HomeMy WebLinkAboutPACKET Town Board Study Session 2024-06-25 June 25, 2024
5:15 p.m. — 6:45 p.m.
Board Room
EPTOWN BOARD 5:00 p.m. Dinner
® STUDY SESSION
AGENDA
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Public comment is not typically heard at Study Sessions, but may be allowed by the Mayor with agreement of a
majority of the Board.
This study session will be streamed live and available at www.estes.org/videos
5:15 p.m. Update on New Location for Police Department.
(Project Manager Pastor)
5:40 p.m. Planned Unit Development Code Change.
(Planner Hornbeck)
6:05 p.m. Next Steps for the Town-Owned Parcel at Elm Road and Moraine
Avenue. (Deputy Town Administrator Damweber)
6:35 p.m. Trustee & Administrator Comments & Questions.
6:40 p.m. Future Study Session Agenda Items.
(Board Discussion)
6:45 p.m. Adjourn for Town Board Meeting.
Informal discussion among Trustees concerning agenda items or other Town matters may occur before this
meeting at approximately 5:00 p.m.
1 1�
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Report
TOWN OF ESTES PARI
PUBLIC WORKS
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, PE, Public Works Director
Derek Pastor, PMP, Public Works Project Manager
Date: June 25, 2024
RE: Update on New Location for Police Department
Purpose of Study Session Item:
Present to the Town Board the current status of ideas for land acquisition for relocation
of the Police Department.
Town Board Direction Requested:
Public Works staff seek Town Board input on negotiations for land acquisition for this
facility. This discussion will guide staff in preparing future budget requests and staff
resource allocations.
Present Situation:
Beginning in 2023, discussions between Public Works and the Police Department
identified five (5) possible site locations for the new Police Department. Summaries of
the costs and other site evaluation criteria were discussed with the Town Board in
Executive Session in January 2024.
In 2024, conversations took place with the owner of the preferred site regarding
purchase of their land. Negotiations were paused when the owner held firm on their
selling price of nearly three (3) times the Broker Opinion of Value for the land.
Concurrent with these conversations, Public Works engaged with the Police
Department, Estes Valley Fire District, and local Emergency Medical Services about the
idea of a multi-jurisdictional emergency facility adjacent to Dannels Fire Department
(See Proposed Building Site map). All parties agreed that this would be an excellent
idea, with the location being ideal to meet the needs previously outlined for the
community.
In March 2024, Public Works contacted the Bureau of Reclamation (BoR) to identify
procedures and next steps to acquire a portion of the land to accommodate a 15,000
sq. ft. building. The Bureau has identified a few preliminary requirements to be
addressed:
• Updating/revising the Resource Management Plan (to be completed by the BoR).
Included in the Resource Management Plan are:
o Environmental Impact Assessment (TOEP Responsibility)
o Land Use / Special Use Re-Zoning (TOEP Responsibility)
o Public Comment Period (TOEP Responsibility)
• Memorandum of Understanding between BoR and TOEP (initiated by BoR)
Proposal:
Public Works staff recommend continuing conversations with the Bureau of
Reclamation to possibly acquire permission to use their land adjacent to Dannels Fire
Department and subsequently enter into a Memorandum of Understanding as required
by the Bureau of Reclamation.
Advantages:
• Centralized location for Emergency Services
• Close proximity to schools, Events Complex and state highways
• No land acquisition costs; minimal costs for permits, environmental assessments,
etc..
• Ideal location for responsiveness to emergencies
• Shared training facility
• Of the options considered, this area is best protected from natural disaster and
urban conflagrations
Disadvantages:
• Length of time for a decision from the Bureau of Reclamation causing a delay in the
designing of this new facility (thus construction and relocation as well). However,
there is a significant financial investment in purchasing land from alternatives that
are less ideal.
• The new location would encroach on existing public space and recreational areas.
However, a requirement from the Bureau of Reclamation is the design of the new
facility would address the lost public and recreational space and re-design
accordingly.
• Co-locating all the first responders next to the powerplant could increase the
potential risk of an attack or single event crippling the Town's ability to act.
However, we feel the site, even with the addition of an emergency response center,
is not a particularly attractive target for terrorist action due to the relatively low scope
of impact/harm available here relative to similar facilities in highly populated
areas. An alternate perspective is the proposed co-location actually improves the
security of the powerplant by the shortened response time due to the close proximity
of both Fire and Police services.
Finance/Resource Impact:
This land adjacent to Dannels Fire Station could potentially be utilized at a significantly
lower cost to the Town as compared to purchasing a new parcel. There will be costs
incurred by the Town from the Bureau of Reclamation for the Resource Management
Plan, Environmental Impact Assessment, Permits, etc.. Public Works is attempting to
schedule a preliminary meeting with the BoR to get a better understanding of these
costs and timelines.
Alternative land purchases from the other available options for consideration range up
to $2.6M.
Level of Public Interest
Considering this decision has safety/security implications as well as affecting the public
spaces and recreational area in the vicinity, we believe there will be a high-level of
public interest.
Attachments:
1. Proposed Building Site Map
ATTACHMENT 1
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TOWN OF ESTES PARI
Report COMMUNITY DEVELOPMENT
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Paul Hornbeck, Senior Planner
Date: June 25, 2024
RE: Planned Unit Development Code Change
Purpose of Study Session Item:
Discuss potential amendments to the Estes Park Development Code sections on
Planned Unit Developments.
Town Board Direction Requested:
Seeking direction from the Town Board on potential code amendments regarding
Planned Unit Developments.
Present Situation:
A Planned Unit Development (PUD) is a land use tool that can provide flexibility from
standard zone district requirements such as lot size, building setbacks, or allowed uses.
PUDs are permitted as a zoning overlay by the Development Code Section 3.4
(Attachment 1) and Chapter 9 (Attachment 2) and enabled through the Planned Unit
Development Act of 1972 (C.R.S Title 24, Article 67).
The PUD Act allows local governments the "...discretion to negotiate almost every
aspect of the proposed development in return for PUD approval. In theory, the planned
development process protects the public interest by trading off more flexible local
government regulations for a higher level of forethought, design attention, or community
amenities..."'
