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Home My WebLink AboutPACKET Town Board 2010-10-26Prepared 10/15/10 FLE- * Revised 10/22/10 TOWN or ESTES PARIÂ© The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 26, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 12, 2010, Town Board Study Session Minutes dated October 12, 2010 and Town Board Budget Study Session Minutes dated October 1, 2010. 2. Bills 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee, October 14, 2010. 1. Park R-3 School District Resource Officer Agreement for 2010/2011. 2. Water Department Utility Truck Replacement - $40,719.10, Budgeted. 3. Concrete Rehabilitation, Cornerstone Concrete - $50,000. Budgeted. 4. Estes Valley Planning Commission Minutes September 21, 2010 (acknowledgement only). 5. 2009 International Codes - Motion scheduling the Public Hearing on November 23, 2010 for adoption of the 2009 International Codes. 2 LIQUOR ITEMS: 1. PUBLIC HEARING: NEW 3.2% OFF-PREMISE LIQUOR LICENSE APPLICATION FILED BY SAFEWAY STORES 46, INC. dba SAFEWAY FUEL #920, 621 BIG THOMPSON AVENUE. Town Clerk Williamson. f NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. h. 0 3. REPORTS AND DISCUSSION ITEMS: 1. BOARD LIAISON UPDATES. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham: 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. SUPPLEMENTAL CONDOMINIUM MAP 1. The Promontory at Kiowa Ridge Condominiums, Supplemental Map #6, Lot 6, Marys Lake Replat, Kingswood Homes, Inc./Applicant. 5. ACTION ITEMS: 1. APPOINTMENT OF LOCAL MARKETING DISTRICT (LIVID) BOARD MEMBERS. Town Clerk Williamson. â€¢ Lindsay Lamson, 4-year term effective January 1, 2011, expiring December 31, 2014. â€¢ Chris Wood, 4-year term effective January 1, 2011, expiring December 31, 2014. 2. ORDINANCE #22-10 ELIMINATION OF THE 3.33% VENDOR FEE. Town Clerk Williamson. 3. ORDINANCE #23-10 PROHIBITING MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURING. Attorney White. 4. ORDINANCE #24-10 AMENDMENTS TO SIGN CODE CHAPTER 17.66 OF THE MUNICIPAL CODE. Director Joseph. *5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(f), C.R.S. - For discussion of a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. Motion: I move the Town Board go into Executive Session- For the purpose of discussing a personnel matter; not involving any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees., under C.R.S. 24-6-402(4)(f). 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the ..1/'-Il-/. Ar,pnria waq nrenmrpri Â· Jackie Williamson From: Admin iR3045 Sent: Friday, October 22, 2010 4:59 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3628 ST. TIME 10/22 16:46 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 6922611 EP News ERROR ----- 1 Prepared 10/15/10 * Revised FILe 4 150 e TOWN op GrES PARK~ The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 26, 2010 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 12, 2010, Town Board Study Session Minutes dated October 12, 2010 and Town Board Budget Study Session Minutes dated October 1, 2010. 2. Bills 3. Committee Minutes: A. Public Safety, Utilities, Public Works Committee, October 14, 2010. 1. Park R-3 School District Resource Officer Agreement for 2010/2011. 2. Water Department Utility Truck Replacement - $40,719.10, Budgeted. 3. Concrete Rehabilitation, Cornerstone Concrete - $50,000. Budgeted. 4. Estes Valley Planning Commission Minutes September 21, 2010 (acknowledgement only). 5. 2009 International Codes - Motion scheduling the Public Hearing on November 23, 2010 for adoption of the 2009 International Codes. 2 LIQUOR ITEMS: 1. PUBLIC HEARING: NEW 3.2% OFF-PREMISE LIQUOR LICENSE APPLICATION FILED BY SAFEWAY STORES 46, INC. dba SAFEWAY FUEL #920, 621 BIG THOMPSON AVENUE. Town Clerk Williamson. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. REPORTS AND DISCUSSION ITEMS: 1. BOARD LIAISON UPDATES. 2. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham: 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. SUPPLEMENTAL CONDOMINIUM MAP 1. The Promontory at Kiowa Ridge Condominiums, Supplemental Map #6, Lot 6, Marys Lake Replat, Kingswood Homes, Inc./Applicant. 5. ACTION ITEMS: 1. APPOINTMENT OF LOCAL MARKETING DISTRICT (LMD) BOARD MEMBERS. Town Clerk Williamson. â€¢ Lindsay Lamson, 4-year term effective January 1, 2011, expiring December 31, 2014. â€¢ Chris Woods, 4-year term effective January 1, 2011, expiring December 31, 2014. 2. ORDINANCE #22-10 ELIMINATION OF THE 3.33% VENDOR FEE. Town Clerk Williamson. 3. ORDINANCE #23-10 PROHIBITING MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURING. Attorney White. 4. ORDINANCE #24-10 AMENDMENTS TO SIGN CODE CHAPTER 17.66 OF THE MUNICIPAL CODE. Director Joseph. 5. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the AnpnrIA wAR nrenpred 4 Jackie Williamson From: Admin iR3045 Sent: Wednesday, October 20, 2010 2:42 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 3600 ST. TIME 10/20 14:34 PGS. 2 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL Â· 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 6922611 EP News ERROR ----- 1 October 28, 2010 To: Board of Trustees, Town of Estes Park, Colorado From: Johanna Darden, Full-Time Resident, 501 Mac Gregor Avenue, Estes Park, CO At the September 2010 meeting of the Estes Valley Planning Commission, Alison Chilcote of the Planning Department made a visual presentation of what PUDs could look like. She said she did this research so citizens would have an opportunity to visualize how these structures would fit into our community. I don't know on what authority she decided to do this. Since the issues involved with PUDs are not at this time what we visualize, but rather if we want to change the code to allow freer development which will cause more density and other problems. I believe it is premature to spend time working on such a presentation. I am concerned because the Estes Valley Planning Commission at their September meeting directed Staff after hearing Alison Chilcote's presentation to prepare a draft visual preference study focusing on Moraine Avenue and Cleave Street. They want the study to help generate discussion about the type of development which revised PUD regulations would allow, i.e., development that may not be achieved with the current base zoning district regulations and key regulatory features. If the code is changed in the manner just mentioned, I believe it would involve more than development at Moraine Avenue and Cleave Street. So it is my hope that the Board will ask the Planning Department to stop working on their presentation and deal with actual problems ofthe proposed code change. This change cannot be looked at as affecting only Moraine Avenue and Cleave Street. Public comment should be open and not hindered by a presupposition that the code will be changed. It is a mistake to think that telling us to choose among the visual preferences is the proper way to sway us in thinking a change in the PUD ordinance is a good idea. I would like these comments entered into the Public Record. Thank you for hearing my concerns. October 26,2010 To: Board of Trustees, Town of Estes Park, Colorado From: <!phylna Darden. Full-Time Resident, 501 Mac Gregor Avenue, Estes Park, CO The Final Master Plan and 3D Model Bird's Eye View from southwest corner, Figure 12 on page 48 of the Bond Park Master Plan indicates that most of the trees existing now in Bond Park will be replaced by new small trees. When I mentioned my concern that our large, old trees will be removed, Trustee Levine said he hoped they would be preserved. I would like to know what preparations and plans have been made to do this. Construction close to the roots of these trees most likely will cause them to die. There are large and healthy trees in the Northeast and Southwest corners of Bond Park and well as the South side of the Park. It appears that the large Spruce trees in the Northwest corner and the deciduous trees in the Southeast corners are to remain. Trustee Levine is on the Tree Board. The mission ofthat Board states: To protect and promote trees for the present and future. I do not believe there was anyone specifically representing the Tree Board at the Focus Group meetings on July 22,2009. It is important that Bond Park keep its existing healthy trees. More trees can be planted in the Park as well. It is also a concern that the Northeast corner o f Bond Park will be paved over. If an ice skating rink is rej ected by the citizens, which is likely, the grass there can remain. This will keep the Park more like what a park should be. I ask you, do the plans submitted by the engineers for Phases I and III o f the Bond Park renovation include plans to preserve the existing trees? I don't see evidence ofthis. Please preserve these existing trees. It took them a long time to grow! Please enter my comments in the Public Record. Thank you for listening to my concerns. Town of Estes Park, Larimer County, Colorado, October 12, 2010 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 12th day of October, 2010. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Greg White, Town Attorney b Jacquie Halburnt, Town Admirlistrator Jackie Williamson, Towri' Clerk /9/ 6 Absent: Chuck Levine, Mayor,Prp Tem ,. Lowell Richardson, DÂ®Uty,36*n Administrat~ r ,/ Mayor Pinkham called the meetitig to.order at 7?00*m. and all desiring to do so, recited the Pledge of Allegiance. 16. :i>\ 1 : 1 \ h PUBLIC COMMENT - Â£ h I X ' Charley Dickey/Town citizen thanked the Lodal,Marketing District (LMD) and the Town Board for support on',th~ 2nd annual Winterfest on January 14th - 17th. He would support the Town*earmarking $200,000 to 8ftset the shortfall in the LMD 2011 operating budget. He comAGAted on the Auccess of the'past weekend Sidewalk sale. TOWN BOARD COMMENTS/ Trustee Blackhurst reminded the public the -combined Public Safety, Utilities and Public Works Committee +meeting Would be held on Thursday, October 14, 2010 at 8:00 a.m. in the Board Room. \\ ' 3Â·. K 4% i i 'P, Trustee Ericson stated tile Sidewalk sale was a success and that merchants followed the rules redarding the; a~dequate space on the sidewalk for pedestrians. He commented mail ballots"for the General Election have been mailed and early voting would begin next week in Town Hall. Two League of Women Voter forums would be held on the issues and the candidates. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 28, 2010 and Town Board Study Session Minutes dated September 28, 2010. 2. Bills. 3. Committee Minutes - None. 4. Resolution #13-10 - Schedule public hearing date of October 26, 2010 for a New 3.2% Off-Premise Liquor License application filed by Safeway Stores 46, Inc. dba Safeway Fuel #920,621 Big Thompson Avenue. It was moved and seconded (Blackhurst/Miller) the Consent Agenda be approved, and it passed unanimously. . Board of Trustees - October 12, 2010 - Page 2 2. ACTION ITEMS: 1. REAPPOINTMENT OF JONATHAN FORD TO THE ESTES VALLEY PUBLIC LIBRARY DISTRICT BOARD, 4-YR. TERM, DECEMBER 31, 2014. The Estes Valley Public Library District has requested the reappointment of Jonathan Ford to the Estes Valley Public Library District Board of Trustees for a 4-year term expiring December 31, 2014. It was moved and seconded (Ericson/Koenig) to approve the reappointment of Jonathan Ford to the Estes Valley Public Library Board of Trustees for a 4-year term expiring December 31, 2014, and it passed unanimously. 2. APPOINTMENT OF JACQUELINE HALBURNT TO. THE PLATTE RIVER POWER AUTHORITY, COMPLETING TERM OF R. BERGSTEN, EFFECTIVE NOVEMBER 1. 2010 AND EXPIRING DECEMBER 31<2011. In September, the Town completed an interview process for the Utility Director position and was not successful in findiri~g, 6 'viible candidate. Brian Moek/PRPA Manager has suggested Town Administrator Halburnt replace Reuben Bergsten/Utility Engineer on the Board until the Director position has been filled. The appointment would,bd effective November 1, 2010 and expire on December 31, 2011. Trustee Encson stated the change in'ttle*appointment should have taken place several 'Indnths ago'ahd commented:.the current action was not appropriate at this *tinte./It.,was moved and seconded (Koenig/Blackhurst) to approve the appbint,n~nt of Jacqueline Halburnt to replace Reuben Bergstdn ottthe Platte River Power Authority Board for the remainder of the term effettive November 1, 2010 and expiring December 31, 2011, and it Assed with Trustee Endson voting "No" \\I /16/%.-,\2~.#2. 3. REPORTS AND DISCUSSION ITEMS: // 1 hi 1. NATIONAL PARKS ADVISORY cbMMITTEE UPDATE. Grand Lak6 Mayor Judy Burke-yas UnÂ®le to attend the meeting. The item will be reschedulad fooaIfuture Boatdmebting 2/SIGN CODE UPDATE. Director Joseph.presertted an overview of the sign code review process over , 'the past 2 years iQcludinglhe formation of a stakeholder committee, outlining tRgignificant changes, including the addition of illustrations to the code, new code language tb address the temporary signage needs of local non-profit fundraiâ‚¬g events:non-profit banners, new process for Creative Signs, and a proceds,for 114ring variance requests by the Creative Sign Review Board. Community Dev@lopment staff would develop a handbook for new businesses once the sigrE code has been adopted and would begin code enforcement of the new code. Staff anticipates the revised code would be considered by the full Board by the end of the year. 3. TOWN BOARD LIAISON UPDATES. Trustee Miller stated the Local Marketing District has presented its 2011 operating plan to the Town and County for review and approval. Visitation at the park is up 1.5% over last year, visitor guide requests are up 16.7%, and downloads are up 58% over last year. The LMD meetings would move from the second and fourth Tuesdays to the first and third Tuesdays of the month. Trustee Ericson commented SOPA has formally adopted a committee structure and continues to work on a draft business plan. Trustees Ericson and Miller stated the Transportation Visioning Committee met on October 5th to discuss the purpose and desired results of the committee. The next meeting would be Board of Trustees - October 12, 2010 - Page 3 th held on October 19 . Mayor Pinkham suggested the committee take meeting minutes. Trustee Elrod stated the Estes Valley Planning Commission regular meeting would be held on October 19th with the study session beginning at 11:00 a.m. Trustee Blackhurst stated the Estes Park Housing Authority regular meeting has been rescheduled to October 20 in Room 130 to discuss the needs assessment. 4. TOWN ADMINISTRATOR REPORT. Budget study sessions continue the next two Fridays at 8:00 a.m. in the Board Room and encouraged the public to attend. 5. MEDICAL MARIJUANA CENTER. .AN A moratorium was passed by the Town Board ip/J,n@ 2010 for one year to prohibit any medical marijuana dispensaries optheraffiliated activities related to medical marijuana in anticipation of the stqted*Delobipg regulations by July 2011. Larimer County passed a moratorium tllisi summer to prohibit dispensaries in the unincorporated areas#60arimer Couttty including the Estes Valley. The County has banned dispehsaries and are assessing whether or not to grandfather the existing faciltiesr AttomeÂ¥2Nhite commehted the state regulations include the ability for countyand municipalities to ban & opt out of the licensing of marijuana facilities by<Jolyyf2011. After July 1, 2011, any county or municipality that has not takeh#actiofi to ban the facilities would be required to have a licensing procedure in place. A ban would not affect the ability of an individual or primary caregiyer from Po~sessing a limited amount of medical marijuana. Chief Kufeldtreviewed* information from otlior local agencies regarding marijuana astodiated ~crimes, including Windsor, Fort Collins, Loveland and Lyons. Most'entities stated an increase in criminal activity such as DUIDs, burglariest child neglect, hyme invasions and secondary sales. ./ I Those speakihg dgainst medical marijuana centers in Estes Park included .,Wayne, and. Pat Newsom/Town citizen, Jim Cope/Town citizen, George k,/ .Crislip/Town ditizerf George Hockman/Town citizen, and Charley Dickey/Town : ~citizen. Comtnents included the first step to hard drugs is the use of marijuana; 1 Estes Park citizens can obtain medical marijuana from surrounding towns or through companies:using Fed Ex; research is limited on the use of marijuana and mostly testimonial; physicians continue to write prescriptions for a fee; concern*d with-the image of the Town if the facilities are allowed; there are no physicians writing prescriptions at this time, and therefore, no one to monitor those using ,marijuana; and law enforcement will have an increase in enforcement activities. Those speaking in favor of medical marijuana centers in Estes Park included Mary Ann Wall/Town Citizen, Vern Emory/County citizen, Jim Tawney/Town citizen, Josalin Livingstone/Town citizen, Mike Bilos/County citizen and Ed O'Farrell/Town citizen. Comments included: there is a place and a need for the mature use of marijuana for valid medical conditions; the tax revenue could benefit the community to support schools; facilities in Estes would create jobs and tax receipts; place it on the ballot for the electorate to vote on the issue; the Town should allow the free market and licensing of the product to control the number of dispensaries operating within the community; and dispensaries should be allowed; however, they should not be allowed in historic buildings or the downtown zoning district. Board of Trustees - October 12, 2010 - Page 4 Board comments are summarized: several medical marijuana centers have tried to locate in Estes Park downtown; a major concern is the fact there are no physicians locally to care for the patients using marijuana; a special election could be held to determine if centers should be allowed; the Board needs to consider our citizens and community when making a decision on medical marijuana centers; there needs to be follow-up care for those using marijuana, therefore, users need to get care down valley where centers are already located; and there are several issues that would need to be addressed if centers are located in Estes Park including zoning, licensing and enforcement. After further discussion, it was moved and seconded (Koenig/Blackhurst) to direct staff to prepare an Ordinance banning medical marijuana centers, optional grow operations and infused products for the Boards consideration at the October 26, 2010 Board meeting, and it passed unanimously. /1 r 1 1 4 Whereupon Mayor Pinkham adjourned the meeting 8.54 prm>: \ 6\ \\ # 1 William'C. Pinkham 5 ./. N \ Jackie Williamson, Town Clerk t. Â©(05 , 9 \/ , 9-6 2 / I h ,/ /0.1.-99â‚¬..(.(1:11 Â»%â‚¬ 11 16 \:4, j) RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 12, 2010 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 & 203 in said Town of Estes Park on the 12th day of October, 2010. Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller Also Attending: Town Administrator Halburnt, Town Attorney White, Directors Kilsdonk and Town Clerk Williamson Absent Deputy Town Administrator Richattlson, Mayor Pro Tem Levine tl $ ./%4 \ Mayor Pinkham called the meeting to order at 5:00 p.rh../ \~~~~ LOCAL MARKETING DISTRICT (LMD) 2011'OPERATING PLAN. N,Â¢ Ken Larson/LMD Chair presented the draftjURID Operating Plan includiÂ® the 2011 budget. The plan was developed by Scott Webermeier/LMD Treasurer and Peggy Campbell/LMD Director. He stated the 2011 budget illclodes items currently paid for by the Town, including employee sal@*s; ~ent, payroll. processing and IT support in an effort to improve transparency. Tire budget.also includ@s the Stakeholder revenues of approximately $250,000 currently Cbli'cted.hy the Town and creates an emergency reserve fund of $500,000. The LMD bould have a shortfall* approximately $192,000 in 2011, and it was su#/sted the Town400lcPfur;33the shortfall to support the marketing efforts and.droWhlhetown's 4%'sales tax. The Board discosseq the plan ~and comAnts are summarized: direct mailing is mentioned howeverith not intludedÂ·in.the budget; questioned if the LMD would focus on ecotourism; core values, accountability and transparency are necessary and would request,â€¢4@rter[*finandial creports be iAcluded in the operating plan to provide accoutftpbility; arkl**lestiAn@Â¢14if Town reserve funds could be used to help fund marketing during a dikadter to*allow the LMD to fund the 2011 shortfall. %44\ 1 N %\0 Director Campbell stated\the direct mailing is a future consideration that has not been budgeted for~inj?011. Ec8tourism and heritage tourism are items the LMD would like to focus on in the.dear futute;/ Chairman Larson stated monthly financial data provided to the LMD Boardbobld.d|so-be distributed to the Town Board in the future. .r.11 Administrator Halburnt stated the Town has been funding four LMD employee salaries, office space and utilities for the past 2 years and retained the Stakeholder revenues. The net calculation for 2011 is $83,000. Staff would review the LMD numbers in preparation for the Town Board Budget study session on Friday, October 15, 2010. VOLUNTEER BACKGROUND CHECKS. Trustee Miller stated the issue of background checks for volunteers has been a topic in the past, and the requirement of a check may be an issue for recruiting candidates for volunteer positions. He also questioned the validity of a background check when it is only conducted through the Colorado Bureau of Investigations (CBI) and not nationally. Trustee Koenig stated the purpose of the background check for volunteer position would be to deter those with background issue from applying, and she stated support for the checks. Discussion followed: who determines if someone is not qualified based on background check; questioned if the information provided on the application is checked; an RECORD OF PROCEEDINGS Town Board Study Session - October 12, 2010 - Page 2 individual dealing with sensitive matters such as children or money should have a background check and not members of the Planning Commission or Ambassadors; and define sensitive and what positions would be considered sensitive, i.e. youth, seniors, financial. Administrator Halburnt stated the background check is used by the interview panel as additional information when recommending appointments and there are no automatic disqualifiers. Appointees/volunteers are employees of the Town that interact with staff on a day-to-day basis; therefore, it is important to have the background check completed. Attorney White commented state statute does not allow unemployment based on a felony conviction; however, the statute may not apply to volunteers. The Board requested staff review the statutes and bring forward additional information, including Breckenridge's policy, seen as the industry standard, regarding background checks. RETREAT DISCUSSION. Trustee Koenig suggested the retreat be moved to 50*sprir,g of 2011. The Mayor recommended the retreat be held in January in order~~Ae the 2011 goals forward. The Board consensus was to move forward with*a'retreat in January. Discussion followed on the need for a facilitator. Administratd Hhlburnt stated 2facilitator can help the Board and staff work together and build on<6rr#nunication. Staff hAs,been included in passed retreats to be a resource to the't)04rd as it *cusses goals\~The Board consensus was to hold a retreat without *facilitator;,hdwever, the Bohrd>would like Administrator Halburnt to bring a proposal forwhcd*ga~ng the use of a fadilitator. WEEKEND EMAIL Mayor Pinkham opened the discussioh bn Weekend emaith.He recommended the Board only send emails to staff during the ~ek. *Se*rat Boa?B Members stated they review and respond to emails duriag the weeltend arkl dkho<expdct a response from staff immediately. There being no fJrtheribusinesg, M@yor Pinkh#m adjourned the meeting at 6:50 p.m. ackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, October 1, 2010 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 1 St day of October, 2010. Board: Mayor Pinkham, Trustees Blackhurst, Elrod, Ericson, Koenig, Levine and Miller Attending: All Also Attending: Deputy Town Administrator Richardson, Finance Officer McFarland, Directors Joseph, Goehring, and Zurn, Town Clerk Williamson Absent Town Administrator Halburglt//11* Mayor Pinkham called the meeting to order at 8:00 Atm. .,L \ f \\ 2011 BUDGET PRESENTATION 1 - The 2011 budget was prepared by Finance OfficerjMcfarland. Hel stated the layouVformat remains unchanged for 2011; most acrony,4 have been spelled out for clarity; and descriptions and details made easierjo MiloW. The 2011 budget remains flat from 2010, special revenue fund-subsidy decreases from 63% in 2009 to 59% in 2011, internal revenue funds continue to retain fund balances for capital purchases, and enterprise funds metabolize capital projects and debt service while maintaining healthy ratios as required by the bond companies. Due to Goveknrhent Accounting Standards Board (GASB) laws, the Community Rbibvestment FundACatastrophic Loss Fund, and Medical Insurance FuriB are being eliminated in 2011 ariel will appear in the General Fund departments,vith 'revenubs'and expenditures for items such as capital projects, Estes Park Housing Authority Ibah, TABOR reserves and SOPA commitment noted. The Fire Pension fund has also been eliminated and transferred to the newly formed Fire District. Jhe Buildifig:Authority Fund has had no activity for 2 years in a row and is not shown in the 2011 budget. The 2011 budget projects revenues up 1.4%, just ahead of expenditures with .a 30%.fund balance, a transfer of $800,000 to Community ReinGestment, elimination of 3.33% vendor fee, a 10% in Community Service grants, vehicIAeplacement charges docreased in 2011, and no salary increases. Employee benefits. are projected tdincrease by 20% for medical, life insurance increase by 2%, employee*asbistance program up 1 % and dental increase by 15%. 4 .