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Home My WebLink AboutMINUTES Town Board 2015-05-26Town of Estes Park, Larimer County, Colorado, May 26, 2015 Minutes of o Regular meeting of the Board of Trustees of the Town of Estes Pork, LahnnerCnunty, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 26 th day of May 2015. Also Present: William CPinkhann'Mayor Wendy Koenig, Mayor Pro Tern Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Frank Lenooster, Town Administrator Travis Mauha|ek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee Ericson stated the May 28th Community Development/Community Services Committee meeting has been cancelled. The Transportation Advisory Board held their regularly scheduled meeting and received updates on the Dry Gulch project and continued discussions onthe master parking p|an/po|ioy. Trustee Phipps announced the May 19m Estes Valley Planning Commission meeting was cancelled. He and Trustee Nelson presented the Pride Award Scholarship to Melody Tovar for her extraordinary community service and academic achievement. Mayor Pro Tern Koenig nt*had the VVeubsm Heritage Foundation would hold a fund raiser nnMay 29mot7:0Op.m.with the Window tnthe West Art Show gala. The public may attend onSaturday and Sunday toview the art ondisplay. Trustee Norris commented telephone scams are onthe rise and to notify the police department with any concerns. Mayor FinNmmstated hahad the honor of introducing Tommy Caldwell at the Stanley Hotel. Mr. Caldwell completed the first -ever free climb of the Dawn Wall of El Capitan inYosemite National Park. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated May 12, 2015 and Town Board Study Session Minutes dated May 12, 2015. 2. Bills. Board of Trustees — May 26, 2015 — Page 2 Public Safety, Utilities & Public Works Committee, May 14, 2015 - Cancelled. 4. Transportation Advisory Board Minutes dated April 15, 2015 (acknowledgement only). 5. Parks Advisory Board Minutes dated April 16, 2015 (acknowledgement only). 6. Estes Valley Planning Commission Minutes dated April 21, 2015 (acknowledgement only). It was moved and seconded (Koenig/Norris) to approve the Consent Agenda Items, and it passed unanimously. 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEM: A. AMENDED DEVELOPMENT AGREEMENT — Lot 7, Marys Lake Subdivision Replat, TBD Kiowa Court; Greg Coffman/Applicant. Planner Kleisler. Item continued by staff to the June 23, 2015 Town Board meeting. B. AMENDED PLAT, DEVELOPMENT AGREEMENT & REZONING REQUEST • AMENDED PLAT & DEVELOPMENT AGREEMENT Portion of Lot 25, Block 10, Town of Estes Park, & portion of Lot 8A of the Amended Plat of a portion of Lots 7, 8, 24, & 25, Block 10, 2nd Amended Plat, Town of Estes Park; 175 Spruce Drive and the adjacent undeveloped land; Silver Moon, LLC/Owner. • ORDINANCE #03-15 Rezone from RM-Multi-Family Residential to CD - Commercial Downtown, Silver Moon, LLC/Owner. Planner Kleisler. Planner Kleisler stated the applicant owns the Silver Moon Inn zoned CD Commercial Downtown and recently purchased the lot to the north, an illegally subdivide lot from the Mountain Gate development zoned RM Multi -Family. The applicant has requested the consolidation of two lots to remove the interior lot line and correct the illegal subdivision of the northern lot; rezone the northern lot to CD; and include a development agreement to restrict the use of the area currently comprised of the northern parcel in lieu of a development plan. This action would require future development on the parcel to be reviewed through the Special Review process. The Planning Commission recommended approval of the application package; however, they further restricted the northern parcel to residential use only and prohibited accessory uses for the hotel such as gazebo, picnic area, etc after hearing testimony from the Mountain Gate HOA. The proposed restriction would create split zoning on the property as it relates to use. Additional development could occur on the northern parcel; however, it would be extremely difficult due to the slope. Tom Hochstetler/Silver Moon Inn owner stated the rezoning would provide the density needed to address flood repairs. The removal of the lot line between the properties would provide the owner additional options to move the property or raise the property to mitigate future flooding. He requested the Board remove the residential restriction from the northern parcel and allow the property to be zoned commercial. He stated due Board of Trustees — May 26, 2015 — Page 3 diligence was not allowed by the Planning Commission during the process. The Special Review restrictions are understood and at this time the owner has not contemplated development on the lot. A conservation easement or fire belt may be created. The main objective of the applicant's request would be to repair the Inn. Board discussion followed on the potential of developing the northern lot both commercially and residentially, discussed setbacks on the northern lot zoned as CD or RM, the need to include a Special Review for the property, and the