Development Code Section 9.1 lists the purposes of PUDs within the Town, including
some of the following key points:
• encourage innovative design
• more efficient use of open space
• more efficient use of land and of public services
1 Elliott, Donald L. Colorado Land Planning and Development Law, 121" Ed. (CLE in Colo., Inc. 2021).
• encourage preservation of natural characteristics
• minimize impacts on roads, streets, and other transportation facilities
• conserve the value of the land
The impetus for considering a code amendment at this time are some recent
development proposals and concepts that have illustrated shortcomings in the
Development Code that can be addressed prior to the larger code update planned for
2024-2026.
The Estes Forward Comprehensive Plan (Comp Plan) was adopted in 2022 by Town
Board and Board of County Commissioners to guide the day-to-day and long-range
decisions that affect the Estes Valley. It is a policy document with various actions
recommended to implement its various goals and policies. One of the major means of
implementing the Comp Plan is through the Development Code. The last major update
to the Development Code was in 2000, meaning there is a disconnect between the
Comp Plan and the Development Code.
One of the most noticeable inconsistencies is the Comp Plans' vision for Mixed-Use
Centers and Corridors. Most commercial corridors in Town outside of downtown are
identified on the Future Land Use Map in the Comp Plan as "Mixed-Use Centers &
Corridors" (Attachment 3). The Comp Plan expresses a vision for these areas of
medium to higher-density vertical mixed residential and commercial use developments
located on or near major throughfares (Attachment 4).
The only zone district which allows mixed use is CD (Downtown Commercial), but such
zoning is not appropriate outside downtown (e.g. it does not require any parking). The
Development Code update will likely address this disconnect between the Comp Plan
and Development Code, but that process will likely take 18-24 months. Since there is
current interest in development and redevelopment in these corridors, staff
recommends an interim solution of using the PUD process to allow mixed use
envisioned by the Comp Plan.
The Town's PUD code is largely intended to facilitate mixed use develop as it is today,
however a few stipulations make it difficult if not impossible to be used on most parcels
in Town. The primary issues are:
• Permitted only on properties with CO (Outlying Commercial) zoning (a small
portion of parcels in Town)
• Minimum parcel size of 3 acres (most parcels in Town are smaller)
• Minimum 30% open space (exceeds other zone districts and is difficult to meet in
infill development)
Another issue that has come up recently in which a PUD amendment code could
address pertains to density of accommodations uses. A development application
currently under review for a hotel is seeking higher density than the code allows. The
applicants are contemplating submitting a variance request regarding the number of
hotel rooms for consideration by the Board of Adjustment.
Variances are governed by Development Code Sec. 3.6, which prohibits variances that
reduce the size of lots if that will increase density. However, that is not applicable in this
case since the variance would be for the number of hotel rooms and is not related to lot
size. Staff's professional opinion is that the Board of Adjustment is not the appropriate
decision maker regarding issues of density and that the Town Board is better equipped
to make those decisions. Therefore, staff recommends amending the PUD code section
to allow the Town Board to approve higher density for accommodations uses through
the PUD process.
With any PUD amendment, staff envisions developing more stringent review standards
to accompany the changes. The intent would be to ensure PUDs are only used when
they provide a clear community benefit and not simply as a workaround to standard
code requirements. This would allow the Board to look holistically at a project to
consider its overall benefits and only approve projects meeting those criteria. For
example, if a proposed accommodation use desired a higher density, then the project
would need to provide exceptional community benefits, such as the provision of
workforce housing, superior architectural design, and enhanced environmental
stewardship.
Proposal:
If the Board is interested in pursuing the amendments, staff will prepare draft code
language to take to Planning Commission for their input and recommendation and
prepare an ordinance for the Board's consideration.
Advantages:
• Provides an interim fix for the disconnect between the Comp Plan's vision for
Mixed Use Centers and Corridors and the Development Code's lack of zoning to
implement that vision.
• Will allow more properties to be eligible for PUD overlay, providing greater
opportunity for innovative designs, which could help address workforce housing
needs.
• Gives Town Board authority to consider increased density for qualifying
accommodation uses rather than relying on the Board of Adjustment.
Disadvantages:
• Making more properties eligible for PUD could increase the number of
applications for PUDs (currently minimal), which typically require more staff time
to review and to administer after approval. However, with strong review criteria
that encourage only projects with exceptional community benefits, this could be
limited.
• Discretionary approval process of PUDs can provide appearance of unfair and
arbitrary decision making. However, an ordinance with sufficient guidance
through the establishment of desired community benefits and approval standards
can minimize this risk.
Finance/Resource Impact:
None
Level of Public Interest
There would likely be moderate public interest in a Development Code amendment.
Attachments:
1. Development Code Section 3.4 — Planned Unit Developments (existing)
2. Development Code Chapter 9 (existing)
3. Comp Plan Future Land Use Map
4. Mixed Use Center & Corridors excerpt from Comp Plan
ATTACHMENT 1
§ 3.4 Planned Unit Developments
A. Applicability. Planned Unit Developments may be approved in any zoning district in which this Code
expressly permits such projects(See Chapter 9), subject to the standards set forth in this Code and the
approval procedures set forth in this Section.
B. Consolidation with Subdivision Approval.Where applicable,the Applicant shall consolidate an application
for Preliminary PUD Plan approval with an application for preliminary subdivision plan approval,and shall
consolidate an application for Final PUD Plan approval with an application for final subdivision plat approval.
Such consolidated application shall be submitted in a form that satisfies both the planned unit development
requirements of this Code and the provisions, including submittal requirements,governing subdivisions.
C. Procedures for Approval of a PUD Plan.The PUD is first approved in preliminary form and then approved in
final form.Approval of preliminary and final Planned Unit Development plans shall follow the same
procedures as approval of preliminary and final subdivision plats. See§3.9 below for the subdivision approval
process.
D. Standards for Review.All applications for Planned Unit Developments shall demonstrate compliance with
the requirements and review standards set forth below and in Chapter 9, "Planned Unit Developments," and
with all other applicable provisions of this Code.
