line. (b) Nonarterial Street Frontage: One (1) tree shall be planted for each forty (40) lineal feet of street frontage and one (1) shrub for each fifteen (15) lineal feet of street frontage positioned to adequately buffer developed frontaae as viewed from adiacent street or right-of-wav as determined bv the Decision-Making Body. along the entire length of thc nonartorial 6#eet#entage. (c) Whcrc parking lot perimeter landscaping is required along street frontago and side lines, those plantings may be credited towards tho street and side lot line landscaping roquircments of this subsection. (d) Trees shall be located at least twenty-five (25) feet from street intorsections and ton CIO) feet from fire hydrants and utility Poles. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 14 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM (6) No Development in Street Frontage Buffer Area. Within the street frontage buffer, there shall be no development, parking or drives, except for access to the portion of the site not in the buffer, which is approximately perpendicular to the right-of-way, underground utility installation, pedestrian and bicycle paths, allowable signs and necessary lighting. c. Service Areas. All multifamily and nonresidential service areas, such as dumpsters, other trash receptacles and ground-mounted mechanical equipment, shall be screened from public view on three (3) sides by a solid wall or fence at least six (6) feet in height and on the fourth side by a solid gate at least five (5) feet high. The screening structure and gate shall be architecturally compatible with the principal building(s) on the site. d. Loading Areas. All commercial and industrial loading areas and docks shall be screened from view from public rights-of-way and residential zone districts. e. Berms. Berms mav be utilized as part of street frontaae landscaping, but shall van, in height over the length of the berm. (1) SHRUe FOR EVERY 10 LINEAL ~-- FEET OF STREETFRONTAGE 100 ONEAL FEET J||r 25 LINEAL FEET OF STREET FRONTAGE . /7\ .....n ti . legp--7Â».2\.tÂ·. 1~\-r----L.-â€¢L >d ~-- LANDSCAPE BUFFER ARTERIAL STREET 00 UNEAL FEET 6 ,~L- (1} SHRJB FOR EVERY 15 LIFEAL (,)TREEFMEVERY -~ ~- 40LINEAL FEET OF ~/- ~ FEET OF ETREET FRCIERGE STREETFRONIAGE M PLANTS SHOUO SE GROUPED. NOT EVERYSPACED :=APE NON-ARTERIAL STREET 7.8 F.2.9 BUFFERING REQUIREMENTS Figure 7-8 3. Responsibility for Buffering. Buffering shall be the responsibility of new development. Existing land uses may be required to provide buffering if the use is changed, expanded, enlarged or in any other way increases the impacts on adjacent properties or rights-of-way over what is present at the time this regulation is adopted. It shall be the responsibility of the expanded or changed \\Servera\comm_dev\EVE)C & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 15 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM 25' MIN. land use to evidence what the uses and impacts were at the time of adoption of this regulation. 4. Method of Calculation. Graphic 7.1 shall serve as a guide for measuring disteinces for calculation of buffer requirements. (different zone district) A . t C B - 1 B â€¢ A= District Buffer B= Street Buffer (Street) C= Parking lot screening \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 16 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM 1 El=1 1 1 f (Street) 03uls,p @UOZ @UIES) Graphic 7.1 G. Parking Lot Landscaping. 1. Purpose. Parking lot landscaping is intended to improve the views from adjacent properties and public use areas, alter the microclimate of parking areas by providing shade and reducing reflected heat, and break up large areas of impermeable surface allowing areas for water infiltration. 2. Perimeter Landscaping. a. Applicabilitv. All parking lots containing six (6) or more spaces shall provide perimeter landscaping pursuant to the General Requirements below, except where abuttina propertv is determined bv Staff to be unbuildable or visually separated bv topographic features. e*Gept-that-ptarking lots in the GD I-1 and CH districti shall be exempt. See Figure 7-9. b. General Requirements (See Figure 7-9). (1) All parking areas shall be separated from property lines at the street by a planting area at least twenty-five (25) feet wide on arterial streets and by a planting area at least fifteen (15) feet wide on other street property lines. (2) All parking areas and access drives shall be separated from side and rear property lines by a planting area at least eight (8) feet wide. (3) All parking lots or areas shall be separated from the high water mark of all river banks by a minimum setback of fifty (50) feet, except in the CD district where the setback shall be a minimum of twelve (12) feet. The required perimeter landscaping shall be provided within this setback area through retention of existing vegetation, or through additional newtree and shrub plantings as needed to meet the required minimum quantities of perimeter plantings. See Â§7.6.E below. (4) Perimeter landscaping shall provide a semi-opaque screen during the winter season. c. Berms. Berms may be utilized as part of perimeter landscaping. Wheze-berms arc used, they shall not bc of a uniform height but shall vary in height Am twenty-four (21) to forty-eight (18) inches in height over the length of the berm. \\Sen'era\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 17 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM a. Walls/Fences. Where walls or fences are used, a minimum of one (1) evergreen tree or three (3) shrubs are required for every forty (40) linear feet of wall or fence and shall be planted on the side of the fence or wall facing the surrounding streets, walks, parks, trails or other public use properties. b. Perimeter Planting Requirements: (1) A minimum of One (1) tree per twenty (20) lineal feet and one (1) shrub per , five (5) lineal feet shall be planted along the perimeter of any parking lot area located adjacent to an arterial street. A minimum of one (1) tree per thirty (30) lineal feet and one (1) shrub per ten (10) lineal feet shall be planted along the perimeter of any parking lot area located adjacent to nonarterial streets. See Figure 7-9. (2) For parking lot areas that are adjacent to a side or rear lot line, one (1) tree per thirty (30) lineal feet and one (1) shrub per five (5) lineal feet shall be planted along the perimeter of any parking area located along the lot line. (3) Plants should be grouped, not evenly spaced. 3. Parking Lot Interiors. a. Applicability. All parking lots with thirty (30) or more parking places shall comply with these interior parking lot landscaping requirements. Interior parking lot landscaping requirements shall be in addition to all other landscaping requirements: no other landscaping requirement mav be used to fulfill interior parking lot landscaping requirements. Landscaping used to fulfill the perimeter parking lot landscaping requirements shall not be used to satisfy those interior parking lot landscaping requirements. b. Minimum Requirement: A minimum of six percent (6%) of the total interior parking lot area shall be landscaped with planted islands. A minimum of one (1) tree and two (2) shrubs must be planted in interior islands, for every two thousand five hundred (2,500) square feet of parking lot, exclusive of perimeter plantings. Sde Figure 7-9. c. Landscaped Islands: (1) Individual landscaped islands shall include a minimum of one (1) tree, an automated sprinkler and raised concrete curbs. (2) Landscaped islands shall be at least one hundred (100j square feet in size with the smallest dimension being six (6) feet to allow for adequate root aeration and expansion. See Figure 7-9. (3) Islands shall be arranged to maximize shading of parking spaces. (4) Plantings shall be arranged so as not to interfere with driver vision, vehicle circulation or pedestrian circulation. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 18 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM (5) To the maximum extent feasible, landscape islands shall be incorporated in the stormwater management plan and located to break up large areas of impermeable surface allowing areas for water infiltration. (1) SHRUB FOR EVERY 10 LINEAR FEET REAR PROPERTY LINE 1*111 Om Va'. LOT AREA SHALL BE LANDSCAPED 6% OF TOTAL INTERIOR PARKING / .K , SIGN 15Â· MIMMUM TO / /PROPERIYUNE \491 C ISLAND UNIMUM- 1 _-- Ll,Â·' e MIN. *2 1~1*Â®..1.1-* Ill 10 11** GREEN -161.- L (11 SHRUB FOR ~ FOR EVERYALNEAR FEET 1 1 â€¢ 1 EVERY 5 LINEAR FEET - SIDEWALK AS REQUIRED \ ARTER]AL STREET 3 25Â· MNIMUM TO PROPERTY UNE 7.5.G. PARKING LOT LANDSCAPING Figure 7-9 H. Fences and Walls. Fences and walls are permitted as elements of a landscape plan and, in some locations, may be used to conceal storage or other unsightly or conflicting land uses. All fences or walls shall meet the following requirements: 1. Materials. a. Fences or walls shall be constructed of wood, stone, brick, decorative concrete block, wrought iron (or products created to resemble these materials), eF a combination of any of these materials, or other materials as approved by the Decision Making Bodv. b. All fencing shall be finished on both sides, except fencing accessory to a residential use or development, which shall be finished on all sides that are visible from off-site. c. Plywood, particle board, sheet metal, concrete slabs, concrete barriers or similar materials shall not be used for fencing or walls intended to provide screening or buffering. d. Chain link fencing, with or without slats, shall not be used for screening or buffering purposes. Chain link fencinq mav be allowed for securitv purposes \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 19 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM SIOE PROPERTY LINE 133WLS 1VlhdallÂ¥-NON as approved bv the Decision Making Bodv. No slats shall be allowed with chain link fencing. e. Barbed-wire and similar fence materials may be only be used in conjunction with a permitted agricultural useor in conjunction with the permitted keeping of horses or livestock. 2. Fences/Walls Abutting Public Roads. Where opaque or solid fencing will abut a < public road, it shall be screened from the road. Breaks in the screening shall be created and changes in fence setbacks, heights or materials shall also be utilized to provide visual diversity. Where more than two (2) consecutive rear lot lines will abut a public right-of-way, it shall be the developer's responsibility to install the wall or fence that will delineate the property line in order to assure diversity of setback, screening and streetscape views. r 3. Plantings in Conjunction with Fences/Walls. Where opaque or solid fencing continues for more than forty (40) feet alona a buffer zone, the buffer requirements shall be located between the fence and the area to be buffered. Where opaque or solid fencinq continues for more than fortv (40) feet of street frontage, a minimum of one (1) evergreen tree eâ€¢ and three (3) shrubs shall be planted on the outer or public side of the fence for each forty (40) linear feet of fence. 4. Fences and Walls In Critical Wildlife Habitat. See Â§7.8.G.1.c below for standards. 1. Technical Landscaping Requirements. 1. Protection of Landscape from Vehicular Damage. Wheel stops, curbs or other elements intended to keep vehicles out of landscaped areas shall be set back from existing plant materials an adequate distance. 2. Protection from Wildlife Damage. To protect landscaping from wildlife-related damage, transparent fences (including very low-voltage electrified fencing), walls or other architectural elements shall be included around landscaped areas in all landscape and buffering plans. Materials shall be compatible with materials used for structures on the site. No chain link fencing shall be allowed to protect landscaping from wildlife damage. 3. Protection of Water, Sewer Lines and Power Lines. No trees shall be planted within fivo (5) foot on oithor cido of wator or cowor main linoc. All plantings chall bc set back from overhead power lines or bo of a typo whose structure will not grow high onough to intorforo with tho powor linoc. J. Maintenance Requirements. 1. Maintenance Required. Required landscaping shall be maintained in a healthy, growing condition at all times. The property owner is responsible for regular \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 20 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM . 5 irrigating, pruning, weeding, mowing, fertilizing, replacement of plants in poor condition and other maintenance of all plantings as needed. 2. Maintenance of Landscape Structures. Where walls, fences or other structures are an integral part of the landscape plan, such structures shall be maintained in good repair. Fences that are leaning, broken, have missing pieces, peeling paint or are in any other way damaged shall be immediately repaired or replaced. Walls with missing bricks or blocks, crumbling mortar or other aesthetic or < structural defects shall be immediately repaired. 3. Replacement. The following plant material conditions require plant removal and replacement: a. Deciduous trees and shrubs that fail to produce leaves on more than fifty percent (50%) of the plant by July 1 st of the calendar year. b. Evergreen trees and shrubs with needle loss or browning over more than fifty percent (50%) of the tree. c. Damaged plant materials that have split trunks, loss of major branch structure, loss of leader shoot or other damage that a certified nurseryman confirms will ultimately cause the premature death of the plant. d. Diseased, insect-infested or parasite-infested plants that cannot be adequately treated to prevent premature death or to prevent contamination of other plant materials. e. Removal and replacement shall occur during the same growing season in which plant material exhibits at least one (1) of the above conditions. Where seasonal or adverse weather conditions make replanting or replacement within such a time period impractical, Staff may grant an extension and may require adequate fiscal assurance, if needed, from the Applicant or owner to assure replacement. 4. Enforcement. All plantings shall be subject to periodic inspections to insure compliance with this regulation and the approved landscape plan. Failure to comply with the Maintenance Plan shall be a violation of this Code, subject to the enforcement and penalties provisions set forth in Chapter 12. ITEM 3 - DENSITY BONUS FOR ATTAINABLE HOUSING Section 11.4 Attainable Housing Density Bonus A. Purpose. Staff Comment: No changes to EVDC proposed. B. Eligibility. Staff Comment: No changes to EVDC proposed. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 21 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM G 0 C. "Attainable" Defined. Staff Comment: No changes to EVDC proposed. D. Maximum Permitted Density Bonus. Except in the R-1 District, subject to the standards and review criteria set forth in this Section and Chapter, for overy one (1) attainable housing unit provided, tho Applicant shall bo eligible for a bonus of one half (0.5) unit that may bc used only for the development of additional attainablo unite attainable housing units are eligible for a density bonus of up to one and one- < half (1.5) times (50%) of the base net density standard set forth in Table 4-2, Â§4.3.C. In no case shall the development density cxcced fifty percent (50%) of the maximum density permitted in tho underlying base zoning district. For example, on a "RM" Multi-Family Residential zoned lot with a net land area of one (1) acre, the underlying base zoning district densitv is eight (8) units per acre. A maximum density of twelve dwelling units per acre mav be achieved if at least four of the dwelling units are attainable. E. Development and Design Standards. Staff Comment: No changes to EVDC Proposed ITEM 4 - ADEQUATE PUBLIC FACILITIES: ELECTRICITY Section 7.12 Adequate Public Facilities B. Applicability. Adequate public facilities requirements apply to all new development and subdivisions subject to this Code, except that development on lots of record that were approved for single-family residential use prior to the effective date of this Code shall be exempt from the fire protection, and transportation adequate facilities requirements of this Section. C. General Requirements 1. Approval Conditioned Upon Adequate Public Facilities. The approval of all development shall be conditioned upon the provision of adequate public facilities and services necessary to serve the new development. No building permit shall be issued unless such public facilities and services are in place or the commitments described in this Section have been made. 2. Level of Service Standards a. This Section establishes level of service standards for the following public facilities: sewage disposal, water, drainage, transportation anâ‚¬Ii fire protection, and electricity. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 22 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM . b. No development plan or building permit shall be approved or issued in a manner that will result in a reduction in the levels of service below the adopted level of service standard for the affected facility. Section 7.12.I Electricity 1. Level of Service. AU development shall provide adequate and functional electric service to each lot pursuant to this subsection. 2. Criteria for New Development. The development shall be served bv the Town of Estes Park and shall meet current standards established bv the Town. 3. Minimum Approval Requirements. Adequate electric services to support the proposed development shall be available concurrentlv with the impacts of such development. In this regard, the Decision-Making Bodv shall require that, prior to issuance of the first building permit, all necessarv electric services are in place and available to serve the new development or subdivision in accordance with the approved utilitv Plan for the development, i.e. all electric service shall be installed up to and including mains and distribution boxes such as transformers and secondarv pedestals. Section 10.5.E. Utility Standards 1. Water Mains and Fire Hydrants. The subdivider shall install water mains, service lines, fire hydrants and appurtenances in accordance with the current water design and construction standards of the Town. All service lines shall be installed to the property line prior to the paving of the street. 2. Electric and Street Lighting Systems. The subdivider shall install such electric service and distribution system and such street lighting system as shall be determined by the Town. All subdivisions shall complv with the adequate public facilities standards set forth in Â§7.12.I of this Code. ITEM 5 - GEOLOGIC AND WILDFIRE HAZARDS Section 7.7 Geologic And Wildfire Hazard Areas A. Applicability. All new subdivisions and development, including residential development on lots of record approved prior to the effective date of this Code, shall comply with the procedures and standards set forth in this Section. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 23 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM B. Interpretation. The provisions of this Section shall be interpreted to apply in conjunction with all other applicable local, county and state land use requirements. Whenever a provision of any other land use regulation conflicts with the.intent of this Section, the provisions of this Section- shall apply. C. Description of Regulated Hazard Areas. Hazard areas regulated by this Section shall include all areas that are or that may become hazardous due to environmental conditions. The hazards include, but are not limited to, the following: wildfire, 4 avalanche, landslide, rock fall, mud flow and debris fan, unstable or potentially unstable slopes, seismic effects, radioactivity, ground subsidence and expansive soil and rock. â€¢ Everything below this point is a change from existing regulations. D. Professional Qualifications. All maps and reports required by this section must be prepared by or under the responsible direction of a duly qualified professional. 1. Wildfire hazard analysis required by this Section must be prepared by or under the direct supervision of a professional forester with at least two years experience with wildfire hazards in the Rocky Mountain region. 2. Geologic hazard analyses required by this Section must be prepared by or under the direct supervision of a Professional Geologist with experience in engineering geology or geotechnical engineering. 3. Engineering work required by this Section must be prepared byÂ· or under *the direct supervision of a licensed professional engineer who is experienced in the engineering specialty (e.g. soils, slope stability) required to meet the objectives of this Section. E. Wildfire Hazards 1. Wildfire Hazard Areas. a. Mapped Wildfire Hazards. Wildfire hazard areas shall include all those areas shown as "high-tree" fire hazard areas on the Wildfire Hazards Resource Map in Appendix A. b. Unmapped Wildfire Hazards. Wildfire hazard areas shall also include areas located outside of the mapped wildfire hazard areas that are identified by the Colorado State Forest Service or the Larimer County Wildfire Safety Specialist or designee as hazardous areas. c. In the event an Applicant questions the existence of a wildfire hazard within the proposed development or subdivision, the Applicant may submit evidence with respect thereto from a professional forester. This evidence may be considered by the Decision-Making Body, together with all other applicable \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 24 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM . evidence, in determining whether or not said development or subdivision is within a wildfire hazard area. 2. Wildfire Hazard Mitigation Plans b. Mitigation Plan Required. When new development or subdivision is proposed within a wildfire hazard area the Applicant shall be required to submit a mitigation plan prepared by a professional forester addressing how the < development or subdivision will either avoid or mitigate the hazard, as more fully set forth below. Wildfire Mitigation Plan Requirements. Mitigation plans shall be prepared according to the "Colorado Landowner Forest Stewardship Plan Guidelines." 3. Review Criteria. a. In reviewing new development or subdivisions subject to this Section, the Decision-Making Body may deny development within a hazard area or may approve it on the condition that the development is designed and built in such a manner to adequately mitigate the hazard. b. In reviewing new development and subdivisions the Decision Making Body shall take into consideration the following: (1) The Applicant's mitigation plan; (2) Vegetative, topographic, access and other technical information presented by the Applicant or other interested party, including the Town, County or other public agency; (3) Recommendations of a reviewing state agency having expertise with respect to the hazard in question and recommendations of others with similar expertise; and (4) Site specific vegetation and topographical characteristics. c. Mitigation methods required by the Decision-Making Body may include, but are not limited to: (1) Compliance with "Guidelines and Criteria for Wildfire Hazard Areas," written by the Colorado State Forest Service, September 1974; "Wildfire Mitigation Plan Standards and Guidelines (Appendix D)," written by the Colorado State Forest Service, April 1997; (2) Specific requirements for construction, location and density of structures and/or lots; (3) Provision of defensible space in compliance with current Colorado State Forest Service guidelines shall be required on all new construction in wildfire hazard areas. For additions to or changes in the type of the \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 25 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM occupancy or use in existing structures, a defensible space shall be provided around the entire structure; and (4) Specific requirements for alteration to the vegetative features of the land; F. Geologic Hazards. 1. Geologic Hazard Areas. a. Mapped Geologic Hazards. Geologic hazard areas shall include all areas shown on the Geologic Hazard Areas Resource map and all areas classified as 4,5,6 or 7 on the Official Geologic Hazard Maps, which have been reviewed by the Colorado Geological Survey and are incorporated by reference in this Code. The Official Geologic Hazard Maps shall be available for public review at the Town of Estes Park Community Development Department. b. Unmapped Geologic Hazards. Hazard areas shall further include any areas which have not been so classified, but where a hazard has been identified and confirmed by the Colorado Geological Survey. The Planning Director or his designee shall have the authority to identify geologic hazard areas during field inspections. Such field identifications shall be based on identification procedures set forth in "Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas," written by the Colorado Geological Survey, 1974 c. In the event an Applicant questions the existence of a hazard area within the area proposed for development or subdivision, the Applicant may submit evidence with respect thereto from a professional geologist having requisite technical expertise. Such evidence may be considered by the Decision- Making Body, together will all other available evidence, in determining whether or not said development or subdivision is within a hazard area. 5. Geologic Hazard Mitigation Plans. a. Mitigation Plan Required. When new development or subdivision is proposed within a geologic hazard area the Applicant shall be required to submit a mitigation plan prepared by a professional geologist addressing how the development or subdivision will either avoid or mitigate the hazard, as more fully set forth below. Licensed professional engineers who are experienced in the engineering specialty (e.g. soils, slope stability) may submit mitigation plans for steep slope and alluvial soils hazards. Lots approved for single- family residential development prior to the adoption of the Estes Valley Development Code do not need to submit a mitigation plan for rockfall hazards. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 26 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM b. Colorado Geologic Survey Review. Except for single-family residential development on lots of record, new development and subdivisions within a geologic hazard area shall be referred to the Colorado Geological Survey for review and comment. At the time of application submittal, the Applicant shall submit the required fees for the Colorado Geological Survey review. Applicants seeking approval of single-family development on lots of record within an identified Geologic Hazard Area shall be exempt from Colorado Geological Survey review, but shall be required to subject to all other requirements in this Section. - c. Geologic Mitigation Plan Requirements. Mitigation plans shall be prepared according to "Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource Areas," written by the Colorado Geological Survey, 1974 and include, at a minimum, the following: (1) An evaluation and predication of the impact of the hazard or hazards affective the proposed development or subdivision and recommended mitigation methods; (2) Maps describing the extent and severity of the hazard at the particular site, and including a true north arrow, scale, ties to quarter section corners, and accurate dimensions for all lines, angles and curves used to describe property boundaries scale; (3) Topography; (4) A location map showing the general location of the development or subdivision and its relationship to surrounding topographic features; (5) A map showing the location, type, and density of the proposed development or subdivision; (6) In the case of an alluvial soils hazard, an on-site subsurface soils investigation and report; (7) In the case of rockfall geologic hazards, the mitigation plan shall: (a) Specifically address each possible method of mitigation, including (1) building outside of the runout zone, (2) stabilization of rocks, (3) slowing or diverting moving rocks, and (4) physical barriers. (b) Include maps of the fallout zone, including the rockfall source area, the acceleration zone, and the runout zone. Computer modeling is the preferred method of determining hazard zones. (c) Include maps portraying the geologic conditions of a development area with particular attention given to the designated hazard condition or conditions and those geologic, hydrologic, soil and topographic features constituting the hazard. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 27 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM . (d) If needed, geologic cross sections can be utilized to portray the hazard conditions. These maps must show the topography with a contour interval of ten feet or smaller if necessary. These maps must be on a scale sufficiently detailed to meet the purposes of this section, but in no case can the scale be less than one inch equals 200 feet. 6. Review Criteria. f. In reviewing a development subject to this Section, the Decision-Making Body may deny development within a hazard area or may approve it on the condition that the development is designed and built in such a manner as to adequately mitigate the hazard. g. In reviewing new development and subdivisions the Decision Making Body shall take into consideration the following: (1) The Applicant's mitigation plan; (2) Geologic, topography, and other technical information presented by the Applicant or other interested party, including the Town, County or other public agency; (3) Recommendations of a reviewing state agency having expertise with respect to the hazard in question and recommendations of others with similar expertise; and (4) The relationship between the development and the hazard area and the potential impact of the development within the area on lands outside the development. h. Mitigation methods required by the Decision-Making Body may include, but are not limited to: (1) Compliance with "Guidelines and Criteria for Identification and Land Use Controls of Geologic Hazard and Mineral Resource. Areas," written by the Colorado Geological Survey, 1974; (2) To the maximum extent feasible, in rockfall hazard areas avoidance of the runout zone shall be the method of mitigation. (3) Location of building envelopes outside areas identified as Class 11 geologic hazard areas; (4) Specific requirements for construction, location, density of structures and/or lots; (5) Specific requirements for construction of roads upon the land; (6) Specific requirements for alteration to the physical characteristics of the land; \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 28 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM ITEM 6 - FRONT SETBACKS ON CORNER LOTS AND DOUBLE- FRONTAGE LOTS Section 1.9.D.1 Building and Structure Setbacks from Lot Lines. c. Front Setbacks on Corner Lots and Double-Frontage Lots: For corner lots and double- frontage lots, all sides of the lot with street frontage shall be required to : establish the applicable front yard setback. See Figure 1-2. ITEM 7 - FEATURES ALLOWED IN SETBACKS (PAGE 1-6) Section 1.9.D Setbacks-Building and Structure Setbacks. b. Features Allowed Within Building Setbacks: (9) Signs that complv with applicable sign regulations. (10) Postal boxes. (11) Parking lots that complv with landscaping standards set forth in Section 7.5.G "Parking Lot Landscaping." ITEM 8 - STREET LOT-LINE SETBACKS AND SETBACKS FOR DOUBLE-FRONTAGE LOTS Section 1.9.D.1 Building and Structure Setbacks from Lot Lines: c. Front Setbacks on Corner Lots and Double-Frontaae Lots: For corner lots and double-frontacle lots, all sides of the lot with street frontage shall be required to establish the applicable front yard setback. See Figure 1-2. Section 13.3 Definition of Words, Terms, and Phrases 145. Lot Lines shall mean the property lines along the edge of a lot or site: a. Front Lot Line: The shortest lot line of all street lot lines. If all street lot lines are the same length, then all shall be considered front lot lines. b. Side Lot Line: Any lot line except a sueet-er rear lot line. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 29 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM c. Rear Lot Line: A lot line that is opposite a front lot line, but which does not abut a street. A triangular lot has two (2) side lot lines but no rear lot line. For other irregularly shaped lots, the rear lot line is all lot lines that are most nearly opposite the front lot line. d. Interior Side Lot Line: A side lot line that does not abut a street. e. Street Lot Line: Any lot line that abuts a street. Street lot line does not include lot lines that abut an alley. On a corner lot and a double frontage lot, there are two (2) (or more) street lot lines. Street lot lines can include front lot lines and side lot lines. f. Street Side Lot Line: A lot line that is both a side lot line and a street lot line. ITEM 9 - MINIMUM LOT WIDTH REQUIREMENTS Section 1.9 Rules of Measurement B. Lot Width Measurement. Lot width refers to the horizontal distance between the side lot lines as measured along a straight line parallel to the front lot line (the#et-line abutting the street on which tho property has its principal access) or the chord thereof. The minimum lot width shall be measured between the side lot lines along a line that is parallel to the front lot line and located the minimum front setback distance from the front lot line. Lot width standards shall applv to lots that do not have a front lot line, i.e. lots that do not abut a street. In these cases, the Decision- Making Bodv shall determine where to measure lot width. See Figure 1-1. Section 13.3 Definition of Words, Terms and Phrases 148. Lot Width shall meari the horizontal distance between the side lot lines along a straight line parallel to the front lot line (or the dhord thereof) and located the minimum front setback distance from the front lot line. Lot width standards shall applv to lots that do not have a front lot line, i.e. lots that do not abut a street. In these cases, the Decision-Making Bodv shall determine where to measure lot width. ITEM 10 -1 REVISIONS TO SUBMITTAL REQUIREMENTS Section 3.1 General Provisions \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 30 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM C. Incomplete Applications or Insufficient Fees. Applications shall be reviewed for completeness within seven-@> eight (8) working days of filing. If the Staff determines that the application is complete, the application shall then be processed. If the Staff determines that it is incomplete, they shall return the application to the Applicant as incomplete and specify the specific ways in which the application is deficient. No further processing of the incomplete application shall occur until the deficiencies are corrected. Any application that is not accompanied by the required fee shall be found incomplete. Fees shall not be required with applications initiated by the Staff, Planning Commission or Boards. Section 3.2.B. Step 2: Application Timing and Certification of Completeness 1. Except for variances, all development applications shall be submitted to Staff a minimum of fifty-five (55) days prior to the next regularly scheduled EVPC meeting at which the application will be reviewed. See Â§3.6 regarding variances. Staff shall have the discretion to shorten submittal time frames. 2. Within seveR-0 eight (8) working days of submittal, the Staff shall either certify the application as complete and in compliance with all submittal requirements or reject it as incomplete and notify the Applicant of any deficiencies. See Â§3.1.C above. C. Step 3: Staff Review and Report. Within-#tift~30> days from tho dam that a submittod application is cortifiod as Gemplete STANDARD DEVELOPMENT REVIEW PROCEDURE pursuant to Â§3.2.B above, No later than fourteen (14) davs Step 1: Pre-Application Conference prior to EVPC meetina, Staff shall refer the development Step 2: Application Submittal - application to the appropriate review agencies, review the Notice of Deficiencies development application and prepare a staff report. No Staff Reviews for Completeness and t changes to the Certifies or Rejects 4 development application or any accompanying plans or Step 3: Staff Review of Complete Application - information shall be permitted after submittal, except for ~WI~ Referral to Local, State, any changes or and Federal Agencies additional . information requested by the Staff ReporVSet Public 1 Staff during their Hearing if Required ' review. Section Step 4: Review and Recommendation or 3.2.G. Flow Chart of Action by Estes Valley Planning Commission Standard ~ Development Approval Procedure 1 Applicant has 30 days from ~ EVPC action EVPC action date to comply 1 D 1 with conditions of approval ~ deemed final \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 TÂ¢wn Board Review\EVDC Block 7- Town Board Review (revised on March 31 2)1.doc Step 5: Review and Action by Town Board/ Town Board Review - B~ Board of County Commissioners Last printed 4/20/2005 4:42 PM L Applicant has 30 days from ~ I Board action , Board action to comolv with - Section Â§3.6.B Procedure for Approval of Variances 1. Step 2: Application Timing. Applications for variances shall be submitted to Staff a minimum Qi thiFty4ive--86> forty-two (42) days prior to a regularly scheduled meeting of the BOA. Staff shall have the discretion to shorten submittal timeframes. ITEM 11 - MINOR MODIFICATIONS Section 3.7.A Applicability 2. Minor Modifications from General Development and Zone District Standards. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 32 2)ldoc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM a. Staff Authority to Grant Minor Modifications. Staff may grant minor modifications up to a maximum of ten percent (10%) from the following general development and zone district standards, provided that the Staff finds that such modification advances the goals and purposes of this Code and either.results in less visual impact or more effective environmental or open space preservation, or relieves practical difficulties in developing a site: (1) Minimum lot area and dimensional requirements; (2) Yard and building setback requirements; (3) General development standards set forth in Chapter 7; or (4) Subdivision design standards set forth in Chapter 10. b. EVPC Authority to Grant Minor Modifications. The EVPC may grant minor modifications up to a maximum of twenty-five percent (25%) from the following general development and zone district standards, provided that the EVPC finds that such modification advances the goals and purposes of this Code and either results in less visual impact or more effective environmental or open space preservation, or relieves practical difficulties in developing a site: (1) Minimum lot area and dimensional requirements; (2) Yard and building setback requirements; (3) General development standards set forth in Chapter 7; or (4) Subdivision design standards set forth in Chapter 10. Section 10.4 Lots A. Lot Dimensions and Configuration. 1. The lot area/size, width, depth, shape and orientation shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. In addition, each lot shall also demonstrate a building site and access. In all cases, however, lot area and-dimensiens shall comply with the minimum requirements of this Code. Prior to submittal of the preliminary subdivision plan, all proposed multi-family and commercial subdivisions shall evidence compliance with this provision on the sketch plan submitted at the preapplication meeting. ITEM 12 - DEVELOPMENT PLAN REVIEW EVDC Section 3.8 Development Plan Review B. Applicability. All development set forth in Table 3-3 below shall be required to submit a development plan for review pursuant to the procedures and standards set forth in this section. See also Â§7.1.B, which requires development plans for all new development on land with slopes steeper than thirty percent (30%) or on land containing ridgeline protection \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 33 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM areas. No development, excavation, site preparation or construction activity, including tree/vegetation removal or grading, shall occur on property subject to this Section until a development plan has been approved. Table 3-3 Development Plan Review Requirements Determining Factor Staff Revi66 [1] EVPC Review 8ll.Nonresidential Developments in-the-COrCHrO-and-M , Except Accommodations Development, in anv Zoning Districts Number of Parking Spaces 10-20 21 or more 10,001 or moro eq. ft. More than Construction of Gross Floor Area 2,000 - 10,000 sq. ft. 10.QQQ-ag.Lfl Major alterations that also entail alteration to the number of parking 10,001 or more cq. ft. More than spaces, the configuration of parking, 2,000 - 10,000 sq. ft. 10,000 sq. ft. inaress, egress, water, sewer, drainage, or lighting on the premises All Nonresidential Developments in tho CD Zoning District Construction of Grocc Floor Aroa 2,000 10,000 cq. ft. 10,001 or moro cq. ft. All Residential or Commercial Accommodations Development, including RV Park/Campgrounds Number of New Dwelling& 0 Guest 3-10 11 or more Units. and/or RV pad/campsites Major alterations that also entail alteration to the number of parking spaces, the configuration of parking, 3-10 R\Apad/Gampsite-Dwellincls, 11 or more AV-pa*GampGite quest units, and/or RV Dwellings, quest units, and/or RV inqress, egress, water, sewer, pad/campsites pad/campsites drainage, or lighting on the premises (Ord 18-01 #7) Note to Table 3-3: [1] All Special Review Uses shall be subject to Planning Commission and Board review and approval of development plans. ITEM 13 - BUILDING SEPARATION Section 5.2.D General Dimensional and Operational Requirements. The following standards shall apply to all accessory uses and structures in all zoning districts, except for: (1) Satellite antenna dishes accessory to residential uses that are one (1) meter or less in diameter; and (2) \\Servera\comm..dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 34 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM . Satellite antenna dishes accessory to nonresidential uses that are two (2) meters or less in diameter. 1. Time of Estab#shment. No Change Proposed. 2. Setbacks. No Change Proposed 3. Setbacks from Easements. No Change Proposed. 4. Maximum Building or Structure Size. No Change Proposed. 5. Building or Structure Height. No Change Proposed. 6. Building Separation. Unless attached to the principal structure, accessory structures containing more than one hundred twenty (120) square feet of gross floor area shall bc located at least ton CIO) feet from any other structure. ITEM 14 - SEPARATE LOT DETERMINATIONS Summary Table-Standard Development Review Process by Application Type. fti Step 2 SteD 1 Application/ Step 3 Pre-Application Completeness Staff Review & Step 4 ; Step 5 Conference Certification Report EVPC Action Board Action Code Amendments-Te,WMap M A A A A - I - Preliminarv Subdivision M A A A A - I - Final Subdivision Y A A N/A A - PUD-Preliminary Plan 4 M A A A A PUD-Final Plan V A AN/A A - Special Review Uses <Â·, ; M A A A A Variances (Ord. 18-01 #5) f M A A N/A BOA I - Minor Modifications K â‚¬ M A A-SR A-SR N/A Development Plan Review M & A-SR A-SR APP Use Classification X A A N/A AW - Senarate Lot Determinations X A A N/A APP - Temporary Use Permits x & A N/A N/A Minor Subdivision (Ord. 18-01 M A & A A -- I - #5) Annexations (Ord. 18- M A A N/A A I -- 01 #5) "V" = Voluntary "M" = Mandatory "A" = Applicable "N/A" = Not Applicable "APP" = Appeals "BOA" = Board of Adiustment "SR" = Special Requirements (Refer to Text) \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 35 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM Section 12.1 Appeals C. Appeals from Final Decisions by Staff. A party-in-interest may appeal a final decision made by Staff in administrating or interpreting this Code. All such appeals shall be taken to the Board of Adjustment, except that appeals from Staff decisions on use classifications and separate lot determinations shall be taken to either the Board of County Commissioners or Board of Trustees, as applicable. Section 13.3 Definitions Of Words, Terms And Phrases 183. Party-in-Interest shall mean a person or organization that has standing to appeal the final decision of a Decision-Making Body. Such standing to appeal shall be limited to the following parties: a. The Applicant; b. Any party holding a proprietary or possessory interest in the real or personal property that was the subject of the decision by the Decision-Making Body whose action is to be appealed; c. Owners of property located within five hundred (500) feet of the boundaries of the subject property, except for appeals of separate lot determinations; or d. The Boards as represented by the request of a single member of either Board. ITEM 15 - SIDEWALKS/TRAILS Section 7.4.A Applicability. 