#% f' 1 Trustee Elrod questioned.what is included in personnel services and requested staff include this information; in the cover letter next year. He also questioned the inconsistency in the *ehiployee recognition numbers for each department and requested staff review to ensure the numbers were correct and applied consistently. Trustee Miller had requested the prior year's budget numbers be included on the detail sheets for this year to help review the changes from year to year. Deputy Town Administrator Richardson stated it was not included because of the amount of staff time it would have required; however, new software upgrades in 2011 will make the request possible in the future. INTERNAL SERVICES FUNDS FLEET MAINTENANCE The fund maintains all equipment and charges the appropriate department for the services related to equipment owned and operated by the department. The rate for service will increase for the first time in twelve years from $45/hour to $55/hour, which is less than half the cost in the valley. The new rate would increase revenues in 2011 and the ending fund balance would be maintained. The department is staff with 2.5 FTEs RECORD OF PROCEEDINGS Town Board Budget Study Session - October 1, 2010 - Page 2 and there is some concern for fatigue and safety. O&M increases in 2011 and includes shop equipment, IT services and education and training. The Board requested staff review the staffing level of the department for discussion during the 2012 budget process. Trustee Ericson stated the Town should consider an overhead expense for benefits instead of actual for each department. Trustee Koenig questioned if the money saved by not filling the Utility Director position immediately could be used to hire an additional seasonal employee for the fleet department. INFORMATION SYSTEMS TECHNOLOGY FUND The internal service fund manages Town wide information systems including technical support, maintenance, security, phone support, audio-visual support and GIS services Town-wide. Each department pays a fee based on the equipment the department utilizes (laptops and computers, servers, audio and video components, software, copiers and telephone components). O&M and expenses increase slightly in 2011 due to medical insurance and the purchase of upgraded audiogispal equipment for the Board room. A consultant would be hired in 2010 to determine the appropriate fund balance. The current staffing levels include 2.5 FTEs with>the part-time personnel shared with utilities. The part-time position should be reebaluated because this position has become a full-time GIS position and conducts very~ttle IT s9pport. NX Mayor Pinkham called a break at 9:30 a.m. and,reconvened the meeting at 9:45 a.m. \\ VEHICLE REPLACEMENT The internal services fund maintains a fun'cl. balance fdr,future vehicle purchases of $2.178 million at the end of 2010. The 2011 budget cdntains revenues of $298,526 and expenses of $464,000 to purchase.vehicles for Streets, Parks, Light & Power, Special Events and Water. Departmentk. p* an annual' fie.for vehicles utilized by their department until the replacement cost j25*more thah.purchase price) has been fully funded. Revenues in 2011 are doWnibecduse vehicles- hbve lasted longer, thereby decreasing the funding needed by individual depart*ents. -This in turn has provided funds to meet the 30%'fund.bdtance for th'e GeKeral Fund? The Fire District equipment is not included in thd reblaceriterit fund because the District has established their own fund. Staff contiriues to evaldatd the fund4and make adjustments as necessary to maintain the appropriate fund.baldnce. Auxilihry equipment for vehicles is paid for by the department using tRe eqdipment andÂ»not the VRF. Staff also continues to evaluate the use of ~ltemative fuel vehicles, used vehicles or the purchase of used vehicles betweeddepitments. X \ 1 1 9 1% TrustekBIackhurst queitioned Jf- the fund is overfunded and could be used by departhlehts for operatidnk Supbrintendent Mahany stated the replacement schedule is deterniinâ‚¬d,by use of thb Jquipment and not just age. GENERAL FUND.* Each fund was reviewed and requests for additional information is noted below: *\ V / X/ â€¢ Legislative - The budget increased 11% because of the approved salary increases for the newly elected Board in 2010 and increases in participation and premiums for health insurance. â€¢ Judicial - The 2011 budget increased by 7% because of health insurance increases for court personnel. â€¢ Executive - The proposed 2011 budget for personnel increased due to health insurance premiums. O&M increases in 2011 with the addition of upgrades to the website and a proposed citizen survey. â€¢ Elections - One mail ballot election has been budgeted for 2011 in the event the Town has a special election. Mayor Pro Tem Levine questioned the decrease in revenues from business licenses and liquor license. Town Clerk Williamson stated business licenses are down for 2010 due to a lack of construction and the loss of 5 liquor licenses in 2010. , RECORD OF PROCEEDINGS Town Board Budget Study Session - October 1, 2010 - Page 3 Trustee Elrod questioned the increase in catering/special circumstances line item. Town Clerk Williamson stated there has been an increase in the number of meetings and hosted meetings with Larimer County that continues to increase costs. Trustee Elrod stated he would like to see staff review the printing and mailing of the newsletter, and consider an online version of the newsletter to decrease costs. Trustee Blackhurst requested an update on where the Town is with respect to document imaging. Town Clerk Williamson stated document management software would cost the Town an estimated $20,000 to $30,000. The Board requested a proposal on cost and phasing be brought forward for possible addition to the 2011 budget. PIO Rusch reviewed the scientific citizen survey to assess opinions and concerns with town programs and services. This survey would set a benchmark and utilize the survey in the future to compare service levels. Board comments included: continue to explore the survey; the survey would only be useful if it contains actionable results; and current and proposed projects should be included. Mayor Pinkham called a break at 10:50 a.m. and reconvened the meeting at 11:05 a.m. -2 .4. t# â€¢ Finance - Finance personnel costs are increasifig.w~th~th~.sixth and final year of reallocating personnel costs. O&M has remained unchaRgeÂ¢~2011. \% Rt4. COMMUNITY DEVELOPMENT 1/ % Revenues are estimated to remain at 2010 tleyels with the downturn in development. Prior to the downturn in the economy, tite. 'department/collected half the cost of personnel and O&M. The department would b& taking advantage of upgraded software to the HTE system to help with workflow. The Board questioned if the IT budget includes software updates to 'en#*e~ach employee is operating the same version of Microsoft; the departnient khould.purchase International Code Council Plan Check software with the adobtibn ofthe 2009 l-Cotles, and funds should be added to upgrade the phoneisystemjdr theAdministratiVe Assistance. 2lt., . 7 BUILDINGS The 2011 proposed budget remdins flat from 2010. Director Zurn stated that 3% of the value of the buildings should bebudgeted arlojally and currently only a quarter of 1 % is being budgeted. Discussiorifollowed>examples of items that should be completed were reviewed; a list of maintenance it@tristhM are being deferred should be created; a building'maintenance fund should be considered such as the vehicle replacement fund; moreinformation is needed on the real estate owned by the Town (comprehensive list); should the Town be involved in'employee housing; and need to be proactive rather than reactive t6 building maintenance. Personnel costs include a portion of the Public Works Director and Project Manager with 93% of the budget in O&M costs. Update headings and the 2010 And 2011 building rent numbers. EMPLOYEE BENEFITS This fund contains the homeownership program, tenure awards and employee gatherings. With the dissolving of the Medical Insurance Fund, those revenues and costs have been transferred to this account. There are currently 4 employees participating in the homeowner program with one additional participant anticipated for 2011. The employee gatherings have been cut to include only a holiday party. Trustee Elrod questioned if Post Employment Insurance is listed as income and if it is an auditing issue. Discussion followed on the benefits of the employee gatherings. Deputy Town Administrator Richardson stated the item has been discussed and it was determined the employees would prefer a one-time check in lieu of the gatherings. The next Budget Study Session is scheduled October 8th, 8.00 a.m. - 12:00 p.m There being no further business, Mayor Pinkham adjourned the meeting at 12:10 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 14, 2010 Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 14th day of October, 2010. Committee: Chair Blackhurst, Trustees Ericson and Koenig Attending: Chair Blackhurst, Trustees Ericson and Koenig Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Chief Kufeld, Dir. Goehring, Dir. Zurn, and Deputy Town Clerk Deats Absent None i A. reÂ· Chair Blackhurst called the meeting to order at 8.00 a.tn. ft -- PUBLIC COMMENT. 1 '~31 f. â‚¬ None 0 6,6 e PUBLIC SAFETY. PARK R-3 SCHOOL DISTRICT SCHOOL RESOURCE OFFICER AGREEMENT. The Police Department has provided School. Resource Officer (SRO) services to Park School District R-3 since 2005. Starting with the 2009-2010 school year, the School District agreed to pay $20,000 per year to be utiliked to offset overtime costs associated with the SRO position. The School District considers the presence of an SRO in the schools important but, due to reduced funding from the State of Colorado, is unable to participate in funding,the position. The District made a formal request to the Town asking that the $20,000 charge be waived and that SRO services continue for the 2010- 2011 school year. Staff modified the Mem~fatidum of Understanding (MOU) to reduce the SRO services to three days per week at a cost to the Town of $12,000. Trustee Koenig had questions related to the authority the SRO can exercise on campus since th@ school district is a private entity, and asked if this results in a disparity or conflict in how enforcement is handled. She noted that this may be a good time to negotiate a new contract with the School District if staff felt it was necessary. Amanda Nagl, SRO supervisor stated that different guidelines do exist for the school district and police officers, and that communication is a necessary component between the two. She said that when conflict does arise, experience has shown that the agreement provides a good structure and guideline to work out the conflict. Chief Kufeld stated he is comfortable with the language in the MOU and that if an illegal activity occurs in the schools, the SRO will exercise the authority of a police officer. He said that he meets with Supt. of Schools Chapman on a monthly basis to keep the lines of communication open and that the Town and the School District have developed a good working relationship. The Committee stated that staffs comments alleviated concerns about the agreement and recommended approval of the Memorandum of Understanding between the Town of Estes Park and Park School District R-3 for a School Resource Officer to the consent agenda. REPORTS. None RECORD OF PROCEEDINGS Public Safety/Utilities/Public Works Committee - October 14, 2010 - Page 2 UTILITIES. WATER DEPARTMENT VEHICLE REPLACEMENT. The 2010 Vehicle Replacement budget includes $40,000 for the replacement of the Water Department's 2003 GMC 2500 HD utility truck. This truck is seven years old with 86,747 miles and falls within the defined Vehicle Replacement Policy parameters for replacement. It should be noted that no alternative fuel option exists for this type of equipment. Staff solicited bids for the vehicle with the following results: Groove Ford, Centennial, Colorado 2011 Ford F350 4x4 w/utility body $50,344.10 Trade-In -$9,625.00 Bid Price $40,719.10 Spradley Barr Ford, Fort Collins, Colorado 2011 Ford F350 4x4 w/utility body / i / $42,821.00 -$9,000.00 Trade-In C Bid Price A , 1\ $42,821.00 Weld County Garage, Greeley, Colorado Nd bid received Transwest GMC, Henderson, Colorado > No bid received , Staff recommends trading in the 2003 GMC.dtility truck and purchasing the 2011 truck from Groove Ford at the low bid price of $40,719.10 from the Vehicle Replacement Fund. Supt. Mahany said that purchasing a used rather thin a new vehicle would not be cost effective in this situation, as any vehicle meeting'the specifications would likely be high mileage and no longer bd>under warranty. <The Committee recommends purchasing a 2011 Ford F350 4x4"utility truck from Groove Ford at a cost of $40,719.10 from the Vehicle Rebldcement Fund, acbount #635-7000-432-34-42 budgeted, to the consent agenda. 4 1 ./ 2,1 L,% /. I REPORTS. , / / 0.3 Reports provided fof informational purposds â‚¬Ind made a part of the proceedings. 1. Renewable Systems - Ested Park Light and Power polled 15 current net-metering customers, some*whombarlticipated in rebate programs offered by the Governor's Energy Office (GEO):4egarding thelype of renewable system installed, the perforthance of the 'systbm, and the'-system's performance related to payback analysis. Of the hix rdspbnses received, two were received from customers who installed wind turbin@s. Ond**owner is happy with the system and is realizing a 25- 50% decrease in electricity 10&ts, while the other is dissatisfied with the turbine's kilowatt production abdmis experiencing an increase in electricity costs. The four respondetits who instdllud solar panels generally expressed satisfaction with their systems, with some diss'atisfaction related to the payback being realized. Trustee Ericson thariked staff for following up on the rebate programs and renewable energy options with this report. Trustee Koenig expressed concern about promoting programs that impact utility rates for the rest of the utility customers. Eng. Bergsten stated these programs were designed to be incentive programs for supplemental energy and not sustainable programs. He said measures to educate the public about renewable energy systems, and to promote the purchase of renewable wind energy are being planned. PUBLIC WORKS. 2010 CONCRETE REHABILITATION. Mgr. Sievers stated that sidewalks, trails, and parking areas are reviewed each year for surface quality and said that in 2010, the Public Works Department has identified the 100 block of East Elkhorn, the Riverwalk, the 100-300 blocks of West Elkhorn, the Cleave Street area, Ptarmigan Trail, and 4th Street as areas requiring concrete RECORD OF PROCEEDINGS Public Safety/Utilities/Public Works Committee - October 14, 2010 - Page 3 replacement. Staff prioritized the projects based on concrete surface quality, pedestrian safety issues and the age, damage, and wear of the sidewalks, curbs, and trails. Bids were solicited from four local concrete companies with the following results: Bryson Concrete No Bid Cornerstone Construction Concepts $63,980 Cornerstone Concrete Company $50,650 Mountain Concrete Company No Bid Staff requests approval to contract with Cornerstone Concrete for an amount not to exceed the budget of $50,000 for these projects. Staff will modify quantities to stay within budget and will proceed with work as weather permits, giving consideration to the Catch the Glow Parade and holiday shopping when scheduling. The Committee recommends approval of a contract for concrete rehabilitation with Cornerstone Concrete at a cost not to exceed $50,000 from account #101-3100-431-35-51 budgeted, to the consent agenda. REPORTS. w Reports provided for informational purposes and made a part of the proceedings. 1. Self-Compactinq Trash Cans - The cost for a.*blar-powered self compacting trash can is approximately $3,700. The use of thisfty#e of trash receptacle would reduce the number of trash pick-ups required per week, but may result in an increase in staff costs as additional staff would be involved in emptying the containers due to the weight of the compacted trash. Figurd* for maintenance of the units was not available, but must be considered as well)- .The Committee requested additional information, including whether .leasing optionsexist, in order to provide adequate information to determine whether this-type of syiteth would have a cost benefit for the Town. 2. Pothole Patcher & Roller and Street Swee'per - Supt. Mahany informed the Committee that recently purchased equipment, *the street sweeper, pothole patcher trailer, and the aspttalt roller>were avaliable for inspection in the parking lot following the meeting. ~ ~/ MISCELLANEOUS. ~\,- -* '- Staff will respond .to a complaint letter to provide information related to the Town's efforts to control noxibus Weeds. Staff continues workto ~evaluate the concrete on the Prospect Avenue project for compliance with specifichtidns in order to come to a resolution with the contractor. There being no further busihess, Chair Blackhurst adjourned the meeting at 8:59 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission September 21, 2010, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Ron Norris, Vice-Chair Betty Hull; Commissioners John Tucker, Alan Fraundorf, Doug Klink, Steve Lane, and Rex Poggenpohl Attending: Chair Norris, Commissioners Tucker, Fraundorf, Klink, Lane, and Poggenpohl Also Attending: Director Joseph, Town Attorney White, Planner Chilcott, and Recording Secretary Thompson Absent: Vice-Chair Hull, Planner Shirk, Town Board Liaison Elrod The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Norris called the meeting to order at 1:30 p.m. There were 21 people in attendance. 1. PUBLIC COMMENT Johanna Darden/Town resident commented about the Estes Valley Comprehensive Plan as it relates open space and the funding of improvements at Bond Park. She also disagreed with the Estes Valley Development Code (EVDC) revisions pertaining to elk and deer preservation. 2. CONSENT AGENDA Approval of minutes from August 17, 2010 Planning Commission meeting. It was moved and seconded (Poggenpohl/Klink) that the consent agenda be approved as presented, and the motion passed unanimously with one absent. 3. MARYS LAKE LODGE AMENDED DEVELOPMENT PLAN 00-07D, Lot 3, Marys Lake Lodge Director Joseph reviewed the staff report. He pointed out a typographical error on page 3 of the staff report. The report should read "Per the submitted Parking and Circulation Management Plan, the Upper Lot w#/ be reserved for the Lodge Haus and the condominiums in this area, and will not be available for those attending events and staying in the Reunion House." Director Joseph stated this project was continued from the June Planning Commission meeting, and now includes revisions and enhancements to the parking management plan and the site plan. Director Joseph reviewed the staff findings and recommendations as listed in the staff report. He stated the Building Division has made substantial progress in closing out open building permits that were a point of discussion at the June meeting. The vast majority of open permits have been finalized and closed, with only three high-level permits and several miscellaneous permits still being unresolved. Town Attorney White clarified that the Estes Valley Development Code allows the Community Development Department to withhold issuance of building permit applications when there are open and unresolved permits on a property. Director Joseph expects to have all open permits finalized before any new permits are issued. He stated the stormwater drainage project and the shared parking agreement have both been approved. Director Joseph stated the Community Development Department received additional public comment since the last public hearing on this matter. A correction to condition #8 should read the mylars are due October 30, 2010. Staff recommends approval with conditions as listed in the staff report. The Planning Commission is the decision-making body for this application. Staff and Commission Discussion: Director Joseph stated the revised parking plan is adequate, meets Town requirements, and has addressed the points and concerns that came up in earlier discussions. RECORD OF PROCEEDINGS Estes Valley Planning Commission . ' 2 September 21, 2010 Commissioner Poggenpohl disagreed with the dondition involving' the issuance .of Certificates of Occupancy, stating it was the Building Division's responsibility, and would be in favor of striking that condition of approval. Director Joseph stated the condition of approval was included to emphasize the importance of getting the outstanding permits closed out. Commissioner Fraundorf questioned the acceptance of using a golf cart for transporteition from the off-site parking area. Public Comment: Frank Theis/Applicant's representative stated the applicant had no issues with the conditions of approval recommended by staff. Mr. Theis stated because this was the last building in a rather large development, it was appropriate to be 'required to clear up any unfinished items. Commissioner Poggenpohl withdrew his objection to the condition of approval addressing unresolved building permits. Mr. Theis clarified that all of the parking in the Marys Meadow area Was designated employee parking. In the event that space goes away, all employees would be required to park in the most-distant section of the off- site parking area. It was anticipated that many of the guests attending an event at the Reunion House would also be condominium renters; therefore, not taking up additiohal parking spaces. If guests were coming from, off-site, the managers would require that parking areas be provided with a shuttle service. Mr. Theis clarified the applibantwas not requesting a variance, but asking for a waiver from the maximum distance that off-site parking can be located in relation to the primary entrance. Don Debey/Applicant has been working with the HOA to address the unpaveu parking area. Due to the summer traffic, the asphalt work was postponed. The asphalt work has now been completed and Lthe stop blocks: and striping are .in the process of being dompleted. The current uripaved area is designated for the permeable paverd. He stated this summer was his busiest ever, and the extra parking spaces now designated for employee parking were not needed for customers. There were parking spaces utilized at Rocky Mountain Church in accordance with an existing agreement. Commissioner Lane was concerned about the credited amount of pervious coverage from the'pavers compared to the actual.pervious coverageof the pavers. Commissioner Klink suggested a code revisiot b& made to establish permeable coverage standards. Chair Norris directed staff to proceed with a problem statement for a code revision. After a brief discussion, Mr. Theis stated the applicant was willing to acquire a street-legal vehicle for the shuttle service. Johanna Darden/Town resident did not supbort this amendment to the development plan, specifically the term of the parking agreement with the churÂ¢, ind employee parking. Peter Scott/Marys Lake property owner stated the parking Would be inadequate: Referring to the addition of a stairway off the ddtk of the ballroom, he did nbt think, this would change the percdption that the main entrance was located on the east side of the building. He stated the architecture and design of the west side would continue to lead guests to believe that was the main entrance. Hei spoke at length abdul on- and off-site parking ' issues that occur throughout the year, th'e requirement of a shuttle "bus", and the unresolved building permits. He was concerned about overlapping times of peak-usage and how that would affect parking. Mr. Scott stated approval of the use of permeable pavers to comply' with lot coverage requirements would set a precedent for future -developers to be able to use permeabld pavers instead of creating open space. He was concerned abobt guest safety on unpaved baths in the area of the wedding platform. Mr. Scott questiotted the load capacity of the pavers, stating the HOA would ultimately be responsible for repairs and maintenance. Mr. Scott would be supportive of a financial guarantee to ensure the prgject will be completed. He did not support the approval of this amendment to the development plan. , Carol Hadley/Marys Lake property owner stated she has a vested interest in this development and wants it to be successful. She was concerned about the enforcement of unresolved building permits and what, if any, recourse the properly *vners would have with the unresolved issues. She questioned the use of pavers with multiple uses in one RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 September 21, 2010 location; parking areas, green areas, and drainage areas. She disagreed with the approval of the drainage plan "in concept" by the Town Engineer, stating the specifics should be finalized prior to approval. Lauren ScoWMarys Lake property owner did not support the number of waivers requested, and thought the building was too big for the site. As a homeowner, she wanted the project to be successful, but also wanted to be able to park at and enjoy her unit. She stated the agreement with the church indicates no overnight parking is allowed, and was concerned about where she would park if she could not find parking close to her unit late at night. Chair Norris closed public comment. Staff, Commission, and Applicant Discussion: There was extensive discussion concerning the weight capacities of the pavers, adequate sub-grade preparation and drainage in the paver area, contractor certification for paver installation, off-site parking, and the enforcement of the Parking and Circulation Plan. Director Joseph stated the aggregate numbers of parking spaces complied with the minimum parking requirements in the EVDC. Mr. Theis stated there were more than enough spaces allotted for the property, and the restricted parking areas for guests would prevent problems. Director Joseph stated if the Town was faced with an enforcement situation, Staff would have the authority to enforce the Development Plan's Conditions of Approval. If a new owner were to purchase the property, he would be obligated to comply with the conditions of approval, or apply for a revision that would require a Planning Commission hearing. There was discussion among Staff, Commissioners, Town Attorney White, and the applicant about the operation of the home owner's association (HOA). Mr. Theis stated a body elected by the homeowners controls the management of the HOA. Mr. Debey owns several units and, therefore, has a number of votes. Town Attorney White stated a Marys Lake Lodge HOA representative will be required to sign the signature block on the development plan. Mr. Debey, a non-voting member of the HOA board, stated he met with the HOA several times concerning this project did not think a vote by the HOA was required. He shared that no one from the HOA Board of Directors was in attendance nor has voiced an opinion against the project. Commissioner Lane stated his concerns about the permeable pavers qualifying for 100% credit of the lot coverage requirement. Commissioner Klink agreed with his concerns. Mr. Theis stated the applicant would be willing to comply with the manufacturer's specified permeability and make sure it meets the 50% lot coverage requirement for the entire development plan; however, he would not agree to making any of these changes retroactive to previously approved plans. Commissioner Poggenpohl suggested the contractor certify the pavers were installed according to the manufacturer's instructions, and that the load capacity was adequate for the types of vehicles using the area. Chair Norris stated he reviewed Sections 1.3.A and 1.3.H of the EVDC to assist with his decision for this project. It was moved and seconded (Lane/Poggenpohl) to approve the Amendment to Development Plan 00-070 with the following conditions, and the motion passed 5-1, with Commissioner Klink voting against the motion, and Commissioner Hull absent. Conditions: 1. Compliance with: a. Estes Valley Development Code; b. Approved Development Plan DP 00-07D; c. Approved architectural plans; 2. Construction plans shall be subject to review and approval of Upper Thompson Sanitation District, Town of Estes Park Public Works, Light and Power, and Town of RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 September 21, 2010 Estes Park Water. Construction plans shall be approved prior to application for any permits. 3. Construction plans shall bear an engineer's stamp and include detailed drainage information, including the proposed under-dfain system. Permeable paver design shall be included on the required construction plans, and shall have a loading rate equal to local road construction standards or alternative approved by Town Engineer. Construction 'plans shall include sub-base drainage callection system. 