1. Preliminary PUDs.An application for approval of a Preliminary PUD Plan,together with submitted
plans and reports,shall be reviewed for conformance with the following standards:
a. The PUD shall be consistent with and implement the planning goals, policies and objectives as
contained in this Code and in the Comprehensive Plan;
b. Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual
impacts, shall be mitigated to the maximum extent feasible;
c. The PUD shall be integrated with adjacent development through street connections, sidewalks,
trails and similar features;
d. Except as provided in Chapter 9 below, all district, development and subdivision standards set
forth in Chapters 4(Zoning Districts),7(General Development Standards)and 10(Subdivision
Standards)shall be met;and
e. As allowed in Chapter 9 below,certain standards may be modified or varied upon a finding that
the proposed PUD incorporates creative site design such that it represents an improvement in
quality over what could have been accomplished through strict application of the otherwise
applicable district or development standards, including but not limited to improvements in open
space provision and access; environmental protection;tree/vegetation preservation; efficient
provision of streets, roads and other utilities and services;or choice of living and housing
environments.
2. Standards for Review for a Final PUD Plan.A Final PUD Plan application,together with all submitted
plans and reports,shall be reviewed to determine their compliance with the approved preliminary PUD
plan, including all recommended conditions.
E. Effect of Approvals.
1. Effect of Approval of a Preliminary PUD Plan.The provisions set forth in §3.9.F below applicable to a
preliminary subdivision plan shall apply to a preliminary PUD plan.
2. Effect of Approval of a Final PUD Plan.The provisions set forth in §3.9.F below applicable to a final
subdivision plat shall apply to a final PUD plan.A final PUD plan shall be recorded as the final
subdivision plat,as per§3.9.F below.
Created: 2023-09-01 18:46:39 [EST]
(Supp. No.21)
Page 1 of 1
Estes Park, Colorado, Development Code ATTACHMENT 2
CHAPTER 9. PLANNED UNIT DEVELOPMENTS
CHAPTER 9.
PLANNED UNIT DEVELOPMENTS
§ 9.1 Purposes
In order that the public health,safety and general welfare may be furthered in an era of increasing urbanization,
commercial and industrial development, and growing demand for housing of all types and design,this Chapter is
designed to encourage planned unit developments(PUDs) in the Estes Valley for the following purposes:
A. To encourage innovations in residential and commercial development and renewal so that the growing
demands of the population may be met by greater variety in type,design and layout of buildings and by the
conservation and more efficient use of open space ancillary to such buildings;
B. To encourage a more efficient use of land and of public services and to reflect changes in the technology of
land development so that resulting economies may inure to the benefit of those who need homes;
C. To provide a process that can relate the type, design and layout of residential and commercial development
to the particular site,thereby encouraging the preservation of the site's natural characteristics, and to
encourage integrated planning in order to achieve the purposes of this Chapter;
D. To provide for well-located,commercial sites and well-designed residential developments while minimizing
the impact on roads,streets and other transportation facilities; and
E. To conserve the value of the land.
§ 9.2 APPLICABILITY AND TYPES OF PUDS ALLOWED
A. PUDs Allowed in the CO District Only.Application for a planned unit development may be made for land
located in the CO Outlying Commercial Zoning District.A PUD may be established by overlaying a PUD
development plan over the existing CO zoning district.All PUDs shall be reviewed and approved in
accordance with the standards set forth in this Chapter and the procedures set forth in Chapter 3 of this
Code.
B. Types of PUDs Allowed.A Mixed-Use Planned Unit Development(PUD-M)shall be the only permitted PUD
overlay in the CO zoning district.
§ 9.3 PUD-M, PLANNED MIXED-USE DISTRICT
The PUD-M, Planned Mixed-Use District, is created to provide for the development of planned mixed-use
commercial and residential developments. It is intended to promote developments with a balanced mix of
commercial and residential uses that provide services and employment opportunities in close proximity to
residents of the district.The PUD-M, Planned Mixed-Use District, may be permitted as an overlay only in the CO
Outlying Commercial District.Within a PUD-M District,the following standards shall be applied and uses and
densities may be permitted subject to the approval of the Decision-Making Body, depending on the location of the
proposed PUD.
A. Permitted Uses.Within a PUD-M district,the following uses may be permitted subject to the approval of the
Decision-Making Body:
1. Uses permitted by-right or by special review in the underlying zoning district;
2. Residential uses;or
3. Accommodation uses.
Estes Park,Colorado,Development Code Created: 2023-09-01 18:46:42 [EST]
(Supp. No.21)
Page 1 of 2
B. Minimum Parcel Size.The minimum parcel size of a mixed-use PUD shall be three (3)acres.
C. Number of Units Allowed/Density.
1. Residential Uses in a Mixed-Use PUD.The maximum number of units allowed (density)shall be
determined by applying the maximum permitted net density allowed in the RM Multi-Family
Residential Zoning District(see§4.3.C.5 above).
2. Accommodation Uses in a Mixed-Use PUD.The maximum number of accommodation units allowed
shall be determined by applying the minimum developable land area per accommodations unit
requirement allowed in the A Accommodations/Highway Corridor Zoning District(see§4.4.0 above).
Any unit that is less than or equal to eight hundred (800)square feet in size shall be considered a guest
unit, regardless of kitchen configuration,for purposes of density calculations of a commercial
accommodations use in a Mixed-Use PUD.
(Ord. 17-03#1)
3. Land Area Requirements Not Cumulative.The density allowances set forth in this Section are not
cumulative, but shall be calculated independently for each residential and/or accommodations use
proposed in a mixed-use PUD. Each independently calculated land area shall be deducted from the
total land area available for development to determine the permitted density on a site.
D. Applicable Development Standards.
1. Yard,Bulk and Dimensional Requirements.Yard, bulk and dimensional requirements set forth in
Chapter 4, including but not limited to minimum lot area,shall not apply to interior lots or building
sites within a PUD-M that do not abut land uses located outside the PUD-M development parcel.
2. All Other Zoning Requirements.All other zoning development and design standards shall apply to all
PUD-M's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to
§3.6, "Variances."
3. Subdivision Regulations.The requirements of Chapter 10, "Subdivision Standards,"shall apply to all
PUD-M's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to
§3.6, "Variances."