1. Tra#s. All new fesidential subdivisions containing five (5) or more dwelling units shall provide for public trails pursuant to this Section and Chapter 4, "Zoning Districts." Section 10.5 Subdivision Design Standards F. Private Open Areas and Trails. All plans for fesidential-subdivisions of land shall provide for private open areas and public trails as specified in Chapter 4, "Zoning Districts," and Â§7.4, "Public Trails and Private Open Areas," of this Code. ITEM 16 - ACCESSIBLE PARKING \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 36 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM Section 7.11.J Accessible Parking for Disabled Persons 1. Number of Spaces. The minimum number of accessible spaces to be provided be-a portion of the total number of off-street parking spaces required, as determined from tho following schedule shall comply with applicable Town, County, State and Federal codes and/or regulations. Table (To be numbered by codifier) provides guidelines for provision of accessible parking spaces. Standards mav van, depending on the proposed use. Parking spaces reserved for persons with disabilities shall be counted toward fulfilling off-street parking standards. Table - To be numbered bv codifier Minimum Total Parking Minimum Number Minimum Number Number of Car- Spaces of Accessible of Van-Accessible Accessible Provided Spaces Spaces Spaces 1-25 1 1 0 26-50 2 1 1 51-75 3 1 2 76-100 4 1 3 101-150 5 1 4 151-200 6 1 5 201-300 7 1 6 301-400 8 1 7 401-500 9 2 7 501-1,000 2% of total spaces 1 out of every 8 7 out of every 8 Over 1,000 20 + 1 per each 100 accessible spaces accessible spaces spaces over 1,000 ITEM 17- OUTDOOR SEATING (PAGE 5-4) Section 5.1.M.1. Outdoor Seating Areas c. In approving outdoor seating areas, the Decision-Making Body may impose conditions relating to the location, configuration and operational aspects (such as lighting) of such outdoor seating areas to ensure that such outdoor seating areas will \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 37 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM be compatible with surrounding uses, will be maintained in an attractive manner and will comply with applicable Building and Fire Codes. ITEM 18 - WETLANDS AND STREAM PROTECTION Section 7.6.C Other Regulations 1. This Section does not repeal or supersede any existing federal, state or local laws, easements, covenants or deed restrictions. When this Section imposes a higher or more restrictive standard than found in another applicable ordinance, statute or regulation, this Section shall apply. 2. No person shall engage in any activity that will disturb, remove, drain, fill, dredge, clear, destroy or alter any area, including vegetation, within a wetland that falls in the jurisdiction of the federal government and its agencies, except as may be expressly allowed under applicable federal laws or regulations. 3. The Decision-Making Body shall not grant final approval to any development or activity, including subdivisions, in a wetland that falls within the federal government's jurisdiction until all necessary federal approvals and permits have boon obtained. ITEM 19 - REFUSE DISPOSAL Section 7.8.G.1.e "Refuse Disposal" of the Estes Valley Development Code states "Developments on sites containing important wildlife habitat, such as black bear, must use approved animal-proof refuse disposal containers. With Division of Wildlife approval, refuse disposal containers and enclosures mav be electrified." ITEM 20 - EXTERIOR LIGHTING Section 7.9.D. Design Standards. 1. Light sources shall be concealed or shielded with luminaires with cut-offs with an angle not exceeding ninety (90) degrees to minimize the potential for glare and unnecessary diffusion on adjacent property. In no case shall exterior lighting add more than one (1) foot-candie to illumination levels at any point off-site. See Figure 7-11. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 38 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM I , \ L Lt..,*-'.. SHIELD CR~AD==1.1~C=ts 7.9 EXTERIOR LIGHTING Figure 7-11 No Yes Â£*f. ..fx # m, ~ ~ 1 Unshieldedlidit sources Shielded to cut offlight at 90 creates glare and diffusion to degees or less. adjacent property. SeÂ·urc e. itemsticnal D;- mg, Associaticm \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 39 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM ITEM 21 - PARKING SPACES FOR EMPLOYEE HOUSING Section 7.11.D: Minimum Off-Street Parking Requirements. The following Off-Street Parking Schedule establishes the minimum number of off-street parking spaces to be provided for the use categories described in this Code. I. . Minimum Number of : Off-Street Parking Spaces Off-Street (See Â§7.11.C above for Loading Group Use Classification Specific Use measurement rules) (See Â§7.11.N) RESIDENTIAL USES Single-family, two-family, 2 per dwelling unit. nja or town home dwelling (including employee housing) Multi-family dwelling â€¢Efficiency or 1-bedroom unit: 1.5 n/a Household Living Â¢41=.diae excluding spaces. employee housing) â€¢2-bedroom or larger unit: 2 spaces. + 0.25 guest spaces per unit Mobile home park 2 per dwelling unit + 0.50 guest rda spaces per unit ITEM 22 - SINGLE-FAMILY RESIDENTIAL EXEMPTIONS Standard language throughout Estes Valley Development Code is "...except for development on lots that were approved for single-family residential usc prior to tho effective date of this Code" Except for single-family residential development on a lot created and approved for such use prior to the effective date of this Code. ITEM 23 - MINOR SUBDIVISION REVIEW Chapter 2 Table 2-1: Code Administration and Review Roles. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 40 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM REVIEW AND DECISION-MAKING AUTHORITY PROCEDURE Staff EVPC Boards [1] BOA [1] Code Text Amendments R R DM --- Zoning Map Amendments R R DM --- Comprehensive Plan R DM R --- Adoption/Amendment Subdivisionsl Preliminary Plat R R DM --- Final Plat R -- DM --- Minor Subdivisions 151 R R DM I- - - NOTES TO TABLE 2-1: [1] The Boards and the BOAs shall have decision-making authority on the applications shown in Table 2-1 only as applied to properties located within their respective Town or County jurisdictions. [2] The Boards shall have authority only for appeals taken from the EVPC (not Staff) action on applications for minor modifications. [3] The Staff shall have decision-making authority on development plan applications specified for "Staff Review" in Table 3-3 of this Code. See Â§3.8, "Development Plan Review." The EVPC shall have decision-making authority on those development plans specified for "EVPC Review" in Table 3-3 of this Code. Appeals from Staff decisions on a development plan shall be to the EVPC. Appeals from EVPC decisions on a development plan shall be to the respective Board. [4] The Staff shall have decision-making authority on applications seeking minor modifications of Code standards by no more than 10%; whereas, the EVPC shall have decision-making authority on all applications seeking minor modifications of Code standards by 10% or more, but in no case greater than 25%. See Â§3.7, "Minor Modifications." Appeals from Staff decisions on applications for minor modifications shall be to the EVPC. 151 Land Consolidation Plats shall not be subject to review by the Planning Commission, Section 3.9.B Applicability. All subdivisions shall be subject to the approval procedures set forth in this Section. Section 3.9.D Minor Subdivisions 1. Defined. Minor subdivisions shall be defined as follows: \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 41 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM i Frontaqe Lots. Division of one (1) or more lots, tracts or parcels of land into a total of not more than four (4) lots shall also be a minor subdivision, provided that each resulting lot fronts onto an existing street, and that the subdivision entails no extension of public facilities. No more than a total of four (4) lots shall be created out of a lot, tract or parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure. Frontage Lot subdivisions shall be titled as a "Subdivision". b. Boundarv Adiustments. Division of one (1) or more lots, tracts or parcels of land for the purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes, shall be considered a minor subdivision for review procedure. Boundary Adiustments shall be titled as a "Boundary Line Adiustment" for properties not within a platted subdivision, or "Amended Plat" for properties within a platted subdivision. The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes. The area added to each lot shown hereon by such adjustment is to be considered an addition to, shall become a part of, and shall be conveyed together with, each lot as shown." c. Land Consolidation Plats. Unplatted contiguous legal lots approved for single- family residential development can be combined with a land consolidation plat. Land Consolidation Plats shall be titled as a "Land Consolidation Plat". The final plat shall clearly indicate the original boundaries of each lot and shall contain the following statement: "Boundary lines indicated on this map are adjustments of former boundarv lines of the property depicted hereon. Such adiustments do not create additional lots or building sites for anv purposes." 2. Hazard Areas. Except Land Consolidation Plats, areas with geologic hazards as defined by Â§7.7 of this Code shall not be eligible for the minor subdivision process. (Ord. 18-01 #9) 3. Procedure for Approval of Minor Subdivisions. Applications for minor subdivision approval shall follow the standard development approval process set forth in Â§3.2 of this Chapter (Ord. 18-01 #10), except that land consolidation plats shall not be subiect to review bv the Planning Commission. Land consolidation plats shall follow the review timeframe established for Final Plats. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 42 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM 4. Submittal Requirements. Boundary Line Adiustments and amended plats involving exchange of land shall require deeds describing the resultant parcels, signed and dated bv owners, dated, and sealed bv a Notarv Public, shall be submitted with the mvlars. (Note: This requirement was not in the copy reviewed by Planning Commission). 5. Modifications and Waivers. The Community Development Director, or designee, shall have authority to grant modifications and/or waive standards set forth in Chapter 10 in coniunction with a boundary adiustment or land consolidation plat. Approval of requested modifications and/or waivers shall require that the Director finds approval of such modification and/or waiver: a. Advances the goals and purposes of this Code; b. Either results in less visual impact, more effective environmental or open space preservation, relieves practical difficulties in developing a site, or results in the use of superior engineering standards than those required bv this Codes c. There will be no increase in the intensity of use: and d. There will be no increase in development and/or demand for services that necessitates compliance with EVDC standards. F. Effects of Approval 1. Effect of Approval of a Minor Subdivision. Within thiny-(@Q> Sixty (60) days of the Board's approval of the minor subdivision, the developer shall submit the minor subdivision final plat for recording. If the minor subdivision plan is not submitted for recording within this thiftrâ‚¬lar-sixty-clay time period, the approval shall automatically lapse and be null and void. 3. Effect of Approval of a Final Subdivision Plat. Within thiftr-(30 Sixty (60) days from the date of the Board's action on the final subdivision plat, the Applicant shall make all required revisions, if any (see Â§3.2.E above), and shall submit the final subdivision plat to the Town for recording. If the final plat is not submitted for recording within this sixtv-dav time period, the approval shall automatically lapse and be null and void. Section 10.2 Applicability/Scope B. Minor Subdivisions. Minor Subdivisions are subject to full review and compliance with the standards set forth in Chapter 10, and the submittal requirements set forth in Appendix B. \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 43 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM 1. Frontage Lots. Division of one (1) or more lots, tracts or parcels of land into a total of not more than four (4) lots shall also be a minor subdivision, provided that each resulting lot fronts onto an existing street, and that the subdivision entails no extension of public facilities. No more than a total of four (4) lots shall be created out of a lot, tract or parcel or set of contiguous parcels in the same ownership using the minor subdivision procedure. Frontage Lot subdivisions shall be titled as a "Subdivision". 2. Boundary Adiustments. Division of one (1) or more lots, tracts or parcels of land for the purpose of adjusting boundary lines between such lots, tracts or parcels of land and adjacent lots, tracts or parcels of land, which adjustments do not create additional lots or building sites for any purposes, shall be considered a minor subdivision for review procedure. Boundarv Adiustments shall be titled as a "Boundary Line Adiustment" for properties not within a piatted subdivision, or "Amended Plat" for properties within a piatted subdivision. The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: "Boundary lines indicated on this map are adjustments of former boundary lines of the property depicted hereon. Such adjustments do not create additional lots or building sites for any purposes. The area added to each lot shown hereon by such adjustment is to be considered an addition to, shall become a part of, and shall be conveyed together with, each lot as shown." 