HomeMy WebLinkAboutMINUTES Town Board 2009-04-28Town of Estes Park, Larimer County, Colorado, April 28, 2009
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 28th day of April, 2009. Meeting called to
order by Mayor Pro Tem Levine.
Present:
Also Present:
Mayor Pro Tem Chuck Levine
Trustees Eric Blackhurst
Dorla Eisenlauer
Richard Homeier
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: William C. Pinkham, Mayor
John Ericson, Trustee
Mayor Pro Tem Levine called the meeting to order at 7:00 p.m. and all desiring to do
so, recited the Pledge of Allegiance.
PROCLAMATION - Arbor Day (May 8h)/ Mav - "Month of the Tree".
Mayor Pro Tem Levine read a proclamation designating May as the month of the Tree.
The official Town celebration of Arbor Day would be held on May 8th at the school
campus.
PROCLAMATION — 215tAnnual Estes Park Duck Race — Mav 2, 2009.
Mayor Pro Tem Levine read a proclamation designating May 2, 2009 as the 213` Annual
Duck Race Day in Estes Park and acknowledged representatives of the Noon Rotary
Club.
PROCLAMATION - Estes Park Memorial Observatory Grand Opening.
Mayor Pro Tem Levine read a proclamation recognizing the grand opening of the
observatory on April 25, 2009.
PUBLIC COMMENT
David Habecker/Town citizen requested the Town Board refrain from reciting the 'under
God' Pledge of Allegiance at Board meetings.
Mark Elrod/Town citizen requested the Town's pandemic flu plan be available to the
public on the Town's website.
Pam Duemig/County resident stated she received a bill for a small fire at her residence
last year because she had not paid the fire subscription fee. She questioned the
fairness of the bill and stated her insurance company only covered a quarter of the
cost. Town Administrator Halburnt stated staff would meet with the Duemigs to discuss
the charges.
Eric Waples/ Town citizen encouraged the Board to limit the number of restrictions on
the architectural design of the new buildings at the Stanley Park Fairgrounds. He
stated creative solutions or designs may be overlooked.
@oardofTrustees—Apr 28, 2DU9—Page 2
TOWN BOARD COMMENTS.
Mayor Pro Tern Levine announced the third annual Tree Symposium would b*held on
May 8.2OOQatthe Holiday Inn starting etD:O0o.m.
1. CONSENT AGENDA:
1. Town Board Meeting Minutes dated April 14,2OO9and Town Board Study
Session dated April 14, 2009.
2. Bills.
3. Committee K4inuban
1.Utilities and Public Safety Committees cancelled inApril.
4. Estes Valley Planning Commission, March 17.2000(acknowledgement on|y).
5. Estes Valley Board of Aduntment. January 8. 2009 & March 2. 2009
(acknowledgement only).
6. Estes Park Urban Renewal Authority. March 18. 2000 (acknowledgement
7. Resolution #1[-09—Schedule public hearing date ofMay 12,2009 for New
Beer &Wine Liquor License Application filed byJDSK4 Holdingn. LLC dba
WINGS WEST, 861 Moraine Avenue.
It was moved and seconded hauor)toapprove the consent agenda,
and bpassed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1� SUPPORTERS 0FTHE PERFORMING ARTS UPDATE.
Chris Woods/Capital Campaign Manager for SOPA presented the Board with
the newest fundraising packet and video on the theater. A redesign of the
theater was done after receiving comments and concerns from
supporters/contributors on the appearance of the building. SOP/\ has raised
$1.5 million to doba and has hired a grant writer with the current pohsnUo| of
$250.000 in funding. Hestated the Gates Foundation has continued torenew
their grant; however. 2009 may be the last renewal. The committee
appreciates the Town Board's ongoing support for the theater.
3. LIQUOR ITEMS.
1. PUBLIC HEARING: NEW BEER & WINE LIQUOR LICENSE APPLICATION
FILED BYELK MEADOW RVESSENTIAL GROUP, LLCdbmELK MEADOW
LODGE &RV RESORT, 1GG5HIGHWAY GG.