4. Private Open Areas.
a. At a minimum,a PUD-M development shall set aside thirty percent(30%)of the site's total gross
area for open areas, plazas, courtyards,sitting areas and other similar public-accessible spaces.
b. At its discretion,the Decision-Making Body may require additional private open areas or public
trail dedications based on a review of the following factors:
(1) The Estes Valley Comprehensive Plan;
(2) Unique drainage,topographic,vegetation or other such physical conditions;
(3) Type and density of development;or
(4) Overall need for open space and recreational facilities.
c. All open areas or trails provided in a PUD shall be owned and maintained as common (private)
open areas by the developer,owner of the property or an organization established for the
ownership and maintenance of common open areas, unless the relevant Board accepts public
dedication of the open areas.
d. Open areas or trails dedicated for public use shall comply with all applicable dedication
requirements set forth in §7.4 of this Code.
(Ord. 17-03#1, 10/14/03)
Created: 2023-09-01 18:46:42 [EST]
(Supp. No.21)
Page 2 of 2
ATTACHMENT 3
FUTURE LAND USE
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74 CHAPTER 3: FUTURE LAND USE
FUTURE LAND USE MAP OVERVIEW
The Estes Forward Future Land Use Map applies the Future Land Use
ESTES Categories to the Estes Valley Planning Area and Town of Estes Park
FORWARD jurisdictions to recommend appropriate locations for each category
of land use and development character. The composition of map is
informed by several factors:
Future Land Use
� 7 • The previous future land use maps (Town-1996,County-2019)
Town_._ of Estes Park » Current zoning map
I_7 Estes Valley Planning Area » Historic development patterns
» Existing water service areas
n Major Roads • Environmental features and constraints
Local Roads Areas of anticipated development
-Lakes » Growth and conservation preferences articulated by the
Rivers and Creeks community
RMNP Boundary The Future Land Use Map provides the overarching structure for
Future Land Use orchestrating appropriate patterns of development and conservation
Industrial Mix throughout the Estes Valley. In doing so, the map influences and
informs zoning decisions to achieve desired future growth patterns.
Mixed-Use Centers &Corridors While evaluating site-specific development requests, study the
Downtown Future Land Use Map to determine whether the request is consistent
with the community's land use and development vision.
Public/Semi Public
The Future Land Use Map is a guide to achieving the community's
Mixed Residential Neighborhood stated vision; however, it is not a mandate. To the extent possible,
Neighborhood Village it should be closely followed, but when circumstances dictate
otherwise, it is the intent of this plan to enable the Town and the
Suburban Estate County to respond appropriately through their land development
Accommodations decisions.
Mountains & Foothills
Natural Resource THE FUTURE LAND USE CATEGORIES AND MAP
Conservation & Parks ARE ASPIRATIONAL. THEY DO NOT ALTER,
CIRCUMVENT, OR SUPERSEDE ESTABLISHED
ZONING, RECORDED SUBDIVISIONS, OR
APPROVED DEVELOPMENT PLANS. THE ZONING
MAP AND DEVELOPMENT CODES ARE NOT
" CHANGED AS A RESULT OF THE ADOPTION OF
A THE COMPREHENSIVE PLAN OR FUTURE LAND
0 1 2
Miles USE PLAN, CATEGORIES, OR MAP. FEDERAL
orFutu surpersede established zoe Land Use categories ningo �eco dedt alter, reumvent, LANDS, INCLUDING NATIONAL PARKS, ARE NOT
subdivisions,or approved development plans.The SUBJECT TO THE FUTURE LAND USE MAP OR
zoning map and development codes are not changed
as a result of the adoption of the Comprehensive Plan TOWN AND COUNTY ZONING MAPS.
or Future Land Use Map.
ESTES FORWARD I COMPREHENSIVE PLAN 75
ATTACHMENT 4
MIXED-USE CENTERS & CORRIDORS
The Mixed-use Centers and Corridors category contains Appropriate Land Uses and Development
medium to higher-density vertical mixed residential Types
and commercial use developments located on or near
major thoroughfares. This category is characterized by » Mixed-Use developments with upper-story
an interconnected road network, available water and residential, office, institutional,commercial,
wastewater, and a walkable environment and a greater entertainment
emphasis on design of upper stories for compatibility. » Medium-high density accommodations such as
hotels, motels, short-term rental attached units
Built Form
New and redeveloped sites in Mixed-use Centers and
Corridors should reflect a variety of building types on
°-1111111.1F large lots. Development in this category should strive to
increase business density,adding residential units where
1 Mad appropriate,and expanding multi-modal connectivity.
r _ �1,r II ? 11 y Parking lots should be divided into more than one
lill�i area including the side and rear of buildings where
ILi' feasible. All structures should feature pedestrian-scale
illy-1.44 _ - ' T- J entrances. Development should positively contribute
11 ' • ' !I to the character of the town through pedestrian-scaled
f t ` - architectural features on ground floors and landscaping.
• Building Height: 1 - 5 stories
• Block Length: 250 — 650 ft.
Primary Road Setback: 10- 150 ft.
• Transportation System:This category
.'.:zr , :.��+� •t : ,4;a, t • accommodates all modes: automobile, bicycle,
' '" .•— ._ c z' .-, w'. - k .«: ' pedestrians,and transit.The pedestrian system
,1067 should connect to other mixed-use and commercial
- nodes and neighborhoods. Sidewalks and/or
shared-use paths and bicycle infrastructure should
_ i..--w c � . - connect the multi-modal network along primary
-" transportation corridors. Pedestrian connectivity
`9. , f _ internal to the site must connect parking areas to
4 '; ., '� �;Ai IllI .` <.� the building and adjacent sites.
..:Ii �'' Previous (1996) Future Land Use Categories
. ,,,...._ii_
` ��� `- » Office
• PUD Commercial
• Commercial Recreation
• Commercial
• Accommodations
72 CHAPTER 3: FUTURE LAND USE
6/26/2024
fP Community Development
Town Board Study Session
June 25, 2024
Planned Unit Development
Code Change
Presented by Paul Hornbeck, Senior Planner
1
What is a PUD?