3. Land Consolidation Plats. Unplatted contiguous legal lots approved for single- family residential development can be combined with a land consolidation plat. Land Consolidation Plats shall be titled as a "Land Consolidation Plat". The final map shall clearly indicate the original boundaries of each lot and shall contain the following statement: Section 12.1 Appeals See also Chapter 2, "Code Administration And Review Roles," Â§2.1.B. A. Appeals from Final Decisions by the Boards. Staff Note: No Change Proposed. B. Appeals from Final Decisions by the Estes Valley Planning Commission. Staff Note: No Change Proposed. C. Appeals from Final Decisions by Staff. A party-in-interest may appeal a final decision made by Staff in administrating or interpreting this Code. All such appeals shall be taken to the Board of Adjustment, except that 1. Appeals from Staff decisions on use classifications and separate lot determinations shall be taken to either the Board of County Commissioners or Board of Trustees, as applicable: and \\Servera\comm_dev\EVDC'& Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 44 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM 2. Appeals from Staff decisions on waivers of Appendix B Submittal Requirements, and minor modifications, plats shall be taken to the Estes Vallev Planning Commission. D. Appeals from Final Decisions by the Estes Valley Board of Adjustment. A party-in-interest may appeal a final decision made by the Estes Valley Board of < Adjustment. All such appeals shall be taken to a Colorado court of competent jurisdiction. E. Appeals from Enforcement Actions. Appeals from issuance of a notice of violation or stop work order shall be taken to a Colorado court of competent jurisdiction. F. Timing of Appeals. Unless a different time frame is set forth in a specific provision of this Code or in applicable provisions of the Colorado Revised Statutes, all appeals shall be taken to the appropriate appeal authority or court within thirty (30) days after the final action or decision being challenged, and all decisions that have not been appealed within thirty (30) days shall become final. ITEM 24 - APPENDIX B: ATTACHMENT A CERTIFICATION OF OWNERSHIP AND DEDICATION: Know all men by these presents that , being the owner(s) of that part of the (described quarter-section, section, township, range), Larimer County, Colorado, being more particularly described as follows, to wit: Beginning at (complete legal description); containing (to nearest one-hundredth) acres more or less; have by these presents caused the same to be surveyed and subdivided into lots (and blocks as appropriate) to be known as the plat of (Subdivision name), and do hereby dedicate and convey to and for public use the streets as are laid out and designated on this plat, and do also dedicate easements for the installation and maintenance of utilities and for drainage facilities as are laid out and designated on this plat, witness our hands and seals this day of ,20 Owner(s) The signature(s) shall be notarized as follows: State of ) )SS County of ) \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 45 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM The foregoing dedication was acknowledged before me this day of , 20__,by SEAL Notary Public My commission expires NOTES: (A) Where a mortgage or lienholder are involved, the dedication and signature block must be modified accordingly. (B) Where private streets are allowed, the dedication must be modified accordingly. (C) The dedication statement shall be amended to 'reflect the particular plat. For example, if no streets are being dedicated, the reference to streets would be removed. ITEM 25 - APPENDIX B: ATTACHMENT B LARIMER COUNTY HEALTH AUTHORITY APPROVAL: By the Larimer County Health Authority this day of , 20 _ . All construction on this subdivision, or any lot therein, including the development of domestic water, and the provision of sewage treatment, shall be done in a manner which will meet all of the requirements of the Colorado Department of Health, and the Larimer County Public Health Department, and the officers authorized to enforce such requirements. Larimer County Health Authority SURVEYOR'S CERTIFICATE: 1, (surveyor's name), a duly registered land surveyor in the State of Colorado, do hereby certify that this plat of (subdivision name) truly and correctly represents the results of a survey made by me or under my direct supervision. Surveyor /Seal APPROVAL OF SURVEY PLAT (for properties within the unincorporated Estes Valley) This final plat has been reviewed and is hereby approved as to form as complying with all current survey requirements of Larimer County and of State law pertaining to platting \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 46 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM and monumentation. This approval constitutes neither a warranty by Larimer County concerning such compliance, nor a release or indemnity of the subdivider and his surveyor concerning any noncompliance of this plat with current survey requirements. Date: , Colorado P.L.S. No. (Signature) ,Larimer County Engineering Department (Printed Name) TOWN ENGINEER'S CERTIFICATE (for properties within the Town of Estes Park) Approved by the Town Engineer of Estes Park, Colorado this day of , 20_ ,Town Engineer (Printed Name) BOARD OF COUNTY COMMISSIONERS APPROVAL: Approved by the Larimer County Board of County Commissioners this day of , 20 . All dedications are hereby accepted on behalf of the public. This approval does not constitute acceptance of responsibility by the County for construction, repair, or maintenance of any streets, highways, alleys, bridges, rights-of-way or other improvements designated on this plat. Chair ATTEST: Clerk of the Board \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 47 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM ITEM 26 - KENNEL DEFINITIONS Section 13.3 Definitions Of Words, Terms And Phrase (Page 13-28) 129. Kennol shall mean a commercial use with indoor and/or outdoor facilities for the keeping, breeding, boarding or training of animals; or a noncommercial use for the keeping, breeding, boarding or training of six (6) or more adult animals. 129. Kennel shall mean a commercial or noncommercial use with indoor and/or outdoor facilities for the keeping, breeding, boarding or training of four (4) or more adult canine or feline animals (i.e. animals over the age of three months). \\Servera\comm_dev\EVDC & Sign Code Changes\Block 7 Town Board Review\EVDC Block 7- Town Board Review (revised on March 48 2)1.doc Town Board Review - Block 7 Last printed 4/20/2005 4:42 PM Appx D, Road Design and Construction Standards VI11 Other Requirements APPENDIX D. STREET DESIGN AND CONSTRUCTION STANDARDS TABLE OF CONTENTS 1. GENERAL D- A. Standards of Construction D- B. Typical Cross-Sections D- C. Terrain Classification D- D. Modifications and Waiverc D- 11. STREETS D- A. Street/Road Construction and Design Specifications .. D- B. Width and Thickness D- C. Lane Separations D- D. Private Streek D- E. Cul-de-Sacs and Dead-end Streets D- F. Street Intersections D- G. Vertical Alignment D- H. Horizontal Alignment D- 1. Curb and Gutter D- J. Street Dedication D- K. Part Width Street D- L. Additional Rights-of-Way D- M. Street Paving and Signs D- N. Roadside Delineators D- 111. GENERAL SITE ACCESS D- A. Access to Public Streetq D- B. Driveway Access-General Standards D- IV. INTERSECTION AND DRIVEWAY VISIBILITY D- V. SIDEWALKS, PEDESTRIAN CONNECTIONS, AND TRAILS D- VI. EROSION CONTROI D- VII. FLOOD PROTECTION D- Vlll. TREE AND VEGETATION PROTECTION DURING CONSTRUCTION AND GRADING ACTIVITIES D- IX. OTHER REQUIREMENTS D- 1 Appx D, Road Design and Construction Standards VI11 Other Requirements APPENDIX D. ROAD STREET DESIGN AND CONSTRUCTION STANDARDS 1. GENERAL. Appendix D shall apply to all subdivisions and development. shall-be-designed and improvements made by tho devolopor consistont with the roquiromonts of this < â‚¬10Gwment The Larimer County Road Standards Manual is also incorporated herein. At tho prc-application conference, Staff shall adviso Applicant of tho applicable road standard feâ‚¬IWifementer A. Standards of Construction. Standards of construction not otherwise specified hereunder shall be according to the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways (latest edition with amendments in effect at that time), Town of Estes Park Right-of-Wav Permit Construction Guidelines, Larimer County Access PoliCV, Larimer County Urban Street Standards, and Larimer County Road Standards. Quality control testing shall meet the minimums as described in Section IX, General Technical Construction Standards "Other Standards". B. Typical Cross-Sections. Design and construction shall conform to the typical cross- sections appended hereto. C. Terrain Classification. Terrain shall be classified "mountainous" when the average cross- slope at streets being developed exceeds fifteen percent (15%). D. Modifications and Waivers. The Town of Estes Park Engineer or Larimer County Engineer, or designee, shall have authority to grant modifications and/or waive standards set forth in Appendix D in conjunction with a site specific development plan. Modifications and/or waivers shall be presented in writing, with the application submittal. te-the-GAgineeF in writing prior to application submittal. Approval of requested modifications and/or waivers shall require that the Engineer finds approval of such modification and/or waiver: 1. Advancea the goals and purposes of this Code; and 2. Either results in less visual impact, more effective environmental or open space preservation, relieves practical difficulties in developing a site, or results in the use of superior engineering standards than those required by this Code. (Ord. 11-02 Â§1) (Ord. 11-02 Â§1, 8/13/02) 11. STREETS-AND-ROADS A. Street Construction and Design Specifications. All new development or subdivisions (including condominiums) shall comply with the road construction and desian specifications contained herein. in Chapter 10, "Subdivision Standards." Refer to Appendix D. IX.C for street construction details. B. Width and Thickness. Minimum ctreot widths shall be as follows: 1. Width: 2 Appx D, Road Design and Construction Standards VI11 Other Requirements iL Aiâ‚¬~1*e#-Wa*Â·Width SUFfaGeâ‚¬MANâ‚¬Ith Cla66itiGatien *2-Gurbs - 041=1066 Meenta#Aews Other Aftefial-Stfeet (MEET STATE STANDARDS> Ge#eete*-St#eet 60-# 66-# 24# LeGal-&#Feet-ef 46-4 66-# 224t pfivate-6#Get Sub40Gal-Street 46-# 60..ft 204% Dfiveway - 484# (replace above with the following table:) Right-of-Way Width Surfaced Width Shoulder Width Classification w/2Curbs Other Mountainous Other Each side of road Arterial Street ( MEET STATE STANDARDS ) Collector Street 50 ft 60 ft 26 ft 26 ft 4 ft Local Street 45 ft 60 ft 24 ft 24 ft 2ft Sub-local Street 40 ft 60 ft 20 ft 22 ft 2 ft Table D.1: Right of Way and Surfacing Width b. Shoulders shall be required on streets without curb and gutter, and shall have a minimum of three (3) inches of compacted road base that matches finished grade and crown of the street. c. Arterial and Collector streets shall require bike lanes, which shall be a minimum of six-feet in width. 2: Thickness: Minimum base thickness shall be four (4) inches. Minimum street asphalt thickness shall be three (3) inches. When warranted by existing soil conditions or proposed traffic loadings, the TewA Town of Estes Park Engineer or Larimer County Engineer, or designee, may require thickness of the streets to be designed based on a report prepared by a registered professional engineer. C. Lane Separations. In order to reduce cut and fill on steep slopes, travel lanes may be separated. The lane width, shoulder widths and curb and gutter requirements must be met. 3 1% 13 Appx D, Road Design and Construction Standards VI11 Other Requirements D. Private Streets 8. Private strocts and drivcways shall bo docignod and constructed consistent with thesc design standards. Where private streets are used, thev shall meet all design and construction standards of this Section, including right-of-wav widths and surfaced widths. The entire street width shall be deed restricted for street purposes. When private streets are used, the subdivider shall submit written documentation, acceptable to the Town, that the streets will be properly maintained. The recorded plat of any subdivision that includes a private street shall clearly state that each street is a private street. Private streets shall not be allowed where a public street % connection to adiacent property may be required for existing or future access and traffic flow purposes. 4. Whoro private street& are used, thoy shall moot all design and construction standards of this Section, including stroot widths and surfaced widths. The entiro stroct width shall bo decd restricted for stroot purposes. When private ctrccts are used, tho subdividor shall submit written documentation, accoptablo to the Town, that the streets will bo properly maintained. Tho rocordod plat of any subdivision that includes a private etroot shall clearly state that oach street is a private strcot. Private streets shall not bo allowed whcro a public street connection to adjacent property may bc required for access and traffic flow purposes. 2. A shared driveway may provide access to not moro than four (1) single-family rocidential lots. (Ord. 2 02 #2) 3. Mu#Afam#y Dovolopmonts. A drivoway may provide accoss for not more than ono hundred (100) vohiclo trips por day. (Ord. 2 02 #2) E. Cul-de-Sacs and Dead-end Streets. Doad ond stroots shall bo not more than ono thousand (1,000) feet in length, and chall corvo no more than twelve (12) dwolling units. Design and construction shall conform to the typical cross sections appended hereto. 1. Length. The maximum length of a cul-de-sac or dead-end street shall be one thousand (1,000) feet, measured from the center of the nearest intersection to the center of the cul-de-sac turnaround. 2. Number of Vehic/e Trips Per Dav. Lets. No moro than twolvo (12) dwelling units may bo locatod on a cul do sac street. A cul-de-sac or dead-end street mav provide access for not more than 120 vehicle trips per dav. 3. Street Connections. Where terrain permits street connections, cul-de-sacs and dead- end streets shall be prohibited. F. Street Intersections. Whenever possible, streets shall intersect at right angles. Minimum centerline offset shall be one hundred fifty (150) feet. Edge radius of asphalt at intersections shall be as follows: 1. Radius. Intersection Type Edge Radius Sub local/local 20 feet Sub local/collector 25 feet Sub local/arterial 30 feet Local/local 20 feet 4 Appx D, Road Design and Construction Standards VI11 Other Requirements Local/collector 25 feet Local/arterial 30 feet Collector/collector 25 feet Collector/arterial - 30 feet 2. Sight Distance. Intersection sight distance shall be as follows: Design Speed Sight Distance c 60 mph 650 feet 50 mph 515 feet 40 mph 415 feet 30 mph 310 feet 20 mph 210 feet 2. Grade. Streets shall be leveled to a grade of less than four percent (4%) for a distance of at least fifty (50) feet approaching all intersections, and at the intersection on a grade of three percent (3%) shall be maximum. G. Vertical Alignment. 1. Street grades shall be more than one percent (1%) but less than ten percent (10%) for local and sub-local streets and less than eight percent (8%) for collector and arterial streets. Maximum grade limits may be exceeded by up to one percent (1%) in mountainous terrain or for stretches not exceeding two hundred (200) feet where necessitated by field conditions. 2. Streets shall bo lovolod to a grade of loss than four percent (1%) for a distance of at least fifty (50) feot approaching all intorsections, and at tho intersection on a grado of threo percent (396) shall bc maximum. 3. All changes in street grade shall be connected by vertical curves a minimum length equivalent to a multiplier times the algebraic difference in the rate of grade (A) as shown in the following table: Street Tvpe Crest Sag Local and sub-local 28A 20A Collector 40A 27A Arterial refer to Larimer Countv Road Manual H. Horizontal Alignment. 1. Minimum radii of curvature on the centerline shall be as follows: Street Tvpe Radius Arterial 400 feet Collector 200 feet Local and sub-local 100 feet Lesser radii may be used in mountainous terrain and in other cases in which sufficient evidence is presented to show that the above requirements are not practicable. 