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Home My WebLink AboutPACKET Estes Valley Planning Commission 2009-09-15Prepared: September 2,2009 AGENDA ESTES VALLEY PLANNING COMMISSION Tuesday, September 15, 2009 4:30 Study Session, Rooms 201 and 202, Town Hall 6:00 p.m. Meeting, Board Room, Town Hall 1. PUBLIC COMMENT The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 2. CONSENT AGENDA Approval of minutes - August 18, 2009 Planning Commission Meeting 3. AMENDED PLAT - Lots 9,10,11,12 & a portion of Lot 8, Block 1, 2ND Amended Plat, Town of Estes Park Owner/Applicant: Thomas E Widawski Request: Combine five existing lots into two lots of record 4. REVISIONS TO ESTES VALLEY DEVELOPMENT CODE - SHORT TERM RENTALS Revisions to vacation home regulations, including revisions to the definition of accommodation use, guest room, guest quarter, household living, and nightly rental in EVDC Chapter 13, and revisions to distinguish between B&Bs and vacation home uses and the districts in which these uses are permitted. 5. REPORTS TOWN BOARD DECISIONS Stanley Park Grandstand 6. ADJOURN The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. -1 0 63 ESTES VALLEY PLANNING COMMISSION STUDY SESSION SURVEY RESULTS - - PRIORITY LEVEL DISCUSSION ITEM HIGH MEDIUM LOW Wind Turbines 4 2 Vacation-home rentals and Bed & Breakfasts 231 Accessory Dwelling Units/Kitchens 4 2 Expire Development Plan approvals (code currently is silent to expiration of development plan approvals) 1 2 3 Sign Code (create a special review process to add more flexibility and reward good design 2 4 Fix Appendix D (reconcile Town and County road standards) 1 1 3 OMIT -1 Planned Unit Development (PUD) Provisions, especially Downtown 2 1 3 RM-Multi-family Residential and A-Accommodations Standards (replace existing kitchen based density formulas with a Floor 2 4 Private Schools ( code is silent, produce new development standards) 1 1 3 OMIT -1 Limit site disturbance on old lots (delete exception to site disturbance stds for lots platted prior to 2002, limit cuts and fills 3 1 2 A-1 - Accommodations density formulas (clarify definition of unit) 2 2 2 Wildlife and Open Space 222 Inclusionary Zoning (affordable housing quotas) 2 1 3 Adopt solar panel regulations 3 3 Clarify containment provisions in the CD Downtown districts (tour operators and bike rentals) 5 OMIT -1 Enforcement of current Development Code 2 Revision of Comprehensive Plan 1 Commecial/Residential Interface Zoning (trouble spots) 1 RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 18, 2009, 6:00 p.m. Board Room, Estes Park Town Hall Commission: Chair Doug Klink; Commissioners Alan Fraundorf, John Tucker, Betty Hull, Steve Lane, Ron Norris, and Rex Poggenpohl Attending: Chair Doug Klink, Commissioners Alan Fraundorf, John Tucker, Betty Hull, Steve Lane, Ron Norris, and Rex Poggenpohl Also Attending: Director Joseph, Town Attorney White, Planner:Shirk, Planner Chilcott, Town Board Liaison Homeier, and Recording Sebretary Thompson Absent: None. .: , T. , The following minutes reflect the order of the agenda and nbt,necessarily the chronological sequence. 9 .11 4 Chair Klink called the meeting to order at 6:00 p.m. 4--I k. .4 , X. 1 1. PUBLIC COMMENT + None. 1. . k . 4. 1 2. CONSENT AGENDA Approval of minutes from July 21, 2009'Planning Commission meeting. 1, Approval of correction of The Neighboffiood cr6ation date,-197~ should be 2005. (June, 2009 minutes) 0 /:,/> '4, \ 1 It was moved and sec6nded (Fraundorf/tane) that the consent agenda be accepted, and the mption petssed uhal)imously. 0 h Â£ 2 . 3. YMCA OF=~THE ROCKIES - SIGNAGE MASTER PLAN Metes & Bounds parcel loc~ted at 2515 Tunndl Rbad *'', Owner: Â¥MCA~of the Rockies : , Applicant: DaVinci Sign Syst@mstinc. Request: Reeldvelop a 1.053'acre area of the Stanley Park Fairgrounds, which Â· 80,)tains the grand*tand, And to replace the grandstand. Plann6r Shirk review@d the staff report. He stated the Larimer County Board of County Corn}nissioners 4ptoved the YMCA of the Rockies Master Plan in March, 2007. This master plan is infended to outline the development of the YMCA campus. The current request for a Signage Master Plan refers to Section 10.2.B of the Larimer County Land Use Codes (LCLUC), which states "signs may not be placed on or over public roads or rights-of-way, or in road or access easements, except for utility warning signs."The existing YMCA entrance sign is located within public right-of-way, which is over 100 feet wide, and the owner desires to replace this sign with a new one at the same location. This location maximizes visibility and will avoid constrictions associated with the bridge and pond. Larimer County Engineering and Planning are both supportive of this request. Concerns were site visibility and verification that the nearest edge of the entrance sign is at least 40 feet from centerline of Tunnel Road. Planner Shirk stated that during the Master Plan review process, some residents thought the lighting on the existing entry sign was excessive. Because of that concern, a condition of approval was placed on the Master Plan of 2007 stating "the overall lighting plan mentioned on page 35 should be developed within the first year of RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 August 18, 2009 approval. Entry lighting should be addressed first." The applicant proposes to use internal illumination in order to minimize "light spillage." Section 10.5 states, in part, that "signs may not exceed four square feet per face or ten feet in height." The applicant is requesting an appeal to this section to allow fewer large signs rather than more small signs. Larimer County Planning supports this request. This appeal would not preclude the need for a building permit. These wayfinding signs are intended to have reflective lettering and not be illuminated. Section 10.18 of the LCLUC requires "a sign plan shall be prepared for all permanent signs in nonresidential districts that require a sign permit under this section." The applicant has submitted this signage master plan to satisfy this tequirement, and as support for the waiver of future sign permits. The YMCA of the Rockies Master Plan includes the foliowing~signage concepts: 1) A planned system of signs of the themed image with i. consistent style, color and material, coordinating with other site materials; 2)' WayfiAdint] ~Signage for both vehicles and pedestrians, consisting of directional 46ad-side"ar~pedestrian-area signs, informational kiosks with site maps, andlacility name sigriagÂ©3) Regulatory Signage for vehicles that is coordinated withftlie site sign system; '4) *Informational Signage coordinated throughout the site; 5)'interpretive*Signage to educate*th~jsitor on the site's historic and natural resourdes And environmental conservation;~and 6) Major wayfinding signs visible from streets aAdiliuminated for night use. 9 I. i /1 + . Planner Shirk stated it is staff's opinion the signage plan and appeals are consistent with the policies, goals and 6bjectives of the Estds,Valley Plan and YMCA of the Rockies Master Plan. This re4uest''has been submitted 'tq all applicable reviewing agency staff for consideration ahd'comihent. No significhnt issuSs or concerns were expressed. This is a recommeAblatidn .tohht Larimer Godnty Board of County Commissioners, scheduled to be orilhe agehda in:Septemb@r. B t./) -I 3/ Public CommeÂ¢iâ‚¬ -\ 44/ 3/ Chuck Jordah; Engineer with RLH, statjd new signdge is important for YMCA guests due to redent.jmproveinehts and alteratibns of the existing roadways. This signage plan will*Allbw the YMCA t6 continue to iniplenient their Master Plan. Mr. Jordan noted the new entrallce'sign *id longer,Jhan the e'xis1ing sign; however, the added length will ~e placed towards th*e*b?idge and-bond rattier than extend closer to the road. h \ ...L..3 , <SCommidsioneN:lull is"-suppfrtive of the proposed illumination level of the entrance C sign. Commissioner Podgenpohicommented this master plan is a good improvement; 44-.# 7 however, he bdlievis it could be'more comprehensive. \\ \Â·lt was moved and seconded (Hull/Tucker) to recommend approval of the Signage Master Plan and Apheals to Larimer County Land Use Code sections 10.2.B and 10.5.L for the YMCA of the Rockies to the Board of County Commissioners with the fihdihgs and'conditions recommended by staff, and the motion passed unanimdus,9.7 1/ CONDITIONS: 1. No sign permits shall be required for regulatory signage, informational signage, or interpretive signage, though plans shall be submitted to Estes Park Community Development to ensure consistency with the approved master plan and compliance with sight visibility requirements set forth in Appendix D.IV of the Estes Valley Development Code. 2. Approval of this plan does not affect any requirements for building permits. 3. All signage shall be of a themed image with a consistent style, color and material, coordinating with other site materials. RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 August 18, 2009 4. Surveyor shall verify nearest edge of entry sign is at least 40-feet from centerline of 'Tunnel Road". 5. Compliance with memo from Larimer County Engineering dated July 21, 2009. 4. LOCATION AND EXTENT/SPECIAL REVIEW 09-01 - STANLEY PARK GRANDSTAND Metes & Bounds parcel located at 1209 Manford Avenue Owner: Town of Estes Park Applicant: Thorp Associates Request: Redevelop a 1.053 acre area of the Stanley Park Fairgrounds, which contains the grandstand, and to replace the grandstand. .. I I. ~X Planner Chilcott reviewed the staff report. She stated it is th@intent bf the Estes Park Urban Renewal Authority and the Town of Estes PArli:to make a series of improvements at the existing Stanley Park Fairgrounds,Â· tile.fitst of which will be to replace the 62-year-old Granny May Grandstand with A newfacility. The footprint of the grandstand will be 15,500 square feet with additiMal restrooht, cgncession, and ticket booth space under the grandstand of 2,715 squhre feet. The Stanley Park site is approximately 42 acres in size, the parcel <on which the grandstand li located is approximately 7.55 acres in size, and the greindstand redevelopment arda fs justgover an acre in size. I \ I N. 2., If .4: 0 Planner Chilcott stated the new grandstand willfront 6nto the existing arena similar to the current grandstand. It will provide a safer, 1-Aore>functional and more attractive %,4 grandstand, as well as increase the seating capacity'frprh.2,100 seats to 2,700 seats. Restrooms and concession areas woilld also be improved. N . f ... %,27, Planner Chilcott explained this project is one cbmp-onent of,h larger revitalization plan for Stanley Park Fairgrounds. In 2003, the Bdard:of Trusteek adopted the Stanley Park Revitalization Plan ,prepared by the Town:Board Goal Jeam #5; in 2005, the Stanley Park Master,Concept Plan was revie,451 by Planning Commission and approved by Town BoardiAlso in 2008, Van Horn Engineering and Surveying completed a Storm Drainage"Mahter Plan,lantl Cornerstone\Engineering and Surveying began work on drainag& imbro@ements. IIi 2009, constructidA plans for a transit hub/paved parking area on the prdpflly,wa's pr@pared by Davitl Evans and Associates, and the Town is in the-process of iecuring funding-fof these improvements. In July, 2009, Kenney (Associateswas awarded,~an architect'and engineering service contract for a Multi- '- Purpose EvenÂ¢Genter'and Indoor Arena at the Fairgrounds. Most recently, Thorp and ~ Associates lias br,pared kA?chit@ctural Design Guidelines for Stanley Park to help 4" ~ , ,guide the new donstruction hndirenovation. Parking will be located between the Senior Center paved parkinb and th& existing paved parking. A proposed multi-purpose event center will most likely be placed northwest of the grandstand, where the current barns are tpdated. 4 5 /5.61 PlanneriChilcot'stated the Stanley Park Fairground is classified as a Major Entertainrhent Event use in the CO-Commercial Outlying zoning district and requires review of am special review application by the Planning Commission with approval by the Town Board. She submitted this request to reviewing agency staff and adjacent property owners for consideration and comment. Several agencies commented and their requests for compliance are included in the conditions for approval. No public comment was received. Planner Chilcott stated staff reviewed this application for compliance with the standards for review in Estes Valley Development Code Section 3.8.D and the special review standards. This plan complies with minimum required building/structure setbacks, impervious coverage, and floor area ratio limits. On August 4, 2009, the applicant was granted a height variance by the Estes Valley Board of Adjustment to allow the ventilating cupolas on the grandstand to exceed the maximum allowable RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 August 18, 2009 height by four feet four inches. Planner Chilcott noted the main roof of the building complies with the maximum allowable height. Concerning public trails and private open areas, Planner Chilcott noted the redevelopment of the grandstand courtyard will improve the pedestrian feel by removing the asphalt paving and replacing it with colored concrete. Newly constructed parking lots will also improve the pedestrian connections between parking areas and the grandstand. No recommendations were made for additional sidewalk construction at this time. Planner Chilcott reviewed the requirements for the quantity of trees and shrubs for the project. The Master Plan calls for a significant amount of landscaping along the frontage. Staff suggests evaluating the landscaping for the entire-Stanley Park, which would allow for more flexibility in locating required trees and shluEE For example, staff would be supportive of installing fewer trees and shrubs id the grandstand courtyard and planting more elsewhere on the fairgrounds property(/h \ ff ki. .