• PUD is a land use tool that can provide flexibility from standard zone
district requirements (e.g. lot size, building setbacks, or allowed
uses)
• Permitted as a zoning overlay by EPDC § 3.4 and Ch. 9
• Enabled through the Planned Unit Development Act of 1972 (C.R.S
Title 24,Article 67)
• PUD ACT enables local governments the "...discretion to negotiate
almost every aspect of the proposed development in return for PUD
approval. In theory, the planned development process protects the
public interest by trading off more flexible local government
regulations for a higher level of forethought, design attention, or
community amenities..."
-Elliott, Donald L. Colorado Land Planning and Development Law,
12th Ed. (CLE in Colo., Inc. 2021).
2
1
6/26/2024
Purpose
EPDC § 9.1 — PUD Purpose:
• encourage innovative design
• more efficient use of open space
• more efficient use of land and of public services
• encourage preservation of natural characteristics
• minimize impacts on roads, streets, and other transportation
facilities
• conserve the value of the land
3
Why Now?
The impetus for considering a code amendment at this time are some recent
development proposals and concepts that have illustrated shortcomings in the
Development Code that can be addressed prior to the larger code update
planned for 2024-2026.
4
2
6/26/2024
Comprehensive Plan
ESTES
FORWARD re :
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ESTES FORWARD COMPREHENSIVE PLAN
DECEM B ER 2022
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5
Comprehensive Plan
FUTURE LAND USE MAP
MIXED-USE CENTERS&CORRIDORS
Lre.........seate.reivvrs Appropriate Land Uses and Development .
re.urn to...say wen.roved residential Types
nil;indrougt=ibis categOr;IS Ch:ra['tnegeIrrg; .AA.tTs developments e.Lipp..
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. New and redeveloped sites m Mixed use Centers and
' Condors should reflect a variety of building types on
•
.10.1.'' large lots Development in Mrs category should strive to
increase busmessdensity,adding residential units where , .,... c----
. appropnate and e.anding rnuliFmodal connectiwty fie i-: - .
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PI CHAPTER 3,FUTURE LAND IJSC
71 CHAPTER.FUTURE LAND USE
6
3
6/26/2024
Future Land Use Map
ESTES �e
FORWARD r
Future land Use _ •
r—•�Town of Estes Park . �r�-' -i /
cJ Estes Valley Planning Area C *Sp
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Mixed-Use Centers a Corridors ° - .,.41•. ` r
=Downtown i ���( !i i E r i ms '
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7
PUD Limitations
The Town's PUD code is largely intended to facilitate mixed use develop as it
is today, however a few stipulations make it difficult if not impossible to be
used on most parcels in Town. The primary issues are:
• Permitted only on properties with CO (Outlying Commercial)zoning (a
small portion of parcels in Town)
• Minimum parcel size of 3 acres(most parcels in Town are smaller)
• Minimum 30% open space(exceeds other zone districts and is difficult to
meet in infill development)
8
4
6/26/2024
PUD & Accommodation Density
• Development application currently under review for a hotel is seeking higher
density than the code allows.
• EPDC §3.6,which prohibits variances that reduce the size of lots if that will
increase density. Not applicable in this case since the variance would be for
the number of hotel rooms
• Staff's recommends Town Board have authority to consider increased
accommodation density through PUD rather than variance to Board of
Adjustment.
9
Review Standards
• Amendment would include more stringent review criteria.
• Ensure PUDs are only used when they provide a clear community benefit
and not simply as a workaround to standard code requirements.
• For example, if a proposed accommodation use desired a higher density,
then the project would need to provide exceptional community benefits,
such as the provision of workforce housing, superior architectural design,
and enhanced environmental stewardship.
10
5
6/26/2024
Advantages
• Provides an interim fix for the disconnect between the Comp Plan's vision for
Mixed Use Centers and Corridors and the Development Code's lack of zoning
to implement that vision.
• Will allow more properties to be eligible for PUD overlay, providing greater
opportunity for innovative designs, which could help address workforce housing
needs.
• Gives Town Board authority to consider increased density for qualifying
accommodation uses rather than relying on the Board of Adjustment.
11
Disadvantages
• Making more properties eligible for PUD could increase the number of
applications for PUDs(currently minimal),which typically require more staff time
to review and to administer after approval. However, with strong review criteria
that encourage only projects with exceptional community benefits, this could be
limited.
• Discretionary approval process of PUDs can provide appearance of unfair and
arbitrary decision making. However, an ordinance with sufficient guidance
through the establishment of desired community benefits and approval
standards can minimize this risk.
12
6
6/26/2024
Proposal
If the Board is interested in pursuing the amendments, staff will prepare draft
code language to take to Planning Commission for their input and
recommendation and prepare an ordinance for the Board's consideration.
13
7
4
EP
TOWN OF ESTES PARI
Report TOWN ADMINISTRATOR
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Deputy Town Administrator
Date: June 25, 2024
RE: Next Steps for the Town-Owned Parcel at Elm Road and Moraine Avenue
Objective:
Determine the Town Board's desired next steps with respect to the Town-owned parcel
located at the intersection of Elm Road and Moraine Avenue, namely the preferred
process for vetting proposals received in response to a Request for Expressions of
Interest regarding the site.
Present Situation:
At a Study Session held earlier this year, staff inquired about the Town Board's interest
in the potential future use of the Town-owned parcel located at Elm and Moraine.
Options discussed included:
• Doing nothing, possibly identifying a desired future public use for the parcel.
• Selling the property and using the proceeds for another strategic goal.
• Leasing all or a portion of the property.
• Issuing a Request for Expressions of Interest (RFEI) to determine what potential
development interest might exist for the property and bring proposals back to the
Town Board for a decision.
At the conclusion of the discussion, the Town Board indicated strong interest in the last
option. Soon after, staff issued an informal Request for Expressions of Interest that
asked potential respondents the following questions:
• If you were to purchase or lease the property, what would you plan to do with it?
• How would your plan for the property benefit the Town of Estes Park?
• Would you prefer to purchase the property or enter into a long-term lease?
• Would you prefer to purchase/lease the entire property or only the portion without
overhead powerlines?