4. Prior to application for any new building permits: a. The developer shall meet with Community Development Staff to discuss development processes such as permitting, grading, fencing of limits of disturbance, issuance of certificates of occupancy, revegetation, landscaping, and post development requirements such as as-built plans and warranty periods. b. The standard development agreement and form of credit shall be submitted, reviewed, and approved by Staff. This development agreement shall account for landscaping of the entire Marys Lake Lodge (Lots 3, 3A, and 3B), for tree replacement as outlined in Section 7.5.J, and for restoration as required by Section 7.2.C. c. An attested forrn of the parking agreement, and associated filing fee, shall be submitted to staff for recordation. d. All outstanding building permits shall be finalized. e. The compactor and loading space shall be included on the site plan and relocated and the loading space marked as "no parking loading zone." 5. Prior to issuance of a certificate of occupancy (including temporary), the following issues must be addressed: a. Parking Lot Markings shall comply with requirements set forth in the development code. b. Wheel stops shall be installed in all locations where curbs are lacking. c. Conduit, meters, vents and other equipment attached to the building or protruding from the roof shall be screened, covered or painted to minimize visual impacts. This applies to the entire site, not just this building. d. ADA parking spaces shall be marked and signed in accordance with Section 7.11.J4. This applies to the entire site, not just this building. e. Engineer's certificate verifying the stormwater management plan for the entire Marys Lake Lodge site (Lots 3,3A, and 3B) has been fully implemented shall be submitted. f. Engineefs certificate verifying theâ€žpermeable pavers have been installed per the approved construction plans. g. Verification the shuttle service vehicle(s) are legal for operation on public streets. 6. Compliance with the following memos from reviewing agencies, and filed with the application: a. From Public Works/Utilities to Community Development, dated June 1, 2010. b. From Greg White to Community Development, dated June 7, 2010. c. From Xcel Energy to Community Development, dated May 18, 2010. d. From Fir6 District to Community Davelopment, dated May 10, 2010. 7. The development plan shall be revised asfollows: a. The trash compactor and loading space locations shall be clearly delineated on the development plan. b. The sidewalk shall be included in the Legend, and the "section" include sidewalk/curb material (concrete). c. The Impervious Coverage calculation on page one shall be updated to include itemized (per area) and cumulative square footage of the permeable pavers area. Impervious coverage calculation shall account for the impervious area of the pavers to be installed with the final phase. RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 September 21, 2010 8. Pursuant to Section 3.2.D, the revised development plan shall be submitted in mylar form, with appropriate signatures, no later than October 21, 2010. 4. REPORTS a. Director Joseph reported there were no staff-level reviews nor pre-application meetings since the last Planning Commission meeting. b. Director Joseph reported the County Commissioners approved the amendments to the EVDC concerning A-1 Density Clarification. c. Director Joseph reported the County Commissions voted to continue the rezoning request for Aspen Brook PUD to another meeting. d. Director Joseph reported the Town Board reviewed the EVDC amendments concerning small wind turbines. The Town Board voted to continue the item to the September 28, 2010 Town Board meeting. Once approved, it will move forward to the County Commissioners. e. Director Joseph reviewed the problem statement for duplex subdivisions. This would be considered a clarification of the EVDC, to remove the current restriction for common-wall land ownership product to three or more units. He stated this common-wall land ownership should also be an option for duplexes, and that the issue was largely an unintended consequence derived from the terminology used in the EVDC. From a planning standpoint, it makes sense to have a fee-simple property line sitting under a common wall between two adjoining units, whether it is a duplex, triplex, or something larger. Staff was looking for direction on how to proceed with the problem statement. It was the general consensus of the Commission to provide this problem statement to the Town Board for approval. f. Planner Chilcott reviewed the problem statement for PUDs that was approved by Planning Commission and Town Board earlier this year. The problem statement included the consideration for PUDs on lots smaller than three (3) acres. Planner Chilcott reviewed the purpose of the problem statement: to allow creative approaches to development to meet multiple community needs such as affordable housing, open space, etc. and to investigate how the PUD regulations could be revised to make them more fiexible. Staff and the Planning Commission reviewed numerous PUD ordinances from other communities to assist in determining what elements might be included in the code revisions. The next steps would be to look in more detail at the benefits and unintended consequences of making no change, major change, or targeted changes to the existing code. Engaging the public would be another major step in the process. The problem statement directed Staff and the Planning Commission to complete these next steps by the third quarter of 2010, and review the findings with the Town Board. The desired outcome would be an analysis of the current PUD regulations compared to other communities, a summary of public comment, and general recommendations for changes. In May, 2010, there was discussion about what achievements the Planning Commission wanted to see pertaining to PUD regulations. In July, 2010, the Planning Commission directed staff to recommend a process to help articulate the desired outcomes and ways to actively engage the public. Planner Chilcott reviewed several tools available to help communities identify the desired outcome: visual preference studies (VPS) to help visualize a particular area; public participatory GIS using three dimensional modeling and virtual reality; simple hand-made box city models to visualize bulk or types of uses. Staff recommends using visual preference studies as a way to help generate discussion about the desired outcomes for particular areas. They can engage the public by using photos of existing development and potential development or redevelopment that could occur. The design of the study would be flexible and could be tailored to RECORD OFPROCEEDINGS Estes Valley Planning Commission 6 September 21, 2010 fit our needs. The VPS would not require additional resources, whereas the GIS method would require more technical experience ata higher cost. ' Planner Chilcott reviewed a study done in New Castle, Colorado that looked at the layout of the community and surveyed the public for preferences. The public was allowed to comment on each layout sample. Denver also used this model for the redevelopment of the downtown area. The studies could be completed in stages. Planner Chilcott reviewed another study from Hughesville Village, Maryland, that used building types as drawings in order the review design standards. In any VPS, a goal would be to eliminate as much bias as possible. Planning Commission requested that complete copies of the studies be placed on the Town website. Planner Chilcott stated public participation could take many forms: public hearings, online surveys, committees including members of the public, charettes, etc. Commissioner Poggenpohl suggested beginning by using ' methods that would reach the largest number of people. Director Joseph clarified that in the sample neighborhoods listed in the report for possible consideration, the school/fairgrounds area itself would not be considered, but the neighborhood surrounding the schools and fairgrounds could be a potential area of study. There was discussion among staff and the Commission as to the size and specifics of any potential areas of consideration, and comments were made concerning the importance to refer to any areas as "examples" and "hypothetical" in order to not give citizens the wrong impression of how PUDs might develop. Planner Chilcott explained that property owners would continue to have th6 right following the "standard" development code regulations and that development under the PUD regulations would be optional. This would not place additional burdens on businesses; merely provide another option for development or redevelopment. Some areas have potential for mixed uses, a change in floor-area ratios, a change ih height limits, etc., and the intent would not be to make it more difficult for property owners. Director Joseph stated the idea was to start small and iron out the process so the citizens are comfortable with it before expanding the process to other neighborhoods. Consensus from the Planning Commission and elected officials would be required. He stated the point of a PUD would be to layer it over the existing use by right, with new possibilities. Commissioner Klink was concerned about the expense to property owners and/or their tenants. Care should be given to not eliminate heavy commercial areas. Commissioner Tucker stated that using real examples would bring out more public comment. After extensive discussion, the Planning Commission suggested beginning with a study of Cleave Street and a portion of Moraine Avenue that contains a mixture of zoning districts. Staff could present information on a sample VPS, possible community outreach methods, etc. Director Joseph explained this was a way to discover what the public preferences are, but was not an effort to try to narrow the realm of possibilities. It was an effort to expand the realm of possibilities. Commissioner Klink was excused from the meeting at 3:50 p.m. g. Chair Norris stated the key item coming out of the August 30, 2010 meeting with the Planning Commission, Town Board, and County Commissioners was the recognition that any contentious topics should be discussed jointly with all groups . in attendance. i . There being no further business, Chair Norris adjourned the meeting at 3:55 p.m. Ron Norris, Chair . Karen Thompson, Recording Secretary TOWN op ESTES PARL Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: October 22, 2010 RE: New 3.2% Off-Premise Liquor License Application Filed by Safeway Stores 46, Inc. dba Safeway Fuel #920, 621 Big Thompson Avenue. Background: An application for a new 3.2% Off-Premise Liquor license was filed with the Town Clerk's office on September 10, 2010 by Safeway Stores 46, Inc. This application was sent to the Liquor Division for a concurrent review in order to have the license approved by the state at the same time as the Town. This will enable the new Safeway fueling station convenience store to begin the sale of 3.2% beer as soon as possible. All necessary paperwork and fees were submitted. Please see the attached hearing procedure for more information. Please note that since this is a Master File application, no fingerprints or background checks have been completed. A Master File can be applied for by a company that has multiple locations within the state. The file contains licensing and background information for the applicant seeking licenses in Colorado. Budget: None. Staff Recommendation: None. Sample Motion: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. Page 1 FINAL COPY - 10/21/10 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of SAFEWAY STORES 46, INC. dba Safeway Fuel #920, for a New 3.2% Off-Premise Liquor License located at 621 Big Thompson Avenue. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: 0 The application was filed September 10, 2010. m At a meeting of the Board of Trustees on October 12, 2010, the public hearing was set for 7:00 p.m. on Tuesday, October 26, 2010. m The neighborhood boundaries for the purpose of this application and hearing were established to be 4.09 miles. O The Town has received all necessary fees and hearing costs. 0 The applicant is filing as a Corporation m The property is zoned CO which allows this type of business as a permitted use. 0 The notice of hearing was published on October 15, 2010 m The premises was posted on October 13, 2010 1 m There is no police report with regard to the investigation of the applicant. m Status of T. I.P.S. Training: i Unscheduled Scheduled Completed (Date: ) Il There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. m The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. m The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. 0 The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. 0 Ask the Town Clerk whether any communications have been received in regard to the application, and if so, to read all communication. 0 Indicate that all evidence presented will be accepted as part of the record. E Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. 0 Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. 2 TOWN oF ESTES PARIL 0 Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bob Joseph, Community Development Director Alison Chilcott, Planner Date: October 26, 2010 RE: SUPPLEMENTAL CONDOMINIUM MAP - The Promontory at Kiowa Ridge Condominiums, Supplemental Condominium Map #6, Lot 6, Mary's Lake Replat, Kingswood Homes, Inc./Applicant Background: The applicant has submitted a supplemental condominium map application for The Promontory at Kiowa Ridge Condominiums. The property is located on Promontory Drive near Mary's Lake Lodge and is zoned A-Accommodations Highway Corridor. A total of twenty-two detached accommodations/residential units are proposed on the 8.6-acre lot. The fifth supplemental condominium map application was approved at the January 13, 2009 Town Board meeting. This map condominiumizes one unit (Unit 6); three units remain to be built and condominiumized. .TS,2.4 ....., P., ic. 9.7. . E . r'* '1Â¥.04 Budget: N/A # I AL:L .,ef, 2-'. CIA . yt 9/"93/ . Staff Recommendation: 4.. te . 4, Approval. I. 0, 4,4 14 ./ I Sample Motion: I move to approve/deny The ..+'f",-fi. r-'ta Zi .,323 # .. . r* ~3 Promontory at Kiowa Ridge .-P'11'.1~OU. .74. Wifi 14*7'*-of- 4 4 #*14;4*. 4 Condominiums, 2 I, *t:%45 1Â·. . Ba<.~ -4 ;3*" 4~4 ' A Supplemental Condominium .. d ....A mic A-//3.0 v ~ Landscape & Inla#ei> Explorer * 4, ACE 4 Â·00't . *X<VE,ME./.ME,ulfile<...../...Il.I.................Â£ Â· "- GISalapping Page 1 9. TOWN[ oF ESTES PAR]q *:7}J?V*tta'Â·4<~RÂ·56,â‚¬-: i ': ,;:720$?t~~t:92%~r2~1â‚¬'11:V :1 Memo j}344#riNG Clerk's Office. : f~2~741&2~Nut~ 1 .,~ , ~~~16 *1':s:k~~:4 .: : j ~ Dj 14 TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: October 22, 2010 RE: Appointment of Local Marketing District Board Members Background: In October of 2008, a seven member Local Marketing District Advisory Board was formed to communicate the benefits of the LMD to the community and to garner support for the formation of the district. After the successful passage of the new district, the advisory board members were appointed as official board members of the newly formed district. Five of the seven appointments were appointed by the Town per the IGA - Kathy Palmeri - 1 year, Elizabeth Blanchard (Fogarty) - 2 years, Ken Larson- 2 years, Cory Blackman - 3 years and Scott Webermeier - 4 years. Kathy Palmeri was reappointed in 2009 for a 4 year term. Earlier this year, Elizabeth Blanchard and Ken Larson announced they were stepping down this year and would not be reapplying for the Board. In September, an official announcement was placed in the local paper and the Town website for the two Town appointed positions on the Board. The Town received seven qualified candidates and held interviews on October 19, 2010 with an interview panel consisting of Mayor Pro Tem Levine, Trustee Koenig, LMD Board member Blackman and LMD Board Member Blanchard. The interview team is recommending Lindsay Lamson and Chris Wood for 4-year terms effective January 1, 2010 and expiring on December 31, 2014. Lindsay Lamson has owned and operated Lamson Properties Management, LLC since 1996 with real estate investments in Denver and Estes Park as well as San Diego and Palm Springs, California. He also operates Rocky Mountain Resorts that manages accommodations of 122 rentals units throughout Estes Park since 2005. Mr. Lamson also holds a BS in Economics with a minor in International Studies and a MS in Management with a minor in small business administration. He states in his cover letter that he is committed to the continued evolution of Estes Park as a year-round destination through the cooperation of the LMD, Town and local business community. 1 7*...1=~ 1 -I j 1 '* 2,ler ' j ' z ~.m~~7-I LODGE- .1 L -17.jtjf}9!iNTAIN *47<$47~,1. 46 . r- -'Aiwi.,~lid/*.Ir f 1 Â«*87 -79,1Â»44~1.-1---9 r -- 11:1- 44149 t.- r*-1 111 I ' - 64' FI~r-2-1 - 3 .9- -16* f- 0-:.0-~L~~~4*4~'4-,3 -ti -11 -LAT - 41 I ..i 01-41 - t.& 1 1 -9 -2 1 4-M fl ' 1-1 ~ 'blu:r 1.-1 "1 '1- 6~ 4 i. i.r' ,- L~ #' '=111 '=.r - __6'44-1-1 I ' 1 41 - I 4.6-1 *-1 i 4 'I|| 4- |~14â‚¬'- 1 fÂ¢w U. 4-7-=441 i '8~14-4-, ~'*2 + ' ' September 24,2010 To Whom It May Concern: Please accept my interest in the Local Marketing District Board of Directors position. In lieu of a resume, I would like to address the areas in which I think the LMD and town should focus their attention in creating a year-round sustainable tourist destination while providing a little of my background. For the past 7 years, I have owned and operated MeGregor Mountain Lodge, where I started just 15 years ago as housekeeper. I currently serve actively in creating one of the facilities I feel the town is in desperate need of to ensure a year-round stability; that being a performing arts center which will drive an estimated local econoniic impact of $2.2 million into our community. These are the areas I feel important for the LMD to focus: ' Re-branding the Town so that it incorporates a year-round model should include Watch able-Wildlife, Exploring Rocky in winter's Majesty, Cozy Charm, and escaping the Ski-resort rush corridors of I-70. ' Target Marketing to Select Regions of our Country during Lull times o IE: Eastern Part of United States for last 2 weeks in August since that part of our country doesn't go back to school until after labor day, and that coincides with an annual "drop-off" in business. o Grow the "pre-season" with activity so that May/June becomes as strong as September/October o Creating regular News-Letters on a customer subscribed basis promoting specific times of the year o Implementation of"Smart Phone" technology, and creating an application specific to Estes Park where retailers, restraunteers, and hoteliers can directly upload specials to individuals coming into town * Re-design and implement a website that focuses on year-round activity, and incorporates more video and real time experience for users A Â«~on- 012=29.3~3- MOUNTAIN 4010.0 LODGE- - 4 + 1 1- 1.* . 1.. r . 1 .= 1 1. I - i - i + , :~ --*(}dherateneiÂ¥ interest iA contkrence retreats for the conference center .. Â»~Create acoordinhtbd dffort dfdowntown merchantsto keep extended and regular L hdurs fer business I t,,0 IJ. * 1Extend hours ofvisitor services at the Visitor Center in Off-Season ' Continue to extknd and grow the usage of mass-transit via shuttle services As we look at ways to create activity and reason to come to Estes Park in the off - season, certainly value is currently key. Rocky Mountain National Park remains our main focus for travel to our region, yet there has to be other reasons to visit AND STAY in Estes Park during the off-season. In addition, facilities to host functions on a year-round level must go beyond Bond Park, Performance Park and the Fairgrounds which are currently useable only 3 months out of the year. A performing arts center, an events center, and a multi-purpose recreation center are all areas that could grow to facilitate additional growth opportunity in the off-season. Creating and investing in such facilities will help program events to draw tourists into Estes Park during our non-active times as well as create value added to the residents of Estes Park and cultivate longer, more "quality" visits of guests during peak season. With the exception of most day trippers only spending in our local restaurants, our focus should be shifted to capture the traveler who will stay over night, and enjoy extended stays in our community because there are a wide range of quality night-time activities encouraging them to do so. The money rests in those who come and spend 5-7 nights within our town not only during our summer months, but our shoulder and off-peak seasons as well. Sincerely vours, p j. /--77 Uvu,47*4"A 16 vll,4/ Chnstophir E. Wood Town of Estes Park Committee Member Application Position Applied For: L In. b - 14 **1 2 13 1.0.141,r Name of Applicant (First, Middle, Last) CHY.IST-oPAER Egic looo J Home Address (include city, state, zip) 910 UkllcH \2,4, FsteS Pkk , CO R(35-1-7 How long have you resttled at the address listed? 3 953 Previous address and length of residence if you've lived at the address listed above for less than 4 years) 2815 fRu Auce-. Vl,el M-060Â£-clo~ Mi.1063. 1 312,5. 6.tkle-2 ka,uj e Home Phone Number Email Address: *10 -5-1-1-094 2 ca, 491-LILI-2. (*gMWAN,t 16,WH-J,co, Current employer: Address of current employer: J S El F, BAL# Bjea, W.L. it,Jjt 2~ & fj Aug* 2. ck Current position: Length of current employment: OU .,4 A ~ 11. at.Aff/L ~1 99Â·Â· F Do you have telatives presently working for the Town of Estes Park? If yes, please list. Have you ever ~pen employed by the Town of Estes Park: If yes, list when and in what position Mo Highest grade completed: College and Degree/Major: 143+ 444 #A - 17 7Â£/Rapi. (61431, - )k- \Aca PBÂ£%44-,A_ Trade School or Licenses/Certifications: Aoug Are you currently serving on another Estes Park board or committee? 9DVA Please read the following, date and sign this application. Date of Birth is required to conduct the criminal background check -1 certify that the facts and statements contained in this board application and background check are true and correct. I further understand that false statements shall be sufficient cause for rejection of this application. -1 further certify that I have not been convicted of a felony under the laws of Colorado or in another jurisdiction. -1 authorize the town of Estes Park to conduct a criminal background investigation with the understanding that any felony conviction found will become a matter of public record. I further understand and acknowledge my rights under federal privacy laws, including the Privacy Act of 1974 with respect to access and disclosure of information and hereby waive such rights with the understanding that any and all information furnished will only be used in connection with consideration of this application. -If I become a board member, this form will be valid for the period of my term. Signature: glf,fi~ DOB: - l l January 14, 2009 f. /RECEIVEryl ~ SEP 2 7 2010 ~ /BY: September 20, 2010 To: Town of Estes Park, Human Resources Department From: Lindsay Lamson Re: Application for Estes Park Local Marketing District Board of Director I am submitting my application to serve as a member of the Board o f Directors for the Estes Park Local Marketing District It has been years since I have prepared a formal resume so I will summarize important information normallyincluded in a resume for appropriate review. If additional information is desired, I can be reached at 970-443-7620. EDUCATION: BS in Economics with a minor in International Studies, 1971 University of North Carolina at Greensboro MS in Management with a minor in small business administration, 1973 Purdue University CAREER EXPERIENCE: The Trane Company 1973-1982 Management Consultant, Consumer Products Division Marketing Manager, Phoenix Service Center General Manager, Denver Consumer Products Center Energia Solar 1982-1984 President of Solar sales and installation organization Lamson Realty, Ltd. 1985-2005 Owner of real estate brokerage firm affiliated with Metro Brokers, based in Denver, Colorado Metro Centre, Inc. 1991-2007 President of a 28 broker Metro Brokers office in Denver, Colorado Lamson Properties Management, LLC 1996 to present Management of and investment in real estate in Denver and Estes Park, Colorado as well as San Diego and Palm Springs, California Rocky Mountain Resorts 2005 to present Owner ofan accommodations resort management company managing 122 rentpl units at multiple locations in Estes Park, Colorado. OBJECTIVES: My personal and business objectives closely align with the mission statement ofthe Local Area Marketing District Specifically, I am committed to the continuing evolution of Estes Park as a year-round destination. The effectiveness of the LMD in marketing Estes Park and the Town of Estes Park's commitment to strengthen the tourism infrastructure are key components of this evolution. Close cooperation between the LMD, the Town of Estes Park and the local business community is essential to our success in achieving the economic success envisioned by the LMD mission statement I hope to contribute to this cooperation 1 Town of Estes Park Committee Member Application Position Applied For: 2&,6- Aeg XMD 7& 4,zeAW' 2,7,1&wg Name of Applicant (First, Middle, Last) Ar,04*4, C. 6~*1â‚¬0 23 Home Address (i~lude city, state, zip) 21 11 ON# Â£3 A EA: 2*k, 68 Jo ST/U How long have you resided at the address listed? J 94Â·LS Previous address and length of residence if you've lived at the address listed above for less than 4 years) ba l<- - 754-u lLe.c-- -idL * 1 4 6<Ls P..e-k_ CD BDIO 17 Home Phone Number Email Address: 990-4099-8899 /mis49 )4~445Â» ELACK441 - c.e-â€¢.~ 2[Zur;*m*#c â€žCuv-* â‚¬0-2Â¥Â£- Addreis ofcurrent emwqyep A Of*of Yo LÂ© a=*124 fâ€¢gfL 4 89374 07; AF?ocÂ« hau 13 44 Â» lier D 0 4 current positidn: Length of current employment: 6,61*~-C_ , Y t L#Â£1 Do you have relatives presently working for the Town of Estes Park? If yes, please list. No Have you ever been employed by the Town of Estes Park: If yes, list when and in what position MO Highest gradeÂ£ompleted: College andpegree/Major: 091Â£84~Â· a41006~2(=A~44644~- *U,444Â£ 79,t-ae- 2 5. 420/v.uco - M+A- 04-al=Â»cg:-- , 0 MU, 454*- Trade School or Ucenses/Certifications: -- 3â€¢Â£40~~Â·0-#w.0,/~ 36*< 1506:t/&*FAqi*,94-s hceÂ»/c_, Are you currently serving on another Estes Park board or committee? Na Please read the following, date and sign this application. Date of Birth is required to conduct the criminal background check -1 certify that the facts and statements contained in this board application and background check are true and correct. I further understand that false statements shall be sufficient cause for rejection of this application. -1 further certify that I have not been convicted of a felony under the laws of Colorado or in another jurisdiction. -1 authorize the town of Estes Park to conduct a criminal background investigation with the understanding that any felony conviction found will become a matter of public record. I further understand and acknowledge my rights under federal privacy laws, including the Privacy Act of 1974 with respect to access and disclosure of information and hereby waive such rights with the understanding that any and all information furnished will only be used in connection with consideration of this application. -If I become a board member, this form will be valid for the period of my term. Signatur Â· Date: 9-,2-0-ca DOB.~ January 14,2009 TOWN op ESTES PARIÂ© *?Rd 3.24 1341....1 Z:M R:tA: t<:h k ? 1. ats k<5 â‚¬439*9%:0<NEFPevilt#"}31:14 :- *p' t,Â·~54*/#P+&:.7. 0%94Â¥6Wn i Cl drk'sk ofillidi~.'f.4'F: * %44 3 -1 - Â· , . .... . P...... Â«I. t. . p ....re <440 0Â»*. Â¥ 0 Â¥*39%....L . ' br:.