need to limit the uses on the property. Dan Herlihey/Town citizen and Mountain Gate HOA President stated the parcel was sold to Silver Moon, LLC by the original developer. The HOA stated concern with the commercial rezoning of the property due to the steep slopes, natural undisturbed vegetation, active wildlife habitat, lack of adequate access, prominent views, and close proximity to residential neighborhoods. Mountain Gate HOA requested non-residential uses be restricted and the restriction placed on the plat to ensure no future commercial development. Renee Krahn/Town citizen stated she purchased the property with the understanding the developer would complete the condominium development and never anticipated commercial development. Fred Renner/ Mountain Gate HOA Vice President commented the HOA's largest concern would be the unknown commercial development that may be built in the future. Barry Sweets/Town citizen commented when he purchased the land it was residential and there is a nature greenbelt in the area used by the wildlife. He would like to see the area protected. Tom Hochstetler stated the property would not be suitable for residential or commercial development. His objective would be to rezone the property and remove the lot line to improve the Silver Moon Inn. Trustee Norris stated he could not support the motion without the inclusion of a Special Review to provide future boards tools and to allow public comment. He would remove the additional restrict on the northern property recommended by the Planning Commission. It was moved and seconded (Koenig/Nelson) to approve Ordinance #03-15 to rezone the property to CD Commercial Downtown without the Special Review. A substitute motion was offered. Attorney White read the Ordinance. It was moved and seconded (Norris/Phipps) to approve Ordinance #03-15 to rezone the property to CD -Commercial Downtown with Special Review without the Planning Commission's recommendation to limit the northern lot to residential use only and the Development Agreement, and it passed with Trustee Ericson voting No. Trustee Phipps questioned if the Special Review requirement would apply to the entire parcel with the removal of the lot line or just to the northern portion of the combined lot. Attorney White confirmed it would only apply to the northern lot as outlined in the Development Agreement. It was moved and seconded (Koenig/Norris) to approve the Amended Plat, a Portion of Lot 25, Block 10, Town of Estes Park, & portion of Lot 8A of the Amended Plat of a portion of Lots 7, 8, 24, & 25, Block 10, 2nd Amended Plat, Town of Estes Park; 175 Spruce Drive and the Board of Trustees — May 26, 2015 — Page 4 adjacent undeveloped land with the findings and conditions recommended by the Estes Valley Planning Commission, and it passed unanimously. 3. ACTION ITEMS: 1. ORDINANCE #09-15 FIRST AMENDMENT TO THE LEASE FOR PROSPECT MOUNTAIN RADIO SITE. Attorney White stated the Town entered into a lease agreement in 2010 with Heron LLC to lease property on Prospect Mountain for the installation and operation of communication, transmission and reception systems. In 2014, the Town installed a Highway Advisory Radio System and antenna on the mountain. It was later determined that the facilities were not on the property subject to the lease agreement and certain provisions of the lease were not being performed by the Town. The first amendment to the lease agreement includes the additional property needed for the radio station, updates the listing of communication systems, provides for the payment of past due rentals, and substitutes an annual rental increase in the amount of 3% to replace the CPI increase. Attorney White read the Ordinance. It was moved and seconded (Phipps/Nelson) to approve Ordinance #09-15, and it passed unanimously. 2. TOWN ADMINISTRATOR EMPLOYMENT CONTRACT. Director Williamson stated the Town Board approved a three-year contract with Town Administrator Lancaster in April 2012 that was extended through June 30, 2015 to provide the Board time to complete his annual evaluation and discuss new contract terms. The Board found his performance to be well above average. The proposed four-year contract would expire June 7, 2019 to ensure an off election appointment of a new Town Administrator. The Board recommended a salary of $155,000 and adjustments to the salary per the annual market study for the management pay family. It was moved and seconded (Ericson/Holcomb) to approve the updated Town Administrator job description and new four-year employment contract with Town Administrator Frank Lancaster, and it passed unanimously. 4. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Koenig/Ericson) to approve entering into executive session for a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions on the Loop under 24-6- 402(4)(b). C.R.S., and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:20 p.m. Mayor Pinkham reconvened the meeting to open session at 8:26 p.m. Whereupon Mayor Pinkham adjourned the meeting at 9:1,,6 p.m. Iiam C. Pinkham, Mayor Ja c¢I Williamson, Town Clerk LJ