#18 Commissioner Poggenpohl believes the landscaping glan is very important, and thinks these improvements should have a high prigiti-A~*ould likethe LTree Board to X -8 provide recommendations to the Public Works'ddpartment. %\ \ Planner Chilcott stated the new exterionlighting plan complies with the EstesiAlley Development Code (EVDC). The existing floodlights ob,the ridgeline of the'current grandstand will be removed and reinstalled 'on 'thdifoof bf the new gtandstand. However, they will be located further down the roof, closer to the arena, and will shine at a lower angle than they cufrent!y shine. This wilrf h*slight improvement over the current situation. -I#- ... 1. I :. 14 Planner Chilcott stated staff recothmerided prep~ing a parkind study to evaluate the full range of uses at the fairgroundi,Nhe potential for..shared parking between each of the uses, and th~ pesibility of using'*off-dit~ patking 66Mbined with public transit. A parking study/dould hnsure that parRfrfg needs are adequately addressed. The planned tratisit hub..patking, which iAclu(les defihed parking spaces, will be a significant'iniprovemelit dver the curr&At parking situation. This transit hub is a separat@Ffunded phasb Af the Stanley 14rk:redevelopment, and staff is working to secure funding,fjr.*tljs' project from a variety of sources. Thorn Associates has ~ovided- conceptual--plAns -for-7h'e-inte*ening 78-space parking lot between the ,grandstalÂ¥tls.and the ttansit hubparkinlg area in order to begin determining how the ~Obonnectionfbhtween "th@\two areas will work. This connection is important for / / compliance with>accessible*parking regulations as well as drainage purposes. Once 4-1 \ the parking ardas are condtructod, there will be approximately 346 paved and striped \ Â»king spaces At the fairgr6unds. Additional parking may also be constructed during \ later* phases of rdde'yelopment. Staff recommends evaluating accessible parking for tlie drandstand andjtransit hub as a whole, rather than as independent projects, in ord~er. to'gain a better analysis and design. Because lots with defined parking spaces have Righdr,capatities than those with unmarked spaces, Staff recommends looking at a compl@te beirking study of the entire property. The end result would be a more comprehenbiv@ plan for overall parking issues, and ensure all the accessible routes work. PlanKer Chilcott stated part of the existing lot does not meet current standards, and any parking spaces will be an improvement. Planner Chilcott stated adequate public facility improvements are required to be installed concurrent with the impacts of the development. The sanitation district commented that sewer service lines will need to be studied and properly sized. The water department comments pertained to water-line sizes, which will require revisions to the development plan. The drainage plan is very critical due to the location of the property in comparison to the lake and the number of animals that will be using the site. The Storm Drainage Master Plan completed by Van Horn Engineering and Surveying in 2005 envisions most of the water from the grandstand area will drain east towards Community Drive, eventually entering the existing detention pond near the RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 August 18, 2009 Gun Club. There is the possibility of a temporary retention pond on the Stanley Park property to collect runoff before entering the swale carrying it to the lake area. Staff believes a drainage plan and report for this phase of redevelopment could evaluate the conformity with the 2005 Drainage Master Plan and determine if any additional improvements are needed, or if any state permits and plans need to be obtained or updated to bring the grandstand drainage system up to current standards. Staff determined no additional fire hydrants will be required; however, revisions to the ISO calculations may be required because access to one of the hydrants used in the calculations is blocked by existing and proposed Stanley Park improvements. Design details are being discussed by the affected agencies. Planner Chilcott pointed out that two wet standpipes will be required and should be shown on the dpvelopment plan. Colorado Department of Transportation has notified Planner Childott they will require a traffic impact analysis to evaluate needed improvements, if Any. This analysis could be updated as additional redevelopment occurs and colild -'alto evaluate options to improve safety and the impact of increased usage of th& Foorth Street access to the fairgrounds. Just looking at the Grandstand portion of the developrkent may not have as much impact on traffic as would other projects forthgothing. i, \ V \ \ Several Planning Commissioners comment~d about the need for timel~corhpletion of traffic and parking analyses and were doncomed abdlit the improvements &Â§ they relate to future redevelopment. Several domrhissione'rs: expressed concerri about waiting until issuance of a certificate of occubanby-for: the*grandstand td complete these studies. There were also concerns about the drainage. Director Joseph explained the topography offthe area, and notekk<Rat future projects will affect drainage. He stated our obligation isto retain the flowsfrom the developed site. He also said the engineering compAny isvery,[pindful and focu*ed'bn water quality and intent on complying with water qUblity regulations. This tobicis still being discussed and actively tracked to ensure coMpliance.>The Brainagerblan will be incrementally expanded to meet_the requirements of 'feijch propodekl project in Stanley Park. Commissione[Worriswguld like a rea'sbn on the rÂ¢cord for the drainage not going through thl@rhary detention pond. Public Comment: There were no comments from tbe public. 7 . Â£ Commissibner Norris Riquests adding a condition of approval to refer the landscaping 'recomrriendations frorh th& Tree Board to the Public Works Department. .. L.Commissioner Podgenpohtsuggested accelerating the parking and traffic studies due to.the implicatiods on the overall development plan, timing, and cost. It was moved anti seconded (Poggenpohl/Hull) to recommend approval of Location and Extent/Special Review 09-01 - Stanley Park Grandstand, with the findings and conditions recommended by staff and modified below, and with the recommendation that the parking and traffic studies be expedited because of their implitations on the overall development plan, timing, and project costs. The motioh passed unanimously. CONDITIONS: 1. Compliance with the comments in the Estes Park Public Works and Utilities Departments memo dated July 24,2009. This includes revising the development plan to satisfy the Water Department comments including the comment about water-line sizes. 2. Compliance with the comments in the Estes Park Fire Department emails dated July 17, 2009 and August 5,2009. Revised ISO calculations shall be submitted for review and approval, if required by the Fire Department, and any required RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 August 18, 2009 revisions, such as the installation of a wet standpipe, shall be reflected on the development plan. 3. Compliance with the comments in the Colorado Department of Transportation email dated August 4,2009. 4. Sewer service lines will need to be studied to be properly sized. 5. The application shall comply with standards for review in Estes Valley Development Code Section 3.8.D Standards for Review\s required. 6. Landscaping shall be installed along Manford Avenue as required by the Estes Valley Development Code. 7. A parking study shall be prepared in accordance,with jEVDC 7.11.E Parking Studies for review and approval and the required amount of parking provided. / 7 X. 8. Accessible parking spaces and accessiblejroutA<from thdse spaces shall be reviewed with the Building Department and.any'need@d revision&<shhil be reflected on the plans. . 11Â« f .NO 9. A drainage plan and report for this phase of redeve~ment shall be prebared and required improvements for this phase of redevelopMent st-tall be installed,~ 10. A traffic impact analysis shall be submitted for- ;bview and approval and any required improvements instÂ£11 lecl>-u /4 Nt 4/ 11. The redevelopment shall be designed toÂ»accommodate alcreened and animal- proof dumpster(s) located to bbmply With EVDC Sedtion 7.13. The dumpster location shall be shown on the ddvelopriknt planfoheview and approval. 12. A Towp<Boardlignature block shall be provided rather than a Planning Commissiop signatore block. 9 13. The Tree Bo~rd shall'be engaged in the preparation of final landscape plans for Jhis project. N 1/1-Â·-Â·.-- - -#*._~,;;:~' 5. REPORTS-n ~Â·.. /1 A X The Community 65velopment bepartment has had no pre-application meetings since 1 *the last Plannind edmmissidntneeting I /3 TowA Board approved the following projects that were previously reviewed by Planning Commission: The Ndighborhood Preliminary Subdivision Plat, The Meadow Preliminary Cond8mirlium Mhp, Stone Bridge Estates Preliminary Condominium Map, and Wondenilew'Villa'ge Supplemental Condominium Map #2 hu The Board:of County Comrhissioners approved the Binns Amended Plat. Staff made the changes to the Wildlife Habitat and Assessment code that were recommended by Planning Commission, and the revisions will be reviewed by Town Board on August 25,2009. One of the revisions was to the buffer section, to say that all development shall provide a setback from any identified important wildlife habitat to the maximum extent feasible. Planner Chilcott stated the entire Estes Valley is mapped wildlife habitat. The way the current draft is currently written, these review standards apply to all development applications whether or not a conservation plan was triggered. Staff was concerned it would be very unpredictable for developers and difficult for staff to determine how every development had provided a setback from all important wildlife habitat to the maximum extent feasible when a conservation plan had not originally RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 August 18, 2009 been triggered. Language was revised to state all development subject to a wildlife conservation plan would be required to provide a setback in accordance with the recommendations in the study. Staff wanted to be assured this language was the intent of the Planning Commission. The Commission agreed on the revision. Director Joseph reported on the most recent public forum on small-scale residential wind turbines. He stated this meeting tried to focus discussion on the tougher regulatory issues, and feels it was a useful discussion and people are beginning to form opinions. This information will be used to get some type of code language written during the 120-day moratorium. Commissioner Norris thought the forum was productive and people brought up a lot of points which he believes will benefit the writing process. Director Joseph stated a comment was made about whether or not to allow wind turbines at all, and that person felt staff may be jumping to condlusions by wanting to write code to regulate them if it was decided to ban themi.altÂ®dther. There were comments both for and against wind turbines, and a large 0r6up is still non-committal. Director Joseph hopes the discussion will help people hdve an informed decision. He stated the moratorium was placed because people werd upsÂ«*e had already issued several permits prior to any regulations being in,plab4. People.arkaccepting of the moratorium and its purpose. Commissioner Hull'believel the visubl irripact seemed to be a real priority to the public. Commissioner.Nofris believes the Towh Bdard will make this a high priority and hopes they will draft.Â·A broblem statement soon. Diredtor Joseph stated that staff has done a lot of researdh.oripthis topic and soon will have 02**bsite page dedicated to this topic. However, he Woes.not wantius to be contetit With the current presentation, and would like to continue to hdd'inforrRation to the page in order to allow people to be informed and make well-grodnded. decisions. 9 X I 4 .-9.. - 4/ m -\8 + ... 4 There being no further business, Chair.Klink adjourned the mdetilig at 7:10 p.m. v. 1 7 I -- I I t. / Doug Klink, Chair 1.1.1 r n.v Karen Thompson, Recording Secretary .4 -3 i , ' I ./ 11â€¢1111 Estes Park Amended Plat ~ Estes Park Community Development Department Municipal Building, 170 MacGregor Avenue PO Box 1200 .... .w Estes Park, CO 80517 ~ Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com DATE: September 15, 2009 ~NP p~'p i REQUEST: Combine five lots into two. , - USIS r7 LOCATION: 205 Park Lane libujain OWNER/APPLICANT: Thomas Widawski r~tiore; - a STAFF CONTACT: Dave Shirk -- USFS RM\IP L.y Ebuxhy SITE DATA TABLE: Engineer: Van Horn Engineering, 586-9388 Parcel Number: 3525114009 Development Area: .326 acres Number of Lots: Five existing, two proposed Existing Land Use: Retail Proposed Land Use: Same Existing Zoning: "CD" Commercial Downtown Adjacent Zoning- East: "CD" Commercial Downtown North: "CD" Commercial Downtown West: "CD" Commercial Downtown South: "CD" Commercial Downtown Adjacent Land Uses- East: Retail North: Residential West: Retail South: Institutional Services- Water: Town Sewer: EPSD Fire Protection: Estes Park Volunteer PROJECT DESCRIPTION/BACKGROUND: This is a request to combine five lots into two lots. The owner plans on restoring the existing buildings, which straddle existing property lines. The purpose of the amended plat is to eliminate those lot lines, originally created with the Town of Estes Park plat in 1906. This plat will consolidate those lots into a configuration that "'fits" the existing structures, and will provide appropriate easements for utility service lines. REVIEW CRITERIA: Depending upon the complexity of the project, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. This proposal complies with applicable sections of the Estes Valley Development Code REFFERAL COMMENTS AND OTHER ISSUES: This request has been submitted td all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services, though agencies comments have been included as suggested conditions of approval. These comments tend to focus on easements and drafting requirements. STAFF FINDINGS AND RECOMMENDATION: Based on the foregoing, Staff finds: 1. This proposal complies with applicable sections of the Estes Valley Development Code. 2. This request has been submitted to all applicable reviewing agency staff for consideration ahd comment. No significant issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 3. Within sixty (60) days of the Board' s approval of the amended plat, the developer shall.submit the final plat for recording. If the amended plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. 