5 Appx D, Road Design and Construction Standards VI11 Other Requirements 2. Reverse curves shall be separated by tangent sections as follows: Local and sub-local streets: 50 feet Arterial and collector streets: 100 feet 1. Curb and Gutter. Concrete curb and gutter shall be required on both sides of the feadway street, the entire length, for all subdivisions and developments requiring development plan review. Asphalt curb shall not be allowed. Tvpe "R" catch basins are required for all on street drainaae facilities, and the design shall be reviewed and approved prior to 4 construction. Refer to Appendix D. IX.C for construction details. Curb & Gutter shall be filled to top-back-of-curb and the material behind the curb shall be compacted to a minimum of 90%. This roquiroment may bo waived by thc Public Works Director during the roadway construction phase only based on sito, drainage and elopo conditions and good onginooring praG#Ge. Asphalt curb shall not be allowod. J. Street Dedication. 1. All streets that dead-end at the subdivider's property line, but will not connect with a street to public use, shall be dedicated to public use to the property line. 2. All subdivicions shall provide for right-of-way connections and stroot construction to adjoining properties. All subdivisions shall provide for street construction and right-of- wav connections to adjoining properties. 3. All right-of-way dedications to Larimer County for the purpose of streets shall be in accordance with the Larimer County Transportation Plan Functional Road Classification System. K. Part-Width Street. In case of a part-width street, a minimum of forty (40) feet along and adjacent to a boundary of the subdivision will be required, except in cases in which a proper deed or instrument of dedication to the Town is filed with the map or plat of the subdivision, granting sufficient land to make a street of the required full width. "Part-width street" shall be letteied on the map or plat following the name of the street. Whenever there exists a dedicated or platted part-width street or alley adjacent to the tract to be subdivided, the other half shall be platted. L. Additional Rights-of-Way. When required for public convenience, additional rights-of-way in connection with streets shall be provided for automobile standing or turning space, or emergency access. M. Street Paving and Signs. The subdivider shall install and pave all streetsreAâ‚¬WAGta#-all 6#Get-SigAG, in accordance with design and construction requirements established by the Town, and subject to the approval of the Town. The subdivider shall provide and install all street signs, which shall comply with the Manual of Uniform Traffic Control Devices (MUTCD). Street name signs shall complv with Town of Estes Park standards. (Ord. 2-02 #2, 2/12/02) N. Roadside Delineators. The subdivider shall provide and install roadside delineators (steel posts with white reflector, at all points of tanaency and points of curvature, or as directed bv Staff). 6 Appx D, Road Design and Construction Standards VI11 Other Requirements 111. GENERAL SITE ACCESS A. Access to Public Reade Streets. Dimct.lccoss Required. All new lots, however created, shall have diFGGteR-inG#Feet access to a dedicated public road. If the approved plat provides for indirect access (i.e., over intervening private drives), access easements and driveway/drainage maintenance agreements, benefiting all lots with indirect access, shall 4 be provided and recorded at the same time the plat is recorded. Refer to Section 7.12.H. SUB-SECTION B To BE REPLACED WITH THE FOLLOWING: B. Driveway Access--General Standards. 1. Safe Access Required. Safe, convenient and adequate access to individual buildings by driveways shall be provided. Driveway access to collector and arterial streets shall be discouraged. No drivewav shall be so located as to create a hazard to pedestrians or motorists, or to invite or compel illegal or unsafe traffic movements. To the maximum extent feasible, new drivewavs shall aliqn directly across from existing drivewavs. 2. Backing Prohibited. A\\ multi-familv and non-residential off-street parkina spaces shall be accessible without backing into or otherwise reentering a public right-of-wav, unless it is physically impossible to provide for such access. See Chapter 10 "Subdivision" for flaapole lot requirements. 3. Access to Streets Required. Driveways to a nonresidential building site shall have â‚¬lifeet access to an approved public or private street or private right-of-way. 4. Grade Requirements. a. Finished Driveway Grades shall comply with the following: (1) Residential driveways shall have a maximum grade of twelve percent (12%), except that Staff may allow a greater maximum grade up to but not excooding 0>, provided that health and safety concerns and the need for adequate access for service providers are adequately addressed. (2) Driveways serving nonresidential uses shall have a maximum grade of nine percent (9%). (3) Driveway grades within twenty (20) feet of any intersection with streets and roads shall not exceed ten percent (10%) for single-family residential driveways and four percent (4%) for multi-family residential and nonresidential driveways. (4) Driveways shall to the maximum extent feasible follow natural contour lines. 5. Limits on Number of Driveway Curb Cuts. a. See Chapter 4, Â§4.4.D.3, for vehicular access and circulation requirements in the nonresidential zoning districts, including the CD district. b. To the maximum extent feasible, the number of new curb cuts shall be minimized by consolidation, shared driveways or other means. 7 Appx D, Road Design and Construction Standards VI11 Other Requirements c. Unless otherwise limitod or allowod by the applicablo zoning district regulations, oach lot shall havo no more than ono (1) driveway curb cut. No parcel of land shall bo divided in a way to preclude mooting this requirement, using doodod access casomonts across lots being created for shared access and ogrccs if nococcary. c. No driveway openings or curb cuts shall be allowed on State Highways except with approved access permit from the Colorado Department of Transportation. d. No lot shall be allowed more than two (2) driveway openings. e. Direct access onto arterial streets shall be permitted only when no other reasonable access is available. When direct access must be provided, arterial street frontaaes shall be limited to one (1) driveway opening per lot. f. Refer to Table 4-7 "Vehicular Access and Circulation Requirements - Nonresidential Zoning Districts" for additional requirements. 6. Shared Driveways. a. Shared driveways are strongly encouraged. b. Shared drivewavs mav be used on adjoining properties. c. Shared drivewavs require submittal of a maintenance agreement for recordation. d. Single-family. Driveways may be shared by up to four (4) single-family residential units lots or two (2) or more principal nonrosidontial uses. e. Multi-family Developments. A driveway may provide access for not more than ene . Aw#*eâ‚¬1.-6400> one hundred and twenty (120) vehicle trips per day. f. Non-residential. Driveways may be shared bv two (2) or more principal nonresidential uses. 7. Driveway Opening Requirements. a. Driveway openings shall not exccod thirty (30) foot in width at tho street lino. b. Driveway oponings chall be graded and drainage facilitios providod whoro necessary to prevont stormwator from ponding or running across any sidowalk or other podostrian way. a. Non-residential and Multi-family residential Driveway openings shall not exceed thirty (30) feet in width at the street line. Refer tb Section 7.11.K.2 for minimum driveway openings. b. Single-family residential and duplex driveway openings shall not exceed a cumulative width of 30 feet at the street. 0 8. Driveway Spacing. Unless otherwise limited or allowed by the applicable zoning district regulations (See Â§4.4.D.3), the following driveway spacing requirements shall apply: a. Arterial Streets. (1) To the maximum extent feasible, all driveways shall be spaced at least two hundred fifty (250) feet from the pavement edge of any other driveway on either side of the street. 8 â€¢ 1 Appx D, Road Design and Construction Standards VI11 Other Requirements (2) To the maximum extent feasible, all driveways shall be spaced at least two hundred fifty (250) feet from the pavement edge of an arterial street intersection. b. Other Streets. Collector Streets. (1) To the maximum extent feasible, all driveways shall be spaced at least one hundred fifty (150) feet from the pavement edge of any other driveway. (2) To the maximum extent feasible, all driveways shall be spaced at twenty (20) feet from the pavement edge of a nonarterial street intersection. c. Corner Lots. A driveway or curb cut on a corner lot shall be set back a minimum of fifteen (15) feet from the property line at the corner or shall be a minimum of thirty (30) feet from the cross street curb line whichever is greater. d. Property Lines. Drivewavs and sidewalks shall be set back at least three (3) feet from an adiacent property line unless owners of abuttina properties aaree in writing that the edge maybe closer to or abut their common property line. e. To the maximum extent feasible, new drivewavs shall allan directly across from existing drivewavs. 9. Driveway Design Requirements. a. All driveways serving ten-+40> eight (8) or more parking spaces shall be paved and constructed with a minimum edge radius of five (5) feet on both sides, and shall be surfaced with at least two (2) inches of bituminous paving material or four (4) inches of concrete. b. All driveways serving twenty (20) or more parking spaces shall be paved and designed and constructed meeting the standards applicable to a public street. 10. Driveway Construction Standards. a. Anv Portion of a driveway that is not on the subiect property shall be contained within the area between the street and the subiect property. See Figure D.1. b. Whenever possible, drivewhvs shall intersect streets at riaht angles. See Figure D.1. c. Driveway openings shall be graded and drainaae facilities provided where necessary to prevent stormwater from ponding or running across anv sidewalk or other pedestrian wav. d. All drivewavs shall be constructed in a manner that shall not cause water to enter onto the street and shall not interfere with the drainaae system within the right-of-wav. e. Where curbs exist, or are required, drivewavs shall be paved for their full width from curb to property lines. f. Where curb and gutter exist, a concrete pan shall be provided to carrv the flow line. g. Where a driveway crosses a sidewalk, the sidewalk shall be increased to a minimum depth of six (6) inches of concrete. h. Where a commercial driveway crosses a sidewalk, the sidewalk shall be increased to a minimum of eight (8) inches of concrete. 9 ". Appx D, Road Design and Construction Standards Vill Other Requirements i. Where a water meter pit is located in a concrete or paved driveway, a four foot bv four foot (4' x 4') concrete square with expansion ioints shall be provided and a traffic load bearing lid and rina shall be installed. j. Where curbs do not exist and a driveway crosses a drainage ditch, a culvert shall be installed bv the property owner at a diameter size according to the ditch capacity, but in no case less than fifteen (15) inches. The rhinimum length of anv culvert shall be five (5) feet greater than the driveway width or twenty (20) feet whichever is greater. k. Where sidewalks are removed for the construction of a driveway or entrance, thev shall be replaced with a concrete apron from the edge of the street to the back of the remaining sidewalk. Said concrete apron shall be constructed in conformance with applicable driveway approach details set forth in the Larimer Countv Road Standards. 1. Where curbs are removed for the construction of a driveway or entrance, thev shall be replaced with a concrete apron to be constructed in conformance with curb and gutter detail set forth in Appendix D.IX of this Code. m. All proposed drivewav paving shall connect to the paved street bv first saw cutting the existing road asphalt, full depth, bv the Davina contractor (or property owner), in a straight line, parallel to the edge of traveled wav. No irregularÂ·angles or iaaaed edges shall be left on the match line. n. An access that has a qate across it shall be designed so that the longest vehicle using the access can completely clear the traveled wav when the gate is closed. Property No Yes line -- .. (R.O.W.) Any Street Figure D.1 IV. STREETS AND ROADS This portion of Appendix D has been relocated to 11. Streets and Roads and, IV. Intersection and Driveway Visibility to facilitate ease of , understanding. IV. INTERSECTION AND DRIVEWAY VISIBILITY C. Intersection and Driveway Visibility. 1. /ntersec#ons. No fence, wall, hedge, landscaping, sign or other material or structure that will obstruct vision between a height of three (3) feet and eleven (11) feet shall be erected, placedor maintained within the sight visibility triangle formad by an imaginary 10 Appx D, Road Design and Construction Standards VI11 Other Requirements line starting at the point of intersection of property lines and extending thirty (30) feet from their point of intersection, as shown on the following illustration: Sight Visibility Triangle at Intersection VE:~uity T'7; ' ~ 1 VWbalty Tll=,gle R \ Property Line 30 feet ----%----------- Street Visibility triangle requirements may be increased when deemed necessary for traffic safety. (Ord. 18-01 #34) 2. Driveways. a. No fence, wall, hedge, landscaping, sign or other material or structure that will obstruct vision between a height of three (3) feet and eight (8) feet shall be erected, placed or maintained within the sight visibility triangle, as shown on the following illustration: Sight Visibility Triangle at Driveway I Not Buildable~ A \~ Not Buildable BontlownieÂ·-~1~ _ ___ __ 3Â£"' 4- < 10 feet ~ \ Parkway= \ 8 R. or less Street 11 -910 . Appx D, Road Design and Construction Standards VI11 Other Requirements The provisions of this Section may be waived if it can be shown that visibility will not be restricted either because of a turnaround driveway or a parkway (tree lawn) greater than eight (8) feet. (Ord. 18-01 #35) b. Driveways serving twenty (20) or more parking spaces shall have not less than two hundred fifty (250) feet of visibility in each travel lane entering an arterial street and not less than one hundred (100) feet of visibility on other streets. (Ord. 18-01 #34, 35, 10/23/01) V FLOOD PROTECTION. (This has been relocated to VII. below.) V. SIDEWALKS, PEDESTRIAN CONNECTIONS, AND TRAILS 1. Sidewalks. i ADA Requirements. All pedestrian facilities shall be designed in accordance with American Disabilities Act (ADA) regulations and the requirements of this Code; whichever is safer for pedestrians. t. Design. All sidewalks shall be designed in accordance with these standards. Slope, curve, vertical clearance, pedestrian crossing, underwalk drains, and other design elements shall be in accordance with Larimer County Standards. 