Â¥:22#yN/344 TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: October 22, 2010 RE: Ordinance 22-10 Elimination of the 3.33% Vendor Fee Background: During the pre-budget study session on July 23, 2010, staff reviewed potential revenue sources including the elimination of the 3.33% vendor fee, retained by a licensed business that collects and remits Town sales tax on time. The vendor fee was eliminated by the State and Larimer County during the past year, and is not offered by the Local Marketing District for the collection of the 2% accommodation tax. At that meeting the Board requested staff investigate the steps necessary to eliminate the fee. After review of the sales tax ordinances, it was determined the 3.33% vendor fee was established by Ordinance 6-71 and has remained unchanged since 1971. State statute 39-26-105(1)(a) C.R.S. states the Town can terminate the vendor fee. The elimination of the vendor fee would result in $233,100 of cost saving to be used to support public services such as road repairs, public safety and economic development. In addition, 7% of the savings would benefit the Estes Valley Fire Protection District. The Town Clerk's Office contacted the Department of Revenue (DOR) and determined a copy of an ordinance repealing the vendor fee must be submitted 45 day prior to the effective date of January 1, 2011, or November 15, 2010. In addition, the Town would be responsible for contacting each of the vendors within the jurisdiction to notify them of the change. A news release was published the week of October 18th and distributed to the local businesses through the Local Marketing District email list. Budget: Cost saving to the General Fund of approximately $230,000. Staff Recommendation: Approval of Ordinance 22-10 eliminating the 3.33% vendor fee. Sample Motion: I move to approve/deny Ordinance 22-10. 'fil ORDINANCE NO. 22-10 AN ORDINANCE OF THE TOWN OF ESTES PARK TERMINATING THETOWN'S SALES TAX VENDOR FEE WHEREAS, Ordinance No. 6-71 of the Town of Estes Park provided that each sales tax licensee (vendor) shall remit to the Colorado Department of Revenue all Town sales tax collected less 3 1/3% of the sum so remitted as a vendor's fee to cover said licensee's expense, collection and remittance of said sales tax; and WHEREAS, Section 39-26-105(1)(a) C.R.S. provides that the Board of Trustees of the Town of Estes Park may terminate this vendor's fee; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town of Estes Park to terminate the 3 1/3% vendor fee established in Ordinance 6-71 of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO as follows: j. Effective January 1, 2011, the 3 1/3% vendor's fee on the remittance of the Town's sales tax is terminated. 2. The officials of the Town of Estes Park are hereby authorized to execute and transmit the required documents to the Colorado Department of Revenue to terminate the vendor's fee as of January 1, 2011. WHEREAS, the immediate passage of this Ordinance is necessary in order to meet the Colorado Department of Revenue's deadline to terminate the vendor's fee on January 1, 2011, and therefore this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2010. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2010. Town Clerk 0-3 07 2 Jackie Williamson From: Kate Rusch Sent: Tuesday, October 19, 2010 1:33 PM To: Jackie Williamson; Jacqueline Halburnt Subject: FW: Two messages from Town Hall Below is public comment on the 3.33% vendor fee. From: Suzy Blackhurst Sent: Tuesday, October 19, 2010 10:33 AM To: Kate Rusch Subject: FW: Two messages from Town Hall Thought this comment might be useful to someone. Suzy efromt?2080Â¥ne(coaaircom; filiSiltb:eb*50*A253.19.~-m.41 .Melit: i-uesaSE*DE[86*F-19,2010 10:24 AM To: Suzy Blackhurst Subject: Re: Two messages from Town Hall Re: possible elimination of the 3.33% vendor fee We all know that revenue growth is tough in this flat economic climate. But by not encouraging businesses to file and pay the sales tax early, this further hurts the businesses that need to be helped. Keep the service (vendor) fee!!! Ellen Boyne Show Who You Are Christian store 131 Virginia Dr. -----Original Message----- From: Suzy Blackhurst <sblackhurst@estes.orq> Sent: Tue, Oct 19, 2010 8:56 am Subject: Two messages from Town Hall The following has been received from the Town of Estes Park. We thought the content worthy of passing on. Weather permitting, Estes Park Sanitation will replace a 50-foot section of sewer main beneath East Elkhorn Avenue during the week of October 25-29. The section under repair is adjacent to 164 East Elkhorn and will affect one lane of eastbound East Elkhorn Avenue. The road will not be closed but traffic flagging will be necessary. If you have any questions, please call Estes Park Sanitation at 970-586-2866. Thank you for your patience. Town Board reconsiders 3.33 percent vendor fee for remitting sales tax Following in the footsteps of the State and Larimer County, the Estes Park Board of Trustees will consider the elimination of the sales tax vendor fee which has allowed businesses remitting sales tax early or on time to retain 3.33 percent of sales tax. A number of other Colorado cities have eliminated the vendor fee to realize more complete sales tax funding for public services such as road repairs, public safety and economic development. The public is encouraged to particip in the discussion at the October 26 Town Board meeting, scheduled for 7 p.m. in the Town Board Room of Town Hall, 1 MacGregor Avenue. 1 Jackie Williamson From: Kate Rusch nt: Sunday, October 24, 2010 6:07 PM : Jacqueline Halburnt; Jackie Williamson Subject: Fw: Tax rebate I am forwarding 2 public comment emails regarding vendor fees. Kate ----- Original Message ----- From: Sharon Seeley <seeleysharon@comcast.net> To: town admin Sent: Sun Oct 24 17:36:01 2010 Subject: Tax rebate In a time of difficult business in Estes Park it does not make since to me that you would take away a small remittance to your businesses. You have taken away parking, filled Bond park with out of town businesses who also take away parking on the week-ends to your local businesses who are here all the time and who do not pay sales tax and now you want to remove the small amount of rebate to your local faithful businesses, that is kind of another sign of lack of respect for the businesses that are here all the time! Please think about the poor PR that you are creating by such a move. Thanks! Sharon 5eeley 1 From: David Habecker, owner 10-25-10 The Appenzell Inn 1100 Big Thompson Ave. Estes Park, CO 80517 586 2121 To: Estes park Town Board Re: Sales Tax Vendor Fee As a reason for the town to eliminate the 3.3% vendor fee to businesses, it has been suggested that "technological advances have reduced the burden on businesses, to allow them to more efficiently and quickly remit taxes." While it's true that it's a fairly simple procedure for any Estes Park business to collect sales tax from a customer or guest and remit that money to the state for disbursement back to the town, the opposite is true for those customers who are tax exempt. For a regular guest at our hotel, we enter the room rate and the reservation program automatically adds the sales tax and produces a report at the end of a term to show the tax amount to be remitted to the state. The reports generated are usually all a tax examiner would require to assure compliance. In the case of a guest with tax exempt status, such as those coming for approved religious or government purposes, the procedure is much more complicated and time consuming. â€¢ Staff needs to be trained to know who is exempt and what form of payment and documentation is required. â€¢ Additional paperwork is required and very often a third party in the form of supervisors, secretaries, or bookkeepers are involved. â€¢ Everything needs to be documented and kept on file for any future audit by the state or federal government. (Who pays if an exemption was given in error?) The town wants to retain as much revenue as possible from the approved sales tax, while most businesses want to retain as much of their revenue as possible. While the town has no obligation to reimburse businesses for collecting and remitting sales tax, I would at least expect a trustee to show appreciation for the effort imposed instead of implying that it's easy, and any reimbursement unjustified. Jackie Williamson From: Kate Rusch nt: Sunday, October 24, 2010 6:08 PM : Jacqueline Halburnt; Jackie Williamson .ubject: Fw: Town Web's Feedback Form ----- Original Message ----- From: Town of Estes Park,Colorado <info@estesnet.com> To: info@estesnet.com <info@estesnet.com> Sent: Sat Oct 23 07:35:10 2010 Subject: Town Web's Feedback Form ******************************************************************************* Name: Bill Prohs PhysicalAddress: 250 Indian Trail, Estes Park MailingAddress: 461 E Wonderview Avenue, Estes Park City: Estes Park State: co Zip: 80517 Phone: 970-586-3496 Email: bprohs@gmail.com Remote Name: 71.218.37.43 Date: Saturday, October 23, 2010 Time: 07:35:10 AM iment: I am extremely disturbed by the ordinance for the elimination of the sales tax vendor fee! It appears to me to be just another measure to help strangle the already stressed businesses in Estes Park. Many businesses are having to lay off valuable employees just to remain viable. This ordinance will just add to the pressure of operating a profitable business in Estes Park. During this time of economic uncertainty, every dollar counts for a small business. Respectfully, Bill Prohs Estes True Value/RadioShack 1 Survay tally sheet. Out 100 business owners questioned these are the results. Question 1. Yes 3 No 93 None 4 Question 2. Yes 77 No 13 None 10 Question 3. Yes 78 No 16 None 6 The hope is this sends a clear message of where the business community stands on this issue. Additional commits will be made during the board meeting. I Paul Fishman will take any questions as well. Thank you, Paul Fishman On October 26,2010 7pm, in the board room, the Town Board will be discussing whether or not to do away with the sales tax rebate of 3.33%. This is following in the foot steps of the state and county. Below are Three questions for your consideration. 1) Do you agree with eliminating the sales tax rebate of 3.33%? Yes or No 2) Would you support pooling the rebate money together amounting to an approximate of $230,000.00. I f the money was to be earmarked for investing in business infrastructure? Yes or No 3) Would you like to see a business committee formed to oversee the allocation of the above funds? Yes or No (03, Ul, EU<H(124 Questions Please circle Name Business Address A~tur@_ 1. Y Â© 2. Q N 3. ~ N Diu d Lotn Qew- BlEGE, lic /3/10/02. 1. Y dg'. 2- ~ 3.(D N lar-'â‚¬1,)36,-,1 199*,r-,;2252 40/ dthe.1 '30/tÂ·fe 5- 1. Y 'RT 2. 3.â‚¬>R dt// Pke,6 65;yes Â¥144~ 144,10 44! G ujoâ€¢der#men 444/1'td..0 1. Y (ED 2. 3. Y N ReiviA<(Â®1 Â¢5.Un.*9'A, 402'(S- o.cle- -(tee)0gL 1. Y (32 2. 3/?1 N 4,Â»twl# }*t,wh -4)dÂ« NtrA)-11Â£5 101Â£60*L- MBA#Â£1027* 1. Y 2. 3~+E)' EJIGIE26 8.0,Â£09 11-9 â‚¬ 6114}01â€ž TAP vp 1. Y ~ 2. Y 3.0 N k POI/600 HA41-611*Begm. 19 I W .*Wâ‚¬EWE ~411 6*4Â£2â€¢~-Â· 1. Y <NL 2. CD 3.9 N- 14 WL'(,KetiL W,-141;repAÂ®4447 1.0 *Â£444- 0~~~â‚¬r- 1. Y 2. Y 3. 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Y 2. ~ N 32) N .UsÂ©Aft,Ad bm*!kLGaL 1. Y UU' 2. N 3. (Â£1 N AlÂ·1,2.- Pâ€¢r, 0 <Eln/b 106#4 (34 W 151*,6.. ,Â·~rt'N.4- - 1. Y / 2. 7 69 3.~*i li#UNMA& 04+1* lein~tAIAS<-7-- **40,4. Y E 2. Â© N 3. N Kice 92(61#y Aut. *7-N #ME)noÂ£ICS / 40 Â¥4044-Wt V M 1. Y / 2. Â® N 3. e N ERN /g- Pal*E- K6CKYMN:Coeâ‚¬41GcrraW 4/ t. 5-1.ella,A*W.?th 1. Y Â® 2. CDN 3.CONEANIE- FAM/0 AIE-OVTD:,0# wo*.CD /3*E- EZEIA#bjl~~00 1. Y 6,2 2. 8 N 3(3) N -7- 4 NA 6 L -TRE \Arkiet 13/M- I 12, C gOOMO' d. 1 /Â« I Z.Z ZzzZZZ On October 26,2010 7pm, in the board room, the Town Board will be discussing whether or not to do away with the sales tax rebate of 3.33%. This is following in the foot steps ofthe state and county. Below are Three questions for your consideration. 1) Do you agree with eliminating the sales tax rebate 0Â£3.33%? Yes or No 2) Would you support pooling the rebate money together amounting to an approximate of $230,000.00. If the money was to be earmarked for investing in business infrastructure? Yes or No 3) Would you like to see a business committee formed to oversee the allocation of the above funds? Yes or No Questions Please circle Name ,_Business Address ~Si**!E~ 1. Y N 2.@N 3. Y N *067FY *' % 342 1951*44--*--7 eor 71 1. Y (30) 2. CY) N ~~N .31Â£.A,upp.equ 4444Â£ 4â€¢g, 212-,t r Â£,Â£0.- j Ilr)'4* 40-, 1 1. Y ~ 2. / N N #44(#f* /*a)08, AÂ«er- li,Â£ULQ+AMAB~- 1. Y N 2. CY N N F>; t--61Â«sl-/ ZE:.g,oubtuf 203 MGÂ«-.â‚¬2Cksx >/ 7 1. Ytw) 2. N 3 N d 0% tifa-4 (1 ~ gbicp ILS 0 i,-Par/*le tf4Â¥*4f - 1. Y N 2. ~ N 3.i(D N Adi}4*g-l GLUo:htgâ‚¬ /65--PE//0?th~fÂ·UlaldEbiz, 1. Y O 2. G N 3.1~ N 78,,4 ?441\ 4 Leral> 4,r, I 153 E Â£11(1,04 **7<7=78*2"4. 1. Y N 2. * N 3.69 N /40 0,e.Rk# Pblief-0,87 /15,13 5Â£khoA;9#Ff*216'U 1. Y GLE> 2. CO N 3. CU N ~16*0--hv GRA 6-4 c *5- .1- h"Â·t-- (, 1.(DN ~.df5> ;Â·75Â·>~tÂ»ruct A:1&2*C/, sp=:oc=. 1.(D N 1. Y <0 2. F N 3.@ 4 nr 9,444 1 *Â·r- Ept 69*l-â€¢--,7,,6~... di~Lk, 1. Ya 2. 9 N 3.(~ 1. Y V' 2. ~ N 3.tY N 1. Y Â®7 2. 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Y (N) 2. (YON 3. )nÂ«-31 H ' 5-9 A) F /kAN n NAcft'i u<- 9 -Â· X 1. Y Â® 2. % N 1. Y â‚¬) 2. gz N /4#LL, ALS,t(Unr /5-7 4/~ElkAÂ«-21.tg,/' ~ \GhAhhip I 3 -7 U t.| ICI*U d rz ci cl 1. Y N 2. ~N 3. Y N -*6 4Â£ 09Â¥a lia W Eack~U 40Â·95*" On October 26,2010 7pm, in the board room, the Town Board will be discussing whether or not to do away with the sales tax rebate 05333%. This is following in the foot steps of the state and county. Below are Three questions for your consideration. 1) Do you agree with eliminating the sales tax rebate 04333%? Yes or No 2) Would you support pooling the rebate money together amounting to an approximate of $230,000.00. If the money was to be earmarked for investing in business infrastructure? Â·Yes or No 3) Would you like to see a business committee formed to oversee the allocation of the above funds? Yes or No Questions Please circle Name Business *Ir296 P~ed , 0 1. Y.(j) 2 N 3.@ N'bgglwÂ£,uoae. Cly,cer:~ Z>Mu#,844.3--\Â£4 4/' 0-Â£ac...b- 1. 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Y 6%.>4. g) N 3.,g/N *,r.Voilo\~p ?apt/i f.0.#cr,k 451 5Â·6+ Va th A-02;--\ - AlherIOn /1 Grl lt=~, On October 26,2010 7pm, in the board room, the Town Board will be discussing whether or not to do away with the sales tax rebate of 3.33%. This is following in the foot steps ofthe state and county. Below are Three questions for your consideration. 1) Do you agree with eliminating the sales tax rebate of 3.33%? Yes or No 2) Would you support pooling the rebate money together amounting to an approximate of $230,000.00. If the money was to be earmarked for investing in business infrastructure? Yes or No 3) Would you like to see a business committee formed to oversee the allocation of the above funds? Yes or No Questions Please circle Name Business Address Signature 1. Y ~ 2. $ N 3.6) N Câ€¢-I-ix M,6., 5Aoâ€¢'y *0Â·~543>*Â·7 z92/vl.,rcu,aL,g:=5$2~ - 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2.YN 3. Y N 1. Y N 2.YN 3. Y N 1. Y N 2. Y N 3. Y N 1. Y N 2.YN 3. Y N 1. Y N 2. Y N 3. Y N . Y N 2. Y N 3. Y N . Y N 2. Y N 3. Y N 9Â® TOWN OF ESTES PARIÂ© *9'll/~"lul'~4.WPG'9%19*'{Ffiffd *tto#id-dyl 'I. 2 3 Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: October 20, 2010 RE: Ordinance No. 23-10 An Ordinance of the Town of Estes Park Amending Chapter 9 of the Municipal Code by the Addition of a New Chapter 9.40 Prohibiting Medical Marijuana Facilities Background: The Colorado Legislature recently adopted the Colorado Medical Marijuana Code ("CMMC"). The CMMC clarified Colorado law regarding the scope and extent of Amendment 20 to the Colorado Constitution, Article XVI11, Section 14, with regard to medical marijuana. The CMMC authorized a regulatory process for the retail sale, distribution, cultivation, and dispensing of medical marijuana through medical marijuana facilities which are referred to as medical marijuana centers, optional premise cultivation operations, and medical marijuana - infused product manufacturers. The CMMC specifically authorizes the Board of Trustees of the Town of Estes Park to adopt an Ordinance prohibiting the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana - infused product manufacturers. Ordinance No. 23-10 prohibits the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana - infused products manufacturing facilities in the Town. Ordinance No. 23-10 recognizes the protections afforded by Article XVIII, Section 14 of the Colorado Constitution with regard to medical marijuana patients and primary caregivers. Ordinance No. 23-10 also terminates the temporary moratorium on the issuance by the Town of a Town business license, building permit, or any other approvals related to the establishment or operation of a medical marijuana facility for the sale or production of medical marijuana. Budget: There are no budgetary implications for the approval of Ordinance No. 23-10. Page 1 . It Fil Staff Recommendation: Staff recommends adoption of Ordinance No. 23-10. Sample Motion: I move to adopt/not adopt Ordinance No. 23-10 for the purpose of amending Chapter 9 of the Municipal Code by the addition of a new Chapter 9.40 relating to medical marijuana. ORDINANCE NO. 23-10 AN ORDINANCE OF THE TOWN OF ESTES PARK AMENDING CHAPTER 9 OF THE MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 9.40 PROHIBITING MEDICAL MARIJUANA FACILITIES WHEREAS, the Colorado Legislature adopted legislation which added a new Article 43.3 to Title 12 of the Colorado Revised Statutes known as the Colorado Medical Marijuana Code; and WHEREAS, the Colorado Medical Marijuana Code clarifies Colorado law regarding the scope and extent of Amendment 20 to the Colorado Constitution, Article XVIII, Section 14, and authorizes a regulatory process for the retail sale, distribution, cultivation and dispensing of medical marijuana through facilities referred to as "Medical Marijuana Centers," "Optional Premises Cultivation Operations", and "Medical Marijuana-Infused Products Manufacturers"; and WHEREAS, Section 12-43.3-106 C.R.S. specifically authorizes the governing body of a municipality to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers; and WHEREAS, the Board of Trustees has reviewed and considered Article XVI11, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, and the secondary effects of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturing on the health, safety and welfare of the Town of Estes Park and its inhabitants; and WHEREAS, the Board of Trustees further recognizes the protections afforded by Article XVIII, Section 14 of the Colorado Constitution, and desires to affirm the ability of patients and primary caregivers to otherwise be afforded the protections of Article XVI11, Section 14 of the Colorado Constitution and the Colorado Medical Marijuana Code; and WHEREAS, on June 22, 2010, the Board of Trustees adopted Ordinance No. 14- 10 which extended the temporary moratorium on the issuance by the Town of any Town business license, building permit, and any other approvals related to the establishment or operation of medical marijuana facilities in the Town, including a temporary moratorium on the engaging in the sale and/or production of any medical marijuana without first having obtained from the Town a validly issued business license through June 30, 2011. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO as follows: 1. The Municipal Code of the Town of Estes Park, Colorado, is hereby amended by adding Chapter 9.40 as follows: Chapter 9.40 Medical Marijuana 9.40.010 Uses prohibited. It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, an optional premises cultivation operation, or a medical marijuana-infused products manufacturing facility in the Town. 9.40.020 Definitions. For purposed of this Section, the following terms shall have the following meanings: 1. Medical marijuana means marijuana that is grown and sold for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution. 2. Medical marijuana center means a licensed business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products. 3. Medical marijuana-infused products manufacturer means a licensed business as described in the Colorado Medical Marijuana Code for the manufacturing of medical marijuana-infused products. 4. Optional premises cultivation operation means a licensed business as described in the Colorado Medical Marijuana Code to grow and cultivate marijuana for a purpose authorized by Article XVI11, Section 14 of the Colorado Constitution. 5. Patient has the meaning set forth in Article XVIII, Section 14(1)(c) of the Colorado Constitution. 6. Primary caregiver has the meaning set forth in Article XVIII, Section 14(1)(f) of the Colorado Constitution. 7. Colorado Medical Marijuana Code means Section 12-43-101 et. seq. C.R.S. 9.40.030 Patients and Primary Caregivers. Nothing in this Chapter 9.40 shall be construed to prohibit, regulate, or otherwise impair the use of medical marijuana by patients, or the provision of medical marijuana by a primary caregiver to a patient in accordance with the Colorado Constitution, the applicable provisions of the Colorado Revised Statutes, and rules and regulations promulgated thereunder, as amended from time to time. 2 2. The temporary moratorium extended by Ordinance No. 14-10 is terminated upon the effective date of this Ordinance. WHEREAS, the Ordinance shall take effect and be in force 30 days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2010. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of ,2010, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2010. Town Clerk 3 Jackie Williamson From: Kate Rusch Sent: Sunday, October 24, 2010 6:08 PM : Jackie Williamson bject: Fw: Input for Medical Marijuana Not sure if this can be added to the record still... ----- Original Message ----- From: Reggie Hisey <rhisey54(@comcast.net> To: town admin Sent: Sat Oct 23 12:32:50 2010 Subject: Input for Medical Marijuana Please look at this issue very closely...I live in Fort Collins (25 yrs) and also have a wonderful cabin in Estes Park (4 yrs). I am seeing 1st hand how these dispensaries are popping up almost on every corner in Fort Collins and Loveland. There seem to be more than enough. Many of the young people frequenting these seem to be quite well, although I may not be able to see that they are having serious illness. I t does appear to me that the derly or those patients in severe pain are not the ones I see heading into the spensaries. I see the quality of life in this town changing - not for the better..also, I see many of my friends' high school students trying pot and not thinking it is any big deal..I feel they may not even realize it is still illegal to have on their person, in their cars, packs, purses, etc. These parents are really struggling to get thru to their teens to just not indulge. As far as it being a gateway drug..no doubt there as I have 1st hand experience for that. It makes is harder for the good teens to just say no when these shops are getting as frequent at Starbucks.. The state of Colorado really missed out with regulating this one...There are people from all over the country moving here to open dispensaries and enjoy their products..These stores even have growing products for many to purchase. As far as the pharmacies regulating this, it sounds like the pharmacists don't want any part of it. 1 I feel strongly that Estes Park should not allow any dispensaries in the town if that is at all possible. Please take your time and as much energy as you have to seriously look at this issue and realize there are more cons than pros concerning it. Thanks for your time. Regina Hisey 2 MARIJUANA DISPENSARIES There may be some legitimate and valid uses of marijuana for medical conditions, but those needs can be met from non-local sources. Communities with marijuana dispensaries have experienced increased crime and the need for more police enforcement. This is the type of community where such centers would thrive and bring the accompanying problems. Anyone who says that allowing marijuana centers here would result in only one or a few remote, carefully controlled centers with adequate medical supervision is either delusional, dishonest or, at best, naive. We have had the image of a family-oriented vacation and special events destination, and most residents would like to preserve that image. In considering ordinance 23-10, please think about its effect on shaping the image of our town 5 or 10 years from now. George Hockman 1625 Prospect Estates Drive Estes Park CO TOWN oF ESTES PARIÂ© Memo fR=mmIT01-~~MN~rr:rmn TO: Honorable Mayor Pinkham Town Board of Trustees Town Administrator, Halburnt From: Bob Joseph, Community Development Director Date: October 20, 2010 RE: Ordinance 24-10 Amendments to Sign Code Chapter 17.66 of the Municipal Code Background: The revised sign code is based on the accumulated effort of the Sign Code Task Force that met last summer and issued a set of recommendations (see "Sign Code Task Force Summary of Objectives"). These revisions are for the most part aimed at relaxing some of the current code standards. Staff has also made revisions with the primary purpose of implementing two broad objectives from the Task Force to improve the internal consistency, clarity and readability of the document, this involves some re- formatting and re-organization of the existing code language that is to remain in the code. Finally, The CD/CS committee has directed staff to make numerous revisions over the last few months as the committee has reviewed and refined earlier drafts. Highlights: â€¢ The taskforce recommended that illustrations be added to the code to make it easier to understand. The current draft includes these illustrations. â€¢ The current draft also provides new code provisions to address the temporary signage needs of local fund raising special events, such as the Duck Race. â€¢ A new section for non-profit (non-commercial) banners has been added. â€¢ The current draft includes a new process for Creative Signs that will provide flexibility in the application of the sign code. â€¢ The current draft sets up a new process for the hearing of variance requests by the Creative Sign Review Board. By state statute, revisions to the Municipal Code require only one reading and public hearing. Budget A schedule of fees for sign permits should be adopted as a separate administrative action. Recommendation: The Community Development /Community Services Committee recommends adoption of an Ordinance 24-10 Amending Section 17.66 of the Municipal Code of the Town of Estes regarding signs. Sample Motion: I move to approve/deny Ordinance 24-10 Amending Section 17.66 of the Municipal Code of the Town of Estes Park. ORDINANCE NO. 24-10 AN ORDINANCE AMENDING SECTION 17.66 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK REGARDING SIGNS WHEREAS, the Sign Code Task Force has recommended the amending and restating of Chapter 17.66 of the Municipal Code with regard to signs; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined it is in the best interest of the Town that the recommended changes and restating of Chapter 17.66 be approved. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Chapter 17.66 of the Municipal Code is hereby amended and restated as more fully set forth on Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF ,2010. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2010. Town Clerk EXHIBIT A 10-06-10 (3) Ensure that signs are compatible with adjacent land uses and with the total vis- Notes on this draft: ual environment of the community; This is a marked up draft that takes its (4) Protect the public from hazardous organization and structure from the existing conditions that result from signs which are sign code as it exists on the books today. structurally unsafe, obscure the vision of motorists and/or compete or conflict with Deleted language is shown in red strike thru necessary traffic signals and warning signs; text. New language is shown in blue underlined text. (5) Recognize that the elimination of existing signs that are not in conformance The edits are followed by a notation of the with the provisions of this Chapter is neees origin of the revision; i. e. staff, committee, or Gary to the public safety and welfare and to task force. Town Attorney White has the protection of the visual environment. authored the revisions to the Appeals and (Staff: Content neutrality) Variance section. The green highlights indicate existing sections that have been Â£11 provide fer 11* uniform regulation relocated within the code. Qf both commercial signs and non- commercial signs in tile same manner. (51*fE Of course, this is still a working draft. Content neutrality) (Ord. 11-76 Â§2(part), 1976; Ord. 15-97,1997; Ord. 17-02 Â§1(part), -rbj 2002) Chapter17.66 17.66.030 Scope and application of this Chapter. Signs The provisions of this Chapter shall apply to 17.66.010 Title. the display, construction, erection, alteration, use, location and maintenance of all signs within This Chapter shall be known and cited as the the Town, and it is unlawful hereafter to display, "Town of Estes Park Sign Code." (Ord. 11-76 construct, erect, alter, use or maintain any sign Â§2(part), 1976; Ord. 17-02 Â§1(part), 2002) except in conformance with the provisions of this Chapter. (Ord. 11-76 Â§2(part), 1976; Ord. 17.66.020 Intent and purpose. 