4. This is a Planning Commission recommendation the Town Board; Therefore, Staff recommends APPROVAL of the proposed Amended Plat of Lots 9, 10, 11, 12, and a portion of Lot 8, Block 1, Second Amended Plat of Town of Estes Park CONDITIONAL TO compliance with memos from EPSD, Town Attorney White, and Public Works (attached). SUGGESTED MOTION: I move to recommend APPROVAL of the proposed amended plat to the Town Board of Trustees with the findings and conditions recommended by staff. Page #2 - Amended Plat of Lots 9, 10, 11, 12, and a portion of Lot 8, Block 1, Second Amended Plat of Town of Estes Park C E Estes Park Sanitation District PO Box 722, Estes Park, CO 80517 August 21, 2009 Dave Shirk Town of Estes Park Fax Number: 970.586.0249 RE: Estes Park Amended Plat (Widawski) Attention: Dave Shirk Concerning Planning Commission comments for an Amend Plat for Lots 9,10,11,12 & a portion of Block 8, Block 1,2nd Amended Plat Town of Estes Park, the directors had the following comments: 1. The sewer line for Lot 8A needs to be moved out from under the footprint of Heirloom Jewelers (201 Park Lane) and the sewer line easement for Lot 8A needs to be all Lot 9A. A portion of the easement appears to extend under the Heirloom Jewelers building. 2. A sewer line easement for the Heirloom Jewelers (201 Park Lane) needs to be shown on the plat. The private easement shown on the plat does not extend to the property line of the 201 Park Lane. 3. At some point there will likely be three different owners all sharing a sewer line in this area. So all current and future owners are aware of the situation, a shared sewer line agreement between the three lots (including 201 Park Lane) needs to be executed and recorded with Larimer County. A copy of the document shall be provided to the District. 4. The sewer line needs improvement. The line shall be replaced with a six inch service line from the connecting manhole in the island along Virginia Drive. The District is working with Mr. Widawski concerning this replacement. If you have any questions, please call me at 586-2866. Fax 586-4712. Sincerely, James Duell District Manager c. David Bangs, VHE Office: 1201 Graves Avenue 970.586.2866 / Plant: 610 Big Thompson Ave 970.586.3516 Fax: 970.586.4712 ( t GREGORY A. WHITE k. M Attorney at Law North Park Place 1423 West 29th Street 970/667-5310 Loveland, Colorado 80538 Fax 970/667-2527 August 13, 2009 DAVE SHIRK, PLANNER II COMMUNITY DEVELOPMENT DEPT TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Re: Preliminary Amended Plat and Amended Plat - Lots 9,10,11,12 & 13 & a portion of Lot 8, Block 1, Town of Estes Park - Widawski Dear Mr. Shirk: Preliminary Plat I have no comment. -Amended Plat I have the following comments: 1. The Plat shows access and maintenance easements. Both of these shall be labeled as private mutual access agreement and private access and maintenance easement. 2. The Dedication Statement dedicates perpetual public easements for the installation and maintenance of utilities and drainage. As there are no public easements on the Amended Plat, this reference in the Dedication Statement shall be deleted. 3. The Amended Plat contains the words "proposed property line". This designation should be removed from the -Amended Plat. If you have any questions, please d~lot hesitate to give me a call. ylry TÂ¥44 ours, 0 0 \/0 r ~ Gregor#A. White GAW/ldr Cc: Van Horn Engineer*ig, David B*53/ Fax: 970/586-8101 ESTES w-.ti PARK COLORADO Town of Estes Park Public Â¥forks & Utilitles Memo To: Planner Dave Shirk, Bob Goehring, Jeff Boles, Todd Steichen, Reuben Bergsten, Scott Zum and Greg Sievers From: Tracy Feagans Date: August 21, 2009 Re: Widawski Amended Plat at 205 Park Lane Background: The Public Works and Utilities Departments have enclosed progress comments regarding the submittals received to date and remain general as the submittals are not complete and construction drawings for the public improvements have not been submitted. It is important to note that these Departments reserve the right to make additional comments and revise comments as more detail is provided in the subsequent submittals and development plans. Engineering: Here are PW comments on the Park Lane Building, proposed Amended Plat for Lots 9,10,11,12, etc. Block 1 Town of Estes Park. 1) The provided drawing need to show the utility services to Heirloom Jewels building. This will help us to more efficiently review the Amended Plat for accuracy and any possible utility easement concerns. 2) Show water meters on all properties. (for same reason as #1) 3) Show sewer services to all properties. 4) Show electric meters to all properties. " 5) Identify "public" Rights of Way. 6) Clearly identify ownership of the landscape/concrete property on the SW corner of subject property. 7) Lot 9A may need a landscape, utility, public access easement at the SW corner. 8) Provide a public access easement along the south face of Lot 8A, and SE corner of Lot 9A. 9) 0HU at walking bridge area needs to be 'within' the easement. Part of it is outside. 10) The full length of Virginia Drive sidewalk needs a public access easement. 11) Show water main all along the Park Lane side. 12) There is an unidentified faint-dashed line along the south sidewalk of Lot 9A, part of which has a bearing and distance. 13) Show existing or'to be abandon' OW line and meter locations, and explain more clearly what's going on with them. 14) Provide an electric or utility easement along south side for the existing street lights. â€¢ Page 1 15) Add dates of old dedicat' s (book 778 - etc). Light & Power and Water: Below are the comments from Estes Park Utilities, Water and Light & Power: 1) Add 15' Easement for Overhead Electric Service to 201 Park LN f 1 I ....> -1, I t... M. i j ag.,6/ *28'1 ~90Â¥19 . 1 $ 0. 4-11 . 4. . 3\ K 9% , '.-i . I $ t. . .. VS b W i 1 3 7 4 â€¢A . 4 V I . 0 ..1 . .... â‚¬~'ee 2) Primary Electric along Virginia Drive requires 15' Easement / 3) Add 15' easement For Overhead Electric line in alley 4) Add Underground Electric service 5) Change electric box to Telco Box 6) Add to legend, Easement line & Underground Utilities 7) Add Electric Cabinet at base of pole on Virginia Drive 8) Clarify which overhead lines will stay and the one line being removed \ Faa>.â€ž1,4,4 . \/ ///9/- 1 b,Â·a,nt Overhead Communication ~ Doe.04*OWES! need an Emement, 4 44 1 1 F -...1 .U .\ I V. 40. BÂ·ictint....4 /. l",1.. f.'.m'. * ~ri~ 7 .â€¢ 7.,0 , Fit iv /: I.F. 16 <4 '4Â·1#f,torâ€žr= 4 Â·''I , '. .#* 31%2. 6 . Ad =- --&/mInt Add ee<"k 0.1â„¢ 9) Add 15' Easements for Underground Electric Utility and repair, maintenance and replacement of street lights along Park Lane 10) Add note, "Water line abandoned." To the abandoned line. F- Page 2 f . c DEÂ©-[20Â¥E-~t . STATEMENT OF INTENT P~ JUL 2 2 2009 i LOTS 9,10,11,12, AND A PORTION OF LOT 8, BLOCK 1, p SECOND AMENDED PLAT TOWN OF ESTES PARK J U . LOCATED IN THE NORTHEAST QUARTER OF Sec. 25-~43 TOWN OF ESTES PARK Owner Thomas E. Widawski is planning to restore the existing building located on the above listed properties. Currently there are five lots which contain two buildings. The property lines of said five lots pass through the existing buildings on the lots. This amended plat seeks to alter the boundary of the five lots to create two lots each including a building. Alllots are zoned CD-Commercial Downtown and no re-zoning is proposed. The proposed lot 9A is the larger lot containing the building with planned renovations and the proposed lot 8A is the smaller lot containing a smaller building that is being leased for commercial use. New property corners will for the most part fall at existing corners so as not to create more, potentially confusing monumentation with the exception of two corners located in the northwest of the proposed lot 8A. There is a request for a waiver to the standard 10-foot perimeter utility easement due to the layout of the existing buildings and lot configuration. No further development is proposed at this point. There are no hazard areas identified by the Estes Valley Development Code that impact this lot configuration. Utilities serving the existing buildings are all public and located as shown on the preliminary plat. The proposed sewer system for the building located at 205 Park Lane will be a six inch service line located at the same location as the existing four inch clay service line. Mr. Widawski is currently working with Estes Park Sanitation District to tug the proposed six inch line through the existing 4 inch clay line. The sewer for the building located at 203 Park Lane will not be upgraded as there are no plans of renovating that existing building. The current sewer for the 203 Park Lane building will tie into the proposed six inch line in the same location as the current existing four inch line. A new water line is proposed for the 205 Park Lane building to connect to the existing water line located in Park Lane. The existing water line comes into the 203 Park Lane building and will continue to serve said building. Two separate ten foot private utility easements, as shown on the plat, will be dedicated for the benefit of proposed lot 8A for the electric and sewer service. A three and a half foot access and maintenance easement will be created along the northern boundary of proposed lot 8A for access to the 205 Park Lane building and maintenance ofthe 203 Park Lane building. This easement will also contain a portion o f the southwestern portion o f the proposed lot 9A. No easements are proposed along the new dividing property line, or along any of the outside boundary lines except as shown because of the configuration of the buildings and the proposed layout of the property lines. The subject lots are mapped as low to lowest wildfire classification according to the Estes Valley Development Code Wildfire Hazard Mapping. There is a portion of lots 11, 12, and 13 that have been dedicated to the Town of Estes Park and can be found at book 778 page 398. There is a portion of the right-of-way of Virginia Drive that was vacated by the Town of Estes Park shown in the northwestern corner of the subject property on the plat. Said vacation can be found at book 778 page 303. 11) Insure construction per, .... specifies each service requires a dedicated meter. Verify existing OW line is isolated from abandoned line. 414 15 Emment;for Undeeound ./0/0 64 St,00,Â¥j*erM* 04 CtfiC Ut*% 20(| repair, 6. maintenince andraplactmert of .0*1Â£ < Indviatermat*n,4 street lights / /4 0 . 1 1" \ 11 [1 RA?<~0 . < Ifi *andened' 0 , ~1 <f:i'- ,> . ~ F' During constrUction *.. r Confirm this OW ends St'NE s -'4â€¢. L,mat6*&*in,L#Ng/l.....2:ZZ"211. / .. 1 0 0 A. 0 ---7 t J 7 10 . /0 . rd~ ~,4"0*~p'. . '4,1-L rm,----.... ..-r 12) Show future underground service from overhead drop to lot 8A I a . I; Af 1 \ ...m* I. I. 9 . . f â€¢\1 \ \ '.:.: j c ,#/2 â€ž 0 .1 *cr. ;1 j.,0. =4.= / 1 1.,4Â¢004! ..~ * f 4, C .... + 0. I , 22 Â· ,-f'64 , I ... .. 1,1.7... , ; I. ?\ h ..i-I .* 4 4 r t: . -, 5 -4 k. 1 .7. -2 1 ,â‚¬*42*liN,$. â€¢â€¢ 1 .1 1 ..... 1-*/12**u 13) Cross Connection Requirements: a. All service lines are required to have an approved backflow prevention device installed for containment purposes. The device type will be dependant upon the hazard associated with the service (high hazard or low hazard). The device will be tested by a Certified Cross-Connection Technician upon installation and annually thereafter. b. All irrigation systems are required to have an approved bad<flow prevention device installed for isolation purposes. The device will be tested by a Certified Cross-Connection Technician upon installation and annually thereafter. c. Contact the Cross-Connection Control Specialist at 970-577-3625 with any questions regarding the backflow requirements for this property. Page 3 ESTES VALLEY r- D ECE#v[E~1 DEVELOPMENT REVIEW APPLICATIO F-7 22 2009==IO 1 JUL 2 2 2009 lilli ~ Submittal Date: July l---Ly r Development Plan r Boundary Line Adjustment Condominium Map r Special Review E ROW or Easement Vacation r Preliminary Map r Rezoning Petition r Street Name Change r Final Map E Preliminary Subdivision Plat r Time Extension 1- Supplemental Map r Final Subdivision Plat 1- Other: Please specify r Minor Subdivision Plat R- Amended Plat , General Information , Project Name Widawski Project Description Amended Plat Project Address 205 Park Lane Legal Description See Attached Parcel ID # 35251-14-009 Section D , 16 Township 5N Range 73W -"011.1,-- Total Development Area (e.g., lot size) in acres 0.326 acres Existing Land Use Commercial Proposed Land Use Commercial c Existing Water Service 04-own F Well F- None E Other (specify) Proposed Water Service 1#lown F Well F None E Other (specify) Existing Sanitary Sewer Service Pl EPSD r UTSD E Septic F None Proposed Sanitary Sewer Service rk.EPSD r UTSD 13 Septic Is a sewer lift station required? 