• Based on known information and limitations about the site, what requirements
would you have of the Town if you were to enter into a purchase agreement or
long-term lease?
We received six expressions of interest in response to the RFEI, attached.
Proposal:
Staff proposes that the Town Board review the expressions of interest received and
determine next steps. More specifically:
• Which proposals are you interested in learning more about? Are there any
proposals you wish to eliminate from further consideration?
• What process would you like to see used to further vet the expressions of
interest?
o Direct staff to engage with a particular proposer?
o Invite all or certain proposers to pitch their ideas and respond to questions
from the Town Board?
o Something else?
• Confirm whether there is a preference to retain ownership of the parcel and enter
into a long-term lease rather than selling the property?
• Whether to parse out the portion of the property with overhead powerlines or
include it in a lease or purchase?
Advantages:
Selling or leasing all or a portion of the property would provide the Town with funding
that could be used to address other strategic goals.
Disadvantages:
Unknown at this time. No matter what direction the Town decides to take with respect to
this property, there could be opportunity costs realized or lost.
Finance/Resource Impact:
To be determined
Level of Public Interest
Low
Attachments:
1. Presentation
2. Responses to Request for Expressions of Interest
ATTACHMENT 1
ill
TOWN OWNED PARCEL AT
ELM AND MORAINE
11 DUNE 25, 2024
STUDY SESSION
Objective
Determine the Town Board's desired next steps with
respect to the Town-owned parcel located at the
intersection of Elm Road and Moraine Avenue,
namely the preferred process for vetting proposals
received in response to a Request for Expressions of
Interest regarding the site.
Recap
At a Study Session held earlier this year, staff inquired about the
Town Board's interest in the potential future use of the Town-owned
parcel located at Elm and Moraine. Options discussed included:
• Doing nothing, possibly identifying a desired future public use for
the parcel.
• Selling the property and using the proceeds for another strategic
goal.
• Leasing all or a portion of the property.
• Issuing a Request for Expressions of Interest (RFEI) to
determine what potential development interest might exist for
the property and bring proposals back to the Town Board for
a decision.
Request for Expressions of
Interest
• If you were to purchase or lease the property, what would
you plan to do with it?
• How would your plan for the property benefit the Town of
Estes Park?
• Would you prefer to purchase the property or enter into a
long-term lease?
• Would you prefer to purchase/lease the entire property or
only the portion without overhead powerlines?
• Based on known information and limitations about the site,
what requirements would you have of the Town if you were
to enter into a purchase agreement or long-term lease?
Questions for the Town
Board
• Which proposals are you interested in learning more about? Are there any
proposals you wish to eliminate from further consideration?
• What process would you like to see used to further vet the expressions of
interest?
o Direct staff to engage with a particular proposer?
o Invite all or certain proposers to pitch their ideas and respond to
questions from the Town Board?
o Something else?
• Confirm whether there is a preference to retain ownership of the parcel
and enter into a long-term lease rather than selling the property?
• Whether to parse out the portion of the property with overhead
powerlines or include it in a lease or purchase?
RESPONSES
. Six received
One voluntarily withdrew after
learning about density limitations
3 Response # 1
• Respondent: Estes Park Housing Authority • "The dire need for all
forms of housing across a
• Purpose: Workforce Housing broad spectrum of income
levels is well know and
• Purchase or Lease?: Purchase documented in the 2023
Housing Need Assessment
and Strategic Plan. This
parcel could be an
additional development
opportunity to increase
the availability of
attainable housing stock
for the Estes Valley."
3 Response # 2
• Respondent: Hogback Distillery • "Having just purchased
857 Morane Ave, we
• Purpose: Parking for adjacent property would be interested in
• Purchase or Lease?: Lease portion of leasing a 40' wide
property section of land that
runs adjacent to ours
(i.e. where the water
and power lines run).
We would use this area
for customer parking."
3 Response #3
• Respondent: CMS Planning & Development • "...I would prefer to enter
into a development
agreement with the Town
• Purpose: Essentially, serve as Town's under which CMS would
contractor to sell off portion of the property provide development
services to create a
and use proceeds to develop housing and a development plan, rezone
Police Station on remainder of property. and subdivide the property,
sell the commercial lots on
Moraine, and provide final
• Purchase or Lease?: Neither design and construction
services for the police
station and apartments, if
desired."
3 Response #4
• Respondent: Nicholas Scritchfield • "I'm envisioning a low-impact
development plan that leaves
a majority of the property in
• Purpose: Create small storefront to showcase its natural state. By
and headquarter existing expedition and minimizing the building sizes
"packraft" rental businesses; space for new and creating beautifully
designed buildings that are
local environmental conservation non-profit connected by mostly natural
organization and other ecotourism businesses; walkways/trails, future
development could
accommodations for guests of businesses, complement the natural
volunteers, and participants. beauty of the landscape. I
would be happy to discuss my
vision for the property in
• Purchase or Lease?: Purchase through a more detail at your request."
lease-to-purchase agreement
3 Response # 5
Respondent: SpIOS LLC •• "This location will contribute to
• the Town's tourism by providing a
recognizable and trusted brand
• Pur pose: Establish a franchise location for a experience for visitors. wher
p they're stopping in for a quick
restaurant under the Ins p ire Brands snack on their way u explore
local attractions or fueling up with
umbrella. a hearty breakfast before
embarking on outdoor adventures
in the park, tourists can rely on
• Purchase or Lease?: Lease my franchise to deliver delicious
food, friendly service, and a
welcoming environment. All in all,
my plan for the property goes
beyond simply establishing a
franchise business; it's about
creating a vibrant and inclusive
space that enriches the lives of
residents, supports the local
workforce, and enhances the
allure of Estes Park as a premier
destination."
Questions for the Town
Board
• Which proposals are you interested in learning more about? Are there any
proposals you wish to eliminate from further consideration?
• What process would you like to see used to further vet the expressions of
interest?
o Direct staff to engage with a particular proposer?
o Invite all or certain proposers to pitch their ideas and respond to
questions from the Town Board?
o Something else?
• Confirm whether there is a preference to retain ownership of the parcel
and enter into a long-term lease rather than selling the property?
