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HomeMy WebLinkAboutPACKET Town Board 2025-03-25The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 25, 2025 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available or use the link above to access audio or read the transcript. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION Arbor Day Celebration. PROCLAMATION The Great Estes Park Duck Race. GRADUATION CEREMONY: 2025 COMMUNITY INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Hall, Public Information Officer Miller and Town Administrator Machalek present Participation Certificates. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. • POLICY GOVERNANCE MONITORING REPORT - POLICIES 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10 and 3.11. Board Policy 2.3 established reporting requirements for the Town Administrator under Policy Governance. The above policies are reported on annually in March. Prepared 2025-03-14 *Revised 2025-03-25 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. * CONSENT AGENDA: 1. Bills - https://dms/estes/org/WebLink/browse.aspx?id=253208. 2. Town Board Meeting and Study Session Minutes dated March 11, 2025. 3. Town Board Strategic Planning Study Session #1 Minutes dated March 13, 2025. 4. Estes Park Planning Commission Minutes dated February 18, 2025. 5. Resolution 21-25 Larimer County Contract Amendment for the Fish Hatchery Housing Project to remove restrictive American Rescue Plan (ARPA) language/requirements and extend the timeline to December 31, 2027. 6. Revisions to Town Board Policy 101 - Board Assignments. 7. Appointment to the Estes Park Housing Authority Board of Commissioners of Stacy Ciolli to complete a term expiring April 30, 2027. 8. Acceptance of Town Administrator Policy Governance Monitoring Report. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BASE FUNDING REPORT - ECONOMIC DEVELOPMENT & WORKFORCE COUNCIL. Director DePasquale. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. RESOLUTION 22-25 REGARDING ELKHORN PLAZA CONDOMINIUMS AMENDED PLAT, ELKHORN PLAZA CONDOMINIUM HOA, OWNER/APPLICANT. Senior Planner Hornbeck. B. ORDINANCE 03-25, ZONING MAP AMENDMENT, 1895 FALL RIVER RD, KINLEY BUILT LLC, OWNER/APPLICANT. Planner Washam. Applicant requests to rezone 2.29 acres from CO (Commercial Outlying) to A (Accommodations) for the proposed development of a 26-unit hotel. ACTION ITEMS: 1. RESOLUTION 23-25 INTERGOVERNMENTAL GRANT AGREEMENT WITH THE COLORADO ENERGY OFFICE FOR GRID HARDENING, BUDGETED. Director Bergsten and Line Superintendent Lockhart. Request approval of a Colorado Energy Office Federally funded $538,626 electric grid hardening grant and authorize staff to sign the grant agreement. REPORTS AND DISCUSSION ITEMS: 1. ANNEXATION REFERRAL – ELKHORN LODGE PHASE II. Senior Planner Hornbeck. Referral to Town Board, in accordance with the Municipal Annexation Act, of a petition to annex 40 acres of land into Town. REQUEST TO ENTER EXECUTIVE SESSION: For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24- 6-402(4}(e}, C.R.S ; and for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.R.S. - Springhill Suites Hotel (Olympus Lodge) Annexation Agreement. ADJOURN. TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: March 25, 2025 RE: Policy Governance Monitoring Report – Policies 3.1, 3.2, 3.4, 3.5, 3.6, 3.9, 3.10, 3.11 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Policy QUASI-JUDICIAL YES NO Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. Each March, I report on the following staff limitations: Policy 3.1 Customer Service Policy 3.2 Treatment of Staff and Volunteers Policy 3.4 Financial Conditions and Activities Policy 3.5 Asset Protection Policy 3.6 Emergency Town Administrator Backup and Replacement Policy 3.9 Communication and Support to the Board Policy 3.10 Capital Equipment and Improvements Programming Policy 3.11 Quality of Life This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. Travis Machalek Town Administrator Policy 3.1: The quality of life in the Town of Estes Park depends upon the partnership between residents, elected officials, and Town employees. Therefore, within the scope of his/her authority, the Town Administrator shall not fail to ensure high standards regarding the treatment of our residents. 3.1.1: The Town Administrator shall not fail to encourage the following basic attitudes in employees: 3.1.1.1 – The residents of the Town of Estes Park deserve the best possible services and facilities given available resources. 3.1.1.2 – Prompt action is provided to resolve problems or issues. “Prompt Action” shall be interpreted as: •Residents receive initial responses at a minimum acknowledging the receipt of the contact, within two business days •The appropriate process required to resolve the problem is initiated within three business days of receipt, whenever possible. 3.1.1.3 – Attention is paid to detail and quality service is provided that demonstrates a high level of professionalism. 3.1.1.4 – Each employee represents excellence in public service. 3.1.1.5 – Each employee is “the Town” in the eyes of the public. Status: Compliance Interpretation: I interpret this to mean that the importance of customer service is reinforced in training and in performance evaluations of all staff, and that all staff are held accountable for providing a high level of customer service. This does not mean that the customer always gets everything that they might request, but rather that Staff is polite, professional, responsive, and fair with all members of the public. Given the relatedness of all the subsections of 3.1.1, it is my interpretation that I may report on these limitations as a group. Compliance with the policy will be achieved when: 1. Customer issues are handled in a prompt, polite, and fair manner. 