17 Yes pr-No Existing Gas Service A.* Xcel E Other F- None Existing Zoning CD Proposed Zoning CD Site Access (if not on public street) Are there wetlands on the site? E Yes 140 Site staking must be completed at the time application is submitted. Complete? /~A 17 Yes F No Primary Contact Information Name of Primary Contact Person David Bangs Complete Mailing Address 1043 Fish Creek Road Estes Park, CO 80517 Attachments 0<- Application fee < Statement of intent Pt 3 copies (folded) of plat or plan 0â‚¬ 11" X 17"reduced copy of plat or plan < Names & mailing addresses of neighboring property owners (see attached handout) Please review the Estes Valley Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park- P.O. Box 1200 4 170 MacGregor Avenue 4 Estes Park, CO 80517 C El . Primary Contact Person is 17 Owner III Applicant h- Consultant/Engineer Record Owner(s) Thomas E & Teresamarie B Widawski Mailing Address P.O. Box 128 Lafayette, CO 80026 Phone (303)-665-6500 Cell Phone (303)-652-1800 Fax (303)-665-8650 Email Thorn@veruscommercial.corn Applicant Thorn Widawski Mailing Address P.O. Box 128 Lafayette, CO 80026 ' Phone (303)-665-6500 Cell Phone (303)-652-1800 Fax (303)-665-8650 Email Thom@veruscommercial.corn Consultant/Engineer Van Horn Engineering and Surveying Inc. Mailing Address 1043 Fish Creek Road Estes Park, CO 80517 Phone (970)-586-9388 Cell Phone N/A Fax (970)-586-8101 Email davidvhe@airbits.corn ~~ APPLICATION FEES For development within the Estes Valley Planning Area, both inside and outside Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estesnet.com/ComDev/Schedules&Fees/PlanningApplicationFeeSchedule.pdf. All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION On July 1, 2001, House Bill 01-1088 became effective. This legislation requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to give notice of their application to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development. I hereby certify that the provisions of House Bill 01-1088 Section 24-65.5-103 CRS have been met. Names: Record Owner PLEASE PRINT: -FRowÂ» 2-. UJLOAwSIR// Applicant PLEASE PRINT.Â· -77.Joly'l~~ 1 . W \ OA G-'5 W. ~ Signatures: Record Owner Date 7 -6 -07 Applicant /1 l/'Rn-\ --h Date 7-20Â· 01 /1 - - ( APPLICANT CERTIFICATION I I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. $ In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Valley Development Code (EVDC). â€¢ I acknowledge that I have obtained or have access to the EVDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. (The Estes Valley Development Code is available online at www.estesnet.com/ComDeWDevCode.) I I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EVDC. â€¢ I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. â€¢ I understand that a resubmittal fee will be charged if my application is incomplete. I The Community Development Department will notify the applicant in writjng of the date on which the application is determined to be complete. â€¢ I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Valley Development Review Application Schedule and that failure to meet I the deadlines shown on said schedule shall result in my application or the approval of my application becoming NULL and VOID. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Record Owner PLEASE PR/NT -lktom,6 9 . 1 4*4wl Applicant PLEASE PRINT: --77409Â¥,96 2 . 0,210Â¢v, 94 0 Signatures: Record Owner Date 7 -20 -05 Applicant Date 7 - 30 -4 Revised 06/26/07 LEGAL DESCRIPTION LOTS 9, 10, 11, AND 12, BLOCK 1, SECOND AMENDED PLAT OF TOWN OF ESTES PARK, COLORADO, ALSO THAT PORTION OF LOT 8 IN SAID BLOCK DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT, NORTH 47Â°30' EAST 164.4 FEET FROM THE SOUTHWEST CORNER OF SAID BLOCK 1, THENCE NORTH 17Â°30' WEST 160 FEET TO A POINT ON NORTHERLY LINE OF SAID LOT 8, THENCE SOUTH 47Â°30' WEST ALONG NORTHERLY LINE OF SAID LOT 26.4 FEET TO THE NORTHWEST CORNER OF SAID LOT, THENCE SOUTH 17Â°30' EAST ALONG THE WESTERLY LINE OF SAID LOT, 160 FEET TO THE SOUTHWEST CORNER OF SAID LOT 8, THENCE NORTH 47Â°30' EAST ALONG SOUTHERLY LINE OF SAID LOT, 26.4 FEET TO POINT OF BEGINNING, ALSO INCLUDING ADJACENT PORTION OF VIRGINIA DRIVE VACATED BY RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 778 AT PAGE 303 OF THE LARIMER COUNTY RECORDS; EXCEPT A PORTION OF LOTS 9, 10, AND 11, OF BLOCK 1, TOWN OF ESTES PARK, MORE PARTICULARLY DESCRIBEDAS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF BLOCK 1 THAT IS SOUTH 47Â°30' WEST A DISTANCE OF 51.83 FEET FROM THE SOUTHEAST CORNER OF LOT 8; THENCE NORTH 41Â°54'30" WEST A DISTANCE OF 41.0 FEET; THENCE SOUTH 48Â°05'30" WEST A DISTANCE OF 34.34 FEET; THENCE SOUTH 14Â°54'05" EAST A DISTANCE OF 23.45 FEET; THENCE SOUTH 41Â°54'30" EAST A DISTANCE OF 20.57 FEET; THENCE NORTH 47Â°30' EAST A DISTANCE OF 45.0 FEET TO THE POINT OF BEGINNING, AND EXCEPT A PORTION OF SAID PROPERTY CONVEYED TO THE TOWN OF ESTES PARK BY DEED RECORDED IN BOOK 778 AT PAGE 398 OF THE LARIMER COUNTY RECORDS OR WHICH LIES WITHIN THE BOUNDARY LINES OF VIRGINIA DRIVE, COUNTY OF LARIMER, STATE OF COLORADO. 1@ECEDÂ¥81% ~1~ JUL 2 2 2009 : r C\1 0 0 S 800 000000000 N 0000 00000000 488 t# 0 -d GE#%%% % 03% 233 %3 m OmmLLILLILLILDBLLILLI 6- R .5 b AM E E 0,0000 'REGo 1- 00 00 0. v 5 2 0 m N & 82*C Â® % 3& ~D ~ ~ ~ i ~ 2 N = r.0 2 !9 N W 2 g# S O 2 0.62 (0 M o = m .c o m~-come im<01.-SI- Breckenridge ~5~2 Pound~ACanyon Hwy 80304-3650 1 Inn, LLC PO Box 3222 80517 & Mei-Chi Lee PO Box 1973 80517 PO Box 5 ark, CO 80517 Park, 80517 O~An stes Park, 80517 Estes Park, 80517 stes Park PO Box 1200 Estes Park, 80517 125 Bo Park, 80517 1495 Prosect Mountain Dr Estes Park, 8 51 Sandra Paul 215 Virginia Dr Estes Park, 8 51 Widawski Ar ed Plat Mountain Avenue Owner 11 Address OdÂ¥ leld pepuelliÂ¥ OSNEPMA Suzan Foy Karen Thompson From: fallrivercabins@aol.com Sent: Sunday, September 13, 2009 7:56 AM To: JBHULL@aol.com; dougklink@gmail.com; Alison Chilcott; steve_lane@basisarchitecture.com; info@fallrivercabins.com; afraundorf@yahoo.com; Richard Homeier; poggenpohl@mac.com; ronaldfnorris@gmail.com CC: Karen Thompson; Bob Joseph; Dave Shirk Subject: Re: Conference in Estes Park - October 7 - 10th Doug, I agree with Betty. It's okay to try and get this problem statement process started on the right foot but if the public thinks it is on the agenda then we should listen to them. By the way i am out of town this week so i will not be at the meeting.. Thanks John Karen Thompson From: JBHULL@aol.com Sent: Sunday, September 13, 2009 7:44 AM To: dougklink@gmail.com; Alison Chilcott; steve_lane@ basisarchitecture.com; info@fallrivercabins.com; afraundorf@yahoo.com; Richard Homeier; poggenpohl@mac.com; ronaldfnorris@gmail.com CC: Karen Thompson; Bob Joseph; Dave Shirk Subject: Re: Conference in Estes Park - October 7 - 10th Hi Doug, I agree with your comments, except that I'm hesitant to, and can't support, cancelling any public comment concerning vacation homes at our meeting on Tuesday since the item has already been published. I think, overall, the public is pretty confused as to where this issue has gone and is going over the last long months and months, and if we publicly refuse to hear them Tuesday, we're only adding to the perception that decisions that affect them is happening behind closed doors-- and, as we all know, perception is often reality. See you all Tuesday, Betty In a message dated 9/12/2009 1:45:06 P.M. Mountain Standard Time, dougklink@gmail.com writes: Everyone, After reading my notebook, I am concerned that we are going down the same road we have before regarding vacation homes. We have bypassed the front end of the problem statement process we agreed upon, losing the opportunity to focus on the big picture issues and sort them out before trying to decipher the specific code change language that implements them. For that reason, I am planning to move to cancel the public comment session during our -.1.--1..IAA .....4.- 1 A.......4 +6:-1,,+ ..â€ž..,lA -- 1,r. a-r."', +A ar.Anrt +Irn" A'.-1 meir,r, *ha er-,anifi,~e Af +Aa .r,Aa Karen Thompson From: Ronald Norris [ronaldfnorris @gmail.com] Sent: Saturday, September 12, 2009 3:03 PM To: Douglas Klink CC: Alison Chilcott; jbhull@aol.com; steve_lane@basisarchitecture.com; info@fallrivercabins.com; afraundorf@yahoo.com; Richard Homeier; poggenpohl@mac.com; Karen Thompson; Bob Joseph; Dave Shirk Subject: Re: Conference in Estes Park - October 7 - 10th I agree that postponing public comment on vacation homes will be consistent with the work process we agreed on with the Town Board. By getting alignment on the problem statement among members of the Town Board and the Planning Commission, we will produce a better product. Glad to hear Bob has a good example on kitchens for us to examine. Look forward to seeing that as well as the current draft of the vacation home problem statement. See you all next week. Ron Karen Thompson From: Douglas Klink [dougklink@gmail.com] Sent: Saturday, September 12, 2009 2:45 PM To: Alison Chilcott; jbhull @ aol.com; steve_lane @ basisarchitecture.com; info@fallrivercabins.com; afraundorf@yahoo.com; Richard Homeier; poggenpohl@mac.com; Ronald Norris CC: Karen Thompson; Bob Joseph; Dave Shirk Subject: Re: Conference in Estes Park - October 7 - 10th Everyone, After reading my notebook, I am concerned that we are going down the same road we have before regarding vacation homes. We have bypassed the front end of the problem statement process we agreed upon, losing the opportunity to focus on the big picture issues and sort them out before trying to decipher the specific code change language that implements them. For that reason, I am planning to move to cancel the public comment session during our scheduled meeting. I do not think it would make sense to spend time discussing the specifics of the code language as proposed without the big picture discussion to frame them. I would love to discuss the big picture issues at our study session and again, if considered beneficial by Commissioners, during the meeting. I believe Bob has a problem statement that he drafted from comments from the TB that we should be able to discuss. On a seperate note, Bob found a great bit of code from a Town in Utah which allows second kitchens, but within a framework that still allows some enforcement if it is used to create an ADU. I was hoping that would be in our notebooks, but hopefully Bob will have it for us to discuss at the study session. If we could get it by email to study in advance, that would be even better. Thanks, Doua Work Process for EVDC Changes Template for Problem Statement, Rev. 4: 7/14/09 (Words in parentheses describe what to include under each heading) To: Planning Commission and Board of Trustees CC: Jacquie Halburnt From: Bob Joseph Issue: (Describe the issue being addressed and why/reasons change is needed.) Vacation home regulations: Need to clarify distinctions between BnB and Vacation Home Purpose: (State problem to be solved in 2-3 sentences.) The present regulations are found in the Municipal Code, but they need to be applied valley wide phe municipal code regulation treats vacatiofi rentals as a ~incipal use, but thEEVDC says the~ are an accessory use. The Town Board asks the Planning Commissiontop[?Rare-a-codd Sevision to consistently treatvacation homes as (pleasecheck one)! kÂ®ncipal 1 1 kn acc@dsory,use 1 The distinctions between BnB's and vacation homes are unclear. Enforceability of the regulations needs to be enhanced. Scope: (Explain: 1. What is and is not to be considered. 2. Any other constraints or boundaries within which the work is to be kept. 3. Desired timing. 4. Suggested priority for this change.) 1. What is and is not to be considered: Fine tuning current regulatory stance. Outright prohibition of vacation homes and BnB's is not open for consideration. 2. Any other constraints or boundaries within which the work is to be kept: Must be workable in both the Town and County. 3. Desired timing: Adopt by the end of 2009. 4. Suggested priority for this change: Med Desired Outcomes: (Describe the benefits to be gained by solving this problem.) Enhance the clarity and predictability of the regulatory framework for owners of vacation home properties and their neighbors. Produce a regulation that can be adopted directly into the Development Code. Developed Bv: Bob Joseph in coordination with the Trustees. ~ Amendments to the 1~5"~ Estes Valley Development Code Vacation Homes & B&Ts Estes Park Community Development Department ~Ii=-M Town Hall, 170 MacGregor Avenue ~~""""'~ PO Box 1200 Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estesnet.com PLANNING COMMISSION MEETING DATE: September 15,2009 TITLE: Amendments to the Estes Valley Development Code, Portion of Block Twelve REQUEST: To make a number of changes and corrections to the adopted Estes Valley Development Code relating to short-term rentals, such as bed and breakfast inns and vacation homes. LOCATION: Estes Valley, inclusive of the Town of Estes Park. APPLICANT: Estes Valley Planning Commission STAFF CONTACT: Bob Joseph and Alison Chilcott APPLICABLE LAND USE CODE: Estes Valley Development Code PROJECT DESCRIPTION/BACKGROUND: Staff has prepared Code revisions to address concerns expressed by residents about the impacts of short-term rentals, such as vacation homes and bed and breakfast inns, in residential neighborhoods. If approved, corresponding revisions will need to be made to the Municipal Code. These proposed Municipal Code revisions have been included for informational purposes and do not require action on the part of the Estes Valley Planning Commission. Revisions to vacation home regulations, including revisions to the definition of accommodation use, guest room, guest quarter, household living, and nightly rental in EVDC Chapter 13, and revisions to distinguish between B&Bs and vacation home uses and the districts in which these uses are permitted. ORGANIZATION: 1. Text to be replaced delineated with strikethrough (abc dc fghi jk Imn op qrstuv w 2. New text delineated with underline (abc de fahi ik Imn op arstuv w xvz). 