17-02 Â§1(part), 2002) The purpose of this Chapter is to protect the 17.66.040 Definitions. health, safety and welfare of the citizens by pro- viding for uniform control of signs. It is the General. intent of the regulations set forth in this Chapter to: As used in this Chapter, the following words and phrases are defined as follows: (1) Recognize that signs are a necessary means of visual communication for the (1) Area. of a sign rneans the convenience of the public; area of the smallest Fegulet: geometric symbol encompassing all the informative (2) Recognize and ensure the right of features of the sign, including copy, those concerned to identify businesses, ser- insignia, background and borders within a vices and other activities by the use of signs; Revision Date: October 6,2010-Page 1 EXHIBIT A polygon nQI exceeding twelve sides. (TF) 01 Banner means a temporary sign (see Figures L and 21 consisting Qf canvas. nylon. vinyl fabric gr other material Qf similar physical characteristics that bears text and/or graphics 2'L intended ig identify QI direct attention 12 any commercial message gr product, service, place, activity, business: gr any non- commercial message gr graphic. (~ molectrei (43 Building Code means the latest edi- AUSTRALIA ) tion of the Building Code, as amended and adopted by the Town. (Figure 1 Example polygon) (3) Building inspector means the officer or other person charged with the administration and enforcement of this Chapter, or his or her duly authorized deputy. (6) Canopy means a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be Â¥ 1/~ wholly or partially supported by columns, poles or braces extended from the ground (*g. Figure 41. (Figure 2 Example of polygon) (2) Awning means a mevable shelter supported entirely from the exterior wall of m* Canepy /1- 0- a building and of a type which can be retracted, folded or collapsed against the 1111,1.In face of the supporting building; or a covered space framed structure. (TF) (see Figure 11 (Figure 4 Example Canopy) 7) Face or wall of building means the general outer surface of any main exterior wall or foundation wall of the building, including windows and storefront. (8) Flag means the fiag, pennant or 4 4/9.hrl/-1,â€¢A:F.2 ensign of any nation, organization or nations, 1,5 n. - /Imb#~LA - state, county, city, religious, civic, charitable (Figure 3 Example Awning) or fraternal organization, or educational institution. Â·Â·.741Â®>0-7~4'f#?;:,0/bi'**#/0~*I~~ie#fl Revision Date: October 6, 2010- Page 2 EXHIBIT A (9) Frontage, building nneans the which the sign is located and within twenty- horizontal, linear dimension of that exterior five (25) feet of the sign), to the uppermost side of a building which abuts a street, a point on the sign or sign structure. parking area, a mall or other circulation area open to the general public; and has either a (12) Illumination, direct means lighting main window display of the enterprise or a by means of an unshielded light source public entrance to the building. Where more (including fluorescent, light emitting diode Qr than one (1) use occupies a building, each LED (TF & CD/CS ) and neon tubing) which such use having an exterior public entrance is effectively visible as a part of the sign, or exterior main window display for its where light travels directly from the source to exclusive use shall be considered to have its the viewer's eye. own building frontage, which shall be the front width of the portion of the building (13) Illumination, indirect means lighting occupied by that use. (see Figure 31 by means of a light source which is directed at a reflecting surface in such a way as to illuminate the sign from the front, or a light source which is primarily designed to illumi- NOT Qu,/ifyi,ig Bu/dmg fioni,go Qualifying luilig Fientage nate the entire building fagade upon which a - i sign is displayed. .16~. (14) Illumination, internal means light- ing by means of a light source which is within a sign having a translucent back- ground, silhouetting opaque letters or designs, or which is within letters or designs (Figure 5 Example Non-Qualifying and which are themselves made of a translucent Qualifying Building Frontage) material. (10) Frontage, street means the linear (15) Kiosk means a small structure, typi- frontage (or frontages) o f a lot or parcel abut- cally located within a pedestrian walkway or ting on a private or public street which pro- similar circulation area, and intended for use vides principal access to, or visibility of, the as displq~.space/or posters, notices, exhibits, premises. (see Figure 01 â‚¬tÂ©.immÂ»A in no,â€¢mit,0,1 ignsdi,Gh 4-9 (19 1 (16) Light source means and includes 11 1 11 1- any device, or method of producing light, including neon, fluorescent or similar tube i r' = * i m * cr lighting. light emitting diode. gr LED (TF & .u.:m*Â·t" 1Â· *Lu~Â£11,3&5) CD/CS) incandescent bulb and any reflecting surface which, by reason of its construction CS ; a = 1.b Ane- in+.1- bu.~din~ fionl~* th*i <eun:s lo~,idlhe ~k- oWow*ie and/or placement, becomes in effect the light Â·,fo.ehnnfs int.ys.ini~w~n~ew..Maf~Â£-pÂ£,Wic-,*ingl~ /1,90~â„¢i,dewil source. (Figure 6 Arrows indicate frontage counted towards calculations) (17) Lighting backlighted means a con- cealed light source located behind the surface (11) Height means the vertical distance of the sign to highlight specific elements of measured from the elevation of the nearest the sign. sidewalk (or, in the absence of a sidewalk within twenty-five (25) feet, then from the lowest point of finished grade on the lot upon Revision Date: October 6, 2010- Page 3 EXHIBIT A (17) Lighting neon means any method of pursuant to this Section. km*FAI#vid lighting using neon tubes in a manner in 1*66.050(10*3)) which the neon tube can be seen. (TF) (21) National Electrical Code means the (18) Lot means a portion or parcel of latest edition of the National Electrical Code, land, whether part of a platted subdivision or published by the National Fire Protection otherwise, occupied or intended to be occu- Association, as amended and adopted by the pied by a building or use and its accessories, Town. together with such yards as are required under the provisions of this Title. A lot must (22) Nits are a measurement gf be an integral unit of land held under unified luminance. One nit ii equal 12 one candela ownership in fee or in co-tenancy. per square meter (lcd/m2). (CD/CS: clarity) (19) Maintenance means the replacing, (23) Roof means the cover of any build- repairing or repainting of a portion of a sign ing, including the eaves and similar pfejeets structure; periodic changing of bulletin board proiections.(CD/CS) panels; or renewing of copy which has been made unusable by ordinary wear and tear, (24) Roof line means the highest point on weather or accident. g[ a change gl copv 12 any building where an exterior wall encloses identify a new business where the change is usable floor space, including floor area for made 19 211 existing permitted joint housing mechanical equipment. Roof line identification sign panel that ia 112 remain in also includes the highest point on any parapet place. (TF) The replacing or repairing of a wall, provided that the parapet wall extends sign or sign structure which has been around the entire perimeter of the building damaged to an extent exceeding fifty percent (TF). (5094) of the appraised replacement cost (as determined by the building inspector) (TF) (25) Sign means any writing, pictorial shall be considered as maintenance only representation, decoration (including any when the sign conforms to all of the material used to differentiate sign copy from applicable provisions of this Chapter and its background), form, emblem or trademark, when the damage has been caused by an act flag or banner, mural, or outdoor display of o f God or violent accident.(TF) merchandise to attract business (TF-see deletion of outdoor display or merchandise), (20) Marqucc means a permanently or any other display of similar character roofed structure attached to and supported by containing either commercial content gr non- a building, and projecting from the building. commercial content (Staff: content neutrality) (TF) which: (20) Motor vehicle providing public a. Is a structure or any part thereof transportation is a motor vehicle operated (including the roof or wall of a building); pursuant to a certificate of public conven- ience and necessity to operate as a common b. Is written, printed, projected, carrier for hire for the transportation of painted, constructed or otherwise placed passengers and their baggage, on schedule, or displayed upon or designed into a issued by the Public Utilities Commission of building, board, plate, canon awning, the State. Vehicles which are exempt from vehicle or upon any material object or regulation as public utilities pursuant to device whatsoever; and Section 40-15-101, et. seq., C.R.S., are not eligible for an exemption from the sign code Revision Date: October 6,2010- Page 4 EXHIBIT A c. By reason of its form, color, word- columns, uprights, poles or braces ing, symbol, design, illumination, motion extended from the ground or from an or other feature attracts or is designed to object on the ground, or a sign which is attract attention to the subject thereof or is erected on the ground, provided that no used as a means of identification, part of the sign is attached to any part of advertisement or announcement, 21 non- any building, structure or other sign. commercial communication. (Staff: Freestanding sign includes pole signs, content neutrality) pedestal signs and ground signs.ipmove,1 &1.02,2ed.a=BE (26) Sign face means the surface of a sign upon, against or through which the mes- f. Identification sign means and in- sage is displayed or illustrated. cludes any ofthe following: (27) Sign types. 1. A nameplate which establishes the identity of an occupant by listing a. Bulletin board s ign means a sign his or her name and business or profes- used for the purpose of notification to the sional title; public of an event or occurrence of public interest, such as a church service, political 2. A sign which establishes the rally, civic meeting or other similar event. identity of a building or building com- ~bved to~ermitte(MIdfsecti~ plex by name or symbol only; b. Construction sign means a tenipo- 3. A sign which indicates street rary sign announcing subdivision, address or combines nameplate and development, construction or other street address; improvement of a property by a builder, contractor or other person furnishing ser- 4. A sign which identifies an area vices, materials or labor to the premises. in the Town which, by reason of For the purposes of this Chapter, a development, natural features, histori- construction sign shall not be construed to cal occurrences or common references, be a real estate sign as defined in this Sec- has or will become a landmark in the tion.~noÂ·mt to~emlitted sigrsectio,4 Town; and (move,~d"krmitt6igll e. Directional sign means a sign erected by the Town or other governmen- 5. A commemorative sign, such as tal agencies, or a sign erected by permis- a cornerstone, memorial or plague, sion of the Town, directing vehicular or when such is cut into a masonry sur- pedestrian traffic.BmoÂ¥ed, to-permittd face or constructed of bronze or other signuidE~ incombustible material and is made an integral part of the structure /4//dy/ d. Double-face sign means a sign gaild;4&63ign idd where two (2) sides are separated by not more than twenty-four (24) inches and are g. Joint identification sign rneans a parallel to each other. Such signs shall be sign which serves as common or collec- considered as one (~) sign.0~ tive identification for two (2) or more Â¥ermitted si~ectiol uses on the same lot.dmoved * permitted e. Freestanding sign means a sign which is supported by one (1) or more Revision Date: October 6, 2010- Page 5 EXHIBIT A h. Afarqucc sign means a sign n. Suspended sign means a sign sus- depicted upon, attached to or supported pended from the ceiling of an arcade, by a marquee as defined in this Section. marquee or canopy. 6:1,22~~ (Staff & TF) ./6- /VV./VI, i. Off-premises advertising s ign o. Temporary sign means a sign means any off-premises sign, including a which is intended for a temporary period billboard or general outdoor advertising of display for the purpose of announcing a device, which advertises or directs atten- special event, advertising or directing per- tion to a business, commodity, service or sons to a subdivision or other land or activity conducted, sold or offered else- building development, advertising per- where than on the same lot or within the sonal property for sale, or promoting a same building upon which such sign is political campaign or special election. located. 4..AIÂ·,2ZG-.~~1 p. Vehicle-mounted sign means a sign j. Portable sign means a sign which displayed upon a trailer, van, truck, is not attached to the ground, a building or automobile, bus, railroad car, tractor, other structure, but does not include a semi-trailer or other vehicle, whether or vehicle-mounted sign as defined in this not such vehicle is in operating condition. Section. 7,~ibit~ ~d tâ‚¬7~rmitted si~~ectio14 Rctiold q. Vending machine sign means a sign k. Projecting sign means a sign that is incorporated into and designed as a attached to a building or extending in part of a vending machine. 6928 whole or in part twelve (12) inches or M.....Im..4.I more horizontally beyond the surface of the building to which the sign is attached, r. Wall sign means a sign displayed but does not include a marquee sign as upon or against the wall of an enclosed defined in this Section. 07?oV&&4 building or structure where the exposed face of the sign is in a plane parallel to the plane of the wall and extends not more L Real estate sign means a sign than twelve (12) inches horizontally from indicating the availability for sale, rent or the face of the wall. A sign erected upon lease of the specific lot, building or por- or against the side of a roof having an tion of a building or lot upon which the angle of forty-five (45) degrees or less sign is erected or displayed. SPA .uaÂ£=. from the vertical shall be considered to be 1,ermitted sig~ a wall sign, and shall be regulated as such. m. Roof sign means a sign painted on the roof of a building; supported by poles, s. Wind sign means a sign consisting uprights or braces extending from the roof of one (1) or more banners, pennants, rib- of a building or projecting above the roof bons, spinners, streamers or captive bal- line or a building, but does not include a loons, or other objects or materials fas- sign proj ecting from or attached to a wall tened in such a manner as to move upon as permitted by this Chapter. (See wall being subjected to pressure by wind or breeze, but does not include flags. *diN Revision Date: October 6,2010- Page 6 EXHIBIT A 1. Window sign means a sign which is civic meeting or other similar event. (Staff: painted on, applied or attached to, or clarity & readability) located within three (3) feet of, the interior of a window, which sign can be (33 Construction sign means a temporary seen through the window from the sign announcing subdivision, development, exterior of the structure. Merchandise construction or other improvement of a which is included in a window display property by a builder, contractor or other shall not be included as part of a window person furnishing services, materials or labor sign. ..~ to the premises. For the purposes of this Chapter, a construction sign shall not be u. Outdoor display of merchandise to construed to be a real estate sign as defined attract busin UJU means the outdoor dis in4hieÂ·Seetien.-(Staff: clarity & readability) ,~ râ€¢ râ€¢ play of merchandise offered for sale where such outdoor display is located (3) Directional sign means a sign erected with the primary purpose of attracting by the Town or other governmental agencies, attention of passing motorists or pedestri or a sign erected by permission of the Town, ans, and where the display is moved directing vehicular or pedestrian traffic. indoors at the close of business daily and therefore does not constitute seasonal or (4) Double-face sign means a sign where permanent accessory outdoor storage. two (2) sides are separated by not more than (TF) twenty-four (24) inches and are parallel to each other. Such signs shall be considered as (28) Sign structure means any supports, one (1) sign . (see Figure Z,1 uprights, braces or frameworks of a sign. Illf//~f52/ (29) Signs, number of For the purpose / lk....0/ r. 11111'Me. of determining the number of signs, a sign shall be considered to be a single display sur- ./4-599 ~ DOWNTOWN CAMPUS ~ face or display device containing elements clearly organized, related and composed to I/11//li/ 1 .0.8 form a unit. Where sign elements are dis- played in an unrelated or random manner, each element shall be considered to be a sin- gle sign. (Ord. 11-76 Â§2(part), 1976; Ord. . *11/Zilillillimmillimme:Mim"//./Illillillillill 25-76 Â§1. 1976; Ord. 21-82 Â§1(E), 1982; Ord. 15-97,1997; Ord. 17-02 Â§1(part), 2002) (Figure 7 Double sided width max 24") 17.66.040.01 Permitted Sign Definitions (7) Flag means the flag, pennant or (Staff: claritv & readability) ensign of any nation, organization or nations, Frhis islfalMetion-wit17~mmf-fl~gl state, county, city, religious, civic, charitable or fraternal organization, or educational H+Stitittiek As used in this Chapter, the following words and phrases are defined as follows: ill Flag means a piece of cloth or fabric, usually rectangular. of distinctive color and (1) Bulletin board sign means a sign used design, used &% a symbol. standard. signal, gr for the purpose of notification to the public emblem. (Staff: clarity, readability, content of an event or occurrence of public interest.i neutrality) such as a religious ser.Fice, political rally, Revision Date: October 6,2010- Page 7 EXHIBIT A (6) Freestanding sign means a sign which the sign is attached:. but does not include a is supported by one (1) or more columns, marquee sign as defined in this Section. (TF) uprights, poles or braces extended from the ground or from an object on the ground, or a (10) Real estate sign means a sign sign which is erected on the ground, provided indicating the availability for sale, rent or that no part of the sign is attached to any part lease of the specific lot, building or portion of any building, structure or other sign. of a building or lot upon which the sign is Freestanding sign includes pole signs, erected or displayed. pedestal signs and ground signs. (11) Suspended sign means a sign sus- (73 Identification sign means and includes pended from the ceiling of an arcade, any of the following: marquee or canopy. a. A nameplate which establishes (12) Temporary sign means a sign which the identity of an occupant by listing is intended for a temporary period of display his or her name and business or profes- for the purpose of announcing a special event sional title; as expressly provided for herein, advertising or directing persons to a new subdivision or b. A sign which establishes the other new land or building development, identity of a building or building com- advertising personal property for sale, or plex by name or symbol only; promoting a political campaign or special election. (Staff/Attorney White: recent c. A sign which indicates street changes for clarity) address or combines nameplate and street address; (13) Vehicle-mounted sign means a sign displayed upon a trailer, van, truck, d. A sign which identifies an area automobile, bus, railroad car, tractor, semi- in the Town which, by reason of trailer or other vehicle, whether or not such development, natural features, histori- vehicle is in operating condition. cal occurrences or common references, has or will become a landmark in the (14) Vending machine sign means a sign Town; and that is incorporated into and designed as a part o f a vending machine. e. A commemorative sign, such as a cornerstone, memorial or plague, (15) Wall sign means a sign displayed when such is cut into a masonry sur- upon or against the wall of an enclosed face or constructed of bronze or other building or structure where the exposed face incombustible material and is made an of the sign is in a plane parallel to the plane integral part o f the structure. of the wall and extends not more than twelve (12) inches horizontally from the face of the (9 Joint identification sign means a sign wall. A sign erected upon or against the side which serves as common or collective of a roof having an angle of forty-five (45) identification for two (2) or more uses on the degrees or less from the vertical shall be same lot. considered to be a wall sign, and shall be regulated as such (see Figure 81. (9) Projecting sign means a sign attached --- Cons,d.fed D fox>f to a building or extending in whole or in part KA- twelve (12) inches or more horizontally , # no, consider* I foo~ 1~ d surf"eis 45 degree, or ls. I. , ell. beyond the surface of the building to which 45 - - - cons,der,d a roo' Revision Date: October 6, 2010- Page 8 EXHIBIT A (Figure 8 Defined wall sign 45 degrees or (Figure 10 Example prohibited roof sign) less if attached to roof) ..~ Example: (16) Window sign means a sign which is ~IE lq)~~*~~ 92 -LAW Prohibited - --- --2. Eli~L~ Rost Signs painted on, applied or attached to, or located within three (3) feet of, the interior of a window, which sign can be seen through the 41"9/1,/' window from the exterior of the structure. Merchandise which is included in a window 9....00 display shall not be included as part of a %......d...1/24/9 ,/ r window sign. - I 17.66.040.02 Prohibited Sign Definitions . 25 1- -- (Staff: clarity & readability) ~Th~thlM|~~~ (Figure 9 Example prohibited signs) lelocated) 01 Wind sign means a sign consisting of As used in this Chapter, the following one (1) or more banneak pennants, ribbons, words and phrases are defined as follows: spinners, streamers or captive balloons, or other objects or materials fastened in such a 0) Off-premises advertising sign means manner as to move upon being subjected to any off-premises sign, including a billboard pressure by wind or breeze, but does not or general outdoor advertising device, which include flags QI temporary banners and advertises or directs attention to a business, Town-sponsored events banners aa provided commodity, service or activity conducted, for herein. (Staff recent changes for internal sold or offered elsewhere than on the same consistency) lot or within the same building upon which 17.66.050 Exemptions. such sign is located. (2) Portable sign means a sign which is Except as specifically provided herein, the not attached to the ground, a building or following may be erected without a sign permit. other structure, but does not include a These exempt signs shall 11(lt 12Â© included ill the vehicle-mounted sign as defined in this determination gf the total allowable number Qf Seetien. (Staff: readability) signs or total allowable sign area fer a business. (Staff clarity & readability) All signs shall meet (3) Roof sign means a sign painted on the all applicable setback, construction, illumination roof of a building; supported by poles, and safety standards. Any signs larger in size or uprights or braces extending from the roof of with any different standards than stated in this a building or proj ecting above the roo f line or Section shall be required to obtain a sign permit. a building. but does not include a sign projecting from or attached to a wall as (1) Signs which are not visible beyond permitted by this Chapter.(scc Figures 9 and the boundaries of the lot or parcel upon 10). Roof signs may bÂ© allowed only as which they are located and/or from any pub- approved through the Creative Sign Program lie thoroughfare or right-of-way. (Section 17.66.210) (Staff: clarity) (2) Official governmental notices and E-an'.de: e,01,11Â»,te. Moursign notices posted by governmental officers in 0 - the performance of their duties, and govern- CARPETAND Â¥,LE x mental signs to control traffic or for other Revision Date: October 6, 2010- Page 9 EXHIBIT A regulatory purposes, to identify streets or to operated or stored in the normal course of a warn of danger. business, such as signs indicating the name of the owner or business which are located (3) Flags, limited to three (3) flags per on moving vans, delivery trucks, rental lot. The maximum individual size of a per trucks and trailers and the like, provided that manently displayed American flag, Colorado the primary purpose of such vehicles is not flag and official Town of Estes Park flag for the display of signs, and provided that shall be forty (10) square feet. The maxi they are parked or stored in areas appropriate mum individual size of all other permanently to their use as vehicles. displayed flags shall be fifteen (15) square feek (Staff: clarity, readability, content (8) All "open," "vacancy" and "no neutrality) vacancy" signs and signs designed to indicate vacancy, such as "yes, 11 11 no" and "sorry," (3) Flags that dg not identify a whether they are non illuminated, internally commercial enterprise gr other place gf illuminated, indirectly illuminated or directly business. limited tg three (31 flags ng 1211 s, provided that the area of The maximum individual size gf a displayed the sign does not exceed two and one half flag shall be three Â£31 feet bY five (31 feet 964 four Â£41 square feet per face. (TF) when hung from a building. QI five Â£51 feet by seven Â£21 feet when hung from a flag pole. (9) Displays of string lights, provided The foregoing limitation gn number and size that they are: ef non-commercial flags may 11Â© exceeded only as approved through the Creative Sign a. Decorative displays which only Program (Section 17.66.210) (Staff: clarity, outline or highlight landscaping or readability, content neutrality) architectural features of a building, and are not placed on or used to outline signs, (4) Temporary decorations or displays, sign supports, awnings and/or canopies, when such are clearly incidental to and are or assembled or arranged to convey customarily and commonly associated with messages, words, commercial advertise- any national, state, local or religious holiday ments, slogans and logos; eF--eelebfatien: widely recognized holidays. (Staff: clarity & readability) b. No greater in intensity than five (5) watts, and are steady-burning, clear, non (5) Temporary or permanent signs eeleped bulb lights. No blinking, flashing erected by the Town, public utility compa- or intermittent changes in intensity or ro- nies or construction companies to warn of tating shall be permitted; (Staff: content danger or hazardous conditions, including neutrality) signs indicating the presence of underground cables, gas lines and similar devices. (10) Signs displayed on motor vehicles providing public transportation, provided that (6) Merchandise, pictures or models of they conform to the following requirements: proj ects or services which are incorporated as an integral part of a window display, where a. The signs are flat and do not pro- all such items displayed are located within ject more than four (4) inches from the the interior of the building where the busi- surface of the motor vehicle. ness is located. b. No more than one third (14) of the (7) Signs displayed on trucks, buses, surface area of the vehicle is covered by trailers or other vehicles which are being the signs. Surface area shall not include Revision Date: October 6, 2010- Page 10 EXHIBIT A the roof, wheels, lights and/or undercar Â£ An open house sign may not hg riage of the vehicle.