HomeMy WebLinkAboutPACKET Town Board 2006-03-28Fl LE . Prepared 3/20/06 Revised 3/23/06 I It t.' ... 4/ TOWN OF ESTES PARK 4 . 11" / V.·:ii f €f:#fitt>.*Cft.:' 40'41 .2 The Mission of the Town of Eetee Fark le to plan and provide reliable, hi0h-value servicee for our citizene, visitors, and employees. We take great pride eneurinG and enhancind the quality of life in our community by Deine 0ood stewards of public resources and natural eettin& BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 28,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 14,2006. 2. Bills. 3. Committee Minutes: A. Utilities, March 16, 2006 1. Pitney Bowes Dl -400 Fast Pac Inserting Machine - $7,193 - Budgeted. B. Public Safety, March 23,2006. Police Department 1. Summit Discovery Group to perform background investigations - Contract. 2. Digital Video In-Car Cameras - $10,040 - Budgeted. 3. Propertyroom.com - Contract. 4. Estes Valley Board of Adjustment, March 7,2006 (acknowledgment only). 5. Estes Valley Planning Commission, March 21,2006 (acknowledgment only). l A. PLANNING COMMISSION AGENDA (Approval of):
.. Mayor ProTem Doylen: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. MINOR SUBDIVISION PLAT A. Shanafelt Minor Subdivision, Lot 2, Prosser Subdivision, Gary & Christine Shanafelt/Applicant. 2. SUPPLEMENTAL CONDOMINIUM MAP A. Mary's Lake Lodge Condominiums, Supplemental Condominium Map #4, Units 12, 14,15, and 16, Lot 3, Mary's Lake Subdivision, Ram's Hom Development Co./Applicant. B. Stanley Avenue Condominiums, Supplemental Condominium Map Phase Ill, Units 505, 507, 511, 513, and 515, Lot 32B of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32, 33, 34,35, and Portions of Lots 1, 31, and 37, White Meadow View Place Addition, Stanley Avenue Condominiums, LLC/Applicant. 3. FINAL CONDOMINIUM MAP A. Lakeview Condominiums at Mary's Lake Lodge, Units 12A, 12B, 14A, 14B, 15A, 15B, 16A, and 16B, Lot 3, Mary's Lake Subdivision, Ram's Horn Development Co./Applicant. 4. FINAL SUBDIVISION PLAT A. Deer Ridge Subdivision, Amended Plat of Lots 3 & 4, Skoog Subdivision, Paul & Katherine Kochevar/Applicant. APPLICANT REQUEST CONTINUANCE TO APRIL 25,2006. 2. ACTION ITEMS: 1. RE-APPOINTMENT: ESTES PARK HOUSING AUTHORITY. Mavor Baudek. A. Eric Blackhurst, 5-yr. term, expiring 4/25/11. 2. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared.
/ ® hp LaserJet 3015 4»J HP LASERJET FAX invent Mar-24-2006 2:08PM Fax Call Report Job Date Time Type Identification Duration Pages Result 385 3/24/2006 2:00:06PM Send 5869561 1:17 2 OK 386 3/24/2006 2:01:28PM Send 5869532 1:34 2 OK 387 3/24/2006 2:03:07PM Send 5861691 1:55 2 OK 388 3/24/2006 2:05:07PM Send 6353677 1:34 2 OK 389 3/24/2006 2:06:46PM Send 5771590 , 1:43 2 OK rr
t Town of Estes Park, Larimer County, Colorado, March 14, 2006 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall said Town of Estes Park on the 14th day of March, 2006. Meeting called to order by Mayor Pro Tem Doylen. Present: Mayor John Baudek Susan L. Doylen, Mayor ProTem Trustees Richard Homeier Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Steve McFarland, Finance Director Gregory A. White, Town Attorney Suzy Schares, Deputy Town Clerk Absent: Trustee Jeffrey-Clark Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. GRADUATION CEREMONY: 2006 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Baudek, Museum/Senior Center Dir. Kilsdonk, and Town Administrator Repola - Present Participation Certificates to the following class members: Patricia Aitken Scott Allen Lowell Andrews Peni Barnes Eric Blackhurst Bob Citta Chuck Coffey Susanne English Richard Erbe Karen Ericson Ken Eschmeyer Lynda Lockwood Sadie Mason Tess McCabe Steve McFarland Larry Olson Julie Roederer Fr. Rex Rorex Suzy Schares Dorathea Sloan Karin Swanlund Julie Szabo Eric Waples Lynn Weissenrieder Sharry White Philip Zwart Mayor Baudek declared a 15-minute recess where a public reception was held immediately following the graduation ceremony. Mayor Baudek reconvened the meeting at 7:27 p.m. PUBLIC COMMENT. None. TOWN BOARD COMMENTS. None. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 28,2006. 2. Bills.