3. Revisions have been organized sequentially by chapter and section. k. NeifeYisionsare_4ighlighted-in-yellow] Revision Date: September 10, 2009 1 ITEM 1: SHORT-TERM RENTALS: BED AND BREAKFAST INNS AND VACATION HOMES Section 4.3 Residential Zoning Districts B. Table 4-1: Permitted Uses: Residential Zoning Districts. . 1% ArviF, Additional Regulations . 3, .411.Ar ... 4, '.14-Lip Use Classification Specific Use . "S" = Permitted by Special Review (Apply in All Districts Unless "-" = Prohibited Otherwise Stated) RE-1 RE E-1 E R R-1 R.2 RM ACCOMMODATION USES Bed and Breakfast & -- - i - - P Â§5.1.B Low-Intensity Inn p Accommodations Vacation Home 2222Â£222 Â§5.1.8 Section 4.4 Nonresidential Zoning Districts B. Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Nonresidential Zoning Districts "F' = Permitted by Right "S" = Permitted by Special Review Use Additional Regulations (Apply "-" = Prohibited Classific in All Districts Unless Otherwise ation Specific use A A-1 CD CO O CH I-1 Stated) ACCOMMODATION USES Â§5.1.B. In CD, such use shall not Bed and be located on the ground floor of a breakfast Pppp-- building fronting on Elkhorn inns Avenue In CD, such use shall not be located on the ground floor of a Hotel, Small - e P P - - - building fronting on Elkhorn Avenue Low- Â§5.1.B Intensity Accomrnoda In CD, such use shall not be tions located on the ground floor of a building fronting on Elkhorn Nigh* Avenue Rea&&16 - P P - - - - â€¢Short term and long term nightly Vacation rentals allowed as a principal use Home in a residential dwelling unit â€¢See also Table 5 2 which allows nightly rentals as an accessory use to a dwelling unit in the A 1 and â‚¬D-zening-distrieg Revision Date: September 10, 2009 2 Resort lodge/cabins ---- - Â§5.1.P , low- intensity Section 5.1 Specific Use Standards B. Bed and Breakfast Inn and Vacation Home. All bed and breakfast inn uses shall be subject to the following standards: 1. Structures shall not be altered in a way that changes their general residential appeafaneer 2. If four (1) or more off street parking spaces are provided pursuant to Â§7.11, visual screening from adjacent residential uses shall be required. 3. Other than registered guests, no meals shall be served to the general public. No cooking or kitchen facilities shall be allowed in the guest rooms. 1. All bed and breakfast inns and vacation homes shall be subject to the following (see Â§5.1.B.2 and Â§5.1.B.3 for additional regulations): a. Annual Operating Permit. (1) All bed and breakfast inns and vacation homes shall obtain an operating permit on an annual basis. If the property is located within Town limits, the business license shall be considered the permit. If the property is within the unincorporated Estes Valley, a permit shall be obtained from the Town of Estes Park tommunity Development Department Towd tlerk' s Office.I (2) The permit shall designate a local resident or property manager of the Estes Valley who can be contacted and is available twenty-four (24) hours per day, with regard to any violation of the provisions of this Section. The person set forth on the application shall be the agent of the owner for all purposes with regard to the operation of the bed and breakfast inn or vacation home. ,23) State-Salii -Tix-Ilfense.- A condition of issuance of the annual operating' ~'permit shall be proof of a current sales tax license! b. State Sales Tax License. All-bdd-and breakfast inns and vac-ation homes shall' bbtan_a state sales tax license.' c. Estes Park Municipal Code. Properties located within the Town of Estes Park shall comply with all the conditions and requirements set forth in the Town of Estes Park Municipal Code, Chapter 5.20. Revision Date: September 10, 2009 3 d. Residential Character. Bed and breakfast inns and vacation homes shall not be designed or operated in a manner that is out of character with residential use of a dwelling unit by one household. This includes, but is not limited to, the following: (1) Except in the CD district, design shall be compatible, in terms of building scale, mass, and character, with low-intensity. low-scale residential use. (2) Guest rooms shall be integrated within the bed and breakfast inn or vacation home. (3) Kitchen facilities shall be limited to be consistent with single-family residential use. No kitchen facilities or cooking shall be allowed in the guest rooms. (4) Accessory buildings shall not be used for amenities beyond a gazebo or similar outdoor room. (5) No changes in the exterior appearance shall be allowed to accommodate each bed and breakfast inn or vacation home, except that one (1) wall-mounted identification sign no larger than four (4) square feet in area shall be permitted. (6) Vehicular traffic and noise levels shall not be out of character with residential use. e. Parking. (1) Minimum Required Parking. Except in the CD Downtown Commercial zoning district, the number of parking spaces available to a dwelling unit housing a bed and breakfast inn or a vacation home shall not be reduced to less than two (2). (2) Maximum Allowed Parking. No more than three (3) vehicles shall be parked outside at any one (1) time. Vehicles enclosed within a garage do not count towards this maximum. On-street parking shall be prohibited. Refer to Â§5.2.B.2.f, which may further limit the number of vehicles permitted on site. f. Employee Housing Units. Emplovee housing units shall not be rented, leased or furnished for tenancies of less than thirty (30) days. (See Â§5.2:C.2.a). g. Attainable Housing Units. Attainable housing units shall not be rented, leased or furnished for tenancies df less than thirty (30) days. (See Â§11.4.E). Revision Date: September 10, 2009 4 h. Accessory Dwelling Units. Bed and breakfast inns and vacation homes shall not be permitted on residential lots containing an accessorv dwelling. (See also Â§5.2.B.2.a which prohibits rental of accessory dwelling units regardless of the length oftenancy). i. CD District. In the CD Downtown Commercial zoning district, such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue. j. Density. Only one vacation home or bed and breakfast inn shall be permitted per residential dwelling unit. 2. All bed and breakfust inns shall also be subiect to the following: a. Occupancy. (1) Maximum Occupancy. No more than eight (8) guests shall occupy a bed and breakfast inn at any one time. This maximum allowable occupancy shall be further limited bv a maximum of two (2) guests per bedroom plus two guests. This is not intended to establish maximum occupancy limits for individual rooms within a bed and breakfast inn. For' example. three individuals could be accommodated in one bedroom and one individual in another (2) Number of Parties. Bed and Breakfast Inns. Bed and breakfast inns mav be rented, leased or furnished to one (1) or more parties. b. Home Occupations. Home occupations may be operated on the site of a bed and breakfast inn. Bed and breakfast inns may also offer limited ancillarv services to guests, such as performing small weddings or offering classes/workshops to guests, provided they are in character with residential use. L_ Housekeeping Services. Bed and breakfast inns shall be penritied to-providd haily housekeeping services to guests.I d. Meal Service. Bed and breakfast inns maY provide meals service to registered guests; however, meals shall not be provided to the general public. 3. All vacation homes shall also be subiect to the following: a. Occupancy. (1) Maximum Occupancy. No more than eight (8) individuals shall occupy a vacation home at any one time. This maximum allowable occupancy shall be further limited bv a maximum of two (2) individuals per bedroom plus two individuals. This is not intended to establish maximum occupancy Revision Date: September 10, 2009 5 limits for individual rooms within a vacation home. For example. three individuals could be accommodated in one bedroom and one individual in another. (2) Number of Parties. Vacation homes shall be rented. leased or furnished to no more than one (1) party. One (1) party shall consist of related and/or non-related individuals occupying the vacation home as a group, for example, a family or group of friends vacationing together or a group of business associates. Owners of the vacation home shall not be permitted to occupy the vacation home while a party is present. b. Home Occupations. Home occupations shall not be operated on the site of a vacation home, nor shall vacation homes offer ancillary services to guests. (See Â§5.2.B.2.d). 6. Housekeeping Services. Vacation homes shadI be permitted to pror-ide housind services only at the beginning and end of a partY's staY) 11. Meal Kervice. Vacation homes shall not provide meal service to registered' -1guests or the general public.' Section 5.2.B.1 Accessorv Uses/Structures Permitted in the Residential Zoning Districts. Table 5-1: Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District '6 Yes" = Permitted "No" = Not Permitted Additional Accessory Use RE-1 RE E-1 E R R-1 R-2 RM Requirements NighUyÂ·-Remak REERREEMBR Â§5.2.B.2.g Vacation Homd Wili Section 5.2.B.2 Additional Requirements for Specific Accessorv Uses/Structures Permitted in the Residential Zoning Districts d. Home Occupations. (4) Operational: (k) Home occupations shall be prohibited on the site of a vacation home and/or accessory dwelling unit. (See Â§5.1.B and Â§5.2.B.2.a). e. Rentals. (1) Long term rentals (lease terms of thirty [30] days or more) of a principal or accessory residential dwelling unit shall be permitted as an accessory use in all residential zoning districts. Revision Date: September 10, 2009 6 (2) Short term nightly rentals (lease terms of less than thirty [30] days) of a principal residential dwelling unit shall be permitted as an accessory use in all residential zoning districts, provided that the following conditions are met. All permitted short term rentals of dwelling units shall be required to: (a) Comply with all the conditions and requirements as set forth in the Town of Estes Park Municipal Code, Chapters 5.20 and 5.35, and (b) Obtain a business license if within Town limits f. Storage or Parking of Vehicles, Recreational Equipment and Recreational Vehicles. (7)Bed and Breakfast Inns and Vacation Homes. See Â§5.1.B which further limits vehicle storage and parking for dwelling units that are permitted as a bed and breakfast inn or vacation home. Revision Date: September 10, 2009 7 Section 5.2.C.1 Accessorv Uses/Structures Permitted in the Nonresidential Zoning Districts. Table 5-2: Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District "Yes" = Permitted "No" = Not Permitted Additional Accessory Use A A-1 CD CO O CH I-1 Requirements Nighdy-Remak No Yes Yes No No No No Â§5.1.B Vacation Home In CD. such use shall not be located on the ground floor of a building fronting on Elkhorn Avenue â€¢As accessory to a pFi,leipal-Fe*idemial-wfie enth 4*sheFHeffnmightly rental of a dwelling unit as an accessorY use in the A 1 and CD districts shall Betbefubjeet*4he requirements of Â§5.2.B.2.g abever alse-Table 4 4 v.,hieh peemÂ®niglgly rentals as a principal use etaÂ·4wellingÂ·4*niUR--the A 1 and CD zoning di*Fiets- Section 5.2.D General Dimensional and Operational Requirements. 4. Maximum Building or Structure Size for Nonresidential Uses. Except as otherwise expressly limited or allowed in this Section, and except for structures containing Â·accessory nightly rentals and for accessory recreational facilities including swimming pools, freestanding accessory buildings and structures shall not be larger than one thousand (1,000) square feet of gross floor area. (Ord. 15-03 #1) Section 5.2.C.2a Emplovee Housing (4)Restrictive Covenant Required. (a) Employee housing units provided pursuant to this Section shall be deed restricted for a period of time no less than twenty (20) years to assure the availability of the unit for long-term occupancy only by employees of the principal business use. Such restriction shall include a prohibition of short-term rentals (less than thirty [30] days); see Â§5.1.B and/or rentals to the general public of the unit(s) except as otherwise allowed by this Section. Revision Date: September 10, 2009 8 Section 7.11.D. Minimum Off-Street Parking Requirements The following Off-Street Parking Schedule establishes the minimum number of off-street parking spaces to be provided for the use categories described in this Code. Minimum Number of Off-Street Parking Spaces Off-Street (See Â§7.11.C above for Loading Group Use Classification Specific Use measurement rules) (See Â§7.11.N) ACCOMMODATION USES Bed and breakfast inns 1 per guest room + 2 spaces for n/a permanent residence Low-Intensity Hotel, Small 1 per guest room + 1 space per 3 rga Accommodations employees Resort lodge/cabins, low- 2 per cabin or guest room + 1 space rda intensity per 3 employees Section 11.4 Attainable Housing Densitv Bonus, E. Development and Design Standards. 4. Short-Term Rentals Prohibited. Attainable housing units shall not be leased--0Heated rented, leased or furnished for tenancies of less than thirty (30) days (see Â§5.1.B). Section 13.2.C Use Classification/Specific Use Definitions and Examples. 