[Noyur Pro Tern Levine opened the Public Hearing and reviewed the
procedures. Town Clerk Williamson presented the application and confirmed
the Town has not v000kmd any communications or evidence in support or
opposition to the epp|imadon, and required T1P.S. training has been
scheduled. Mayor Pro Tern Levine encouraged the applicant to bovigilant on
checking identification prior to selling/serving alcohol and that the Board takes
very seriously the operation ofliquor licenses and tho Liquor Code. There
being no further testimony, Mayor Pro Tom Levine closed the Public Hearing.
Stating the Bound of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are for the granting of this liquor
Board of Trustees — April 28, 2009— Page 3
license, it was moved and seconded (Blackhurst/Miller) the Beer & Wine
Liquor License application filed by Elk Meadow RV Essential Group, LLC
dba ELK MEADOW LODGE & RV RESORT be approved, and it passed
unanimously. Mgr. Jones stated the resort provided the lodge for a SOPA
fundraiser last year and again offered their facilities for future fundraisers.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
Mayor Pro Tem Levine: Open the Public Hearing for all Consent Agenda
Items.
1. CONSENT ITEMS:
A. FINAL SUBDIVISION PLAT
1. Deer Ridge Subdivision Lots 1, 2, 3 and 4, Paul & Kathy Kochevar
and John A. Skoog/Applicant.
B. SUPPLEMENTAL CONDOMINIUM MAP
1. Stanley Avenue Condominiums, Third Supplemental Condominium
Map, Phase IV, 450Q and 450R Stanley Avenue, Stanley Avenue
Condominiums, LLC/Applicant.
As there were no comments, the Mayor Pro Tem closed the public hearing and it
was moved and seconded (Homeier/Miller) the Consent Agenda be approved
with Staff conditions of approval, and it passed unanimously.
2. REPORT:
A. Presentation of Estes Valley Development Code Block 12
Amendments — First Reading: Accessory Dwelling Units (Town
Board Public Hearing will be held May 26, 2009). Planner Shirk
reviewed the proposed changes recommended by the Estes Valley
Planning Commission for ADUs at their March 17, 2009 meeting.
The current code section 5.2.B.2a allows ADUs in single-family
residential zoning district on lots that are 1.33 times the minimum lot
size, and are required to be integrated within the principal dwelling,
limited to 800 s.f. and cannot be rented separately. The Board of
Adjustment requested staff review the regulations after a variance
request was reviewed for the conversion of a garage into an
accessory dwelling unit as determined by staff. The proposed
regulations are to allow ADUs in all zoning districts except R-1 and
R-2, remove the minimum lot size requirements, and add various site
plan considerations (front door location, exterior lighting, driveways,
parking requirements and landscaping). The ADU would be
integrated or attached, no more than 49% of the floor area of the
principal dwelling unit or one thousand s.f., cannot be rented and a
land use affidavit would be required. Staff conducted extensive
research and held focus group meetings with other interest groups,
including builders, architects, Housing Authority, etc. The topic was
discussed at seven public meeting and seven EVPC meetings. Staff
determined ADUs are commonly allowed throughout the country and
are allowed in other parts of Larimer County. Concerns expressed
during the public hearings included rental, neighborhood character,
detached units and property values. Support for the units focused on
rentals, guesthouses, caretaker quarters and property rights. He
stated only a third of the properties in the valley are eligible for an
ADU with the current regulations and the proposed regulations would
allow ADUs on approximately half the properties in the valley.
Board of Trustees — April 28, 2009— Page 4
Discussion followed amongst the Board and has been summarized:
ADUs can be controlled through deed restrictions or covenants;
questioned whether an existing ADU could be remodeled; the new
regulations would penalize the existing ADUs or those properties that
currently have the ability of an ADU without all the restrictions; the
ADU requirements are more stringent than the current requirements
for a single-family home, i.e. landscaping a parking spot or exterior
lighting; detached units should be an option; off-street parking
language is redundant and unclear; proposed regulations that
addressed detached units are still included and would be onerous for
an attached unit; a number of ADUs (attached and detached) exist in
the valley and it remain unclear how these units will be handled in
the future, i.e. redevelopment or expansion of the units; there is no
enforcement mechanism; the Comprehensive Plan encourages
rental units and high density development; and rental of ADUs
should be allowed.