(TF) displayed for more than three ill consecutive days (this provision does b. The signs shall not be prohibited not apply tg show models in new signs as more specifically set forth in Sec- developments). (TF & CD/CS) tion 17.66.060. (13) Signs in the nature of cornerstones, c. Motor vehicle providing public commemorative tablets and historical signs transportation is a motor vehicle operated which do not exceed four (4) square feet per pursuant to a certificate of public face in area and six (6) feet in height, and convenience and necessity to operate as a which are non-illuminated or indirectly common carrier for hire for the illuminated. transportation of passengers and their baggage, on schedule, issued by the (14) Private traffic directional signs guid- Public Utilities Commission of the State. ing or directing vehicular or pedestrian traffic Vehicles which are exempt from onto or off of a lot or within a lot when such regulation as public utilities pursuant to do not exceed three (3) square feet per sign Section 40-15-101, et. Seq., C.R.S., are per face in area and eight (8) feet in height, not eligible for an exemption from the and do not contain any advertising or trade sign code pursuant to this Section. name identification. Private traffic control signs which conform to the standards of the (11) Identification signs which do not Colorado Manual of Uniform Traffic Control exceed two (2) square feet per face or four Devices may exceed three (3) square feet per (4) square feet in total surface area; limited to face in area, but shall not exceed seven (7) six (6) feet in height and limited to one (1) square feet per face. Such signs shall not such sign per use or per building, whichever exceed eight (8) feet in height. is the greater number. (15) Signs required or specifically (12) Temporary non-illuminated real authorized for a public purpose by any law, estate signs which do not exceed 94*+64 nine statute, ordinance or resolution. (91 (TF) square feet in total area and four (4) feet in height, liinited to one (1) such sign per (16) Non-illuminated window signs, street frontage. Such signs are restricted to when the total area of such signs: the subject property and shall not remain in place more than seven (7) days after the sale, a. Does not exceed twenty-five per- lease or rental of the subject property. cent (25%) of the total window area at the ground floor level on the side o f the build- A. 311 open house sign associated with ing or business unit upon which said signs the property fer sale may only * are displayed; and displayed from one Â£11 hour before the start Qf thÂ© open house, and must Â® b. Does not exceed twenty-five per- removed 119 later than one Â£13 hour after cent (25%) of the total allowable sign area Illg conclusion gif ihg open house. (TF & for the premises. CD/CS) c. Such signs shall not exceed four (4) 11 :An open house sign may only bg square feet in total surface area per sign displayed between 8:00AM and 8:00PM when placed in windows above the each day. (TF & CD/CS) ground floor level, and no signs shall be Revision Date: October 6, 2010- Page 11 EXHIBIT A placed in windows above the second floor (22) Vending machine signs, provided level. that such signs are limited to the product being vended. (Ord. 11-76 Â§2(part), 1976; (17) Signs commonly associated with, Ord. 36-76 Â§1, 1976; Ord. 17-80 Â§1, 1980; and limited to information and directions Ord. 21-82 Â§1(A), (B) and (C), 1982; Ord. 1- related to the permitted use on the lot on 87 Â§1,1987; Ord. 6-87 Â§1,1987; Ord. 15-97, which the sign is located, provided that each 1997; Ord. 17-02 Â§1(part), 2002; Ord. 17-07 such sign does not exceed one hundred fifty Â§1,2007) (150) square inches in total area. (This cate- gory shall be interpreted to include such 17.66.060 Prohibited signs. signs as "no smoking, 1, 11 rest room, .â€ž no solicitors," "self-service" and similar The following signs shall not be permitted, informational signs.) erect ed or maintained in the Town: (18) Signs which identify items such as (1) Off-premises advertising except as credit cards, menus or prices; limited to one otherwise provided for here in under sections (1) such sign for each use, not to exceed four 17.66.170 and 17.66.180 (Staff: clarity & (4) square feet per face or eight (8) square readability) feet in total area. Such signs may be attached to the building, as proj ecting or wall signs, or (21 Portable signs; roof signs and wind included as an integral part of a freestanding signs. (Staff: clarity & readability) sign. Â£3) Signs with visible moving, revolving (19) Regulatory signs erected on private or rotating parts or visible mechanical property, such as "no trespassing" signs, movement of any description or other appar- which do not exceed two (2) square feet per ent visible movement achieved by electrical, face or four (4) square feet in total surface electronic eF- mechanical means, 91 any other area, limited to four (4) such signs per use or external means including without limitation per building. wind QI other external forces, except for Town Sponsored Banners and Temporary (20) Text or copy changes on signs Banners aa provided in sections 17.66.180, specifically designed to permit changes of the 17,66.190, and 17.66.200, (Staff: clarity & text or copy thereof; readability) time-temperature-date signs, traditional barber poles, and gauges and dials (21) Temporary Special Event Posters which may be animated to the extent that Â® not exceed two (21 square feet in size necessary to display correct measurement; limited W one Â£11 such sign 11*r event ng premise. (Staff & CD/CS: accommodate 64 (11 Signs with optical illusion of Duck Race) movement by means of a design which presents a pattern capable of reversible (21) A sign, which docs not exceed six perspective, giving the illusion of motion or (6) square feet per face or twelve (12) square changing of copy; feet in total surface arca; limited to six (6) feet in height and limited to one (1) such sign 6-34 (3) Signs with lights or illuminations per lot and which does not propose, concern, which flash, move, rotate, scintillate, blink, reflect or promote a commercial purpose. flicker, vary in intensity, vary iii change (Staff: internal consistency) ( Staff: clarity & readability) color or use intermittent electrical pulsations; Revision Date: October 6, 2010- Page 12 EXHIBIT A (1) Strings of light bulbs used in b. Creates an unsafe distraction for connection with commercial premises for motor vehicle operators, or commercial purposes, other than traditional holiday decorations except as provided in c. Obstructs the view of motor vehicle Subsectin 17.66.050(9); (TID operators entering a public roadway from any parking area, service drive, private (5) Wind signs and banners, (TF & driveway, alley or other thoroughfare; CD/CS) (11) Any sign which obstructs free (6) Signs which incorporate projected ingress to or egress from a required door, images, emit any sound which is intended to window, fire escape or other required exit attract attention, or involve the use of live way; animals; (12) Roof signs, except as specifically (7) Any sign which is installed or erected permitted by Section 17.66.110; (CD/CS) in or projects into or over any public right-of- way, except in the case of a sign for which a 83+412) Off-premises advertising signs; permit has been issued in conformance with except &2 specifically permitted bY Section the requirements of this Chapter; 17.66.170 for Community Special Events Signs and Stanley Park Special Events Signs; (8) Signs not permanently affixed or attached and Section 17.66.180 for Town Sponsored to the ground or to a permanent structure, Special Events Banners, 22 defined herein. (for example, ban:Hefs, sandwich boards and (Staff: clarity & readability) handheld signs), Temporary real estate signs attached to posts driven into the ground and (11) Signs not pertinent and or not clearly temporary safety barriers are excepted. related to the permitted use on the property (Staff: clarity & internal consistency) except where located, except for temporary political fer Temporary Signs aa provided for under signs. as permitted and regulated by Section 17.66.070 Temporary signs. herein. (Staff: 17.66.070, and except for signs permitted clarity & internal consistency) under the provisions of Section 17.66.130.(Staff: clarity & readability) (9) Any sign or sign structure which: (15) Except as provided in Subsection a. Is structurally unsafe, or 17.66.050(8), an)' sign having direct illumination, including but not limited to b. Constitutes a hazard to safety or visible neon tubing. (Ord. 17 02 Â§1(Part), health by reason of inadequate inainte- 20024 (Staff: clarity & readability) nance or dilapidation, or ( 13) Signs with commercial content not c. Is capable of causing electrical pertinent and QI 1121 clearly related tg tilg shocks to persons likely to come in con- principal permitted use on the propertv where tact with it; located. (Staff: clarity & readability) (10) Any sign or sign structure which: 17.66.070 Temporary signs. a. Obstructs the view of, may be con- Temporary signs in all zoning districts shall fused with or purports to be an official be subject to the following specific require- traffic sign, signal or device or any other ments: official sign, or Revision Date: October 6, 2010- Page 13 EXHIBIT A (1) The size Qf temporary signs shall be c. In case of a subdivision, construe- limited L thÂ© maximum size allowed herein tion signs shall not be displayed prior to fQr permanent signs in ihg respective zoning the date of official filing recordation of districts, unless a larger size is expressly the final subdivision plat. (CD/CS) provided for hereunder. (Staff: clarity & readability) d. In other cases, such signs may be displayed for the duration of construction El Temporary real estate signa 11(1 larger until issuance of a certificate of occu- than nine (91 square feet Er face shall 11Â© pancy. exempt from any permit for a period Qf one Â£11 year. All other temporary signs shall be (2) Election signs. Those signs concerning allowed for a period Qf ninety (90) days issues and candidates in forthcoming without a permit. Temporary signs intended elections shall be removed by the person m bÂ© displayed fg[ a period longer than placing or crecting them or by the occupier of ninety (90) days are required tg obtain 9 the premises on which they are located permit, and shall identifY the longer time within ten (10) days following the election to period on the permit. (TF) hich they pertain unless the sign conveya .V some other or further ideological message or (31 Temporan' (Staff: internal has some other or further ideological consistency) Construction signs. Signs significance. Election signs shall be restricted advertising subdivision, development, to a maximum size of four (1) square feet in construction or other improvements of a all residential districts and a maximum size property shall be permitted in any zoning of one hundred fifty (150) square feet in all district and shall comply with the following: other districts. (Ord. 11 76 Â§2(part), 1976; Ord. 21 82 Â§1(M), 1982; Ord. 17 02 a. Such signs shall be limited to free- Â§1 (part), 2002) (Staff: content neutrality) standing, wall or window signs, shall not exceed thirty six (36) square feet iIi total 04 Temporary banners. See Sections area nor eighteen (18) two (32) (TF) 17.66.180,17.66.190, and 17.66.200, (TF & square feet per face, and shall not exceed CD/CS) twelve (12) feet in height. No riders or attachments to such signs shall be permitted. For residential developments 17.66.080 Computation of sign area. consisting of five (5) dwelling units or less, the maximum area permitted for a The area of a sign shall be measured with the construction sign shall be three (3) square following regulations: feet per face for each dwelling unit being eenetfueted: (TF) (1) In computing the area of a sign, standard mathematical formulas for common b. Construction signs shall be dis- regular geometric shapes, or combinations played only on the property to which the thereof, shall be used. sign pertains. One (1) such sign shall be permitted for each street upon which the (2) In the case of an irregularly shaped property either has frontage or has an sign or a sign with letters and/or symbols entrance from a major thoroughfare; pro- directly affixed to or painted on the wall of a vided that the minimum distance between building, the area of the sign shall be the signs on any single development shall be entire area within a single continuous one thousand (1,000) feet. perimeter of not more than eightHÂ·8*twelve ( 12) (TF) straight or radial lines enclosing the Revision Date: October 6,2010- Page 14 EXHIBIT A extreme limits of writing, representation, (Figure 12 Example sign structure included emblem or any figure of similar character, in calculating sign area) together with any material or color forming an integral part or background of the display (4) Where a sign has two (2) or more or used to differentiate such sign from the display faces and is not a double-faced sign, backdrop or structure against which it is the area of all faces shall be included in placed (see Figure 11). determining sign area. . (5) The total surface area of multiple-unit signs shall include the vertical and horizontal spacing between the letters which comprise 0. ~ the word or words that convey the sign's L / 0 Â®t 4, message (see Fimire 1 31 5pl. '~/ AUSTRALIA L iFigure 11 Irregular shaped sign) *0- 0 0 a . 1-lili (3) That portion of the sign structure which is visible and viewed in the same plane as the sign face, and which either: a) (Figure 13 Example multiple unit sign) exceeds fifty percent (50%) of the sign face, or b) is made an integral part or background (6) Where three-dimensional figures are of the display shall be included in computing used as signs, the area shall be the total area, the total sign area (see Figure 12), as projected on a vertical plane, of each side of the figure which is visible by the public ~~~~~~ *~ beyond the boundaries of the lot upon which the figure is located. For purposes of this ri regulation, a figure shall be considered to '11- have not less than one (1) nor more than four - . (4) sides. (see Fifuire .It This shall bc the 7 method used to calculate the area of "outdoor The area of the entire 1 displays of merchandise to attract business" structure should not be more man 1.5 hines the and other three dimensional figures or area of the sign pannets. Any area in excess of this. i displays that are to be considered in the total amount is counted as , allowable signage calculations.(TF: see signage. , - ---2 2 0 =.Ip...'.* deleted outdoor display language) nft>- &0251110- il-- . This piojee'ld a./.- ..1%3 E--:3~11=-&*-4//ER,6 =/Elaa -PA -- \ med- *eRAÂ» :0.- i 1~4 ...71. +7 Ir--4 t #.1 . -7ip Â¥35\\~ 41 .5.*IL,IIIAL *zi,=--Al Revision Date: October 6, 2010- Page 15 EXHIBIT A (Figure 14 Example three dimensional sign) 00 Â£11 Signs al street intersections shall hg located in conformance with Appendix Il (7) Building frontage used as the basis of Section IM. Intersection and Drivewav determining permitted sign area for one (1) Visibility gf 11* Estes Valley Development use shall not be used again as the basis for Code (Staff: internal consistency) determining the permitted sign area for a different use. Nothing in this Subsection (21 Illumination. Illuminated signs shall shall be construed to prohibit the additional be subject to the following conditions: building or use from erecting a sign which would otherwise be authorized by the provi- (1) Any light used for the illumination of sions ofthis Chapter. a sign shall be shielded so that the beams or rays of light will not shine directly beyond (8) All riders or attachments to signs or the lot upon which the sign is located.(TF & sign structures (whether temporary or perma- CD/CS) nent) shall be included as part of the total sign area for the sign to which they are (29-a. Neither the direct nor the attached. (Ord. 11-76 Â§2(part), 1976; Ord. reflected light from any light source 21-82 Â§1(K), 1982; Ord. 17-02 Â§1(part), shall create a traffic hazard or 2002) distraction to operators of motor vehicles on public thoroughfares. 17.66.090 General regulations. Â¢34 h. The light from L illuminated Any sign allowed herein may contain. lo lieu sign shall not be of an intensity gr Qf any other message gr copy. any lawful, non- brightness that will create a negative commercial message. E long &2 111Â© sign impact gIl adiacent uses in direct line- complies with thÂ© size. number, illumination, of-sight 0 ihg sign (TF) height, area. and other requirements. Signs containing non-commercial content are subiect g External light sources shall be ig this sign code in illg same manner Qi signs directed and shielded ig limit direct that have commercial content. including, without illumination gf any object other than limitation, permitting, size and location ihg sign. (IE) regulations.(Staff: content neutrality) d.. In 112 case. with all lighting Ca) Signs at street intersections. On components energized. shall the corner lots, no sign or sign structure between lighting intensity gf any sign. whether a height of two and one half (2.5) feet and resulting from internal gr external ten (10) feet above the street elevation (other illumination, exceed ten (10) foot than a pole twelve [12-] square inches or less candles when measured with a in cross sectional arca) shall be erected standard light meter held al a distance within the following described area: the gf 1= ( 10) feet from !11Â© sign face. interior triangle formed by the right of way (CD/CS) lines at such corner lots and a straight line joining the right of way lines at points which 9. Signs shall not have exposed are thirty (30) feet from the intersection of incandescent lamps exceeding fifteen the right of way lines. This regulation shall (15) watts. Signs shall not have apply to all signs except wall signs. (Staff: exposed neon QI fluorescent lamps internal consistency) exceeding 400 lumens per foot. (TF) Revision Date: October 6, 2010- Page 16 EXHIBIT A f. Maximum brightness levels ar in the total allowable sign area for the premises electronic reader boards shall not (see Figure Ul. All illuminated window signs exceed 4,000 nits when measured from shall be included in the total allowable sign area 111Â£ sign's face at its maximum for the premises. brightness during daylight hours and 400 nits when measured from tile sign's face at ili maximum brightness between dusk and dawn. (TF) .=WAri~ 1 1 . v- g: Electronic reader boards located within the . WorÂ¢ 2*" 1 CD-Downtown Commercial zoning district shall I............ hg restricted 19 a static image that changes no Toral cornbiriedwayg<63- I 3*-, 2} - 4Â»14...iein-, *re*ns . '.1185 ~uareinche, 25~ c~VxatglaziÂ·i, = 1 22/J I *u,Iae in.hel 9,grilare ri.lirivi~atiÂ·,Â·,of EVM,2 .88,1~0(1. more than once in any twentv-four (24) hour (Figure 15 Example of allowable sign) period. Electronic reader boards located in the all other commercial districts shall 12Â£ restricted fe)-(5) Signs which identify lands which ig a static image that changes ng more than once have been subdivided in accordance with everY twenty minutes. (TF) the Estes Valley Development Code shall be subject to the following regulations: h Ng illumination shall hÂ© anything other than a steady. continuous burning bulb gr lights. â‚¬14 K. The sign may be located within Flashing. blinking, oscillating, rotating gr public street right-of-way where such sign intermittent turning on-and-off gf any is approved as an integral feature of the illuminating device ia prohibited. Time/weather street construction plans at the time of informational signi and official warning and final plat approval. Otherwise, the sign regulatory signs erected b the Town gr State shall be located a minimum of ten (10) are exempt from this regulation. (TF & CD/CS) feet from the street right-of-way line. Â£ Signs in commercial and restricted industrial (24 11 Such signs shall conform to the zoning districts may be indirectly. directly (TF) sign requirements relating to site or internally illuminated. distances at intersections under the provisions of this Chapter. fe*Â£31 Signs on fences and freestanding walls. Signs displayed upon fences or upon freestand- (34 6 The maximum size for a ing walls shall be erected or mounted in a plane subdivision identification sign shall be parallel to the fence or wall, and shall not extend thirty-six (36) square feet (or eighteen above the top of the fence or wall nor project [18] feet per face). more than twelve (12) inches from the face of the fence or wall. Such signs shall be subject to (44 {L The signs shall only contain the all regulations of this Chapter applicable to free- name of the subdivision and not a standing signs, including but not limited to pictorial representation of the subdivision. maximum area per sign, maximum sign height, (Ord. 11-76 Â§2(part), 1976; Ord. 25-76 minimum setback from property lines and num- Â§Â§2, 6, 1976; Ord. 17-80 Â§2, 1980; Ord. ber of signs permitted per lot or per premises. 21-82 Â§1(I) and (J), 1982; Ord. 15-97, 1997; Ord. 17-02 Â§1(part), 2002) (44 ED Window signs. The area of all window signs in excess of twenty-five percent (25%) of 17.66.100 District sign regulations. the total window area at ground floor level on the side of the building or business unit upon (a) Use districts (zoning districts). The use which such signs are displayed shall be included districts, as set forth in this Title and amend- Revision Date: October 6,2010-Page 17 EXHIBIT A ments hereto, shall apply to this Chapter. The boundaries of these districts shall be determined by reference to the zoning map of the Estes Valley, to this title and amendments hereto and to sections on interpretation of such maps as may be contained in this Title and amendments hereto. (b) Establishment of district regulations. The type of signs permitted and the regulation of the number, placement, area and use of signs is established. No sign shall be erected except as provided in this Chapter and in the district in which it is permitted, nor shall any sign be used for any purpose or in any manner except as allowed by the regulations for the district in which such sign is proposed or maintained. (c) Schedule of requirements. The following schedule of 'class of sign permitted".(Staff: clarity & internal consistency) "type of sign permitted," "maximum sign area permitted per lot 91 business (Staff: clarity & internal consistency)," "maximum area per sign face," "maximum number of signs permitted" and "maximum height of freestanding signs" regula- tions for the various zoning districts is adopted. (d) Total allowable sign area. The total area of all signs on a lot, or, in the case of a permitted use or uses occupying two (2) or more adjacent lots, the total area of all signs on all such adjacent lots shall not exceed one and one-half (1.5) square feet per lineal foot of building frontage at ground level, and three-quarters (0.75) square foot per lineal foot of second story building frontage. In no event, however, shall the cumulative total allowable sign area exceed one hundred fifty (150) two hundred (200) (IT) square feet per business. Revision Date: October 6, 2010- Page 18 EXHIBIT A Schedule of Requirements Ff. im Nonresidential Zoning Districts (A, A-4.CD, CO, CH, O, I-1) Gtes-Type of Sign 4-ype*Sign Maximum Sign Area Maximum Area Maximum No. Maximum Permitted Pern:litted Permitted Per Business Per Sign F ace of Signs Height of Permitted Signs All permitted in i +60 211{1 sf for Suspended: 5 Freestanding: 2 25 ft Subsection 17,66-940(26) freestanding, except m sf per Lot 17.66.040(26), teteem peept-subdwls,en the CD district where the freestanding max. Time-temp: 10 area shall be 150 sf sf 15 sf for projecting 10 sffor suspended (5 per face) 1.5 sfper If offrontage (4-60 2{10 sf max.) for wail signs Temporary Temporary Temporary 12 ft Construction: Â»32 sf Construction: Construction: 1 4-4 32 sf per street Residential Multi-family (RM, R-2, A-1)* Giaeft Type of Sign iypeef-Sign Maximum Sign Area Maximum Area Maximum No. Maxiinum Permitted Pem#Hed Permitted Per Lot Per Sign Face of Signs Height of Permitted Signs All permitted in N 75 sffor freestanding Suspended: 5 Freestanding: 1 All signs:25 Subsection #46-94@91 sf per Lot ft 17.66.040(26), except 15 sfforprojecting e, *3.-&4 oubdivisionsh, 1 m, 9 - t- Vending machine 10 sf for suspended signs. (5 per face) 1.5 sfper lf offrontage for wall signs (max. 1 50 sf) Fe~,11 Single-family Residential Zoning Districts (R-1, R, E-1. E. RE. RE-1)* Glass Type of Sign :Fype-ef-Gign Maximum Sign Area Maximum Area Maximum No. Maximum Permitted Pennitted Permitted Per Lot Per Sign Face of Signs Height of Permitted Signs All permitted in 1 1 sf identification only All signs: 2 9 sf 2 per heiÂ·kling All signs:6 Subsection Fr66-04*26) (See 17.66.050) All residence it 17.66.040(26),except except subdivisions signs: 9 sf rubdi:ision:, h,j, m,:,& a, g, i.&4 t Bulletin board signs~ Joint Identification sings. Vending machine signs. *Except for address identification signs not exceeding 4 square feet and subdivision identification signs, signs in Single Family Residential districts shall not be illuminated in anv manner (Ord. 11-76 Â§2 (part), 1976; Ord. 25-76 Â§3, 1976; Ord. 8-81 Â§1,1981; Ord. 15-97,1997; Ord. 17-02 Â§1(part), 2002) Revision Date: October 6,2010- Page 19 17.66.110 Sign regulations in non-residential Â£ The combined total of all zones Â£1 CD, CO, CH, Q, I-1). (Staff: clarity freestanding signs on an individual & internal consistency) property or single lot shall not exceed one-hundred-fifty (150) square feet. The following regulations shall apply to all uses in non-residential zoning districts: (4) Signs on canopies, awnings and architectural projections. (1) Total allowable sign area. a. Maximum area: The total area of a. The total area of all signs on any such signs shall not exceed thirty percent face of a building shall not exceed one (30%) of the width of the projection and one-half (1.5) square feet per lineal multiplied by the vertical height of the foot of building frontage at ground level, projection. and three-quarters (0.75) square foot per lineal foot of second-story building b. Proj ection: frontage. 1. The face of any such sign shall b. The maximum allowable total not project above or below the face of cumulative sign area for any one (1) the canopy, awning or architectural business shall not exceed ene-heedped projection (see Figures 16 and 171 tifty-8.60) two-hundred (200) (TF) square Signs may proj ect horizontally beyond feet, except in thÂ© CD district where the the face of a eanopy or architectural freestanding maximum area shall be 150 projection the distance necessary to square feet. (TF) accommodate the thickness of the letters, but no more than twelve (12) (2) Signs or uses with multiple frontage. inches. The total area of all signs on any face of a building shall not exceed one and one-half Example: Cor,formIng ProjÂ«twn (1.5) square feet per lineal foot of building / frontage at ground level, and three-quarters (0.75) square foot per lineal foot of second- ---%) 0- ....