1. Accommodations, Low-Intensity. a. General Definition: Visitor-serving facilities that provide temporary lodging for compensation, and with an average length of stay of less than thirty (30) days (except for permitted long term nightly rentals see 2.b(3) below). Except in tfi3 UD district, sSucE| facility shall be designed to be compatible, in terms of building scale, mass and character, with a predominantly low-intensity and low- scale residential and/or rural setting. b. Examples: This classification includes the following types of specific uses: (1) Bed and Breakfast Inn: A detached single-family residential dwelling unit that is rented, leased, or occupied as a single accommodations unit for accommodations purposes for terms of less than thirty (30) days and is operator-occupied on a full-time basis. An establishment operated in an owner occupied, single family detached dwelling unit, or portion thereof (excluding accessory buildings), that provides lodging, with or without the service of a morning meal only, and where the operator lives on the premises. No more than eight (8) guests may be accommodated at any one (1) time. Accessory buildings shall not be used for guest quarters or amenities beyond a gazebo or similar outdoor feem: Revision Date: September 10, 2009 9 (2) Hotel, Small: An establishment containing no more than eight (8) guest rooms that provides temporary lodging with eating and drinking service and a dining room where meals are served. (3) Nightly-Rentalse Nightly Rentals: In the A 1 or CD zoning districts, a single family, duplex or multi family dwelling unit that is leased for compensation, to provide temporary lodging for visitors and guests. The term of lease in this permitted principal nightly rental use may be either short term (less than thirty [30] days) or long term (thirty [30] days or more). See Â§5.2.B for nightly rentals allowed as an accessory use in the residential zoning districts. (4) Resort Lodges/Cabins, Low-Intensity: A tract of land under single ownership and management with no more than a total of twenty (20) guest rooms or guest units available for temporary rental. The guest rooms may be contained in a main "lodge" building and/or contained in detached, freestanding "cabin" structures (the latter freestanding structures shall not include recreational vehicles or mobile homes). A single structure shall contain no more than four (4) guest rooms or units. Guest rooms/units in a resort lodge/cabin use may contain full kitchen facilities in lieu of "limited kitchen facilities," but only if such guest rooms comply with all conditions set forth in Â§5.1.P of this Code. (5) Vacation Home. A residential dwelling unit that is rented, leased, or occupied hs a _ single accommoditions unif Yor accommodations myposed for compensation for terms of less than thirty (30) days. Section 13.3 Definitions of Words, Terms and Phrases 6. Accommodations Use shall mean a commercial, visitor serving facility that provides temporary lodging in guest rooms or guest units, for compensation, and with an average length of visitor stay of less than thirty (30) days. Examples of accommodations uses include motels, hotels, bed and breakfast inns, resort lodges and hostels. A.-p~ineipd "nightly rental" use of a d -, elling unit in the A 1 or CD zoning districts, as more specifically described in Â§13.2.C.2 of this Chapter, is an accommodations use. On the other hand, an accessory short term "nightly rental" use of a dwelling unit in a residential zoning district, as allowed by Â§5.2.B.2.g of this Code, is not an accommodations use. See also the definition of "guest room or unit" below. shall mean the rental, leasing, or occupancy of any room, mobile home, recreational vehicle, camp site, or other area in a visitor-serving facility that provides temporary lodging, such as any hotel, motel, guest house, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single-family dwelling, duplex, multiple-family dwelling, condominium unit, or anY such similar place, to any person whom, for a consideration, uses, possesses, or has the right to use or possess such room, mobile home site, recreational vehicle site, camp site. or other area for a total continuous duration of less than thirty (30) days. Revision Date: September 10, 2009 10 18. Household Living. a. General Definition: A family unit related by blood, marriage or adoption or eight (8) or fewer unrelated individuals (including resident and nonresident care givers) living together in a single dwelling unit, with common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within the dwelling unit. Household living shall include occupancy by a renter household for terms of thirty (30) days or more. Refer to " the definition of "accommodations use for renter occupancy for terms of less than thirty (30) days. b. Examples: This classification includes households living in single-family houses, duplexes, town homes, other multi-family dwelling structures, 117. Guest Quarters shali mean living quarters with or without kitchen facilities for the use of temporary guests of the occupants of the single famil- dwelling. J 118. Guest Unit or Guest Room shall mean: -. a. K room or suite of rooms in an accommodations use that contains sleeping and Kinitary facilities and that may include limited kitchen facilities. With the exception bf guest units or guest rooms in bed and breakfast inns and vacation homes, gues; Units or guest rooms may include limited kitchen facilities) Instead of the previously recommended_ revision_above,-keep_the_existing_code- sd hlat"a" would.continue.to readj 6. A room or suite of rooms in an accommodations use that contains-sleeping_and lanitary.facilitiesandthatmay. include limited kitchen facilitiesJ b. For purposes of this definition, "limited kitchen facilities" shall mean a kitchen that is not contained in a separate room and that may have a sink and only the following appliances: (a) a refrigerator no larger than three and one-half (314) cubic feet; (b) a stove/oven no wider than twenty (20) inches; and/or (c) a microwave oven. 159. Nightly Rentals, Long Term shall mean the leasing of a principal or accessory dwelling unit for compensation and for a term of thirty (30) days or longer. See Â§13.2.C.2 for the description of a principal nightly rental use, and Â§5.2.B of this Code regarding accessory nightly rental uses in the residential zoning districts. 160. Nightly Rentals, Short Tenn shall mean the leasing of a principal dwelling unit for compensation and for a term of less than thirty (30) days. See Â§13.2.C.2 for the description of a principal nightly rental use, and Â§5.2.B of this Code regarding nightly rentals in residential zoning districts. 199. Rentals, Nightly or Short Term. Sce definition of "Nightly Rentals" above. Revision Date: September 10, 2009 11 Estes Park Municipal Code 5.20.020 Definitions. In this Chapter, the following words and phrases shall have the following meanings: (1) Accommodation means the leasing, renting 'or furnishing of any room, mobile home site, recreational vehicle site, camp site or other area inany hotel, motel, guest house, bed and breakfast, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single family dwelling, duplex, multiple family dwelling, condominium unit, vacation home or any such similar placeito any person who, for a consideration, uses, possesses or has the right to use or possess such dwelling, room, single family dwelling, duplex unit, multiple family unit, condominium unit, vacation home, site or other accommodation_for a total continuous duration of less than thirty (30) dayer - ---Accommodation means the rental, leasing,-or-occupancy of an accommodation.site and/or accommodations unit for a total continuous duration of less than thirty (30) days. 03 Accommodation site means a site consisting of one (1) or more accommodation units, including, but not limited to condominium units, which are located on one (1) individual parcel of real property and under management control for rental purposes of an agent, en**Â·ep-ageneyÂ·: Accommodation site means one (1) individual parcel of real property consisting of one (1) or more accommodations units that are under management control of an agent, entity or agency for rental purposes. (3) Accommodation unit means each individual room, set of rooms, site, single family dwelling, duplex unit, multiple family unit, condominium unit, vacation home or divided area rented, leased or occupied on a unit basis in an accommodation. Accommodations unit means anv room, mobile home, recreational vehicle, camp site, or other area in a visitor-serving facility that provides temporary lodging, such as any hotel, motel, guest house, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single-family dwelling. duplex, multiple-family dwelling, condominium unit. or any such similar place, to any person whom, for a consideration, uses, possesses, or has the right to use or possess such room, mobile home site, recreational vehicle site, camp site, or other area for a total continuous duration of less than thirty (30) days. (10) Vacation home means a residential dwelling unit, as defined in the Estes Valley Development Code, that is located within a residential zoning district and is rented, leased or occupied on a unit basis as an accommodation. Revision Date: September 10, 2009 12 Vacation home means a residential dwelling unit that is rented, leased, or occupied as--a hingle accommodations uni? ~for accommodations pull?ose2 for compensation for terms of less than thirty (30) days. 01) Bed and breakfast Inn means a detached single-family residential dwelling unit that is rented, leased. or occupied for accommodations purposes and is operator-occupied on a full-time basis. 5.20.110 Vacation homes in residential zoning districts and Bed and Breakfast Inns. This Section shall apply to the leasing, renting and occupation of any vacation home existing in the following zoning districts of the Town: RE 1, RE, El,E,R,Rl,R 2 and PM. This Section shall apply to vacation homes and bed and breakfast inns. (1) Purpose. The purpose of this Section is to permit the leasing, renting and occupation of vacation homes in residential zoning districts while maintaining the residential character of those districts. (2) Restrictions on rentals. The leasing, renting or occupation rental, leasing, or occupancY of all vacation homes and bed and breakfast inns subject to this Section shall be restricted as follows: a. Compliance with the applicable regulations found in the Estes ValleY Development Code is required. Vacation homes shall not be operated in a manner that is out of character with residential uses. This includes vehicular traffic and noise levels that are out of character with residential uses. Vacation homes shall be designed to be compatible, in terms of building scale, mass and character, with a predominantly low intensity and low scale residential setting. Guest rooms shall be integrated within the vacation home. Kitchen facilities shall be limited to be consistent with single family residential use. b. A vacation home shall be rented, leased or furnished to no more than one (1) party with a maximum of eight (8) individual guests. The total maximum occupancy of eight (8) individuals shall be further limited by a maximum of two (2) guests per bedroom plus two individuals. In the event the vacation home is managed by a full time on site manager, the vacation home may be rented, leased or furnished to more than one (1) party subject to the limitations of two (2) guests per bedroom plus two (2) individuals with a maximum of eight (8) guests. c. No changes in the exterior appearance to accommodate each vacation home shall be allowed, except that one (1) wall mounted identification sign no larger than four (1) square feet in area shall be permitted. d. Only one (1) vacation home shall be permitted per lot in single family residential 44*iete: Revision Date: September 10, 2009 13 e. No recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley Development Code, tent, temporary shelter, canopy, teepee or yun shall be used by any individual for living or sleeping purposes. f. Each vacation home is permitted a maximum of three (3) guest vehicles on site and parked outside at any one (1) time. On street parking shall be prohibited. g. Vacation homes shall be subject to commercial utility rates for the entire calendar year of the current license, and sales tax collection and remittance. It is the owner's responsibility to notify the Utility Billing Department when the residence is no longer being used as a vacation home after the license expires. h. The application for a business license for any vacation home or bed and breakfast inns shall designate a local resident or property manager of the Estes Valley who can be contacted by the Town with regard to any violation of the provisions of this Section. The person set forth on the application shall be the agent of the owner for all purposes with regard to the issuance of the business license, the operation of the Vacation home- or- bed aifd- breakfalt imh, and -revdcatioh of the busines-s lidense pursuant to the terms and conditions of this Section. i. Any vacation home in operation on or before November 1, 2001, and whose owner obtained a business license from the Town for 2001 shall be entitled to operate the vacation home to the extent of its operation on the effective date of the ordinance codified herein, including but not limited to the number of guest individuals allowed to occupy the vacation home at any one (1) time, the number of guest vehicles allowed to be parked onsite and any permitted signage identifying the operation of the vacation home. In the event the operation of the vacation home grandfathered by this Section is abandoned for a period of one (1) year or the owner does not maintain a business license for the vacation home in any subsequent calendar year, the vacation home shall then be subject to all of the terms and conditions of this Section, including but not limited to the number of guest individuals occupying the premises, the number of vehicles allowed to be parked outside one site and the signage identifying the operation of the vacation home. (3) Violation. It is a violation of this Section for any owner, agent, guest and/or occupant of a vacation home or bed and breakfast inn to be convicted, including a plea of no contest, of a violation of Section 9.08.010 (Disturbing the Peace) of this Code; to fail to collect and remit all required sales tax to the State due and owing for the leasing, rental or occupation of a vacation home or bed and breakfast inn; to violate any provisions of this Section; and/or to fail to acquire and pay for a business license. For the purpose of this Section, only violations of Section 9.08.010 of this Code which occur on the premises of the vacation home or bed and breakfast inn and while a vacation home or bed and breakfast inn is being occupied as a vacation home or bed and breakfast inn shall be a violation of this Section. Revision Date: September 10, 2009 14 (4) Revocation of license. The Town may revoke the business license of any vacation home or bed and breakfast inn for violation of the provisions of this Section as follows: a. The Town Clerk, upon the receipt and verification of any violation of this Section, shall give written notice to the owner or agent that a violation has occurred. b. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section, within two (2) years of the date of the written warning set forth in Subsection a above, the Town Clerk she# may revoke the business license by giving written notice to the owner or agent of the revocation of the license. Said revocation shall be for one (1) year from the date of the notice. c. Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section within two (2) years after reinstatement, the Town Clerk shall revoke the business license by giving written notice to the owner or agent of the revocation of the business license. Said revocation shall be for two (2) years from the date of the notice. Upon revocation of the business license, the owner's right to operate a vacation home or bed and breakfast inn on the property shall terminate. (5) Appeal. Any owner or agent who wishes to contest the written warning or the revocation of a business license shall be entitled to request a hearing before the Town Clerk by written notice delivered in person or by certified mail, return receipt requested, to the Town Clerk within fifteen (15) days of the date of the warning or revocation. The Town Clerk shall hold a hearing on the appeal and determine whether or not a violation of the provisions of this Section has occurred. The owner shall be entitled to present any evidence of compliance with the terms and conditions of this Section at said hearing. The decision of the Town Clerk as to whether or not the violation occurred shall be final and not subject to further appeal. Revision Date: September 10, 2009 15 ARTICLE 6 - REGULATIONS FOR SPECIFIC USES Chapter 9-30 SECOND KITCHEN IN A SINGLE FAMILY DWELLING Sections: 9-30-010 Purpose 9-30-020 Development Standards - Permitted Use Section 9-30-010 Purpose. The purpose of this Chapter is to establish use and development regulations for a second kitchen within a single family residence. These regulations are adopted for the following purposes: (a) To allow City residents to have a second kitchen within a single family dwelling unit for use by the family residing within the dwelling unit for the purpose of entertaining, recreation or convenience, accessory to the first kitchen within the dwelling unit. (b) Approval of a second kitchen within a single family dwelling unit shall not be an approval of a second dwelling unit or accessory dwelling unit without the required approvals for such as prescribed under Chapter 9-31 of this Title. Section 9-30-020 Development Standards - Permitted Use. (a) A second kitchen in a single family residence (dwelling unit) may be allowed in an A5, A2, RA1, RA2, RH, R3, or RSD zone if all of the following requirements are met: (1) The residence shall have only one front entrance. (2) The residence shall have only one address. (3) An interior access shall be maintained to all parts of the residence to assure that an accessory unit or apartment is not created. There shall be no keyed and dead bolt locks or other manner of limiting or restricting access from the second kitchen to the remainder of the residence. (4) The residence shall have no more than one electrical meter. (5) A second kitchen shall exist only as part of the primary structure and shall not be installed in an accessory or "out" building. (6) The residence owner shall sign a written document prescribed by Draper City which declares that the residence will not be converted into two or more units without specific approval under the sections of this Title governing such use. The signature on such a document Title 9 Chapter 30 Page 1 of 3 shall be notarized and the document shall be recorded with the Salt Lake County Recorder's Office prior to issuance of a building permit. (7) Once a second kitchen is approved under the above criteria, both present and future owners of the residence shall limit use of the single family residence to a family only. No roomers or boarders shall be permitted. (8) Construction of any such kitchen shall meet standards of the current building codes adopted by the City. (b) A second kitchen shall not be established in a single family residential structure which contains an Accessory Dwelling, whether or not such accessory dwelling was established pursuant to Chapter 9-31 of this Title. Title 9 Chapter 30 Page 2 of 3 Title 9 Chapter 30 Code Amendments 9-30-020 amended per Ordinance No. 624 02/08/05 Title 9 Chapter 30 Page 3 of 3 M P-RELIMINARY AMEND-ED PLAT oF LOTS 9, 10, 11, 12, AND A PORTION OF LOT 8, BLOCK 1, TOWN OF ESTES PARK, LOCATED IN THE NORTHEAST 1/4 Z 0 CO OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST, OF THE GTH P.M., COUNTY- OF LARIMER, STATE OF COLORADO. 8 < SCALE 1" = 10' FOUND #4 fv - ~ SURVEYORS NOTES: 1. PREVIOUS VAN HORN IMPROVEMENT SURVEY RECORDED AT RECEPTION# 20080009810, THE SECOND AMENDED PLAT OF TOWN OF ESTES PARK, THE MAP OF RESURVEY OF BLOCK ONE REBAR W/ (RECORDED AT THE TOWN OF ESTES PARK AS 14/6, SURVEYED AND DRAWN BY DEAN BABCOCK IN ~ N71'51'19"E 0 10 20 30 ILLEGIBLE 1945), AND TRANSNATION TITLE INSURANCE COMPANY TITLE COMMITMENT #61-0002591 WERE USED I 10.06' 225.6 LOT ~ PLASTIC CAP FOR OWNERSHIP AND EASEMENT RESEARCH, NO OTHER RESEARCH WAS PERFORMED. ro /\ k 2. BOOK 778 AT PAGE 398 RECORDED OCTOBER 23, 1944, (SHOWN NEAR THE SOUTHWEST CORNER OF I b Â·1\ h THE SUBJECT PROPERTY) DEEDS A PORTION OF LOTS 11, 12 AND 13 TO THE TOWN OF ESTES PARK. 04 3. BOOK 778 AT PAGE 303 RECORDED OCTOBER 20, 1944, (SHOWN NEAR THE NORTHWEST CORNER OF k \ O SUBJECT PROPERTY) IS A PETITION OF VACATION OF RIGHT-OF-WAY. SAID PORTION OF RIGHT-OF-WAY THAT . 1 4 WAS VACATED. REVERTS TO OWNER OF ADJOINING PROPERTY. CD ' % % f + 4 - N~14,54'30"W D ETAI L .4. I ./ N 4. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY 1 1 . ~ 9''S7151'19"W -A~ 04 DEFECT IN THIS SURVEY WITHIN THREE YEARS OF THE DATE YOU FIRST DISCOVER SUCH DEFECT. IN Z 2 NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN ~ 2.23' \~ N48*10'52"E SCALE: 0 >-h /- ~ 4.29' ..4 42.,., , I AN TEN YEARS 1-ROM THE CERTIFICATION DATE SHOWN HEREON. N18'10'43"W ~ BUILDI G O.3' .. 6 01*424- \0* k UD ./.O - / 1,'=5' 1.73' J ON PR ERTY 3.1' + 1% 0 4, CEÂ°09 '13,44\ 104 BOUNDARY LDNES INDICATED ON THIS MAP ARE ADJUSTMENTS OF FORMER BOUNDARY LINES OF THE (EVE 0.5' OVER + BOUNDARY LINE ADJUSTMENT STATEMENT: DoT 6 Ix 4- 0~ NEIGHBORS BUSINESS PROPERTY INE) LOT 8/LOT 7 1 1.1.e>....7 .4 4 04 >41 PROPERTY DEPICTED HEREON. SUCH ADJUSTMENTS DO NOT CREATE ADDITIONAL LOTS OR BUILDING 02 U-) r 16. 4 09 9 E 4 SITES FOR ANY PURPOSES. THE AREA ADDED TO EACH LOT SHOWN HEREON BY SUCH ADJUSTMENT ~ - ./th ... 3 A... 6*w 4 254." 1 t?. . .ve P 1, IS TO BE CONSIDERED AN ADDITION TO, SHALL BECOME A PART OF, AND SHALL BE CONVEYED o Lal-1 . Â» 4.4 1 P i ACCESS :' . .. a a % TOGETHER WITH, EACH LOT AS SHOWN. M h EVE 1.4' OVER BUILDING 0.2' ..1. ....Â·Â·:- 5 ~\--, Â·~;~~~~~~~~~SEM NT . ~Â·"*~7 4 915 e M 1 g /339\(~4 69% PROPE TY LIN ~ 4 f#1~~~~ ACCESS k AINTENANCE EASEMENT ON PROPERTY V /1 / CD &*64 (EVE 1.7' OVER 6 83 -S T.. I.:Â· 1. Â·34* Â·4.4. '45 4,43*/3. < ,~; ES. 4 0. 04 BEARING STATEMENT: PROPERTY UN BEARINGS ARE BASED ON THE ASSUMPTION THAT A PORTION OF THE SOUTHERLY LINE OF BLOCK 1, G E m 1 66 , r~ I Â·. I ' R. I j\~ .64/0 . ~04 SECOND AMENDED PLAT OF TOWN OF ESTES PARK (AS MONUMENTED AND SHOWN HEREON) BEARS ~~~' ~ UJ ro v/,90** 11'36 0 39.8 ~ ~6 1*1~ ~43~@0 4 . i %* 'Â». N47'30'E. ALL BEARINGS CONTAINED HEREON ARE RELATIVE TO THIS BASIS OF BEARINGS. 0. id: 1 1 4 \\ <A 2 et\ 6 9. 1 NEIGHBORS HOUSE PREPARED BY: OWNERS: ,Â£**Wl -O 00 PROPOSED WATER LINE ', .4* .. 011' VAN HORN ENGINEERING & SURVEYING THOMAS E. & ~ , PARKING LOT / / CONTINGENT ON APPROVAL ; \ 31 - OW P.O. BOX 456 TERESAMARIA B. WIDAWSKI AMB* Oa:LO // OF AMENDED PLAT Â· ~ 4.~ r 4* 36. 1043 ASH CREEK RD. P.O. BOX 128 *=AlÂ« ZMS O\ S ESTES PARK, CO 80517 LAFAYETTE, CO 80026 Â»*/ 521 (303) 652-1800 -014 (970) 586-9388 \ 4 FORMER LOT 8 BLOCK 1 - - 3849 S.F. = .088 ACRES \ 5.-4â‚¬> 1.~ 1.75' LO 4 z~ \ 41.0 - Ow AB~NDONED AND CAPPED AT - p Â·~ ,10 ~- , r T --0.V C/*/bt<# 0 NEIGHBORS GARAGE ~ -- 01 L END OF PORTION SERVING Â·Â· Â· \ ACCESS + FOR,Ata 0. PRIVATE 3.5' 1*49 S.F. 10 X / ..1 40 /* 5. -014 'e~ . CONTINGENT UPON EASEMENT 1 APPROVAL OF AMENDED 1 4 - PLAT 'Ak f<.-./,:,il\ Ir) 203 PARK LANE BUILDING Â· * ~ 3 ~D MAINTENANCE (~)29 acreS f. , ow 'p~ z e .4 Â¢1 Â¢ OÂ· 4, FOUND #4 REBAR W/ ' . Â·Â· 'Â·1 FOUND #4 REBAR '0. . , 9.Â».1 2.... I. ,4 51 10 /0 1. e 9 9. 7 0 6 i ,8 04 7, D> \ 9 /.6 6 > * Â· .6 -Â· LOT 9A , v 'Â· EXISTING I 1 + up 0 e ALUMINUM CAP LS 532 \' \ ij ' : ' 4-â€¢.~ \ 5* 91 -WATER LINE & 6 ~ W/ ILLEGIBLE 4 4 .th 1 + 1 ACCEPTED AS PROPERTY- ~ Â· COVERED \ 94-0 PLASTIC CAP UN+44\ 1 / UTILITY Agr - O | HANDICAP 1 .' .......'' ;'.,Â· * - CORNER 1 liz j! ~Â·-~~, -~-: /e 4 12,942 S.F. WALKWAY -O \2 . 2 ....4 + r 1 PARKING le'- . . I .\ 1 X -0 0.297 acres 0 4 v. . I ..J4 .4 <9 ~ .i e *- 1 r . Â·'\.. 2 ~ 4~ ~P~.' hi 4 SPACE 42 4â‚¬ i 4 - & . 1 , SEE DETAIL O EXISTING Â·I (5'. ...1. ... ~' ELECTRIE .~~ ADDRESS: 205 PARK LANE L \C ~f % ) 40: , 9 4 ... n ' . 4 2 2 . Â» e 4 FOUND #4 \3\\ EWAGE U . I METER FORMER LOT 9 BLOCK 1 2 STORY FRAME BUILDING $ TIO 't ~ 1 e . 4 REBAR W/ ~ # e --- /4004 S.F. = .092 ACRES (PARK LANE BUILDING) e : . 46 10 ill -* r I *:'*<2 â€ž :. Â·6<-7~17?--iÂ· :Â· -:c, i~ Â·....Â· Â· '4 949 ? 1 < O METER ~ ~ ~ ~ 532 ON FORMER LOT LINE - I . 1.9' ' Â·-ELECTRIC PROPOSED - Â· ~ 4 : \ LINE i GREASE WATER .. \ ... 1., 4 \, ./ .4 ..~ LEGEND * , TRAP Â· Â· . , N\ .- 1 1 . 00 %. 42 1,11 GRAVEL PARKING Â·.;'i'. EXISTING 4' ../ -FOUND # REBA AND DRIVEWAY Â·~ SEWER UNE j W/ ILLEGI LE SIGN 1 4<, 6, ~>ff PLASTIC P ADDRES Â· PARK LANE 8 1 d - 16 - # Â·Â· 01 1 SIN ORY FRAME BUILDING FENCE ' Â» ROCK ' Â·Â· -t~ ..~ . O 0 00 APPROXIMATE LOCATION OF WATER .-b RETAINING . I RRENTLY HEIRLOOM JEWELRY) 4 1 f WALL . I. 1 4.... . 61Â§ 0:&~921%-~ vi--,- f - ',.. 2?i31 =::=-:= RETAINING WALL 6 3.2 FORMER LOT 10 BLOCK 1 08 .0 LINE COULD NOT BE DETERMINED , 20' ALL Y 7 (2ND AMENDED PLAT ~ 4 6 ' + ' ELECTRIC AS OF TIME OF SUBMITTAL. 27 3 f Â· J- . Â·' t. UTILITY POLE ~ OWN O ESTES PARK)3 ~6.44, +JO, Â». ~ 1 ~11\~ -3 -wiC - ~AV OHO-1. 50, ' WAS UNSURE OF LOCATION OF â‚¬ 66 't 4 , , C h 2822 S.F. = .065 ACRES -250--I / 1- 1. METER OWNER OF HEIRLOOM JEWELERS 00 0 . NAÂ·. 06 01 4- 00..4 +,1 40. V.S.. ~. ~ LIGHT POLE 0 -6.04 4 Al. IS LOCATED INSIDE THE BUILDING 33 600- Er-~ CONCRETE SURFACE ~ 4\\4 3~ 9Â»*.-0 - WATER LINE HOWEVER THE METER + ~ FORMER L M >23 4. e> - â‚¬/13 '. fl r. 0%0/ 2-1.Q os-,C - 4. APPROXIMATELY WHERE THE SEWER ,> ~50 . 1 (b.fig,47'12"E 2 .& _ 4 'A ENTERS TH BUIDING. 6 .A + 1% \ . , 11 .1 -~~-0-0~10 ' IN / -- . . ....10- I . * T -' pkbposEb/ I 1 F.+72 GAS METER/' 0 40004 04 ~ BURIED ELECTRIC / OHO / - -- .90. . E 23.45') -W- PROPOSED WATER LINE 4=:~ \C C EXIWING : /4 j OBO~W~ALKIN~ 87,7 % , RETAINING WALL , --- LQI11 OS S OS OS -os-os- sÂ« . 14*54'05 4 OVERHEAD UTILITY 37 / 0091.72;r=-- . 12' TALL GRAVEL PARKING .450 - 6 -Ove EXISTING WATER LINE (APPROXIMATE) 1 06 ~ TO BE REMOVED- ) / FORMER LO-kÂ·11' ~OCK 1 AND DRIVEWAY ' 05 1$6 ASPHALT 4 ' b - 4/ '' 0~ 192.-1. S f. = .044 ACRES-*. tor L 4 DRIVEWAY 28.34 t -â€¢-- ~ CONCRETE UGHT' pAD N14'54' r/] OS- EXISTING SEWER LINE (APPROXIMATE) 1 0 2.t X. 43/ FOUND #4 REBAR W/ PRIVATE SEWER 27 +~ / e 1.2. ./ ~ 44ng.-pp 10'06'12 -2.19.- - .5 CO CO FORMER Oâ€¢ ,.~ d ~ (NO LIGHT POLE) -OHU- EXISTING OVERHEAD UTILITY LINE il Sk I ./ I. PUBLIC ACCESS < i. - \ill \ , .\ , 1, , ST C CAP LS 532 -E- BURIED ELECTRIC AND MAINTENANCE \ ~ -- - FORMER I OT 17 E OCK 1 11~.h 1Â·~ ALEC. ~Â» EASEMENT t. *9 *-- 1187 S.F. = .027 ACRES / 14. Inx / el E- THWES LY -_~_-21:412.32 - - TELCO BOX \ u '1: </ CABINET y . . -0 /' - - - EASEMENT . Â·Â· -,0 /0.66@616:343*111â‚¬ Â· ' ''x' . " 29Â·Â§9~ ->7Â«3~~-2514.~ ~ \ .' FENCE / 0 FOUND MONUMENTATION -CORNE~~1 - S09'04 b0"W 440 1 U , N 01'26'0 0 W 14 0 -------------- 90Â« 1 LQI_12 Ill-- 1401Â·27'35-W-'13070-"--Â·SOO'11'59"WÂ·Â·- 99 226' 01'21'40" FOUND #4 REBAR WITH , N01'2. 00 -009'04'00"E 9.96' - --- (S u #'04' W 48.2'3 5'X~ .5' 1 W FOUND #4 REBAR W/ .*rh,VÂ«'X?<Â·Â·<L.ul_:2-:----m~~7~7--+ (N 01'27'<W 130.0) . a PLASTIC CAP #26974 (SEE NOTE 1) PLASTIC CAP LS 532 ELECTRIC / 0 (S 01'27' E 22.59 - NOT ACCEPTED AS BOX GUY WIRE NORTHWEST CORNER OF c Â©Â»f it,~**AMBE *App#p~ ~~ 24E. ftw:4Â«~ 700. 