Trustee Blackhurst expressed concern that the Town is addressing a
small problem with only approximately six requests a year and the
issue has been overstated.
Planner Shirk stated the Planning Commission has stated the rental
of ADUs would be addressed at a later date in an effort to study all
housing issues in the valley before bringing forward a
recommendation.
Public Comment:
Those speaking in support of ADUs: Betty Nickel/County resident,
David Habecker/Town citizen, Rita KureljaIEPHA Director, Peter
Plaut/County resident, Eric Waples for Milt Garrett/Town citizen,
Steve Nickel/County resident and Matthew Heiser/Town citizen.
Land owners should be able to use their property with as few
restrictions as possible; however, the units should not be used for
short-term rentals. The proposed code addresses ADUs as an
accessory use, and therefore, competes with garage s.f. which is
considered accessory. The valley is in need of additional housing
units; therefore, ADUs should be available for rent. Ms. Kurelja
stated it is difficult to address ADUs and not address the rental of the
units at the same time. ADUs could be a resource for seasonal
housing during the tourist season, increase supply of affordable
housing with little to no new infrastructure and increase property
taxes. Detached units should be considered for lots that can be
subdivided.
Joanna Darden spoke in opposition of ADUs. She expressed
concern with growth in the valley and stated ADUs are not the
answer to the housing needs of Estes Park. High density
development would have a negative impact on wildlife.
Dave SchultzlTown citizen stated public comment should be
accepted on the issue of detached units and rentals. He expressed
concern with the many sub -issues that arise with the rental of ADUs.
John Spooner/County resident stated the ADU regulations should not
be approved without addressing the issue of detached units and
rentals.
Board of Trustees — April 28, 2009— Page 5
Paul Brown/County resident and Contractor Association
representative stated the Town should review the County's current
regulations for ADUs. The current proposal is over regulated and
does not address all the issues.
5. ACTION ITEMS:
1. REVISED MEMORANDUM OF UNDERSTANDING WITH THE SUPPORTERS
OF THE PERFORMING ARTS.
Town Administrator Halburnt stated the Town Board reviewed the MOU with
SOPA at a Study Session on March 24, 2009. The revised MOU removes a
specific dollar amount for the site preparation for the theater at Stanley Park
Fairgrounds, any reference to the sale of Lot 4, Stanley Historic District and
updates dates for the theater design and pro -forma. The changes were
suggested by SOPA to aid with fundraising efforts. It was moved and
seconded (Homeier/Eisenlauer) to approve the revised Memorandum of
Understanding with the Supporters of the Performing Arts, and it passed
unanimously.
2. RESOLUTION #11-09, SURPRISE SIDEWALK SALE.
Town Administrator Halburnt stated the Estes Park Merchants Association
(EPMA) would like to have a second sidewalk sale since the first one in April
was snowed out. Paul Fishman/Representative for EPMA stated a majority of
the members support holding a sale on May 2nd and 3rd. It was moved and
seconded (Miller/Blackhurst) to approve Resolution #11-09 for the second
spring surprise sidewalk sale on May 2nd and 3rd, and it passed
unanimously.
3. TOWN ADMINISTRATOR REPORT.
A public forum would be held on April 30, 2009 at 6:30 p.m. in the Town Board
room to discuss small scale wind turbines. The current Estes Valley
Development Code does not contain regulations to address wind turbines.
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Eisenlauer/Blackhurst) the Town Board enter
into Executive Session for the discussion of specialized details of
security arrangements under C.R.S. Section 24-6-4-2(4)(d), and it passed
unanimously.
Mayor Pro Tem Levine called a 5-minute break at 9:24 p.m. prior to entering into
Executive Session.
Mayor Pro Tem Levine reconvened the meeting at 10:54 p.m. from Executive Session
whereupon he adjourned the meeting at 1D 4 p.m.
ck Levine, Mayor Pro Tem
Jackie Williamson, Town Clerk