~~ story building frontage. ....................41/ 1 -. (3) Freestanding signs: -- a. Maximum height: +Twenty-five ' (25) feet. ( .......... b. Minimum setback: e-Eight (8) feet ~mIR~ from any property line, four (4) feet from ~1~ any building. (Figure 16 Example of conforming projection) (CDICS) c. Number: One (1) freestanding sign per street frontage Qr building frontage, (Staff: clarity & internal consistency) not to exceed two (2) per lot. d. Maximum area: No freestanding sign shall be larger than one hundred fifty (150) square feet. 20 - -- 2- Example:Non confom,Ing Pro,ection a. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the / sign. b. Maximum area: Five (5) square feet per face, ten (10) square feet total surface area. c. Minimum horizontal separation: 46 --I.......~=*.-UL-Jill .b Fifteen (15) feet between suspended (Figure 17 Example non-conforming projection) signs. (CD/CS) d. Proj ection: Shall not project beyond the outside limits of the arcade, canopy or 2. Signs displayed on architectural projections which extend fifteen (15) marquee to which they are attached except ils may be approved through tile inches or less from the face of a build- Creative Sign Program (Section ing may be considered wall signs, and 17.66.210) (see Figures Ul and 191 are subject to those provisions. (CD/CS) (5) Projecting signs: a. Minimum setback: four (4) feet - - - from street property line in the . . Commercial Downtown (CD) Zoning District, or eight (8) feet from property .1...........6- lines in all other zoning districts, and no closer to a sideline of the building or storefront than to the centerline of the (Figure 18 Example of non-conforming same building or storefront. suspended sign) b. Minimum clearance: Nine (9) feet from the ground to the bottom edge of the sign. c. Maximum height: Eighteen (18) -- feet. f-/.d'Im./S,e~~h.... I r -w-- 6=6---- 4704J d. Maximum size: Fifteen (15) square feet per sign face. -1=, - 2 - 111 e. Maximum projection: Four (4) - (Figure 19 Example conforming feet. suspended sign) f. Maximum number: One (1) Iwe (7) Wall signs: Â£21 per building bee frontage or per business storefront. (TF) a. Maximum area: The total area of all wall signs on any face of a building (6) Suspended signs: shall not exceed one and one-half (1.5) square feet per lineal foot of building 21 frontage at ground level, and three- where individual sign panels that @re part quarters (0.75) square foot per lineal foot gf a joint identification sign are 1121 larger of second-story building frontage. than eight (81 square feet Er face then that sign area shall bg exempt from the b. Maximum height: Twenty-five total allowable calculation for that (25) feet above the ground. business. (TF) c. Maximum projection: (9) Area of time-temperature-date signs: Signs which do not exceed ten (10) square 1. A wall sign may project above feet per face shall not be included in the the roofline or parapet wall of a build- allowable sign area; provided, however, that ing no more than twenty-four (24) any identification or advertising attached to inches. or incorporated in such signs shall be included in the total allowable sign area. 2. Wall signs may extend a maxi- mum of twelve (12) inches from the (10) Standard brand name signs. Not face of the building. more than twenty percent (208:) of the total allowable sign area for any permitted use 3. Any sign erected upon the side shall be devoted to the advertising of any of a roof having an angle of forty-five standard brand name commodities or degrees (45Â°) or less from vertical services which are not the principal shall be considered a wall sign, and commodity or service being sold or rendered shall be subject to the size and height on the premises, or area not a part of the limitations noted under this name of the business concern involved. Subsection. (Staff: content neutrality) d. Maximum number: One (1) Two (11) "Outdoor display of merchandise to Â£21 wall signa for each thee of a business, attract business" shall be considered a sign ef building atefefrent frontage. (TF) and shall require a permit to be issued prior (Staff: clarity & internal consistency) to display. Measurement of the display area shall be as provided for in Subsection (8) Joint identification signs: 17.66.080(6) of this Code. The display area shall be limited by inclusion in the total a. Type: May be freestanding, allowable signage. The location of the projecting or wall. outdoor display shall conform to Section 7.13 of the Estes Valley Development Code. b. Number: Where a freestanding Outdoor displays arc prohibited in the joint identification sign is used, there shall Commercial Downtown (CD) Zoning be no other freestanding signs permitted District. (Ord. 17 02 Â§1(part), 2002 (TF) on the premises. 17.66.120 Sign regulations in Multi-family Â£ Size: 111 the CD-Downtown residential zones (RM. R-2 and A-1). (Staff: Commercial zoning district. where clarity & internal consistency) individual sign panels that are part Qf a joint identification sign are Ilgi larger than ill Total allowable sign area. two (21 square feet Er face then that sign area shall * exempt from thÂ£ total i. The maximum allowable total allowable calculation for that business. Ill cumulative sign area fg[ any one ill all other commercial zoning districts. 22 multi-family residential 181 shall Â®1 a. The maximum allowable total exceed seventy five (75) square feet. cumulative sign area fer any one 0.1 single-family residential 1Qi shall not 12: Home occupation signs shall not exceed nine (9) square feet. exceed four 01 square feet in cumulative area. b. Home occupation signa shall not exceed four (ED square feet L cumulative Â£21 Freestanding signs: area. 6 Maximum height: Twenty-five (21 Freestanding signs: (25) feet. &: Maximum height: Six (6) feet. b: Minimum setback: Eight Â£81 feet from any property line, four 01 feet from b. Minimum setback: Eight (81 feet any building. from any property line. g Number: One Â£11 freestanding sign g Maximum Number: One 03 Er street frontage or building frontage, freestanding sign per lot. not tg exceed two (21 Ellgi: 17.66.130 140 Structural requirements. Â£31 Wall signs: (a) Construction. ili Maximum area: The total area Qf all wall signa gil any face Qf a building (1) General. Signs and sign structures shall not exceed one and one-half (1.5) shall be securely built, constructed and square feet ng lineal foot Qf building erected in conformance with the require- frontage al ground level, and three- ments of the Building Code. quarters (0.75) square foot ng lineal foot of second story building frontage. (2) Location. Supports for signs or sign structures shall not be placed in or upon pub- b: Maximum height: TwentY-five lic rights-of-way or public easements. (25) feet above tile ground gn multi- family lots. (3) Anchorage. Anchors and supports shall be guarded and protected when near 01 Joint identification signs: driveways, parking lots or similar locations where they could be damaged by moving 1 Type: May * freestanding, vehicles. Signs attached to masonry, con- proiecting gr wall. crete or steel shall be safely and securely fas- tened thereto by means of metal anchors, A Number: Where a freestanding bolts or approved expansion screws of suffi- joint identification sign ia used. there shall cient size and anchorage to support safely the bg ng other freestanding signs permitted loads applied. No anchor or support of any on the premises. sign, except flat wall signs, shall be con- nected to or supported by an unbraced para- 17.66.130 Sign regulations ill &11 Single pet wall. Familv residential zones (11-1. R. E-1. L RE. RE-11. (Staff: clarity & internal consistency) (b) Clearance. Signs shall not be located with less than six (6) feet horizontal clearance, ill Total allowable sign area. or twelve (12) feet vertical clearance from over- 23 head electric conductors which are energized in (8) Continued to be used litter two (2) excess of seven hundred fifty (750) volts. years from the sale of the real property upon which the sign is located, but in no event, (e) Freestanding signs. Where such signs more than six (6) years, six (6) months from are located in vehicular parking and circulation the date the sign become nonconforming. (TF areas, a base or barrier of concrete, steel or other & Staff) effective barrier, not less than thirty (30) inches high, shall be provided to protect the base of the (9) Continued to be used after two (2) sign from possible damage by vehicles. Where years from the sale of the business which the any freestanding sign has a clearance of less sign advertises, but in no event more than six than nine (9) feet from the ground, there shall be (6) years, six (6) months from the date the provided a barrier or other adequate protection sign became nonconforming. Sale of the to prevent hazard to pedestrians and motorists. business shall include, but not be limited to, the sale of substantially all of the assets of a (d) Electric signs. Electric signs shall be business: (TF & Staff) constructed and installed in accordance with the provisions of the National Electrical Code. (b) A nonconforming sign shall be brought (Ord. 11-76 Â§2 (part), 1976; Ord. 21-82 Â§1(N), into conformance or removed VV ithin thirty (30) 1982; Ord. 15-97, 1997; Ord. 17-02 Â§1(part), days of the occurrence of any of the events set 2002) forth in Subsection (a) above. (TF & Staff) (Ord. 11-76 Â§2(part), 1976; Ord. 19-80 Â§1,1980; Ord. 17.66.140 150 Nonconforming signs. 9-81 Â§1, 1981; Ord. 15-97, 1997; Ord. 17-02 Â§1(part), 2002) (MA nonconforming sign may be continued but it shall not be: 17.66.440 160 Permits. (1) Changed to another nonconforming ta4 Sign permit required: sign. (1) Except as provided in Section (2) Structurally altered. 17.66.050, it is unlawful to display, erect, relocate or alter any sign without first filing (3) Altered so as to increase the degree of with the building inspector an application in nonconformity of the sign. writing and obtaining a sign permit. This requirement fer a permit applies ig signs with (4) Enlarged or expanded. commercial content and 19 signs without commercial content. (Staff: clarity) When a (5) Continued in use after cessation or sign permit has been issued by the building change of the business or activity to which inspector, it is unlawful to change, modify, the sign pertains. alter or otherwise deviate from the terms or conditions of the permit without prior (6) Repaired after the sign is damaged or approval of the building inspector. A written destroyed if the estimated cost of repair or record of such approval shall be entered upon reconstruction exceeds fifty percent (50%) of the original permit application and main- the appraised replacement cost (as deter- tained in the files of the building inspector. mined by the building inspector). (2) Application for permit. The (7) Altered to change the text thereof, application for a sign permit shall be made except such signs, which have been designed by the owner or tenant of the property on specifically to permit changes ofthe text. which the sign is to be located, or his or her 24 authorized agent. Such applications shall be (5) Forfeiture of fees. When any permit made in writing on forms furnished by the has been revoked under the terms of this Sec- building inspector and shall be signed by the tion, permit fees shall not be refunded. applicant. The building inspector shall, within seven (7) working days of the date of (6) Plans, specifications and other data the application, either approve or deny the required. The application for a sign permit application or refer the application back to shall be accompanied by the following plans the applicant in any instance where insuffi- and other information: cient information has been furnished. a. The name, address and telephone (3) Revocation of permits. If the building number of the owner or person entitled to inspector finds that work under any permit possession of the sign and of the sign con- issued is not in accordance with the tractor or erector; information supplied in the permit applica- tion and/or is in violation of this Chapter or b. The location, by street address or any other pertinent ordinance of the Town, or other location identification acceptable to should he or she find that there has been any the building inspector, of the proposed misrepresentation in connection with the sign structure; application for the permit, he or she shall notify the sign owner or erector of such c. Complete information as required findings and that the violations must be on an application form provided by the corrected without delay. If such correction is building inspector, including a site plan not made forthwith, the building inspector and elevation drawings of the proposed shall revoke the permit and serve written sign, caption of the proposed sign, type of notice thereof upon the sign owner or erector. proposed illumination and such other data No person shall proceed with any part of as is pertinent to the application; such work after such notice is received. The owner shall have the right to appeal the d. Plans indicating the scope and decision of the building inspector in the structural details of the work to be done, maner provided for in Section 17.66.160. including details of all connections, guy (Staff: internal consistency) lines, supports and footings and materials to be used; (4) Revocation ofpermits for nonuse. e. Application for an electrical permit, a. If actual work either on site or off and required information for such applica- site is not commenced under any permit tion, for all electric signs; issued within sixty (60) days from the date of such permit, and/or if substantial f. A statement of valuation. building operations under any permit issued under this Chapter are suspended (7) Permit fees. A permit fee. if for a period of sixty (60) consecutive applicable, (CD/CS) shall be paid to the days, the permit shall automatically building inspector for each sign permit issued become null and void. under this Chapter: provided, however, that a fec shall not be charged for putting a sign in b. The building inspector may grant an conformance with this Chapter when such extension of time in which to start or action is undertaken voluntarily prior to the resume operations. All requests for expiration of the applicable amortization extension and approval thereof shall be in period, or for a copy change when no change writing. in business name is involved. Ther permit fee 25 shall be seventy fi:e dollars ($75.00). Said other than the name and/or street address fee does not include electrical permit fees, of the use being identified and/or a logo which shall be in addition to the permit fee type symbol or trademark; specified in this Section. A schedule Qf fees shall bÂ© adopted from time ig time bY the (2Â¥Fe-the-,- 1 .(imum sign area permit Town Board. (Staff & CD/CS) ted on theatei inarquees in cases where necessary copy and standard changeable (8) Inspections. All signs shall be sub- letter sizes clearly necessitate such an ject to inspection by the building inspector. Pryâ€¢gn.in'i Vikvvt'llwl. Footing inspections may be required on the day of excavation for all freestanding signs. (3) To permit the erection of collective The building inspector may, within forty- identification or directory signs showing eight (48) hours after being notified that the the names and locations of various civic sign is ready for inspection, also require or religious organizations in the inspection of electrical signs before erection. community when such signs are not The permit holder or his or her agent shall located on the premises of the uses being notify the building inspector when signs are named, but are placed adjacent to major complete and ready for final inspection. thoroughfares near entrances to the Town; (Ord. 11-76 Â§2(part), 1976; Ord. 25-76 Â§5, 1976; Ord. 15-97,1997; Ord. 17-02 Â§1(part), (1) To permit the erection of kiosks or 2002) similar structures and the display thereon of signs, posters, notices, etc., when such 17.66.150 Special exceptions. (TF: the new' structures are located within primarily Creative Sign Program supplants all prior pedestrian oriented circulation areas. provisions for flexibility and exceptions) Such structures shall be permitted only ir commercial and restricted industri (a) Intent. It is the intent of this Chapter to zoning districts, or within planned provide a means of review and approval of develepments-: special exceptions to the provisions of this Chapter, whereby specified deviations from (c) Application. Application for the general sign regulations may be allowed approval of a sign permitted as a special provided that the proposed size, locatin an exception shall be filed in accordance with design of such signs are compatible wit this Section. Each application shall be their surroundings and concistent with th accompanied by an application fee of one genefaÂ·Mate f this Chapt hundred fifty dollars ($150.00) to cover the costs of processing and publication. Said fee (b) Scope signs requiring special shall be in addition to the sign permit fee exceptions. The provisions of this Section required in Section 17.66.140. shall apply to the following exceptions: (1)The Estes Valle)' Planning (1) To the maximum allowable si< Commission shall have jurisdiction to tÂ· arca for freestanding identification sigis hear all applications for special of a low profile, planter type design, exceptions. No special exception shall be when such signs are located in granted unless the proposed sign and/or commercial and restricted industrial sign structure meets each and every one zoning districts and are designed to of the following requirements: complement the archit =tural type of the building to which th re appurtenant; a. The proposed sign wi and when such sigi intain no copy ontrary to the intent ot 26 Chapter, as declared in Section sponsored Special Events. Both Qf these event *gÂ·:66:020: categories gre characterized b their large scale production, large attendance and bx their b. The proposed sign will be in prominence ai re-occurring annual events gf accordance with the intent of this community wide interest. Section, as stated herein; LU Non-profit associations Qr c. The proposed sign will organizations may submit all application {gr comply with all applicable provisions temporary on-site and temporary off-premise of this Chapter, unless any such signaize Ag & community special event where provisions are expressly permitted to ike primary purpose of the event iB tg raise be varied by the special exception funds for local charitable purposes. pfeeeâ‚¬turer Â£21 Any organization holding a Town d. The proposed sign is approved community special event at the reasonably necessary and the degree of Stanley Park Fairgrounds may submit an the exception is the minimum application fer temporary on-site and necessary to accomplish the purpose of temporarv off-premise signage for that event. the sign itself; and 011 Application for permit. The applicant c. The proposed sign will not result in shall submit a Master Special Event Sign Plan as adverse effects upon neighboring part gfthe application for a special event permit. properties, or the health, safety and Upon approval of a Master Special Event Sign general welfare of the public. Plan, the permit shall be valid for subsequent rei use for @Il unlimited period Qf time provided (2) After hearing the application, the there are no significant changes 12 111Â© sign copy. Estes Valley Planning Commission shall size, location, and extent of the approved signs. make its findings, which shall be recorded in the official minutes of the meeting, fk) Standards for Review. The Community eitheE Development and Special Events Departments shall review thÂ© application fur compliance with a. Granting the proposed the standards below prior tg permit issuance: application in whole or in part, with or without modifications or conditions; or ill Zoning Restrictions. Special event signs are allowed within all zoning districts. b. Denying the application. (Ord. 11 76 (Ord. 11 76 Â§2(part), 1976; Â£21 Design. Fluorescent colors and Ord. 11 87 Â§ 1, 1987; Ord. 15 97, 997; reflective surfaces are prohibited go signs. Ord. 17 02 Â§1(part), 2002) Reflective colored materials that give 111Â£ appearance gf changing color are also 11 66.170 Community Special Events Signs prohibited. A matte QI {1@1 finish ih required and Stanley Park Special Events Signs (Staff for all surfaces. and CD/CS) (31 Illumination. Illumination Qf (a) The purpose Qf this section b 1(1 provide temporary special event signs is prohibited. 12 adequate signage fur community special events where 11* primary purpose Qf the event ji (Al Banners. Banners must comply with tg raise funds for local charitable purposes. or to Chapter 17.88 Town Sponsored Special provide for adequate signage fer Town Events Temporary Banners. 27 09 Locations Qf TSE Banners. Banners may (51 Temporary Off-Premise Signs. be placed at the following designated locations within the Town, pursuant to the provisions of 6 Any individual business may Section 17.66.050 of this Code: publicly display special event posters in the window Qf that business without a (1) One the cast side of the Visitor Cabin sign permit, provided individual posters M a designated location in Bond Park, four Â® not exceed two Â£2) square feet in size. (4) feet by eight (8) feet maximum. Special Event posters, including off-site posters, that dg not exceed two (21 square (2) In the right-of-way area west of the feet in size are exempt from any Highway 34 and 36 intersection, thirty (3) regulation, and mav hg freelv displayed feet by three (3) feet maximum. without prior Town approval. The sign shall Â® displayed ng more than *ix Â£0) (3) On a freestanding display in front of weeks prior IQ the special event and shall the Convention and Visitor Center building be removed no later than three Â£31 days along Highway 34, four (4) feet by eight (8) after the event. feet maximum. (Ord. 6-97 Â§1,1997; Ord. 17- 02 Â§1,2002; Ord. 9-07 Â§1,2007) 11 Staff may approve four (31 additional off-premise signs QI banners (c) Specifications. Specifications relating to not 0 exceed thirty-six (36) square feet the size, length, construction, wording, lighting, each upon finding that the signs installation, removal, Town indemnification and contribute to tile overall festival fastening shall be obtained from the Special atmosphere gr theme ef tile event and that Events Director. (Ord. 6-97 Â§1, 1997) any commercial advertising message j.3 subordinate 0 the event message. The (d) Application. Application to use no more sign(s) shall & displayed ng more than than two (2) of the locations at any time must be *iN (Al weeks prior ig tile special event submitted to the Special Events Director at least and shall be removed ng later than three thirty (30) days prior to the proposed event. (31 days after the event. (Ord. 6-97 Â§1,1997) (61 Temporary On-Premise Signs. (e) Type of event. Only events that are sponsored by the Town or approved by the 6 Limit Qg Cumulative Sign Area. A Town shall be eligible to place banners at two maximum gf one hundred and fiftv (150) (2) of the three (3) locations at any one (1) time. square feet of total cumulative sign gr (Ord. 6-97 Â§1,1997) banner area is allowed. (f) Number of locations. The Ghambef-ef 17.66.180 Town Sponsored Special Events Gemmefee Convention and Visitor Center (TSE) Banners (Staff: clarity & internal building location listed at Subsection consistency)( ) 17.66.180.bO) above shall be terminated when the site listed at Subsection 17.66.180.b(2) is Cal Definition. Town Sponsored Event available for a maximum of two (2) designated Banners arc SigriD consisting Qf canvas, nylon, banner locations. (Ord. 6.97, 1997) vinyl fabric QI other material of similar physical characteristics that bear text and/or graphics (gl Temporary Banner Removal. Banners shall be removed bY the applicant within twenty- intended to identifY Town Sponsored Events. four (24) hours of the expiration of thÂ£ permit. 28 Â£10 Code Violation. Any temporarY banner consecutive days. A maximum Qf two installed without a permit QI displaved after consecutive permits are allowed Rg year. A perniit expiration is in violation Qf the Municipal third and fgwlb Rgrmit may bg issued after a Code and is subject m a municipal citation plus lapse of at least thirty (30) calendar days. court fees for each and every day the violation exists. If a person, property owner, gr business (d) Location. Banners must be affixed flush owner erects any banner without receiving a to the wall gf a principal building gr gn thÂ© pemlit fli hereill provided. gr if a permit holder /upporting structure Qf @11 already perrnitted fails 12 remove g banner within twenty-four (24) peilnanent free standing sign. al a maximum hours gf expiration gf the permit. tha shall b* height Qf twenty (20) feet above existing grade ineligible 12 receive a temporary banner permit as measured to 111Â£ highest point gf the fur a period Qf twelve Â£121 months from the date Gmporary bannR gf violation. A valid copy gf tile permit shall be kept gil site al &11 times thÂ© banner 2 displayed. Â£Â£1 Number, Size and Shape. A Temporary til Temporary Banner Maintenance. All Banner Permit allows the use Qf one (13 temporary banners shall be maintained in good temporary banner per lot gr business. In All conditions, including all parts and supports. The zoning districts except CD-Commercial Chief Building Official QI designee mav inspect Downtown Temporary banners shall not exceed and have authority ig order the painting, repair. thirty-two (32) square feet in area gn any single gr removal gf a banner that constitutes a hazard side QI sixty-four (64) square feet in cumulative ig public health, safety. gr welfare bY reason Qf area, and shall Ilgi exceed * (61 feet in vertical inadequate maintenance, dilapidation. E dimension. 