0.00 MEASURED DIMENSIONS PROPERTY SOUTHWEST CORNER / .,./Â·P.....185 3Â»Â«0.6.t 6/j~gmem# fas:ZG&*R<#Mwpptilj*RP#Sh#/ht<#'24*BibG..R# r, BLOCK 1 (SOUTHWESTERLY) ALUMINUM (0.00) PLATTED OR DEEDED DIMENSIONS - PARALLEL PARKING AREA Â· SET #4 REBAR WITH PORTION OF VIRGINIA DRIVE 13" VACATED BY THE TOWN OF Â«1 1Â»9 4.94> ESTES PARK (SEE NOTE #3) CAP VICINITY- MAP AND 13 DEDICATED TO THE VIRGINIA DRIVE PORTION OF LOTS 11, 12, STAMPED: SCALE 1 "=350' CERTIFICATION OF OWNERSHIP AND DEDICATION: TOWN OF ESTES PARK (ASPHALT PAVED) (SEE NOTE #2) ( l.4 THOMAS E. WIDAWSKI PUBLIC RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS THAT THOMAS E. WIDAWSKI AND TERESAMARIA B. WIDAWSKI BEING THE \ SW BLK 1 / OWNERS OF A PORTION OF THE NORTHEAST 1 /4 OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST, STATE OF ) LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: )SS COUNTY OF ) LOTS 9, 10, 11, AND 12, BLOCK 1, SECOND AMENDED PLAT OF TOWN OF ESTES PARK, COLORADO, ALSO LIENHOLDER'S STATEMENT BOARD OF TRUSTEES CERTIFICATE THAT PORTION OF LOT 8 IN SAID BLOCK DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF FLATIRONS BANK SOUTHERLY LINE oF SAID LOT, NORTH 4730' EAST 164.4 FEET FROM THE SOUTHWEST CORNER OF SAID , 20__ BY THOMAS E. WIDAWKSI. APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, BLOCK 1, THENCE NORTH 17'30' WEST 160 FEET TO A POINT ON NORTHERLY LINE OF SAID LOT 8, THENCE SOUTH 47'30' WEST ALONG NORTHERLY LINE OF SAID LOT 26.4 FEET TO THE NORTHWEST CORNER OF SAID WITNESS MY HAND AND OFFICIAL SEAL. THE UNDERSIGNED DO HEREBY AGREE AND CONSENT TO THIS PLATTING AND DO ALSO CONSENT COLORADO BY A RESOLUTION ON THIS ---- DAY OF , 20-- LOT, THENCE SOUTH 17'30' EAST ALONG THE WESTERLY LINE OF SAID LOT, 160 FEET TO THE SOUTHWEST MY COMMISSION EXPIRES TO THE DEDICATION OF THE RIGHTS-OF-WAY AND EASEMENTS DEPICTED HEREON FROM THEIR 0 LIEN IN CONSIDERATION OF THE ACCEPTANCE OF THE SAID PLATTING. DRAWN BY: CORNER OF SAID LOT 8, THENCE NORTH 47'30' EAST ALONG SOUTHERLY LINE OF SAID LOT, 26.4 FEET TO DAB POINT OF BEGINNING, TOWN CLERK MAYOR STATE OF ) ALSO INCLUDING ADJACENT PORTION OF VIRGINIA DRIVE VACATED BY RESOLUTION OF THE BOARD OF TRUSTEES CHECKED BY: NOTARY PUBLIC )ss LAS OF THE TOWN OF ESTES PARK, COLORADO, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 778 AT COUNTY OF ______) SCALE: PAGE 303 OF THE LARIMER COUNTY RECORDS; VESTED RIGHTS STATEMENT 1" = 10' EXCEPT A PORTION OF LOTS 9, 10, AND 11, OF BLOCK 1, TOWN OF ESTES PARK, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF BLOCK 1 THAT IS SOUTH 47'30' BY: APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE DATE: 07-21-2009 (TITLE) FLATIRONS BANK 68 OF TITLE 24, C.R.S., AS AMENDED. WEST A DISTANCE OF 51.83 FEET FROM THE SOUTHEAST CORNER OF LOT 8; THENCE NORTH 41'54'30" WEST A DISTANCE OF 41.0 FEET; THENCE SOUTH 48'05'30" WEST A DISTANCE OF 34.34 FEET; THENCE SOUTH TERESAMARIA B. WIDAWSKI 1454'05" EAST A DISTANCE OF 23.45 FEET; THENCE SOUTH 41'54'30" EAST A DISTANCE OF 20.57 FEET; SHEET =401 â‚¬ 1> 17/00Â£ 7Â» THENCE NORTH 47'30' EAST A DISTANCE OF 45.0 FEET TO THE POINT OF BEGINNING, AND EXCEPT A PORTION STATE OF ) SURVEYOR'S CERTIFICATE: THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __- DAY OF , ELKHORN AV OF SAID PROPERTY CONVEYE[, TO THE TOWN OF ESTES PARK BY DEED RECORDED IN BOOK 778 AT PAGE )SS 2009 BY FLATIRONS BANK. 4 9 398 OF THE LARIMER COUNn'RECORDS OR WHICH LIES WITHIN THE BOUNDARY LINES OF VIRGINIA DRIVE, COUNTY OF ) 1, LONNIE A. SHELDON, A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY - -4-J - COUNTY OF LARIMER, STATE OF COLORADO. WITNESS MY HAND AND OFFICIAL SEAL. CERTIFY THAT THIS AMENDED PLAT OF LOTS 9,10,11,12, AND A PORTION OF LOT 8, BLOCK 1, TOWN THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF MY COMMISSION EXPIRES . OF ESTES PARK TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR CONTAINING 0.326 ACRES MORE OR LESS; HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED , 20__ BY TERESAMARIA B. WIDAWSKI. UNDER MY DIRECT SUPERVISION. OF AND MODIFIED INTO 2 LOTS AS SHOWN ON THIS AMENDED PLAT OF LOTS 9, 10, 11, 12 AND A PORTION OF 20__ LOT 8, BLOCK 1, TOWN OF ESTES PARK AND DO HEREBY DEDICATE PERPETUAL PRIVATE EASEMENTS FOR WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC ACCESS AND UTILITIES, WITNESS OUR HANDS AND SEALS THIS ---------__-__- DAY OF MY COMMISSION EXPIRFS LONNIE A. SHELDON REG. LAND SURVEYOR #26974 NOTARY PUBLIC PROJ. NO. 2009-06-20 8Vo SS3N3131dN00 IVEId aNGNSIMV ANVNIMITSIBId 31Â¥0 133HS 0100 13 +01 3( NVT NHVd 902 3NOHd 8003803Â¥IN 103rOad AMENDED PLAT >-m oF LOTS 9,10, 11, 12, AND A PORTION OF LOT 8, BLOCK 1, TOWN OF ESTES PARK, LOCATED IN THE NORTHEAST 1/4 oF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST, OF THE GTH P.M,, COUNTY OF LARIMER, STATE OF COLORADO. \ SURVEYOR'S NOTES: FOUND #4 A REBAR W/ 1. PREVIOUS VAN HORN IMPROVEMENT EURVEY RECORDED AT RECEPTION# 20080009810, THE N71'51'19"E SCALE: 1" = 10' ILLEGIBLE SECOND AMENDED PLAT OF TOWN OF ESTES PARK, THE MAP OF RESURVEY OF BLOCK ONE ~ 10.06' 01 6 PLASTIC CAP (RECORDED AT THE TOWN OF ESTES PARK AS 14/6, SURVEYED AND DRAWN BY DEAN BABCOCK IN W I 10 20 30 LOT 1 1945), AND TRANSNATION TITLE INSURANCE COMPANY TITLE COMMITMENT #61 -0002591 WERE USED = 25 FOR OWNERSHIP AND EASEMENT RESEARCH, NO OTHER RESEARCH WAS PERFORMED. 1 2. BOOK 778 AT PAGE 398 RECORDED OCD)BER 23, 1944, (SHOWN NEAR THE SOUTHWEST CORNER OF h \ THE SUBJECT PROPERTY) DEEDS A PORTION OF LOTS 11,12 AND 13 TO THE TOWN OF ESTES PARK. N41'54'30"W 3. BOOK 778 AT PAGE 303 RECORDED OCTOBER 20, 1944, (SHOWN NEAR THE NORTHWEST CORNER OF 0 , 9-'S71'51'19"W _/'~ DETAIL SUBJECT PROPERTY) IS A PETITION OF VACATION OF RIGHT-OF-WAY. SAID PORTION OF RIGHT-oF-WAY THAT CD WAS VACATED, REVERTS TO OWNER OF ADJOINING PROPERTY. Z 2.23' \.T N48'10'52"E SCALE: 63 DEFECT IN THIS SURVEY WITHIN THREE YEARS OF THE DATE YOU FIRST DISCOVER SUCH DEFECT. IN ~ c 4. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY ~ 4.29' 1"=5' , \ NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN N18'10'43"W ~ 163/13 Xtr) 991+ TEN YEARS FROM THE CERTIFICATION DATE SHOWN HEREON. 1.73' J 4 0 -po- I.>Â·Flf o# CEÂ°Â°2 / - 5 /%43(24\ 1 . \,96 60 037 Vot *'91:) 96 <2/ BOUNDARY LINE ADJUSTMENT STATEMENT: OA 5. 4 Do oi / '94 4 , 50. 4/0,54 GOE E LOT 8/LOT 7 ACCESS & e IS TO BE CONSIDERED AN ADDITION TO, SHALL BECOME A PART OF, AND SHALL BE CONVEYED < -23 BOUNDARY LINES INDICATED ON THIS MAP ARE ADJUSTMENTS OF FORMER BOUNDARY LINES OF THE ry h 9 + 0 --7/L PROPERTY DEPICTED HEREON. SUCH AD,iUSTMENTS DO NOT CREATE ADDITIONAL LOTS OR BUILDING 08- PRIV TE MUTUA4 . VO 4 9. SITES FOR ANY PURPOSES. THE AREA ADDED TO EACH LOT SHOWN HEREON BY SUCH ADJUSTUENT Z82 EASEM NT \40-kÂ· 4) Â» 4 TOGETHER WITH, EACH LOT AS SHOWN. \ 690 4 '79 (356 ACCESS AN MAINTENANCE EASEMENT 94.46 ' P 1 0 9%4 9 6 \ JL 44Â· BEARING STATEMENT: 94 .31' 4.0, 4%.X K.> 00 4,5/ 4%%* bEE 0'30' ~ 1:61.18, 1% CbM ~+ 4 4 9. BEARINGS ARE BASED ON THE ASSUMPTION THAT A PORTION OF THE SOUTHERLY LINE OF BLOCK 1, 'b ST:â‚¬00 SECOND AMENDED PLAT OF TOWN OF ESTES PARK (AS MONUMENTED AND SHOWN HEREON) BEARS ,%:-255% !2 * T N47'30'E ALL BEARINGS CONTAINED HEREON ARE RELATIVE TO THIS BASIS OF BEARINGS. 2 d E \ > C 9 CK LO LOT 841 VAN HORN ENGINEERING & SURVEYING THOMAS E. & PREPARED BY: OWNERS: 44*6- mIE FORMER LOT 8 BLOCK 1 1 z 1; Y 1.75'--\T P.O. BOX 456 TERESAMARIA B. WIDAWSKI 3849 S.F. = .088 ACRES ~ ~0.,1.75' \\ 5 1043 FISH CREEK RD. ~OFAYETTE,1 CO 80026 ./10* Of e g 1249 S.F. ESTES PARK, CO 80517 C ...S@Le 0 4- I PRIVATE 3.5' 0.029 acres +JA (970) 586-9388 (303) 652-1800 ul ACCESS $,i Â£ -~ ~''\ AND MAINTENANCE 4 /,1 rip 4 4 - 0 EASEMENT 4 ''< ~t Â»*59 z I \5 9 1 4 6,/IP ee- .[~242 f <C 4 4 t. \.-44, > 1 #1 \,0- KLVe ./ / FOUND #4 REBAR W/ ~ M * 4 .51 FOUND #4 REBAR .2 0â€¢ ALUMINUM CAP LS 532 b W/ ILLEGIBLE ACCEPTED AS PROPERTY UTILITY EASEMENT ~ - *\2 4 .., PLASTIC CAP 4 + 9, 4 YA CORNER 19-4 0, FORMER LOT 9 BLOCK 1 2 4 40. 4 li~'<6 e 'A v 4004 S.F. = .092 ACRES SEE DETAIL ~ 66 93 JO, ~4/6/ 1 FOUND #4 REBAR W/ 4 PLASTIC CAP LS 1 532 ON LINE 4 eÂ¢49 9 4 \ 01 6 FORMER INE LOT 9A 31 / -/Â·r - FOUND #4 REBAR W/ // i ILLEGI E PLASTIC CAP 12,942 S.F. FORMER LOT 10 BLOCK 1 -- 1 0.297 acres - 2822 S.F. = .065 ACRES - --- 1 . 4 -* -* EX 20' ALLY & ~1 (2ND AMENDED PLAT V TOWN O ESTES PARK) e 'Ett, t- d .04 - -ST*1'58"t . 06 EX / / 01 osi A 6 17 '35004 t *. . 6'P FORMER 0. Â¢ 4 to &1 91 LEGEND 24 9, 6 / =42. 0 lip, 4 - 6 f 505'47'17"E 2 '__ _~ - 0 o FOUND MONUMENTATION -- 4.%. A20032' E--2635' - (S 14'54'05" E 23.45') FOUND #4 REBAR WITH 41 + ,- 406Â· h <- - w 23.45' 0 4/ FORMER LOP-Â·11- ~OCK 1 \ 00 Â· PLASTIC CAP #26974 (SEE NOTE 1 192.1 -SI. = .044 ACRES-x J 81 8;54'~ ,~ 3 93 .<Or PRIVATE ELECTRIC UTILITY EASEMENT - / 64 - CE' /1 0 413/ -- M E- / FORMER - - - EASEMENT - \ FOUND #4 REBAR W/- PRIVATE SEWER TILITY EASEMENT .-I /V*> PLASTIC CAP LS 532 -- t11006'1771 58.192 - / 1 ~%24%36*4?x\. /.-f f#mIESTERLY) - - - - - FORMER LOT 12 BLOCK 1 CO CO 05'~52'r--3gn-P *.* --- PUBLIC ACCESS --- 1187 S.F. = .027 ACRES * 94 AND MAINTENANCE~ \ -0 000 MEASURED DIMENSIONS \\F).1% "4'\ 1\19., +42/ Pkj:.9.\% . --- EASEMENT \ -0 " 29Â·69;0:5~:s.~130*228, - - la.11.952 -L____________ _____-NUr21<W--140.12--_E)'.11'221-28Â·22' - -- .1/ .31) S02'00'49"W 11. ' . AN# L.Ft#ign: - 12. 1 0.22'24 (0.00) PLATTED OR DEEDED DIMENSIONS WAÂ»- p. 1 34,<"%\ %"' 1 \ 1 \ :-U/1rrizii,frekil 7 S09'04 00 W 18.95 -oN09'04'00"E So9~'0074 48.20' / 01*21'4 " Â»*aÂ»Â»*Â«4...r... Â« p. ........._ _.::,1,1~%:.4(N. 01'27,1,230.0,0 2 ~: 1~~8.20.*Il~%19*~94 4% 4011 .1 ~ Â»AN. 44%~~~~ to (S 09'04' W 48.29 ~ FOUND #4 REBAR W/ d 9.96' (S 01'27' E 22.5') PLASTIC CAP L.S 532 NOT ACCEPTED AS NORTHWEST CORNER OF SOUTHWEST PORTION OF VIRGINIA DRIVE PROPERTY CORNER VACATED BY THE TOWN OF --21.-- 1 -\204:24.3Â»9~-2~ BLOCK 1 ESTES PARK (SEE NOTE #3) (SOUTHWESTERLY) ALUMINUM VIRGINIA DRIVE SET #4 ~ REBAR WITH 11" VICINITY MAP (ASPHALT PAVED) PORTION OF LOTS 11, , CERTIFICATION OF OWNERSHIP AND DEDICATION: THOMAS E. WIDAWSKI PUBLIC RIGHT OF WAY AND 13 DEDICATED TO THE yÂ· CAP - TOWN OF ESTES PARK STAMPED: /4.4 HORN1 KNOW ALL MEN BY THESE PRESENTS THAT THOMAS E. WIDAWSKI AND TERESAMARIA B, WIDAWSKI BEING THE (SEE NOTE #2) SCALE 1 "=350' OWNERS OF A PORTION OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST, STATE OF --_____) LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: )SS SW BLK 1 PLS 26974 COUNTY OF ______) LIENHOLDER'S STATEMENT LOTS 9, 10, 11, AND 12, BLOCK 1, SECOND AMENDED PLAT OF TOWN OF ESTES PARK, COLORADO, ALSO BOARD OF TRUSTEES CERTIFICATE THAT PORTION OF LOT 8 IN SAIL.) BLOCK DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS --__-- DAY OF FLATIRONS BANK SOUTHERLY LINE OF SAID LOT, MORTH 47'30' EAST 164.4 FEET FROM THE SOUTHWEST CORNER OF SAID , 20_ BY THOMAS E. WIDAWKSI APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, BLOCK 1, THENCE NORTH 17'3* WEST 160 FEET TO A POINT ON NORTHERLY LINE OF SAID LOT 8, THENCE THE UNDERSIGNED DO HEREBY AGREE AND CONSENT TO THIS PLATTING AND DO ALSO CONSENT COLORADO BY A RESOLUTION ON THIS ____ DAY OF , 20-- SOUTH 47-30' WEST ALONG NORTHERLY LINE OF SAID LOT 26.4 FEET TO THE NORTHWEST CORNER OF SAID WITNESS MY HAND AND OFFICIAL SEAL. LOT, THENCE SOUTH 17'30' EAST ALONG THE WESTERLY LINE OF SAID LOT, 160 FEET TO THE SOUTHWEST MY COMMISSION EXPIRFS TO THE DEDICATION OF THE RIGHTS-OF-WAY AND EASEMENTS DEPICTED HEREON FROM THEIR LIEN IN CONSIDERATION OF THE ACCEPTANCE OF THE SAID PLATTING. CORNER OF SAID LOT 8, THENCE NORTH 47'30' EAST ALONG SOUTHERLY LINE OF SAID LOT, 26.4 FEET TO TOWN CLERK MAYOR -F-- POINT OF BEGINNING, STATE OF ) ALSO INCLUDING ADJACENT PORTION OF VIRGINIA DRIVE VACATED BY RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, A CERTIFIED COPY OF WHICH IS RECORDED IN BOOK 778 AT DRAWN BY: NOTARY PUBLIC )SS \- z-v L PAGE 303 OF THE LARIMER COUNTY RECORDS; COUNTY OF _____) VESTED RIGHTS STATEMENT DAB \\ EXCEPT A PORTION OF LOTS 9, 10, AND 11, OF BLOCK 1, TOWN OF ESTES PARK, MORE PARTICULARLY CHECKED BY: i33â€ž-- L DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF BLOCK 1 THAT IS SOUTH 4730, BY: APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE LAS r 1 90Â» WEST A DISTANCE OF 51.83 FEET FROM THE SOUTHEAST CORNER OF LOT 8; THENCE NORTH 41'54'30" WEST (TITLE) FLATIRONS BANK 68 OF TITLE 24, C.R.S., AS AMENDED. SCALE 14'54'05" EAST A DISTANCE OF 23.45 FEET; THENCE SOUTH 41'54'30" EAST A DISTANCE OF 20.57 FEET; DATE: - A DISTANCE OF 41.0 FEET; THENCE SOUTH 48'05'30" WEST A DISTANCE OF 34.34 FEET; THENCE SOUTH TERESAMARIA B. WIDAWSKI 1" = 10' THENCE NORTH 47'30' EAST A DISTANCE OF 45.0 FEET TO THE POINT OF BEGINNING, AND EXCEPT A PORTION STATE OF ) SURVEYOR'S CERTIFICATE 07-21-2009 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF , - OF SAID PROPERTY CONVEYED TO THE TOWN OF ESTES PARK BY DEED RECORDED IN BOOK 778 AT PAGE Â» 2009 BY , FLATIRONS BANK. -- 398 OF THE IARIMER COUNTY RECORDS OR WHICH LIES WITHIN THE BOUNDARY LINES OF VIRGINIA DRIVE, COUNTY OF ______) 1, LONNIE A. SHELDON, A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY SHEET COUNTY OF LARIMER, STATE OF COLORADO. WITNESS MY HAND AND OFFICIAL SEAL. CERTIFY THAT THIS AMENDED PLAT OF LOTS 9, 10, 11, 12, AND A PORTION OF LOT 8, BLOCK 1, TOWN OF ~~~ ~-------55555555~~EL~~~~: CONTAINING 0.326 ACRES MORE OR LESS; HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED , 20_ BY TERESAMARIA B. WIDAWSKI. MY DIRECT SUPERVISION. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS -__--_ DAY OF MY COMMISSION EXPIRES , ESTES PARK TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER 1 AND MODIFIED INTO 2 LOTS AS SHOWN ON THIS AMENDED PLAT OF LOTS 9, 10, 11, 12 AND A PORTION OF LOT 8, BLOCK 1, TOWN OF ESTES PARK AND DO HEREBY DEDICATE PERPETUAL PRIVATE EASEMENTS FOR WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBUC ACCESS AND UTILITIES, WITNESS OUR HANDS AND SEALS THIS --------------- DAY OF MY COMMISSION EXPIRES .OF 20__. LONNIE A. SHELDON REG. LAND SURVEYOR #26974 NOTARY PUBLIC PROJ. NO. 2009-06-20 Â¥C] SS3N313-IdÂ»NOO ,LVId (IGICI NOISI/\3@ O0 NHVd NZIVd 908 133HS 103rOhld L