Board of Trustees -March 14, 2006 - Page 2 3. Committee Minutes: A. Community Development, March 2,2006: CVB 1. Team Penning Association Sept. 151h -17th - Contract. 2. Rocky Miniature Horse Show June 20'h - 25th - Contract. Museum 1. Lighting Upgrade - Lloyd Tackman Inc. & Village Maintenance - $5,650. B. Public Works, March 9,2006: a. East Exterior Staircase (Westover Construction) - $10,000 Budgeted. b. Interior Staircases (Abbey Carpet & Tile) - $10,500 - from Building Remodeling Line Item (Gen. Govt. Bldgs.). 4. Resolution #5-06 - Schedule public hearing date of April 11, 2006 for New Hotel & Restaurant Liquor License Application filed by Everest Kitchen, LLC dba THAI KITCHEN, 401 S. St. Vrain Ave. It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. CDOT HWY 34 RECONSTRUCTION. Public Works Project Manager Sievers reviewed the plan for the reconstruction of Highway 34 from the intersection of Hwy 34/36 to the Rocky Mountain National Park Fall River entrance. Doug Pierson, CDOT, stated full depth reclamation will be done from the RMNP entrance to the Stanley Village entrance and the remainder will be laid in concrete to the 34/36 intersection. The contract has 85 working days; however, the project is estimated to be completed in July if Wonderview Ave. (Hwy 34) is closed near the Safeway entrance for approximately 2 weeks and weather permitting. In addition, striping and paving will be completed at the intersection of Moraine Ave. and Crags Drive. Information regarding the project will be posted in the newspaper, radio, and distributed by flyer. 2. RMNP UPDATE. RMNP Superintendent Baker presented a video on air quality and reviewed the current steps being taken by the RMNP and the State of Colorado to improve air quality. Superintendent Baker mentioned RMNP will be adding a hiker shuttle to their shuttle system using the Town of Estes Park's Visitors Center as a hub. Town Administrator Repola explained the Town will also be adding a shuttle service using McDonalds Transit that will use the Visitor Center as a hub and will service Hwy 34 East and the downtown area. The Town's shuttle service will begin July 1, 2006 and will run through September 4, 2006 from 8:00 a.m. until 10:00 p.m. Superintendent Baker stated an automatic dispenser will be installed at the Town's Visitors Center and the Beaver Meadow Visitors Center to dispense park passes. The draft plan regarding Elk management will be released in mid-April. The Twin Owls Trail relocation is underway and will be completed the summer of 2007. 3. ADDITIONAL SALES TAX TRENDS. Finance Officer McFarland reviewed the sales tax trends since 2002. Internet and door-to-door sales have increased from 1 % to 6% of total sales tax revenue. Overall sales tax revenue has dropped in terms of real dollars. Discussion followed regarding Internet sales and sales tax. 4. RESOLUTION #4-06 RE-APPROPRIATION OF 2005 ENCUMBERED FUNDS TO THE 2006 BUDGET. Finance Director McFarland presented a resolution re-
Board of Trustees -March 14,2006 - Page 3 appropriating 2005 unexpended funds to the 2006 Budget. It was moved and seconded (Pinkham/Doylen) Resolution 4-06 be approved, and it passed unanimously. 5. ECONOMiC ADVISORY COUNCIL "ESTES PARK 2017" - VISION STATEMENT RECOMMENDATION. Trustee Pinkham presented the Economic Advisory Council's Economic Vision statement for a sustainable community: "Estes Park is a mountain resort community that cares about continuous improvement in our quality of life, building on our relationship with the National Park, honoring our historic influences and scenic corridors, strengthening our economic vitality, promoting active lifestyles, enhancing recreational and cultural opportunities, supporting families, and protecting the natural environment in and around the Estes community. To ensure the economic sustainability of our tourism based community, the vision includes the following: community character, economic sustainability, natural environment, recreational resources, housing, transportation and parking, and cultural resources." Recommendations were given to assist in accomplishing the vision. Trustee Pinkham requested retaining the Advisory Council as a resource and sounding board. Following discussion, It was moved and seconded (Doylen/Levine) the Town of Estes Park Economic Vision Statement be approved, and it passed unanimously. Trustee Pinkham presented the members of the Economic Advisory Council with a copy of the book "America's Switzerland" by James H. Pickering on behalf of the Town Board and staff for their commitment and time. 6. TOWN ADMINISTRATOR'S REPORT. A. Goal Team Final Report 2004-2006. Deferred until later meeting. Trustee Doylen reminded the community of the Open house at the new Visitors Center on April 7, 2006. Trustee Pinkham invited the community to attend a League of Women Voters sponsored presentation by Al Bartlett, Jim Westcott, and Pat Long in the Board room on May 2,2006. 7. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(E), C.R.S. - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators. Motion: It was moved and seconded (Doylen/Levine) the Town Board enter Executive Session the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6- 402(4)(e) , and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 9:32 p.nl. Mayor Baudek reconvened the meeting to open session at 10:23 p.m. 8. ADJOURN. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 10:24 p.m. John Baudek, Mayor
Board of Trustees -March 14, 2006 - Page 4 Suzy Schares, Deputy Town Clerk
' RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 16, 2006. 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 16th day of March 2006. Committee: Chairman Jeffrey-Clark, Trustees Newsom and Pinkham Attending: Chairman Jeffrey-Clark and Trustee Pinkham Also Attending: Administrator Repola, Public Works Director Linnane, Finance Director McFarland, Town Clerk Williamson Absent: Trustee Newsom Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT & POWER DEPARTMENT Folding/Inserting Machine - Request to Purchase The current Neopost SI 72 machine was purchased in 2000 to fold and insert electric and water bills, at the rate of approximately 10,000 per month. The machine has developed problems associated with normal wear and tear, and is obsolete with parts hard to come by. This can jeopardize the timeliness and efficiency of the billing cycle. Staff has considered outsourcing the entire billing process at an average cost of approximately $17,000. • Pitnev Bowes Dl -400 Fast Pac Inserting System Cycle Speed - 3,500 pieces per hour Maintenance Contract - $1,263 per year No trade in allowance Cost - $7,193 • Complete Mailing Solutions - Neopost S168 EZ Mailer 3 Cycle Speed - 2,750 pieces per hour Maintenance Contract - $1,695 per year Trade in allowance - 1-year free maintenance. Cost - $9,402 The life expectancy of the Pitney Bowes machine is 10 years. Trustee Jeffrey-Clark requested staff consider donating the Neopost machine to a nonprofit. Staff will look into donating the machine; however the Neopost will remain as a backup in the meantime. The Committee recommended approval to purchase the Pitney Bowes Dl -400 at a cost of $7,193 from the Light and Power Fund as budgeted. Reports 1. Light and Power Dept. Financial Report - Dir. Linnane and Dir. McFarland reviewed the report. 2. Outages have been reduced by 50% in the past few years due to the tree trimming projects and the use of coated cable. The tree trimming project has been outsourced and done during the off season. WATER DEPTARTMENT Reports 1. Water Financial Data - Dir. Linnane and Dir. McFarland reviewed the report.