111 111Â£ CD-Commercial Downtown obsolescence. zoning district this code allows one Â£11 banner Pgr 191 with a maximum allowable size Qf 17.66.190 Temporarv Banners Commercial Use (TF & CD/CS) eighteen (18) square feet. All banners shall be rectangular ill shape and shall bg securely Cal Temporary banner permit required. fastened M all four corners qi &11 times. Issuance Permits shall 11!2 issued tlvough 111!: Conniiunity L perillits f.g temporary banners shall ke Development Director within seven Â£11 calendar exempt from thÂ© cumulative sign area days upon receipt Qf a complete application, calculations and limitations found in section provided Staff finds tile application 12 11* ill 17.66.110. compliance with all applicable municipal U) Temporary Banner Removal. Banners regulations. shall be removed bY the applicant within twenty- (bl Number Qf Permits Granted. A single four (24) hours of the expiration o f the permit. entity may apply for *11 12 four temporary banner permits in a calendar year. Ng single (gl Code Violation. Any temporary banner entity may hold more Ulall one active temporary installed without a permit gr displayed after banner permit al a time gn the same site, except permit expiration iii in violation gf the Municipal as provided for in Section #17.66.170. Code and ia subject 12 a municipal citation plus court fees for each and every day 111Â£ violation (g) Time Displayed. Except aa provided fQr exists. If a person. property owner. gr business in Section #17.66.170, A temporary banner owner erects any banner without receiving a permit allows ille display Qf one (11 temporary permit aa herein provided. gr if a permit holder banner for a maximum Qf fourteen (14) fails ig remove a banner within twenty-four (241 29 hours Qf expiration gf the permit. they shall be Section 17.66.170. ineligible to receive a temporary banner permit fg[ a period Qf twelve (12) months from the date (d) Location. The banners must k located af violation. A valid copy gf the permit shall be at least eight (11 feet inside 111Â© nearest propertv kept gn site at all times the banner is displayed. line. and they must b* secured Qu all corners against wind movement. Ch)Temporarv Banner Maintenance. All temporan' banners shall bg maintained ill good (Â£1 Number, Size and Shape. A maximum gf conditions, including all parts and supports. The two (21 banners may bg displayed during the Chief Building Official QI designee may inspect fund raising event. The banners may not exceed and have authority to order Ihg painting. repair, sixteen (16) square feet in size individually gr gr removal Qf a banner that constitutes a hazard thirty-two Oil square feet in size cumulatively. ig public health, safety. QI welfare la reason Qf inadequate maintenance, dilapidation, gr ifi Code Violation. Any temporary banner obsolescence. installed without a permit gr displaved after permit expiration is in violation Qf the Municipal 17.66.200 Temporary Banners Non-profit Code and is subject * a municipal citation plus Fundraising (CD/CS) court fees fg[ each and every day the violation tal Purpose. The following regulations are exists. If a person, property owner, gr business intended 19 provide for adequate temporary owner erect@ Ally banner without receiving a signage Qf temporary QI periodic Non-profit permit &* herein providedt QI if a permit holder fundraising events gf a small scale. This sign fails le remove a banner within twenty-four (24) category (Temporary Banners Non-profit hours Qf expiration Qf the permit, they shall be fundraising) and associated regulations found ill ineligible ig receive a temporary banner permit this chapter (17.TDB) expressly excludes Town fer a period gf twelve (12) months from 1bg date Sponsored Event Banners 2% provided fQI in of violation. A valid copy gf the permit shall be Chapter 17.88. kept on site at all times the banner ia displayed. f.!9 Temporary banner permit required. (gl Temporary Banner Maintenance. 611 Permits shall bg issued through the CommunitY temporary banners shall 49 maintained in good Development Director within seven (11 calendar condition, including all parts and supports. The days upon receipt 21 a complete application. Chief Building Official Qr designee may inspect provided Staff finds the application to be in and have authority to order the painting. repair. compliance with all applicable municipal 21 removal Qf a banner that constitutes a hazard regulations. 0 public health. safety. QI welfare bY reason of inadequate maintenance, dilapidation gr W Number of Permits Granted. Local non: obsolescence. profit organizations conducting weekly gr monthly fund-raising events gn property that they either own Qr lease for their principal 17.66.210 Creative Sign Program. (TF) operations are allowed 19 displav two banners during tile fund-raising event and two days prior The Creative Sign Program provides for te the event. Ng single entity may hold more property owners and businesses tQ propose and than one active temporarY banner -permit al a the Town tg consider limited deviations from the time gIl illg same site. except ai provided for in regulations fQI on-site and off-site permanent signs provided in this Chapter under certain 30 circumstances where tile applicant voluntarily chooses to submit to this review as an alternative 1 Notwithstanding illg time limits 12 the "use hY right" sign provisions normally contained in this Section. the applicable under this chapter. The intent gf this Community Development Director and process ial 1 )to encourage signs Qf high quality the applicant may mutually agree 10 @11 materials and workmanship: 21 1.2 encourage extension gf 111Â£ time limits. Such aigns gf unique design that exhibits a high extension shall * ill writing and shall degree Qf imagination, inventiveness: and 31 19 be for ng more than ninety (90) provide a process a 111Â§ application gf sign calendar days. regulations in ways that will allow creatively designed signs that make a positive visual i. Completeness Review. contribution le thÂ£ overall image af l.bg Town, while mitigating thÂ© impacts Qf large gr L Upon receipt gf a Creative Sign unusually designed signs. Additionally, the Program application hY !11* Town Creative Sign Program may provide for Community Development Director. increased allowance lf) thÂ© maximum sign area 111Â© Department shall perform a permitted gIl theater marquees signs identifying completeness review and issue a films g performances currently showing in written status determination within ten cases where necessary copy and standard (10) calendar days from date Qf changeable letter sizes clearly necessitate such submittal. an exception. 2. In the event the Community ill Applicability. Any property owner 21 Development Director determines that business owner L any zoning district ii tile application does not include thÂ© eligible to apply for a Creative Sign permit. necessary information needed ill review the proposal fQI: consistency (21 Method of Application. An application with this Chapter. ihg CommunitY fer a sign permit under tile Creative Sign Development Director shall deem the Program, shall bg made Qu 11* form(s) application incomplete. If tile prescribed la th* Community Development application is incomplete. the applicant Director. The application shall be shall & notified ill writing. The accompanied bv any required fees. notification shall specify what information is missing. (31 Review Procedures. At each level Qf review QI appeal. 111Â© decision shall be 1 Ill tile event !11Â© Community rendered, ill writing, within thÂ© time limits Development Director determines that agi forth herein. The time period begins the application does include the running when the application L deemed necessary information needed 19 complete. gr the notice of appeal has been review 111Â© proposal fer consistency filed, whichever applies. with this Chapter. 11* Community Development Director shall igt a date 4 General. for the review 110 later than sixty (60) calendar days from the date gf receipt L Notwithstanding any gf thÂ© time af a complete application for tile Final limits contained in this Section, the Review of the application. Community Development Director and thÂ¢ Creative Sign Design Review c. Final Review. Board shall endeavor 19 render decisions ill a timely manner. 31 A Creative Sign permit application 1 The sign(s) should be placed in a shall be subiect to review and approval logical location in relation 0 the bY the Community Development overall composition gf ihg building's Director where 111Â© cumulative area gf facade, the proposed sign(s) ia fifty (50) square feet gr less, gr shall k subiect 1 The sign(s) should be integrated ig review and approval b tile Creative within and not cover any key Sign Design Review Board where the architectural features and details gf the cumulative area Qf tile proposed building faÂ©ade. sign(s) ia larger than fifty square feet. The burden j.& gl thÂ© applicant 0 i Wall signs should be located Qll demonstrate substantial compliance the upper portion Qf thÂ© first-floor with the applicable Creative Sign storefront and should 12Â© centered Design Standards as set forth herein. within @11 area uninterrupted hY doors, The Community Development windows, or architectural details. Director gr thÂ© Creative Sign Design Review Board shall issue a written E Architectural Stple. Each sign finding of approval gr denial of tile should be designed 12 & compatible with application within ten (10) calendar and relate 12 ttlg architectural style gf thÂ© days of the Final Review. main building gr buildings upon the site where such sign is located. d, Appeals. g. Color. The color(s) gf a sign should Appeals h ihg applicant of the - - be harmonious and complementary m tile Final Decision gf lim Community colors gf the building gB QI near which it Development Director gr thÂ© Creative i& IQ be located. Sign Design Review Board shall be heard b ihg Town Board of Trustees. L Contextual Criteria. The sign(s) Appeals must 1Â® received in writing should contain al least one Â£11 gf the within 1*11 ( 10) calendar days gf ibg following elements: date gf denial bY 111Â£ CommunitY Development Director gr thÂ£ Creative 1. Historic design style, Sign Design Review Board. The hearing Qf tile appeal shall be held within sixty (60) calendar days gf 1 Positive and creative image receipt gf a written application and reflecting current character of the related fee. Written appeals must business: specifically identify the design standards al issue as tile reason for 1 Inventive representation gf tile denial of the application. use, name, or products of the business. (41 Creative Design Standards g:. Design Qualitv. The sign(s) should: L. Architectural Criteria. L Constitute a substantial aesthetic -L The sign(s) should utilize gr improvement ta thÂ© site and should enhance the architectural elements Qf have a positive visual impact gn the the building: and surrounding area: 32 2-Beof unique design, and exhibit have a positive visual impact gn tile a high degree Qf imagination, surrounding area; inventiveness: and 1 Provide strong graphic character 1 Provide strong graphic character through the imaginative use gf through the imaginative use Qf graphics, color. texture, quality graphics, color. texture, quality materials, scale, and proportion. materials, scale, proportion and form: L Relationship & Buildings. Signs i Contribute ts) 111g image gf the located upon a lut with one main building community b conveying a distinctive gr several buildings should bÂ© designed 0 character that conveys a strong sense incorporate at least one gf 111Â© of place. predominant visual elements gf such building gr buildings. such as tile type gf L Illumination. Ig. convey a subtle construction materials, color. gr other appearance. tile use Qf back-lit gr reverse- design detail. channel letters with halo illumination rather than internally-lit signs ace L Sign Materials. The goal qi sign encouraged. design 1% 19 maintain attractive and compatible styling so as not 13 conflict gr g: Multiple Signs. Where more than distract from thÂ© architectural character gf one sign 0 proposed, all signs should the area. The choice of materials and the have designs that incorporate tile workmanship in the use gf the materials following design elements in a compatible should convey both a sense gfquality and and coordinated fashion. creativity. 1. Letter style of copy: (31 Creative Sign Design Review Board. The Town Board of Trustees shall, aa needed 2. Shape Qf total sign and related from time 12 time, appoint five (31 members components: 19 serve 911 tile Creative Sign Design Review Board. The membership shall consist Qf 111Â© 1 Type Qf construction materials, following: EL Lighting: i Two local business owners. au 1 Method used for supporting sign architect gr other design professional, and (e. g.. wall or ground base). two Town residents who may gr may Ilgi have local business interests. k. Neighborhood Impacts. The sign(s) should: b Members shall serve staggered terms of three 01 years and shall be appointed b the Mayor and bg confirmed 1= 11Â© located and designed not tg bY 111Â§ Town Board. create adverse impacts gil neighboring uses. - 17.66.220 Appeals, Variancest and va~innee+ Minor Modifications.(Attorney White & 2-: Constitute a substantial aesthetic CD/CS) improvement 0 the site and should 33 (2) The fee for filing an appeal, or a (a) Appeal to and request for variance from request for a variance, or the two (2) in the the Estes Valley Board of>.djustment. alternative, shall be one hundred fifty dollars ($+50:00* (1) Any aggrieved person Appeals. The owner gf any sign who believes the-alleged fe) Variances. In every case in which a violation as contained in the a decision, Fequest-fef-The owner gf any sign may request a ruling QI order of the building inspector is variance from the requirements of this Chapter factually or legally contrary to the provisions has been filed, the Board shall not giant a of this Chapter may appeal the same to the variance unless it specifically finds each and r=,r=-rurruy Creative Sign Design Review every one of the following conditions to exist Board, the "Review Board" of Adjustment, The request fur variance shall be in writing and hereinafter referred to as the "Board 9," . filed with thÂ© Community Development , in a manner provided by such Board. In the Department. The variance request shall specify alternative, an aggrieved person may request thÂ© provisions(s) af this Chapter L which 111Â© that the Board grant a variance from the variance 18 being requested. There shall be ng requirements of this Chapter. The filing of variance 12 maximum sign area gn a ]Pt gr such request shall be in the manner pro:ided building. 6,4hek@eafd: 614 In granting any variance, 111Â£ Review (2) Any aggrieved person may also appeal Board shall find that @11 gf ihg following to the Board any decision or ruling of the conditions exist: building inspector involving the interpretation of any provision or term of this (a) There are special circumstances or â‚¬haptek conditions, such as the existence of buildings, topography, vegetation, sign (3) Any provision in this Section to the structures or other matters on adjacent lots contrary notwithstanding, no person may or within the adjacent public right-of-way, The appeal shall hÂ© in writing and filed with which would substantially restrict the 111Â© Community Development Department. effectiveness of the sign in question; The appeal to or request a variÂ£mee from the provided, however, that such special Board of Adjustment when the building circumstances or conditions must be inspector has made a determination that the particular to the particular business or person is in violation of Section 17.66.100. enterprise to which the applicant desires to draw attention and do not apply (b) Procedure for filing appeal. generally to all businesses or enterprises. (1) Every appeal from an order of the (b) 65 The variance weutd-Ke ia in building inspector shall be filed within ten general harmony with the purposes of this (10) days from the date of sueh--the decision, Chapter, and specifically weelâ‚¬1 is not be ruling. gr order Qf the building inspector. The injurious to the neighborhood in which written appeal shall specify ihÂ© decision, the business or enterprise to which the ruling. gr order of the building inspector applicant desires to draw' attention is being appealed. The Review Board shall located. have no jurisdiction tÂ·e gr hear any appeal not #Feught filed within ten (10) days from the (c) 84 The variance is the minimum date of sueh the decision, ruling. QI order. one necessary to permit the applicant to reasonably draw attention to this the business or enterprise. 34 (c) No variance for maximum sign (al Setback requirements: area on a lot of building. Other provisions of this Section to the contrary ill) Specific sign size restrictions notwithstanding, the Board shall not have provided the cumulative site total remains any jurisdiction to hear, nor the authority in compliance; or to grant, any variance from any Section of this Chapter which limits the maximum (g) Other dimensional and temporal permitted sign area on a single lot or standards contained herein. 139#,ding- 17.66.170 230 Enforcement. fej--Â£31 Conditions. The Review Board may grant a an appeal gr variance subject to The provisions of this Chapter shall be sub- any conditions hich it deems necessary ef ject to enforcement and penalties as set forth in des+Fute to make the device which ig Chapter 12 of the Estes Valley Development permitted by the granted appeal Qr variance â‚¬ede. Chapter 1 gf illÂ© Estes Park Municipal compatible with the purpose. of this Chapter. Code, (Ord. 11-76 Â§2(part), 1976; Ord. 25-76 (Ord. 11 76 42(part), 1976; Ord. 25 76 Â§8, Â§7,1976; Ord, 21-82 Â§1(D), 1982; Ord. 15-97, 1976; Ord. 21 82 41(0), 1982; Ord. 11 87 1997; Ord. 17-02 Â§1(part), 2002) Â§2, 1987; Ord. 15 97, 1997; Ord. 17 02 Â§1(part), 2002) 17.66.180 240 What constitutes a violation. ED Procedure. The Review Board shall It is a violation of this Chapter for any person adopt procedures for the review Qf appeals to perform, or order the performance of, any act and variances pursuant 12 this Section. The which is contrary to the provisions of this Chap- procedures shall be subiect to approval b the ter, or to fail to perform any act which is Board ofTrustees. required by the provisions of this Chapter. Iii the case of a continuing violation, each twenty- (31 Prohibited Signs. The Review Board four-hour period in which the violation exists shall not grant gIl appeal nor a variance constitutes a separate violation. (Ord. 11-76 which allows any prohibited signs specified Â§2(part), 1976; Ord. 17-02 Â§1(part), 2002) in Section 17.66.060 Qfthis Chapter. Â£61 Staff Authority ig Grant Minor 17.66.190 250 Application of the laws. Modifications. Staff may grant minor modifications 119 12 a maximum Qf len ( 101 lf any of the provisions of this Chapter are percent from the following general sign inconsistent with the provisions of any other law standards, provided that 111Â© Staff finds that or laws, presently existing or enacted in the such modification advances the goals and future, of the Town or the State, in that the purposes of this Code and results in reduction requirements regarding signs or the respective gf visual clutter results in more effective provisions differ, the provisions containing the signage, or relieves practical difficulties Â® more restrictive requirements will apply. (Ord. the site: 11-76 Â§2(part), 1976; Ord. 17-02 Â§1(part), 2002 35 Chanter 17.88 Banners 1~||||0~ removal, Town indemnification and fastening shall be obtained from the Special Events Director. (Ord. 6-97 Â§ 1,1997) 49.88.040 Location of banners. Banners may be placed at the following 17.8&.030-Applieatien- designated locations within the Town, pursuant Application to use no more than two (2) of the to the provisions of Section 17.66.050 of this locations at any time must be submitted to the Code: Special Events Director at least thirty (30) days prior to the proposed event. (Ord. 6-97 Â§1,1997) (1) On the east side of the Visitor Cabin in Bond Park, four (4) feet by eight (8) feet maximum. 17.88.010 Type of event. Only events that are sponsored by the Town or (2) In the right-of-way area west o f the Highway approved by the Town shall be eligible to place 34 and 36 intersection, thirty (30) feet by three banners at two (2) of the three (3) locations at (3) feet maximum. any one (1) time. (Ord. 6-97 Â§1,1997) (3) On a freestanding display in front of the 17.88.050 Number of locations. Convention and Visitor Center Building along The Chamber of Commerce location listed at Highway 34, four (4) feet by eight (8) feet Subsection 17.88.010(3) above shall be maximum. (Ord. 6-97 Â§1, 1997; Ord. 17-02 Â§1, terminated when the site listed at Subsection 2002; Ord. 9-07 Â§1,2007) 17.88.010(2) is available, for a maximum of two (2) designated banner locations. (Ord. 6-97, 1-7.8.020-Speeifientien*i 1997) Specifications relating to the size, length, construction, wording, lighting, installation, 36 Sign Code Task Force Summary of Objectives High Priority Major Revisions: 1. Create a Flexible Sign Permit review process that encourages and rewards superior design in settings where multiple businesses occupy a single lot. 2. Create a regulation allowing temporary Banners. 3. Provide a new process for staff-level approval of minor sign code variances. 4. Increase wall sign allotment from one to two per frontage 5. Clarify and strengthen enforcement of the sign code, including on-site citations for repeat violations Allow neon and other exposed light sources (LED, etc.), but strictly limit the brightness or intensity of the light based on an objective measure of intensity (e.g. lumens or ft. candles). Prohibit scrolling, programmable signs in the CD district and place restrictions on the time intervals where they are permitted in the CO district Review wording in the sign code to make it more user-friendly Medium Priority Revisions: Establish a measurable standard and code language that can relate to current sign technology for sign illumination In the CO zoning district, increase the existing cap from 150 square feet to 200 square feet, but maintain the existing 1.5 square foot signage allocation per lineal foot of building frontage. Consider the differences between the Downtown and Outlying settings when revising the size regulations Discuss Exemption (10)d and how it relates to future mass public transportation. Committee desires to leave this exemption in the code Create a time frame for temporary signs (60-90 days), and consider restructuring the fee schedule to allow one fee if a temporary sign permit is issued while the permanent sign is being built Consider changing the maximum size for temporary marketing/construction signs to four feet by eight feet (4' x 8') Allow change of copy on existing permitted signs without a new permit Revise the sign maintenance section to refer to structurally unsound signs as a trigger for coming into compliance Provide diagrams and graphics to illustrate the intent of the code provisions Allow flashing string lights only during the holiday season, and provide firm start and end dates for the season. Quick fix Housekeeping: Revise the size allowance for election signs ( 150 square feet) in commercial districts to match the allowances for similar temporary signs Delete the reference to "moveable" awnings Clarify the distinction between a canopy and a marquee Clarify size limit for exemption from permitting process for Joint Identification signs (different in the CD-Commercial Downtown and CO-Commercial Outlying districts) Change the sign area computation formula by increasing 8 points to 12 points Change the maximum number of permitted signs in single-family residential zoning districts from one per building to one per residence Create a definition for "temporary" Refer signs located at intersections to the Estes Valley Development Code (EVDC) Place time limits on temporary exempt signs Clarify the term "official filing" for subdivision signs Clarify the definition of public right-of-way to exclude privately-owned public spaces that are enclosed on four sides by buildings Delete Exemption ( 10)b that deals with signage on vehicles Change the size limit to nine (9) square feet for temporary real estate signs to include riders Broaden the exception for marquees to include other sign types that require frequent updating of information Increase area allocations for Joint Identification signs Housekeeping: 17.66.040 Definitions, (7)...organization ef Qi nations... (22)...and similar pfejeâ‚¬6 projections Housekeeping: 17.66.090 General regulations, (e) Permanent Signs which identify lands... Housekeeping: Schedule of Requirements: Single-family Residential Zoning Districts Maximum Area per Sign Face, All Signs: 2 4 sf (to align with exemptions) Define the term "premise" for the prohibition of off-premise signs Low Priority Revisions: Remove outdoor display of merchandise from the sign code and create a land use code revision for this purpose (group opinion is this could be a safety issue in the CD zoning district) Provide a content-neutral definition for flags Provide for the expiration of non-conforming signs Consider allowing signs on blank walls, possibly through a Flexible Sign Permit review process Consider ways to accommodate special event signage needs. Policy and Administrative Issues: Create an inventory of non-conforming signs which could trigger code compliance when a business license is issued Create a pamphlet for new businesses to increase knowledge and compliance with sign code Enforce the existing prohibition of off-premise real estate signs, with an exception for open house directional signs during the actual open house event occupied by the agent, representative or owner . Enforce the existing prohibition of off-premise signs Restructure fee schedule for temporary banners TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE April 27, 2010 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure. Prior to the time the Board convenes in executive session, the Mayor shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. Prior to entering into an executive session, the Mayor shall state whether or not any formal action and/or discussion shall be taken by the Town Board following the executive session. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4)(a), C.R.S. (/-3 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b), C.R.S. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation - Section 24-6-402(4)(c), C.R.S. 4. For discussion of specialized details of security arrangements or investigations - Section 24-6-402(4)(d), C.R.S. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4)(e), C.R.S. 6. For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non-disclosure provision of the Colorado Open Records Act - Section 24-6-402(4)(g), C.R.S. 1 ~L--~ Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, written minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Mayor. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record of the executive session shall be maintained by the Mayor. If written minutes of the executive session are kept, the Mayor shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, "all or a portion" of the discussion constitutes attorney-client privileged communications: 1. No record shall be kept of this part of the discussion. 0 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney's opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Mayor attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format. Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. THEREFORE, 1 MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). For 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). 2 To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). ~ For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.R.S. Section 24- 6-402(4)(c). For discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402(4)(d). For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the details): C 1 The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Retention of Electronic Recording or Minutes. Pursuant to Section 24-6-402(2)(d.5)(11)(E) C.R.S.,the Town Clerk shall retain the electronic recording or minutes for ninety (90) days, Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24-72- 204(5.5) C.R.S. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 3 0 ENNOUNKMENI ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. Elauha Recor3~I.ITMM~ Bill Pinkharil~Mayoftd~MaydMP#Temiof the Bdmmbl-- Trustees. As required byhil~)pen Meetings Lawihiwxecutivqi@essior}Ji~-being el=tmainal!*recordecll Elrod, Ericson, Koenig, and,Millur,:Mayor Pro Tem Levine, Town Adrnial&112gr -Haiburgi peputykwoAdministratol*Bichardsollan*Attomey White This. ~ ')2445imiitÂ©fj jiÂ¢14#14 1411*9#-fikilflÂ¢)19** 0 ~FE*tii*didi:ror,MmmmErnia@r-Z~ectio~4-6-402(4)01?~ C.R.SMand ng! involving: any specific employees who have requested discussion of the matteÂ£ &0 open session; any member of the Town Board (or body); the appointment 01 phy person to fill an office of the Town Board (or body); or personne112Witigalbi~ 110 not require di jaummign,almatters Dersonalpto. Dadicular emalgykd ~~~ dilcussiER130TfiE'2ated purp~~ [rat any point iifihel!EecutIVE'Â§ession am'p8rticip~1~Ell~Fimrtflrdis8~ outside of the proper scope ofdhe executive session, please interrupt the discussion and nlake #n objectioni The close of the executive session is in the Mayor's discretion and does not require a motion for adjournment of the executive session. The Mayor shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Mayor shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board. 1 4