• Whether to parse out the portion of the property with overhead
powerlines or include it in a lease or purchase?
1111
THANK YOU
1111
Jason Damweber
Deputy Town Administrator
jdamweber@estes.org
ATTACHMENT 2
Name of entity or individual expressing interest? Contactname,email,and phone number of interested If you were to purchase or lease the property,what How would your plan for the property benefit the Town of Would you prefer to purchase the property or enter into a Would you prefer to purchase/lease the entire property Based on known information and limitations about the Any other information,thoughts,or questions you wish to
party? would you plan to do with it?(Please be as specific as Estes Park? long-term lease? or only the portion without overhead powerlines? site,what requirements would you have of the Town if share?
possible.) you were to enter into a purchase agreement or long-
term lease?
Estes Park Housing Authority Scott Moulton,smoulton@estes.org,970.591.2537 The parcel would be used for housing. The dire need for all forms of housing across a broad Purchase TBD TBD None at this time.
spectrum of income levels is well know and documented in
the 2023 Housing Need Assessment and Strategic Plan.This
parcel could bean additional development opportunity to
increase the availability of attainable housing stock for the
Estes Valley.
Hogback Distillery Graeme Wallace,graeme@hogbackdishllery.com 720-357- Having just purchased 857 Morane Ave,we would be Offer increased services on this west side of town. long term lease na na
9320 interested in leasing a 40'wide section of land that runs
adjacent to ours(i.e.where the water and power lines run).
We would use this area for customer parking.
CMS Planning&Development Frank Theis,ftheis3@gmail.com,(970)231-6200 Under a Development Agreement with the Town,CMS would By providing apartments available for Town employees and a Neither,I would prefer to enter into a development agreement The overhead power lines area could be either sold or leased The only requirements on the Town would be to provide all Is there a schedule for this project?
provide all services required to plat off a portion of the police station on the northern portion of the parcel,which with the Town under which CMS would provide development by the Town. available ownership and site information,make decisions in a
property along the Moraine Avenue frontage and sell it to would be partially paid for by selling 2-4 commercial lots on services to create a development plan,rezone and subdivide timely manner at critical milestones in the the process
generate funds to pay for the development and construction the Moraine frontage the property,sell the commercial lots on Moraine,and (preliminary&final designs,approval process scheduling,
of a police station and or apartments on the northern portion provide final design and construction services for the police sales pricing&listing,construction contracting,and other
of the parcel The apartments could be held under Town station and apartments,if desired. budgetary issues),and provide a staff liason to coordinate
ownership to provide housing for Town employees. with CMS.CMS would assemble a team of local surveyors,
engineers,architects,and a real estate attorney(probably not
local)to provide all services.
Nicholas Scritchfield Nicholas Scrilchfield,scritchnj@gmail.com,(715)220-7974 As the owner of two local adventure businesses,Rewilding I believe that a lease-to-purchase agreement for the entire My primary preference is to purchase the entire property My primary preference is to purchase the entire property.My My main request of the Town would be to consider a lease- This is a brief summary of my vision for the property and I'm
Expeditions(guiding)and Packraft Rocky(packraft rentals), parcel would be a great mutually beneficial financial option In through a lease-to-purchase agreement(duration negotiable).secondary preference would be to acquire/lease the small to-purchase agreement so that a small business owner like hopeful that you'll consider my proposed development plan.If
my immediate goal would be to use this property to build a the short-term the Town could collect monthly lease My secondary preference would be to enter into a long-term southwest comer with powerlines overhead.As l mentioned myself has an opportunity to acquire the entire parcel.Then,I the Town has any specific priorities or preferences,I would
small storefront This storefront would give me an opportunity payments and after an agreed upon duration(which I'm open lease for the larger portion of the property while setting up a above,acquiring the entire property would be mutually would request that the Town be open to zoning a portion of love to hear that feedback before you select potential
to showcase the unique services and ethos that set my to hearing your preferred duration),I could buy the property purchase agreement for the small southwest portion of the beneficial to my goals and the Town;however,I would love to the property for small-scale accommodations so that I can candidates for proposals or for acquisition.This is exactly the
businesses apart from others.This land would serve as a for a pre-determined purchase price I believe that this would property.My third preference would be to enter into long-term be considered for any sale/lease of a smaller portion of the offer a diverse mix of multi-day experiences that include type of opportunity that I have been waiting for,so I'm eager
headquarters for all of my current and future operations.As allow the Town to increase their total compensation for the lease options for either the entire property or the small parcel too. guided,rental and volunteer services.Lastly,I would request to continue discussing this matter in more detail.Thank you
an ecotourism-focused owner,my goal would be to use this parcel while giving a mission-oriented small business owner southwest corner that the Town be open to a more primitive development plan for reading through my expression of interest and ope to
property to help elevate sustainability and conservation- an opportunity to acquire the entire parcel and to develop it so that the aesthetic beauty of this property can be preserved hear from you soon!
minded businesses in Estes Park. responsibly. and so that it limits the need for unnecessary or expensive
improvements.
Looking ahead,I would plan to use this storefront as the main Over the long-term,I believe that my businesses could do
office for a new local environmental conservation non-profit more good for the town and for the environment than other
organization and several other ecotounsm businesses that I potential owner.My commitment to conservation and
am currently working to create My unique businesses would philanthropy would create long-lasting impacts far beyond the
benefit from having a property of this size and In this immediate financial benefits that the Town will receive from
strategically ideal location.Lastly,if I acquired the entire any purchase or lease agreements.If the Town prefers long-
parcel.I would like to add several small accommodations on term lease options for either the entire parcel or a smaller
the northern half of the property.These accommodations portion of the parcel,then I would be happy to discuss those
would allow future guests of my businesses an option for a options too.
nearly all-inclusive travel experience.Additionally,it would
allow me to host volunteers and participants of my future non-
profit programs on-site.At the storefront,the public could rent
equipment,participate on guided tops,volunteer for non-profit
projects,book ovemight accommodations,and join future
environmental and ecotourism-related services.