1 2, RECORD OF PROCEEDINGS Utilities Committee - March 16,2006 - Page 2 2. The McGregor Mountain water tank is complete. 3. Water Accountability is at 85%. 4. Annual flushing will begin in April. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 8:34 a.m. Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 23,2006 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 23rd day of March, 2006. Committee: Chairman Newsom, Trustees Doylen and Homeier Attending: Chairman Newsom, Trustees Doylen and Homeier Also Attending: Chief Richardson, Chief Dorman, Deputy Clerk Schares Absent: None Chairman Newsom called the meeting to order at 8:00 a.m. POLICE DEPARTMENT. Background Investigations Contract - Request Approval. Chief Richardson explained the Police Department conducts a minimum of two background investigations for police officers and civilian employees each year. This process takes approximately thirty to forty hours of time, taking the investigator approximately three weeks to complete the assessment and report. Staff recommends outsourcing background investigations to Summit Discovery Group, a Denver based company, comprised of retired police officers trained in background investigations. Each background investigation which includes neighborhood canvass and suitability will cost approximately $875.00. Following discussion, the Committee recommends approval of acquiring the services of Summit Discovery Group to conduct employment background investigations for sworn and non-sworn positions. Purchase of Digital Video In-Car Cameras - Request Approval. Chief Richardson recommended purchasing two digital video in-car cameras from Watch Guard Video for an amount of $10,040.00. The in-car cameras benefit the Police Department by allowing immediate recording of evidence for presentation to prosecuting attorneys and assisting Supervisors and Commanders to reduce the number of invalid complaints made against officers. Following discussion, the Committee recommends approval to purchase two Video In-Car Camera Systems for the budgeted amount of $10,040.00. Propertyroom.com Contract - Request Approval. Chief Richardson stated PropertyRoom.com is a company that disposes of found property items and seized evidence. There is no direct budget impact; however, it would eliminate staff time required to perform this function. Staff recommends implementing the use of PropertyRoom.com to dispose of items maintained in evidence and storage excluding; firearms, knives, drugs, cash, and fireworks. Additionally, staff recommends applying the proceeds from this process to offset operating costs associated with advertisement expenses for public notification prior to disposal of property. Once operating expenses are met remaining proceeds could be applied to fund equipment and training needs of the Police Auxiliary Unit, ERT/SEU, and SRO program. Following discussion, the Committee recommends approval of the annual contract with PropertyRoom.com for services. Reports:
RECORD OF PROCEEDINGS Public Safety Committee - March 23,2006 - Page 2 1. Community Assessment - Officer Ray Meyer presented an assessment detailing how police officers can assist with the Town's appearance. The Police Department is in the process of developing a system of notifying the Code Enforcement Officer of violations and monitoring red tagged vehicles. 2. 2005 Restorative Justice Statistics - Restorative Justice Exec. Dir. Amanda Nagl reviewed the 2005 statistics. Restorative Justice manages approximately 30 cases per year. 80% of offenders have not re-offended in the last three years. 3. Byrne Memorial Grant Project - Chief Richardson stated the Police Department is applying for a technology grant to outfit the patrol cars with a mag-swipe reader. The total project cost is $79,000.00 and the town would have to match 25% of the grant. FIRE DEPARTMENT. Reports: 1. Assistance to Firefighters Grant - Fire Prevention & Safety - Chief Dorman stated a grant has been received to purchase a robot and puppet system for a fire safety educational program that targets youth under the age of 14 and adults over the age of 65. 2. National Fire Academy Weekend - Chief Dorman stated the Town of Estes Park will host the Colorado National Fire Academy Weekend May 18-21, 2006. The conference will be located at the Estes Park Holiday Inn Conference Center. 3. Up coming wildland season preparations - Chief Dorman stated indications show that it will be a busy wildland fire season. There being no further business, Chairman Newsom adjourned the meeting at 9:27 a.m. Suzy Schares, Deputy Town Clerk
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment March 7,2006,8:00 a.m. Board Room, Estes Park Town Hall Board: Chair Cliff Dill; Members Chuck Levine, John Lynch, Wayne Newsom, and Al Sager; Alternate Member Jeff Barker Attending: Vice-Chair Levine, Members Newsom and Sager; Alternate Member Barker Also Attending: Director Joseph, Recording Secretary Roederer Absent: Chair Dill, Member Lynch, Planner Chilcott, Planner Shirk Vice-Chair Levine called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the February 7,2006 meeting. It was moved and seconded (Newsom/Sager) that the Consent Agenda be approved, and the motion passed unanimously with one alternate member in attendance and two absent. 2. LOT 11, BLOCK 1, FALL RIVER ESTATES. 1341 David Drive. Applicant: Andrew J. Collins - Variance request from Estes Vallev Development Code Section 4.3, Table 4-2, to allow a residence to be built 15 feet from the front- and side-vard lot lines in lieu of the 25-foot setbacks required in the E-1-Estate zoning district Director Joseph reviewed the staff report. He stated this is a request to allow a portion of a proposed residence to be built fifteen feet from the northern and eastern property lines of a lot zoned E-1-Estate, which requires twenty-five-foot front- and side-yard building setbacks. There are special circumstances associated with this lot in that the majority of the lot is very steeply sloped and provides a very small buildable area. If the residence is built as proposed in this application, there will be some cut into the hillside, but the cut will be minimized by raising the finished floor of the house and not fully excavating the lower floor. The proposed location of the residence is on the flattest portion of the lot. Only a small portion of the proposed residence will encroach into the setback. Planning staff finds that the proposed home is in character with the neighborhood. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town of Estes Park Public Works Department and Upper Thompson Sanitation District. Staff has met several times with neighboring property owner Howard Speer, of 1361 David Drive, who has expressed concern about the potential architectural design of the residence. Public Comment: Paul Kochevar of Estes Park Surveyors and Engineers was present to represent the applicant. Discussion among the Board members, Director Joseph, and Mr. Kochevar followed regarding the steepness of the slope at the proposed location of the south corner of the residence. Mr. Kochevar clarified that the applicant did not desire a full lower level on the home, reducing the need to excavate or blast for that corner of the house. Member Newsom stated the variance is satisfactory, but the DRAFT
t. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 March 7,2006 applicant should be aware of what he is getting into. Member Sager stated he does not believe the placement of the home is to the benefit of the owner. It was moved and seconded (Newsom/Sager) to approve the variance request for Lot 11, Block 1, Fall River Estates, to allow front- and sid6-yard setbacks of fifteen feet in lieu of the twenty-five-foot setbacks required, with the findings and conditions recommended by staff, and the motion passed unanimously with one alternate member in attendance and two absent. CONDITIONS: 1. Compliance with the submitted plans. 2. Compliance with the comments in Greg Sievers' January 20,2006 memo. 3. LOTS 7. 8. and 9, JAMES-McINTYRE SUBDIVISION, 1820 Fall River Road, Applicant: Deer Mountain Properties, LLC, DBA Ponderosa Lodge - Variance request from Estes Valley Development Code Section 7.6.E.2.b to allow a hot tub to be placed approximately four feet from the annual high-water mark of Fall River in lieu of the 30 feet required in the A-Accommodations zoning district Director Joseph reviewed the staff report. He stated this is a request for a twenty-six- foot variance to allow a hot tub and a deck to remain approximately four feet from the annual high-water mark of Fall River in lieu of the minimum required thirty-foot setback. The property is zoned A-Accommoda#ons and is operated as the Ponderosa Lodge. The hot tub is connected via a deck to the lodge, which was constructed within a few feet of the river in 1982. The applicant purchased the property prior to the effective date of the Estes Valley Development Code. There are special circumstances associated with this lot in that the existing motel is located closer to the river than the deck and hot tub. This encroachment into the river setback reduces the quality of the riparian habitat much mdre significantly than the encroachment of the - deck and hot tub. Approval of the variatice will not substantially alter the essential charabter of the neighborhood and adjoining properties would not suffer a substantial detriment. If the variance is denied, the deck and hot tub must be removed from their location within the setback. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Upper Thompson Sanitatibn District and the Carimer County Department of Health and Environment. No comments were received from neighboring property owners. Public Comment: The applicant, Jim Tawney, was present. He stated lodge had been built in its present location in 1955. It was destroyed in 1982 by the Lawn Lake flood and rebuilt in the same location. The hot tub was installed in the spring of 2004. Mr. Tawney stated that he requested information from the Town Building Department regarding the necessary permits at the time of the hot tub installation. He was told he only needed an electric permit, which he obtained. A complaint by a neighbor resulted in further investigation and the necessity for the variance request. Warren Clinton, adjacent property owner of 2844 Fall River Road and owner of Castle Mountain Lodge at 1520 Fall River Road, spoke in support of the variance request. Discussion followed among the Board members and Director Joseph rega'rding the events that led to the hot tub being located within the river setback without intervention by. the Town staff. Because Mr. Tawney attempted to meet the Town's requirements when he installed the hot tub and because the encroachment into the setback is not substantial compared to the encroachment of the lodge, Members DRAFT
RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 March 7,2006 Barker and Levine stated their support of the variance request. Member Sager concurred and stated that approval of this variance request will not set a precedent for future requests. It was moved and seconded (Sager/Newsom) to approve the variance request for Lots 7,8, and 9, James-Mcintyre Subdivision, to allow a hot tub to be placed approximately four feet from the annual high-water mark of Fall River in lieu of the thirty feet required, with the findings and conditions recommended by staff, and the motion passed unanimously with one alternate member in attendance and two absent. CONDITIONS: 1. Compliance with the submitted plans. 2. Within fourteen working days of Board of Adjustment approval any applications required by the Town Building Department, Upper Thompson Sanitation District, and/or the Larimer County Department of Health and Environment shall be submitted. 4. REPORTS None. There being no further business, Vice-Chair Levine adjourned the meeting at 8:47 a.m. Chuck Levine, Vice-Chair Julie Roederer, Recording Secretary DRArT
RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission March 21, 2006, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Edward Pohl; Commissioners Wendell Amos, Ike Eisenlauer, George Hix, Betty Hull, Joyce Kitchen, and Doug Klink Attending: Chair Pohl, Commissioners Amos, Eisenlauer, Hix, Hull, Kitchen, and Klink Also Attending: Town Attorney White, Town Board Liaison Homeier, Director Joseph, Planner Shirk, and Recording Secretary Roederer Absent: Planner Chilcott Chair Pohl called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA Estes Valley Planning Commission minutes dated February 21, 2006. It was moved and seconded (Hull/Eisenlauer) that the Consent Agenda be accepted, and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. AMENDED PLAT, Mary's Meadow Development, Lots 2,4, and Outlot A, Mary's Lake Replat of Mary's Lake Subdivision, AND DEVELOPMENT PLAN 06-01 and PRELIMINARY CONDOMINIUM MAP, Mary's Meadow Development, Proposed Lot 4A, Mary's Meadow Replat of Mary's Lake Replat of Mary's Lake Subdivision, East of Mary's Lake Lodge at the intersection of Kiowa Drive and Mary's Lake Road, Applicant: Mary's Meadow Development, Inc. Director Joseph stated this is an amended plat, development plan, and preliminary condominium map proposal that would allow the development of thirty-five single- family and multi-family units located on proposed Lot 4A. Due to an accident involving the engineer of this project, final plans are not ready for Planning Commission review, and the applicant has requested the continuance of these items to the April 18, 2006 Planning Commission meeting. Additional written comments were received on March 14, 2006 from Deborah P. and Joseph W. Ford of 2800 Kiowa Trail, which primarily object to the proposed location of the common building. Because it was stated at the February 21, 2006 Planning Commission meeting that additional public input on this application would be taken at the March meeting, Chair Pohl opened the session to public comment. Public Comment: William Howell of 3025 Sioux Court·in Kiowa Ridge Subdivision stated his concerns regarding the deterioration of other co-housing developments and presented photos of said developments as an addendum to his letter of February 13, 2006 to the Planning Commission. He stated his objections to the proposed location of the common building and that the developer had not been receptive to requests to consider relocating the building. Joe Ford of 2800 Kiowa Trail stated his disagreement with planning staff's definition of the development as a multi-family condominium complex. He urged the Planning Commissioners to consider the use, design, and implementation of the proposed DIR,° -
RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 March 21, 2006 development as well as its impact on surrounding property. He stated his objections to the proposed uses of the common building, particularly as a community gathering place for daily meals. He reiterated his objection to the proposed location of the common building. Attorney White stated that planning staff attempts to mitigate the impact of proposed development on surrounding neighborhoods and that the Planning Commission does not have the authority to determine where the proposed common building will be located, provided it does not violate specific standards, such as building setbacks, contained in the Estes Valley Development Code. Director Joseph stated his belief that Mr. Ford misunderstands the terminology and that co-housing fits easily within the broader umbrella of residential use. Chair Pohl pointed out that as an accommodations-zoned property, the development could be much denser and could include a commercial restaurant. No representative of applicant was present. At the applicant's request, it was moved and seconded (Klink/Hull) to continue the Amended Plat request for Mary's Meadow Development, Lots 2,4, and Outlot A, Mary's Lake Replat of Mary's Lake Subdivision, and the Development Plan 06-01 and the Preliminary Condominium Map requests, Mary's Meadow Replat of Mary's Lake Replat of Mary's Lake Subdivision, to the April 18, 2006 Planning Commission meeting, and the motion passed unanimously. 4. AMENDED PLAT, Lots 1 & 2, Larimer Terminals Subdivision, 901 Juniper Lane, Applicant: Hawf & Mechem, LLC Planner Shirk stated this is a request to amend two lots by vacating a portion of unused right-of-way and an unused horse-trail easement that were platted with the original subdivision of Larimer Terminals in 1957. The horse-trail easement was not dedicated to the public but was a reserved right of the subdivider. As such, the Planning Commission does not have authority to ramove the horse-trail easement. The owner is currently working on a quiet title to vacate the horse-trail dasement and has requested continuance of this application to the April 18, 2006 Planning Commission meeting. Public Comment: None. It was moved and seconded (Kitchen/Hull) to continue the request for an Amended Plat of Lots 1 & 2, Larimer Terminals Subdivision, to the April 18, 2006 Planning Commission meeting, and the motion passed unanimously. 5. PRELIMINARY CONDOMINIUM MAP, Streamside Condominiums Phase 1, Lot 1, Streamside Amended Plat, 1260 & 1350 Fall River Road, Applicant: Streamside Cottages, LLC Planner Shirk reviewed the staff report. He stated this is a preliminary condominium subdivision proposal to divide existing units into individual ownership and provide for the potential development of additional units in the future. The property is currently operated as Streamside Cottages. Development Plan 05-05, which provides for twenty-four units, was approved by the Planning Commission on October 18, 2005. This request contemplates those units and provides building envelopes for the potential development of an additional twenty-four units. Approval of this preliminary condominium map would not provide a vested right for the additional development, which would be subject to full review at the time it is proposed. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were DRAFT
I , RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 March 21, 2006 received from the Town of Estes Park Public Works, Engineering, and Light and Power Departments, from Town Attorney Greg White, and from Estes Park Sanitation District. No written comments were received from neighbors. The Estes Park Sanitation District noted the existing service line is inadequate and needs to be replaced; the upgrade is currently in progress. Town Attorney White's comments were regarding the condominium declaration documents. A variety of comments from Town departments were received regarding the condominium subdivision as well as future development. The bridge on the property must be brought up to American Association of State Highway and Transportation Officials (AASHTO) standards; replacement of the bridge will be tied to future building permits for new units. All comments from affected agencies were included as suggested conditions of approval. Public Comment: Zach Hanson of Van Horn Engineering and Surveying was present to represent the applicant. He stated there is a generalized access easement across the property to provide access to the home located adjacent to the southeast portion of the site. The applicant is working with the homeowner to finalize a specific access easement. It was moved and seconded (Pohl/Kitchen) to recommend approval of the Preliminary Condominium Map, Streamside Cottages Phase I, Lot 1, Streamside Amended Plat, to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. Compliance with memo from Estes Park Sanitation District to Dave Shirk dated February 17, 2006. 2. Building envelope 5 shall not encroach into the building setback/easement. 3. Article 4 of the Declarations shall be amended to clarify that any additional units shall be subject to approval of the Town of Estes Park in accordance with applicable regulations of the then current Estes Valley Development Code, and that approval of this map does not in any way imply approval of the proposed number of units. This amendment shall be subject to review and approval of the Town Attorney. 4. Article Vlll(a)(1) of the Declaration shall be amended as to what the residential and commercial designations refer to, and how it relates to the units, and also how applicable regulations of the Estes Valley Development Code are affected by this provision. This amendment shall be subject to review and approval of the Town Attorney. 5. The Declarations shall be amended to address the existing units in building envelopes 5 and 6. This amendment shall be subject to review and approval of the Town Attorney. 6. Compliance with memo from Greg Sievers (Public Works) to Bob Joseph revised February 17, 2006. The AASHTO bridge will not be required until such time as a building permit for a new unit on the south side of the river is applied for. 6. PRELIMINARY CONDOMINIUM MAP, The Pines Condominiums at Estes Park, Lot 2, Pine Knolls Subdivision, 1155 S. St. Vrain Avenue, Applicant: Pines Condominiums Development, Inc. Planner Shirk reviewed the staff report. He stated this request is to allow the former Pine Knoll Apartments, which were built in 1982 as affordable senior housing units, to be subdivided and sold as individual condominium units. The Farmers Home Administration (FHA) funding requirements that the property be managed as affordable housing have expired. No additional development is proposed. The site is approximately 2.5 acres and is zoned RM - Multi-Family Residential. The lot contains forty-eight units in six buildings, a club house, and a parking lot. If built today, the development would require eighty-four parking spaces; fifty-four are DRAY'r
. RECORD OF.PROCEEDINGS Estes Valley Planning Commission 4 March 21, 2006 provided. The construction of additional parking spaces is not required because this is an existing development; however, planning staff recommends the condominium declaration address parking in order to prevent conflicts among future owners. Planning staff also recommends that the access easement crossing the northeast corner of the property be further delineated. Estes Valley Development Code adequate public facilities standards are reviewed and must be met with all condominium subdivisions, whether new construction or conversion of existing units. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town of Estes Park Public Works Department and from Upper Thompson Sanitation District. Public Works' comments regarding drainage, the electric metering plan, water fixtures, and driveway entrances have been included as recommended conditions of approval. Upper Thompson Sanitation District requirements include upgrading the sewer collection system to current standards and that the applicant provide a copy of the existing Joint Use and Easement Grant with adjacent property owners Craig and Carol Rouch. No comments were received from the Colorado Department of Transportation (CDOT) or from Town Attorney White. Neighboring property owner Ada McCracken contacted planning staff to inquire about the proposal but voiced no concerns when she understood that the request does not include any additional construction. No written comments were received from neighboring property owners. Public Comment: Mike Sollenberger, general partner of Estes Park Apartments, LLP, reviewed the history and current status of the funding and operation of Pine Knoll Apartments. He stated the partnership's 'desire to condominiumize the units and that ihey are in agreement with staff's recommended conditions of ,approval 1 through 6, but object to conditions 7 through 11. He referred to aletter from Attorney Lynn S. Jordan, one of the five authors of the Colorado Common Interest Ownership Act (CCIOA), which states the staff findings and recommendations cannot be imposed when the change under consideration is only in the form of ownership of the property. Town Attorney White stated he had reviewed Attorney Jordan's letter. This legal question has been raised numerous times in regard to the Estes Valley Development Code since its adoption in 2000. He stated the development code's adequate public facilities requirements have been consistently applied throughout the Estes Valley planning area, both within and outside of Town limits, and that CCIOA does not limit the Town or County's ability to impose adequate public facilities requirements as conditions of approval for subdivision into condominiums. Adequate public facilities requiremehts apply to any subdivision process. He noted this issue remains untested in Colorado or U.S. courts. Mike Todd of Cornerstone Engineering and Surveying commented on the Upper Thompson Sanitation District requirement to upgrade the sewer line to current standards, stating the existing sewer collection system meets the requirements of the 2003 International Plumbing Code. Director Joseph recommended the applicant present their concerns directly to the Upper Thompson Sanitation District Board of Directors for their review. Commissioner Hull stated her concerns about lack of adequate parking and questioned Mr. Sollenberger where overflow parking would occur. Mr. Sollenberger stated that a disclosure item to purchasers would be the limitation of only one vehicle per unit. Commissioner Kitchen questioned who would be responsible for the driveway improvements since CDOT had constructed the driveway pans. Greg Sievers of the Public Works Department responded, stating that even though the Highway 7 right- of-way is owned and maintained by CDOT, it is the property owner who is DRAFT
, RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 March 21, 2006 responsible for upgrades and maintenance of private driveways, including the connection to the highway. Adjacent property owner Ada McCracken, of 1089 Pine Knoll Drive, stated her objection to the proposed conversion of this property to condominium ownership. She noted that parking will be inadequate and there will not be a place for visitors to park. She stated her objection to the potential loss of tranquility in the neighborhood and the impacts of additional traffic on Highway 7. Director Joseph stated it is not within the power of the Planning Commission to require that the development remain a senior-housing complex. Discussion among the Commissioners followed regarding the applicant's option of appealing the sanitation district's requirement to upgrade the sewer system directly to the Upper Thompson Sanitation District Board of Directors prior to review by Town Board on April 25,2006. Commissioner Kitchen stated she disagrees with recommended conditions of approval 7 through 11; Commissioner Klink concurred, particularly in regard to the requirement to upgrade the sewer system. It was moved and seconded (Amos/Hix) to recommend approval of the Preliminary Condominium Map, The Pines Condominiums at Estes Park, Lot 2, Pine Knoll Subdivision, to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed. Those voting in favor: Amos, Eisenlauer, Hix, Pohl. Those voting against: Hull, Kitchen, Klink. CONDITIONS: 1. The north arrow shall be corrected. 2. The access easement crossing the northeast corner of the property shall be further delineated with a tie to a lot corner, distances, and directional bearings. 3. The condominium declarations shall include a section that regulates parking. 4. A water and electrical metering plan shall be submitted with the final map. 5. If future design or changes occur resulting in additional Fixture Value or Dwelling Units, the property shall be required to increase the size of the water service line; any cost associated with the increase in the water service line size shall be the responsibility of the condominium association. 6. Any new water service line or existing service line replacement shall require a Service Line Permit from the Building Department. 7. The sewer collection system shall meet current UTSD standards. 8. Per comments from the Upper Thompson Sanitation District, a Joint Use and Easement Grant between 1151 S. St. Vrain and this project should be submitted with the final map. 9. Typical concrete curb/gutter/cross pan details at the driveway connections shall be provided. 10. Driveway width sizing shall meet Estes Valley Development Code standards found in Appendix D. 11.A stormwater plan shall be provided with the final map. Chair Pohl called a five-minute recess at 3:10 p.m. 7. PROPOSED CHANGE TO ESTES VALLEY DEVELOPMENT CODE SECTION 4.4.D AND SECTION 13.3 TO ALLOW OUTDOOR ATMs AND INTERNET/COMPUTER KIOSKS IN THE CD-Commercial Downtown ZONING DISTRICT Planner Shirk stated that a variance request approved in the summer of 2005 prompted planning staff to propose the addition of language in the Estes Valley Development Code (EVDC) to allow automated teller machines (ATMs) and DRAFT
.. RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 March 21, 2006 internet/computer kiosks in the downtown area. He noted that banks are allowed in the CD zoning district, but they can't offer outside ATMs. There is already an existing exception in the EVDC for outdoor seating and dining in the CD district; a portion of the language for this proposed change was taken directly from the current EVDC. The additions would be made to Section 4.4.D.1.a.(3), Additional Zoning District Standards, and to Section 13.3, Definitiops, as follows: §4.4.D Additional Zoning District Standards. 1. Operational Requirements. a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District. (3) Exceptions. (e) Automated Teller Machine (ATM) and IntemeUComputer Kiosks along an exterior building wall intended to serve walk- up customers only. ATMs or kiosks shall not obstruct the movement of pedestrians through plazas, along ' adjoining sidewalks, or through other areas intended for public usage. §13.3 Definitions 128.5 IntemeUComputer Kiosk shall mean a device that allows the public to access the internet, send and retrieve e-mail, or access a computer. These shall be integrated within existing buildings and shall not be used to provide off-premise signage for other businesses. The display shall comply with the adopted sign code. Discussion followed, with Commissioners raising a variety of questions, including whether other localities have similar language in their regulations; who would own, operate, and maintain the proposed ATMs/kiosks; whether they could be free- standing; and whether the ATMs/kiosks would be regulated under the current sign code regulations._Staff agreed to further define the proposed changes and present them to the Planning Commission at the April meeting. Public Comment: None. In order to allow staff to provide additional information, it was moved and seconded (Hull/Klink) to continue the proposed additions to the Estes Valley Development Code Section 4.4.D and Section 13.3 to allow outdoor ATMs and Computer/Internet Kiosks in the CD-Commercial Downtown zoning district to the April 18, 2006 Planning Commission meeting, and the motion passed unanimously. 8. REPORTS None. There being no further business, the meeting was adjourned at 3:43 p.m. Edward B. Pohl, Chair Julie Roederer, Recording Secretary D RArT