6 Width. The minimum width of a required sidewalk shall be a minimum of five (5) feet in all residential zoning districts and the A-1 zoning district and a minimum of eight (8) feet in all other nonresidential zoning districts. 1 Location. The location of the sidewalk on a property will be determined on a case-by-case basis to account for, among other things, unique natural features and existing sidewalk location on adjoining properties; accordingly, in some instances, the sidewalk may be located outside of an existing right-of-way. e. Concrete Thickness. All detached sidewalks less than 8 feet in width and not within drivewavs shall be a minimum of 4-inch thick concrete. All detached sidewalks 8 feet and greater in width shall be 6 inches thick. All sidewalks within a driveway shall be a minimum of 6 inches thick. All attached sidewalks shall be a minimum of 6 inches thick. Sidewalks shall be a minimum of 8 inches thick where crossed bv commercial traffic. 2. Trails. a. Dedication of land shall be a minimum width of twenty-five (25) feet: b. Refer to the bicycle facilities design and technical criteria set forth in the Larimer County Urban Area Street Standards. VI. EROSION CONTROL An erosion control plan sheet shall be required with the construction plans for the subdivision or development. The plan shall be in accordance with the Urban Drainage and Flood Control District Drainage Criteria Manual, Federal requirements, and the State Stormwater Management Plan. 12 Appx D, Road Design and Construction Standards Vill Other Requirements Â¥16 TREE AND VEGETATION PROTECTION DURING CONSTRUCTION AND GRADING AG:nWRES (This has been relocated to VII. below.) VII. FLOOD PROTECTION The following design standards shall apply to all subdivision and annexation proposals for areas located within the area of special flood hazard: 1. All such subdivisions and annexation proposals shall include base flood elevation flood data. 2. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. 3. All new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. 4. All such subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. 5. All such subdivisions shall have adequate drainage provided to reduce exposure to flood damage. VI11. TREE AND VEGETATION PROTECTION DURING CONSTRUCTION AND GRADING ACTIVITIES A. Fencing. 1. Within the limits of disturbance, fencing, at a minimum, should be placed around each significant tree and around stands of twelve (12) or more smaller trees a distance equal to the size of the individual or outermost tree's drip zone. 2. For purposes of this subsection, the drip zone is calculated by measure the diameter of the tree at breast height; every inch of diameter is equal to one and one-half (1.5) feet of drip zone. For example, a twelve-inch diameter tree will require a minimum eighteen-foot-wide drip zone. 3. No construction, grading, equipment or material storage, or any other activity shall be allowed within this area, and the fencing shall remain in place until all land alteration, construction and development activities are completed. B Root Protection. 1. If it is necessary to fill over the root zone, compacted soils shall be avoided by sandwiching fabric, rocks and more fabric under the area to be filled. 2. Fill placed directly on the roots shall not exceed a maximum of six (6) inches in depth. 3. If fill creates a tree well or depression around a tree or shrubs, such area shall be drained so that the vegetation is not drowned by the pooling of rainfall or irrigation. 4. Utility trenches near trees should be avoided. If a line must be near a tree, tunneling, auguring or other mitigation measure shall be used. Cutting more than thirty percent (30%) of the roots endangers the health of the tree, and over forty percent (40%) affects the tree's stability. 13 . Appx D, Road Design and Construction Standards VI11 Other Requirements VI11. OTHER REQUIREMENTS IX. OTHER REQUIREMENTS A. Construction Approval. All subdivisions shall be designed and improvements made by the developer consistent with the requirements in this Code. Construction plans for all improvemonts must be approvod by the Public Works Director prior to construction. Construction plans for subdivisions shall be approved prior to final plat approval. < Construction plans for all developments shall be approved prior to issuance of first building permit. B. Qualitv Control. (Fesewed) Refer to Larimer County Road Manual for as-built, material testing, and professional engineer certification requirements. C. Repairs and Restoration. Developers of all sites and subdivisions shall be required to repair or restore any off-site damage that occurred during development, including, but not limited to, street repair, revegetation of disturbed areas and regrading. STREET CONSTRUCTION DETAILS D. Street Construction Details. Refer to Larimer County Road Manual Appendix C for additional street construction details. 24" 24 " Â· r ~ 61 1 1/2~R. nx I 1/2"R . 272-7 1-7 7 t , 2~R. 6 k, '0 ~~ k~-7- J - 0. y. ... - 1 ..... 10 E . .. .. . W 0 - . 4 1 14=4Â£-/-2 - CURB AND GUTTER 14 Appx D, Road Design and Construction Standards VI11 Other Requirements NOTE: THESE STANDARDS MAY BE APPLIED TO ASYMMETRICAL CUL-DE-SACS. THESE STANDARDS SHOW A ONE-WAY TRAFFIC DESIGN. TwO-WAY DESIGNS REQUIRE A MINIMUM WIDTH OF 20-FEET INSTEAD OF THE 15-FOOT SHOWN. THE CENTER ISLAND SHALL BE LANI)SCAPED. \U, R.O.W. 0) 50'Lk 2\ \ L HIGH PAINr/fj (MAY~ARY) / : NO CURB \- 4' SHOULDERS MIN. 45. 2~>gr----ce' -0.4% MIN, Â¥ 1.0% ~IN.- | ~ 14 HIGH PÂ¢INT .,#07 ~ VERTICAL CURB AND GUTTER Cul-de-Sac Details 15 * ~ VARIABLE ~ VARIABLE r VARIABLE VARIABLE â€ž- I' J Appx D, Road Design and Construction Standards VI11 Other Requirements < R.O.W. Varies (see Table D. 1) > < Surfaced Width (see Table D. 1) > Surface Course (3" minimum) f -2 5 foot sidewalk, minimum (as required) Vertical Curb and Gutter Base Course (4" minimum), (see detail) CDOTClass 6 or an approved equal Typical Street Section with Curb and Gutter * Road Profle C ro wn Slope <5% 2% 5%-8% 3% >8% 4% < R.O.W. Varies (see Table D.1) > *--- Surfacd Width Varies > (see Table D.1) Surface Course (3" minimum) ~ 2>bil27:73_, .,Â·1'-' '1''''tâ€¢'â€¢ tÂ·#-7r, LJ- I --Â«-5122 - J Base Course (4" minimum), Shoulder Width Varies (see Table D. 1) CDOT Class 6 or an approved equal Typical Street Section with Ditch 16 Appx D, Road Design and Construction Standards VI11 Other Requirements --T Curb, Gutter, and Walk Thickened /-Asphalt //~1~1.- p.c---2/t~ p-c Thi ckene d J Asphalt E- i Designed.j' L Designed Asphalt Asphalt 2W W 2W Thi ckne s s - - 2 Thi ckness I - Asphalt Paving Detail at Crosspans 17 Appx D, Road Design and Construction Standards VI11 Other Requirements RoadwayWidth ---,i.- 41 4 \W J//atpamsishlointcryph d,.1- Control Joint -g~ 3+~/ //[/ ControlJointRequired ~\,~~ *~ for Pans over 40 ' ~.~onitol Joints (Typ.) A - 1274 _/04 . 1 4,1 7/Lt=iN 3 ~- 1.lu~ ~TJhoint at to' o.c. A-J f To 01 Joint Transiton fmm C&G section to pan section, Dowell if Cold Joint typicalbothsides. Plan View NOTE: All intersections to have access ramps designed in accordance with ADA standards. 6' minimun (locaD 8' minimum (collector) 10' minimum (arteriat) . 1 4 * 8"Min forresidential. Use concretepavement design + 14" for collecte andarterials Section A-A Street Intersection Gutter Details 18 (POI) .54 I , 1 ~. . Appx D, Road Design and Construction Standards VI11 Other Requirements ITEM 2: Â§ 13.3 DEFINITIONS OF WORDS, TERMS AND PHRASES The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this Section: Cul-de-sac shall mean a local or private street with only a single means of egress and . ingress and having a turn-around at one (1) end. Driveway shall mean a paved or unpaved area used for the ingress and/or egress of vehicles, which allows access from a street to a building or other structure or facility, and which is not necessarily contained in a deeded right-of-way or easement. Drivewavs that exceed Shared Driveway standards set forth in Appendix D shall be considered streets. Street shall mean any public or private thoroughfare which affords a principal means of access to abutting property, and includes such terms as public right-of-way, highway, road, drive, lane, court and avenue. Drivewavs that exceed Shared Driveway standards set forth in Appendix D shall be considered streets. Street, Arterial shall mean any state or federal numbered highway, any street with a right- of-way width greater than sixty (60) feet, or any other street depicted as a "principal arterial" on the Estes Valley Long Range Transportation Plan (Map 5.10 in the Comprehensive Plan). Street, Collector shall mean a street that collects traffic from local streets and connects with arterials, and which is projected to average greater than throo hundrod (300) vchiclos between one thousand and one (1,001) and four thousand (4,000) vehicle trips per day at full development. Steet, Dead-end shall mean a local or private street with only a single means of egress and inqress. Street, Local shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic, and which is projected to average between GAG-hWAGIFed (100) and throc hundred (300) one hundred and twentv-one (121) and one thousand (1,000) vehicle trips per day at full development. Street, Sub-Local shall mean a street designed to provide vehicular access to abutting property and to discourage through traffic, and which is proiected to average one hundred and twenty (120) or fewer vehicle trips per dav at full development. ITEM 3: Chapter 7 "Access to Parking Areas" Section 7.11.K. Access to Parking Areas. 1. Backing Prohib#ed All off-street parking spaces shall be accessible without backing into or otherwise reentering a public right-of-way, unless it is physically impossible to provide for such access. 2. Driveways. Driveways shall have the following minimum widths at the gutter line, plus a minimum of one (1) foot additional clearance on each side of a vertical obstruction exceeding one-half (0.5) foot in height. 19 . Appx D, Road Design and Construction Standards VI11 Other Requirements Use Served Number of Spaces Width (feet) 6 or less 10 Residential 12 if 1 -way 7+ 20 if 2-way 2412 or less 12 if 1 -way c 20 if 2 way Nonresidential 26+20+ 15 if 1 -way 24 if 2-way Section 7.11.N Off-Street Loading Requirements. 2. Location. a. Required off ctrcct loading spaces chall not bc located within a building, but shall bc on tho sito of tho uco served or on an adjoining cito. Section 7.11.0. Parking and Loading Area Design Standards. 1. Markings. a. No change. b. No change. c. Parking lot striping shall be white. 2. Surfacing and Maintenance. A\\ off-street parking areas, loading areas and access drives servicing Gi*-46> eight (8) or more parking spaces shall be surfaced with at least two (2) inches of bituminous paving material or four (4) inches of concrete. ITEM 4: Chapter 10 "Subdivision Design Standards" 10.5.C.Streets and-Reads. 1. Please see Appendix D, "Read Street Desigri and Construction Standards." 2. All right of-way dedications to Larimor County for the purpose of strootc or roads shall bc in accordance wit tho Larimer County Transportation Plan Functional Road Classification System. 3. Vehicular Access and Circulation Requirements. Provision shall be made for vehicular access and circulation in the nonresidential zoning ,districts as shown in Table 4-7 below: 20 I. . . : | I f ..M 3, 4 42<, p .. ... I .Â»h...:.:i .f ,.,. -:...0-:.'..2..t-, .'34/434' 4. . .4.. I 1- LL, F - 4 - 4-g .:, ....9.. . .. UYNJ:I 4,0. W ' r. 0 , - ., ,Â·* - - 0 ...r,p-u'..t-- 6.- ~*- Jif i '.:.,0.... F?: -+:*t~-1 . 4.4 , .- r-9. 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'-, i Â· ..E.-' 25, f.- 9 Â·â€¢..3 544*'&4 '161...921.7. k. - 4 :-I ,...:AL : liu. 7 . ...p.&.- 9 154 2.0 6'14)' . .Re..re, -' '-14~ . - ... =2.-*0- . , el .1 . + -Â¢16 . . 912 h...:4 0 A.-1:.r : 1.- .... :A.. C..'',0:. -L-,1. I . 345:e 4Â»3â‚¬1&.tel *.10 0. .....64.- -4 4 . -,mr- I 4 04,21-JA.*.7.~ 5,<.*-Â·t~Â©,26 ' r? .S'.1 -11% . + .0- 91.<r.&1:.49,@4:Â»fth?#E.:-BA 9>Â»XF**râ€ž st_.34*4; ~-rÂ· . . . . . 3 . 9,/ 4 ..14. ~..pHI~ I I ./ I-.-I-. dential.Zon g C C -.- U) I.. CO (ID Lb , I ., -ID r 99 00 (D C.4 30 - I ar.*, - ...'.'. 4 /? 44:If ' 4 %, ' . 4 11. 0 '111111/- CO lizill' /31, CO Â¥2 1 29,441 1 '*'7 1, , ft Ll owe Â§ 6.8 USES ALLOWED ON NONCONFORMING LOTS A. (No changes) B. Nonconforming Lots in Nonresidential Zoning Districts. In all nonresidential zoning districts, a lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by any use permitted by right in the zoning district, provided that a by-right accommodations use shall not be developed on a lot with an area less than: 1. Forty thousand (10,000) square fect in the A zoning district, or 2. Fifteen thousand (15,000) square feet in the A-1 zoning district. Such uses shall be subject to all other applicable zoning district and development standards unless a variance is granted by the Board of Adjustment. Â§ 6.9 CONTINUATION OF NONCONFORMING USES OR STRUCTURES A. Continuation. 1. Authority to Continue. Nonconformities shall be allowed to continue in accordance with the requirements of this Section. a. Legal nonconformities shall not be determined by individual units. Legal nonconformities shall be determined on a per lot basis, based on overall development plan approval or condominium regime. b. Previous development Approval. Condominium properties or properties that have development plan approval authorizing permanent residency under the EVDC shall be considered legal nonconforming uses. c. Appeal Process. Within one (1) year from the effective date of this Code, property owners that have not been classified as legal nonconforming on the "map" on file in the Community Development Department office, shall have the ability to seek reclassification of their status. This shall be reviewed by Staff under the terms set forth in Section 6.9.Alb. Appeals to Staff decision shall be made to either the Town Board or the Board of County Commissioners, as appropriate. 2. Repairs and Maintenance. Refer to Section 6.3.B "Repairs and Maintenance." 3. Alteration/Extension. Structures may be altered or extended, provided that the alteration or extension does not result in a new violation of this Code. 4. Damage to or Destruction. Refer to Section 6.6 "Damage to or Destruction of a Nonconforming Structure or Structure Containing a Nonconforming Use." B. Change of Nonconforming Use. Refer to Section 6.4 "Change of Nonconforming Use." C. Discontinuance of Nonconforming Use. If the nonconforming use is abandoned or discontinued for a period of twelve (12) consecutive months, further use of the property shall be for a conforming use and its nonconforming status shall terminate. If a condominium association is dissolved, future condominiumization shall comply with the Estes Valley Development Code. If a site is razed, future development shall comply with the Estes Valley Development Code. D. Uses Allowed. 