I'm envisioning a low-impact development plan that leaves a
majority of the property in its natural state.By minimizing the
building sizes and creating beautifully designed buildings that
are connected by mostly natural walkways/trails,future
development could complement the natural beauty of the
landscape.I would be happy to discuss my vision for the
property in more detail at your request
My preferred option would be a lease-to-purchase agreement
to acquire the entire property over a duration that the Town
finds beneficial(open for negotiation)If the Town prefers a
long-term lease,I would still prefer to have an agreement for
the entire property.If I am not selected to purchase the entire
property,I would like to emphasize my interest in at least
acquinng(or leasing)the small southwestern comer that may
become its own parcel.Although it is not my first preference,I
can't express enough how important it is for me to at least
acquire an area to use fora storefront.
This is a brief overview of what I would do as the owner of
this property.Please reach out to to discuss my vision in
more detail.
Spios,LLC Heather Chmura,chmuraheather@gmail.com,702-375-7958 My vision is to build and establish a franchise of a national As a local Estes Park resident and former franchisee of a My preference is to enter into a long-term lease at this time. My franchise concept does not require the portion with the Given the desire for a long term lease,I would love to start a I have called Estes Park home for nearly three years,and my
brand that both thrives as a business and becomes an national brand(Wetzel's Pretzels),I understand the needs However,I am open to a larger discussion about purchase if overhead power lines.Regardless,I will always work with the conversation on what it might look like to partner on the deep-rooted affection for this community knows no bounds.
integral part of the Estes Valley community,contributing to its and challenges within our community and building small this could lead to a greater impact for the Town.Since my Town to make sure EP Power has the clearance and safe public improvement items and utilities.I plan to fund the build My love for our community is enormous and l am so thrilled to
growth I have already secured a license fora brand under businesses My vision for the property involves creating a business needs only-1 acre(approximately half the size of access required. out of the store location on the property see what this property will transform into Our wonderful town
the Inspire Brands umbrella,and will be starting my first welcoming and vibrant establishment that becomes a go-to the lot in question),I am open to sharing the land with continues to grow and the opportunity to share it with so
store. destination for both residents and tourists alike. another local entrepreneur. many visitors,who bring their stories and unique
perspectives,thrills me.
I will build a modular store that matches town aesthetics and My franchise will actively engage with the community in
provides quick(drive-thru)access to residents and visitors meaningful ways-partnering with our local school district My entrepreneurial background starts as the youngest
As the town continues to grow,and the park continues to and organizations to support educational initiatives, franchisee of a Wetzel's Pretzels(at the age of 14),in Las
attract visitors,we need to ensure both groups have access sponsoring community events,and participating in local Vegas From a very humble beginning,I found myself in San
to safe,enjoyable,easy options for eating/drinking,while fundraisers.I will continue building lasting relationships and Francisco starting an early Artificial Intelligence company.
keeping traffic flowing efficiently become an even more integral,positive part of the greater After a tumultuous 2020,I landed in Estes Park as a tourist
Estes Valley community. and immediately felt like I was home.I knew this was a place
where I could build a life and raise a family.My fiance and I
This location will contribute to the Town's tourism by recently bought our first home in Little Valley,we are both
providing a recognizable and trusted brand experience for avid cyclists and contributors to the community.I am also an
visitors.Whether they're stopping in for a quick snack on their active member of the Estes Park Women's Club
way to explore local attractions or fueling up with a hearty
breakfast before embarking on outdoor adventures in the Now,three years later,I am drawn to return to my
park,tourists can rely on my franchise to deliver delicious entrepreneurial roots by bringing a franchise business to
food,friendly service,and a welcoming environment. Estes Park.However,for me,the brand represents much
more than a mere commercial venture—it serves as a
All in all,my plan for the property goes beyond simply conduit to give back to this incredible community that has
establishing a franchise business,it's about creating a vibrant already given me so much.My vision is to employ local
and inclusive space that enriches the hues of residents, residents,contribute philanthropically,and be a beacon of
supports the local workforce,and enhances the allure of unity for our mountain home
Estes Park as a premier destination.
While I may not offer the highest bid for this property,my
aspiration is to share my personal journey and contribute to
the ongoing development of Estes Park.Thank you sincerely
for considering my application and for taking the time to
engage with my vision for an even more vibrant and cohesive
community!
Brikwell Tyler Elick-tyler.elick@brikwell.com-303.668.7889 Construct 64-80 Affordable and workforce housing units We are looking to benefit the town by providing housing and Whichever the town prefers.We can utilize either purchase The entire property.Through design we may consider re- There are many tools that support the development of Thank you for considering our expression of interest,we look
configured as a 4 story structure,surface parked,with onsite helping address the following challenges presented in the or long-term lease structures. routing the power lines by moving poles,in coordination with Affordable housing which include fee incentives,soft funds, forward to a dialogue to ensure we are addressing current
(VOLUNARILY WITHDREW FROM CONSIDERATION amenities 2023 Housing Needs Assessment: the electricity company and town. offsite relief,etc.None of these would be requirements,but and future housing needs of the Town to the best of our
AFTER LEARNING MORE ABOUT DENSITY LIMITATIONS) Number of Unfilled Jobs—currently 737 we look forward to working with the Town and the Estes Park ability.
People commuting for work—currently 33% Housing Authority to create the most viable,thoughtful and
The number of households paying more than 30%of their quality outcome for the community.
incomurrently 58%for
renters
Rental Vacancy Rate—functional rental markets are typically
5-10%;current vacancy is
approaching zero
,......
A
EP
, .
TOWN OF E
PARIc_
Future Town Board Study Session Agenda Items
June 25, 2024
July 9, 2024 Items Approved — Unscheduled:
• Commercial/Residential Insurance • Arborist Licensing
Overview • Parking Enforcement Ordinance Updates
• Use of Town Property for Vendors • Liquor License Process
• Curb and Gutter Philosophy
July 23, 2024 • Hosted Short Term Rentals
• Governing Policies Updates • Stanley Park Master Plan Implementation
August 13, 2024 Items for Town Board Consideration:
• Trailblazer Broadband Construction • None
Update
September 10, 2024
• Project Scoping for Capacity
Improvements on the Big Thompson River
& Fall River
1 1