.W I Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: March 23,2006 Subject: Shanafelt Minor Subdivision, Lot 2, Prosser Subdivision, Gary & Christine ShanafeIVApplicant Background. This is a minor subdivision application to divide one lot into two. The lot is located at the corner of Tranquil Lane and Highway 7, is zoned RM-Multi-Family Residential, and \s 1 82 acres in size. The applicant proposes to divide the lot into one 30,386-square-foot duplex lot (Lot 2B, 0.7 acres) and one 40,007-square-foot multi-family lot (Lot 2A, 0.92 acres). As it currently exists, the maximum allowable density on the lot would be thirteen units. If the proposed subdivision is approved, the maximum allowable density would be reduced by four units, with a development potential of seven units on proposed Lot 2A and development on Lot 2B limited to the two existing duplex units. No development is currently proposed. The property's zoning will not change-it has been zoned for multi-family use for at least twenty years- and the required setbacks will not change. At the February 21, 2006 Planning Commission meeting, property owners in the adjacent Tranquil Vale subdivision and owners of property immediately to the north of the Shanafelt property expressed concerns about the neighborhood impacts of the proposed subdivision and future multi-family development on this property. Residents of Tranquil Vale stated that - they had water pressure problems and 4-~ MLA..t expressed fears that subdivision and development --1 1 , J.F r···.a- . of this property will exacerbate those problems. Staff 1 £/Aid -&4=1 ' " u.~.v.,ep„ * Site " g has met with Tranquil Vale neighbors since the - j .ifT,-1 ·RM· / 2 Planning Commission meeting and verified that the 4 \---E-7-7;p--~ 8 proposed subdivision wiN not impact Tranquil Vale's ---1 £ 1 -1,611 /-7 -1 -Ar.'fanquu 41,/ ~ / water service. The Public Works Department is 1 / 7-1- 1-1 0 --1 Ilk
. I )'.. Town of Estes Pa,ic Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: March 23,2006 Subject: Mary's Lake Lodge Condominiums, Supplemental Condominium Map #4, Units 12,14,15, and 16, Lot 3, Mary's Lake Subdivision, Ram's Horn Development Co./Applicant Lakeview Condomfniums at Marv's Lake Lodge, Units 12A, 128, 14A, 14B, 15A, 15B, 16A, and 16B, Lot 3, Mary's Lake Subdivision, Ram's . Horn Development Co./Applicant Background. This property is located at 2625 Marys Lake Road and is an approximately five-acre lot, zoned "A" Accommodations/Highway Corridor. The applicant has submitted a supplemental condominium map application to condominiumize four units, Units 12,14,15, and 16. The applicant has also submitted a final condominium map application to create a sub- association, Lakeview Condominiums at Marys Lake Lodge. The four units created with the supplemental map will be further subdivided into eight condominium units, 12A, 12B, 14A, 148,15A, 158, 16A, and 168. The eight unit owners in the sub-association will have four votes in the master association. These eight units were constructed in accordance with approved Development Plan #00-07A. Budget. None. Action. Approval of the condominium map applications with the condition that (1) the dedication statements dedicate utility easements for drainage use, a letter from an attorney shall be submitted addressing Note #6 on the Marys Lake Lodge Supplemental Map #6 concerning the Unit 1 Limited Common Element (LCE), minor corrections to the LCE labeling shall be made.
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola Fronn: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: March 23,2006 Subject: Stanley Avenue Condominiums, Supplemental Condominium Map #2, Phase Ill, Units 505, 507, 511, 513, and 515, Lot 32B of the Amended Plat of Lots 32A and 33A of the Amended Plat of Lots 32,33,34,35, and Portions of Lots 1, 31, and 37, White Meadow View Place Addition, Stanley Avenue Condominiums, LLC/Applicant Background. Stanley Avenue Condominiums, LLC (Rock Castle Development Company, Manager) has submitted a supplemental condominium map application to condominiumize five residential units. The site, located between Stanley Avenue and South Saint Vrain Lane, is 2.136 acres and is zoned "RM" Multi-Family Residential. On January 25,2005, the Town Board approved the first supplemental condominium map for this property. This supplemental map is consistent with the revised Development Plan #03-16, which proposes construction of twenty-three units. Twenty-six units were originally approved, including three attainable units. Sixteen units have been constructed. Budget. ~231 / None. 4\ Action. 2 -h/1 Chndos Approval of the Stanley Avenue 1 --»-_ « "RIVIp Condominiums Supplemental Condominium __4- J --.-lij 1 Map #2, Phase 111, with the condition that the ~ c ~~-~----~ ;14 condominium declaration be revised to -1--4 - reserve the right to build twenty-three rather L E-- h~ than twenty-six units. 41-24// 4 76-
now aware of the neighbors concerns about their water service. Budget None. Action. Approval of the plat conditioned on compliance with the February 21, 2006 conditions of approval recommended by the Estes Valley Planning Commission. •Page 2
Estes Park Housing Authority . March 14,2006 Honorable Mayor John Baudek Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek, It is with great pleasure that the Board of commissioners for the Estes Park Housing Authority recommends extending Mr. Eric Blackhurst's term as commissioner for the Estes Park Housing Authority, for another five year term. If approved by the Board of Trustees, Mr. Blackhurst will serve a five-year term commencing on April 25,2006 and expiring April 25,2011. We respectively request the Board of Trustees accept our recommendation. The EPHA commissioners are excited about Eric's pending appointment and are confident that his commitment to our board and to affordable housing will both compliment and mirror that of the Trustees. Eric brings a keen business sense as well as a passion for affordable housing to the Estes Park Community. Should you have any questions or concerns on this matter, please do not hesitate to call. Sincerely, 44uu-tp~ Rita Kurella Executive Director Estes Park Housing Authority EOUAL HOUSING OPPORTUNITY (970) 577-3730 • RO. BOX 1200 • 170 MAC GREGOR AVENUE • ESTES PARK, CO 80517 • FAX (970) 586-0249