1. A lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by any use permitted by right in the zoning district, provided that a by-right accommodations use shall not be developed on an "A" Accommodations zoned lot with an area less than forty thousand (40,000) square feet. 2. Any future development, except as provided for in this Chapter, shall comply with previous condominium or development plan approval. In instances of future condominium conversions with historic mixed use, then condominium conversion would be allowed on a percentage basis. For example: if an older cabin operation or hotel had 10 units, and 3 of those have been historically used for residential use, then they could condominiumize 3 units as residential and the rest would be restricted to accommodations use. 3. Future land use approval, including condominiumization, requires compliance with EVDC in effect at the time, and with the following density calculations: Accommodation Unit =1,800 square feet of net land per unit; Residential Units: SF = 9,000 square feet of net land per unit; 2-Family = 6,750 square feet of net land per unit; MF = 5,400 square feet of net land per unit. April 27,2005 PROCEDURE FOR TRANSFER OF LIQUOR LICENSE TOWN CLERK. Will present the application and confirm the following: 0 The application was filed March 31, 2005 u The Town has received all necessary fees and hearing costs. n The applicant is filing as a Partnership m There is a police report with regard to the investigation of the applicants. m Status of T.I.P.S. Training: Unscheduled Scheduled Completed (Date: Pending Confirmation MOTION: Move the Transfer Application filed by EVRPD & WILLIAM & LORRAINE CARTER , doing business as Hanqar Restaurant at the Estes Park Golf Course for a Hotel & Restaurant License be approved/denied. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective the day of ,2 , between the TOWN OF ESTES PARK, COLORADO, A municipal Corporation, hereinafter referred to as (the "Town"), and THE ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as (the "Recreation District"). WHEREAS, the parties, along with the Park School District, No. R-3, entered into an Intergovernmental Agreement effective June 9, 1995, for the purpose of constructing and operating a Youth Center for the youth of the Estes Park area; and WHEREAS, the Youth Center was built and has been operated pursuant to the terms of that Intergovernmental Agreement; WHEREAS, the Town and the Recreation District have agreed to enter into this Intergovernmental Agreement for the purpose of operating the Youth Center in the future; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement for the above stated purposes. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE TOWN AND THE RECREATION DISTRICT AGREE AS FOLLOWS: 1. The Recreation District shall be responsible for all costs of operation of the Youth Center. Said operational responsibilities shall include, but not be limited to the following: a. The Recreation District shall be responsible for the operation, maintenance and repair of the Youth Center including, but not limited to, cleaning, janitorial service, trash removal, major and minor repair and maintenance of the buildings and the various mechanical systems, such as the heating and air conditioning. b. The Recreation District shall provide all necessary security for the Youth Center. c. The Recreation District shall be responsible for payment of all necessary utility charges in connection with the operation and maintenance of the Youth Center. d. The Recreation District shall hire the necessary personnel to fulfill the operational requirements of the Youth Center. Such personnel shall be hired and employed by the Recreation District, except that the Recreation District may employ, in its discretion, independent contractors to perform services required by the Recreation District. The Recreation District shall pay all applicable sales and use taxes, employment compensation, workers' compensation, employee's federal and state withholding, and FICA taxes that become due in connection with the operation of the Youth Center, during the term of this Agreement. 2. The Town and Recreation District shall provide the following insurance coverages: a. Recreation District - Public Liability Insurance. The Recreation District shall obtain Public Liability Insurance in respect to the activities to be taken by the Recreation District in connection with the operation of the Youth Center, in an amount not less than the limitations provided by the Colorado Governmental Immunity Act. This insurance may be by blanket insurance policy or policies. If the Recreation District shall insure against similar risks by self-insurance, the Recreation District, as its election, may provide for Public Liability Insurance in respect to the Youth Center, partially or wholly by means of an adequate self-insurance fund. The Town shall be an additional insured on this policy. b. Town Casualty and Property Damage Insurance. The Town shall carry Casualty and Property Damage Insurance in an amount equal to the full appraised replacement value of the Youth Center, or the full insurable value of the Youth Center, whichever is less. The Town, at its election, may provide for property and casualty insurance with respect to the Youth Center, partially or wholly by means of an adequate self-insurance fund. The Recreation District shall be named as an additional insured on this policy. c. Recreation District - Workers' Compensation Insurance. The Recreation District shall maintain workers' compensation insurance coverage during the term of this Agreement for all employees of the Recreation District used in connection with the activities and operations o the Recreation District at the Youth Center. Also, the Recreation District shall require that all independent contractors providing any labor or services for the Youth Center maintain workers' compensation insurance coverage. 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 2 , 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. 3. Term of the Agreement. The term of this Agreement shall be for five (5) years beginning on June 9,2005. 4. Damage, Destruction, Condemnation. If, during the term of this Agreement, (i) the Youth Center or any portion thereof, is damaged or rendered unusable by fire or other casualty; (ii) title to or temporary or permanent use of the Youth Center or any portion thereof shall be taken under the exercise of power of eminent domain by any governmental body or by any person, firm, or corporation acting under governmental authority; or (iii) a material defect in the construction becomes apparent; or (iv) title to or the use of any or all portions of the Youth Center is lost by reason of a defect in title thereto; the parties may terminate this Agreement. In the event of destruction or damage, the parties may agree to repair, replace, or restore the Youth Center, and if such agreement is made, the net proceeds from any insurance claim shall be applied to the prompt replacement, repair or restoration of the Youth Center. If the net proceeds are insufficient to pay the full cost of such replacement, repair or restoration, the parties may repair, replace or restore the Youth Center pursuant to a further agreement by the parties. If the parties determine not to repair, replace or restore the Youth Center, the net proceeds from any insurance claim shall be applied to returning the site to its pre-construction condition or to a condition as agreed by the parties. Any net proceeds remaining after repair, replacement or restoration of the Youth Center or termination of this Agreement shall be the property of the Town. 5. Termination by the Parties for Default. Any party shall have the option of terminating this Agreement in the event of default by the other party to the terms and conditions of this Agreement. The non-defaulting party shall give written notice of the default, specifying the nature of the default and giving said party thirty (30) days to cure the same. In the event that said default is not cured within said thirty (30) day period, the non-defaulting party shall be entitled to all damages incurred by reason of said default, including, but not limited to all reasonable attorneys' fees, expert witness fees and court costs incurred by the non-defaulting party. Where a party elects to terminate this Agreement following the giving of notice and failure to cure, termination is effective upon the giving of written notice to the defaulting party. 6. Annual Right to Terminate. Either party shall have the option of terminating its participation in this Agreement by giving written notice to the other party on or before December 1 of each year. Said termination shall be effective as of December 31 of said year. In the event of said termination, the terminating party shall have no obligation of any kind as of the effective date of termination. 3 7. Disbursement of Assets. Upon termination of this Agreement, for whatever cause and if the parties cannot agree on the future operation of the Youth Center and/or the disposition of the Youth Center assets including, but not limited to the building and the other assets within the structure, the Town shall sell the building at either public or private sale, the terms of which shall be in the sole discretion of the Town. The proceeds from such sale shall be used first to cover the cost of the sale, then to cover the restoration of the Property to its condition prior to construction of the Youth Center and all remaining proceeds shall be the property of the Town. Ownership of any assets within the structure shall revert to the owner of the same upon termination of this Agreement. In the event the owner of the asset cannot be determined, the Town shall have the right to said asset and may dispose of the same as the Town determines. 8. Relationship of the Parties. The Recreation District is not an agent or employee of the Town. The Town is not an agent or employee of the Recreation District. 9. Indemnification by the Recreation District. To the extent permitted by law, the Recreation District agrees to indemnify, hold harmless and defend the Town, its officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or action 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 Recreation District's intentional or negligent actions and/or omissions in the operation and maintenance of the Youth Center under the terms and conditions of this Agreement. 10. Indemnification by the Town. To the extent permitted by law, the Town agrees to indemnify, hold harmless and defend the Recreation District, and its officers, agents and employees, from and against all liability 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 or negligent actions and/or omissions in the construction of the Youth Center under the,terms and conditions of this Agreement. 11. Notice of Claim. The Town and the Recreation 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 part may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 12. Notices. All notices, demands or other documents required or desired to be given, made or sent to the parties under this Agreement shall be made in writing, 4 shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested as follows: TOWN OF ESTES PARK Attn. Town Administrator P. O. Box 1200 Estes Park, CO 80517 ESTES VALLEY RECREATION AND PARK DISTRICT Attn.: Executive Director P. 0. Box 1379 Estes Park, CO 80517 13. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof. 14. Applicable Law. 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 property only in Larimer County, Colorado. 15. Attorney's Fees. In the event either of the parties to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the terms and provisions of this Agreement and shall prevail in a final, non-appealable judgment entered by a court of competent jurisdiction, then the non-prevailing party shall reimburse the prevailing party for all reasonable attorneys fees, court costs, and reasonable expert witness fees incurred as a result of such proceedings. 16. Parties Bound. This Agreement shall bind the respective successors and assigns of the parties hereto. 17. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 18. Assignment. This Agreement may not be assigned by either party hereto without the written consent of the other party. 5 TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ESTES VALLEY RECREATION AND PARK DISTRICT By: President of the Board of Directors ATTEST: Secretary of the Board 6 Business Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Tom Pickering, Director, Estes Park Convention & Visitors Bureau Date: April 26,2005 Subject: Estes Park Visitors Center Background In their goal for 2004/06 the Town Board included a goal of evaluating the existing Visitors Center for accessibility and functionality. Following a review by Basis Architecture the Town Board directed Goal Team 3 to seek a qualified design build team and return with a Guaranteed Maximum Price on a 9,000 square foot Visitors Center, and a 130 car parking lot. The Goal Team prepared a Request for Qualifications and interviewed three local builders. Dallman Construction of Estes Park was selected as the contractor. Negotiations have been ongoing during the first quarter of this year. The goal team would like to present the following Guaranteed Maximum Price for the Town Board to review and approve. 1. 9,000 square foot visitors center to include a 2,000 square foot lobby for brochure distribution, Park displays, and Ambassadors work area. 24 hour lobby with restrooms, phones, vending machines and brochures. And a 3,000 square foot call center with offices for the convention bureau staff. An unfinished second floor has been incorporated for further expansion. 1 2. 130 car parking lot with bus corridors and parking, R.V. parking and a connection to the River walk. 3. Presentation by design team. Budget: The following are the prices for each component along with the budget 1. 9,000 square foot visitors center $1,275,000 2. 130 car parking lot $ 400,000 3. Project contingency and Bonds $ 100,000 Total Project Cost: $1,775,000 The funding will come from the 2005 budget and 2005 Community reinvestment funds as follows: 2005 Budget: CVB Building Phase 1 Design $ 50,000 CVB Parking Phase 1 Design $ 10,000 CVB Building Phase 1 $ 810,000 CVB Parking Lot $ 200,000 Community Reinvestment $ 705,000 Total Project Funding , $1,775,000 Recommendation: Goal Team 3 is recommending approval of the construction of the new Visitors Center with a GMP of $1,775,000. 2 Community Development Memo To: Mayor Baudek From: Bob Joseph :R*A CC: V.O. Date: April 20,2005 Re: Planning Commission appointment Rressed interest in this position: ~ Ike Eiser,lall~~ - - Â»3>170 Barney Treadway Frank Theiss Mr. Eisenlauer is a graduate of the Citizens Information Academy, and he is retired. Mr. Treadway owns and operates an IT/marketing services business. Mr. Theiss is a design professional with experience in land development, teaching and consulting. I feel that all three of these candidates are qualified to fill the vacancy. Also, I think as a general rule the CIA qualification should carry extra weight. 1 .1.