2. Complaints and/or concerns that the Town Board and Town Administrator receive about customer service regarding Town employees are minimal. Evidence: 1. Customer Service is included in the performance evaluations of all employees. ATTACHMENT 1 2. The Town Board and Town Administrator receive minimal customer service complaints from members of the public. Customer service complaints that are received are addressed in a prompt manner. 3. The Town Board, Town Administrator, and Executive Leadership Team receive compliments and letters of appreciation from customers. 4.Town employees complete mandated Service Elevated customer service training. 5. 83% of respondents to the Town’s 2023 Community Survey rated our Overall Customer Service positively (e.g. excellent/good). Report: I report compliance. 3.1.2: The success of Estes Park Town Government depends upon the partnership between residents, elected officials, and Town employees. Accordingly, regarding the treatment of residents and customers, the Town Administrator shall not: 3.1.2.1 – Fail to inform residents of their rights, including their right to due process, as they relate to the operations and responsibilities of the Town. 3.1.2.2 – Ignore community opinion on relevant issues or make material decisions affecting the community in the absence of relevant community input. 3.1.2.3 – Allow the community to be uninformed (or informed in an untimely basis) about relevant decision-making processes and decisions. 3.1.2.4 – Be disorganized or unclear with respect to interactions with the community. 3.1.2.5 – Ignore problems or issues raised by the community or fail to address them in a timely manner, where the Town Administrator has been delegated the authority to act (or to fail to inform the Board of issues where he/she may not have the authority to act). 3.1.2.6 – Allow incompetent, disrespectful, or ineffective treatment from Town employees. 3.1.2.7 – Unduly breach or disclose confidential information. Status: Compliance Interpretation: I interpret this to mean that residents are informed well in advance of any Town action; that Staff takes active steps to solicit and encourage public comment on matters of public policy and significant projects; that Staff treats all customers of the Town in a respectful and courteous manner; and that, within the restrictions of the law, Staff does not disclose confidential information. Due to the related nature of the sub-sections of 2.1.2, it is my interpretation that I may report on all of these limitations as a group, rather than individually. Compliance with the policy will be achieved when: 1. All public policy and significant project discussions include public outreach and involvement. 2. Issues raised by customers are dealt with promptly at a staff level, if possible, or are brought to the Town Board for consideration and discussion if necessary. 3. The biennial community survey is completed. 4. Staff does not disclose confidential information other than such disclosures required by law. Evidence: 1. Public meetings, community meetings, and outreach meetings held above- and-beyond regularly scheduled Town Board meetings. 2. Newspaper articles and press releases associated with public projects and policies. 3. Results from the biennial community survey. 4. Lack of legal actions from residents against the Town due to failure to provide due process. 5. Lack of any legal action against the Town for improper disclosure of confidential information. Report: I report compliance. Policy 3.2: With respect to the treatment of paid staff and volunteers, the Town Administrator may not cause or allow conditions which are unsafe, unfair, or undignified. Accordingly, pertaining to paid staff within the scope of his/her authority, the Town Administrator shall not: 3.2.1: Operate without written personnel policies that clarify personnel rules for employees. Status: Compliance Interpretation: I interpret this to mean that the Town has formal written personnel policies that are up-to-date with regard to current legal decisions, and that these policies are readily available to all employees. These personnel policies are not static and may be changed as needed in accordance with applicable law. Compliance with the policy will be achieved when: The Town has formal written personnel policies that cover the normal scope of employment issues. Evidence: 1. Town personnel policies are available to all employees on iTown and in the Human Resources office. 2. All personnel policies have been reviewed and approved by the Town Attorney (and CIRSA, if necessary). Report: I report compliance. 3.2.2: Fail to acquaint staff with their rights under the adopted personnel rules upon employment. Status: Compliance Interpretation: I interpret this to mean that all new employees are informed of Town personnel policies. Compliance with the policy will be achieved when: Every new employee is informed of the Town’s personnel policies. Evidence: 1. Town personnel policies are available to all employees on iTown and in the Human Resources office. 2. New employees are informed of the personnel policies as part of their on- boarding policies, including where to locate these policies. Report: I report compliance. 3.2.3: Fail to commit and adhere to the policies of Equal Employment Opportunity and Fair Labor Standards Act. Status: Compliance Interpretation: I interpret this to mean that the Town follows the strict interpretation of the EEO and FLSA. Compliance with the policy will be achieved when: The Town has no cases of legal non-compliance. Evidence: There have been no successful legal actions against the Town in the past year regarding any EEO or FLSA violations as an employer. Report: I report compliance. 3.2.4: Fail to make reasonable efforts to provide a safe working environment for employees, volunteers, and residents utilizing Town services. Status: Compliance Interpretation: I interpret this to mean that Town facilities are generally clear of safety hazards and are properly maintained. It is not possible to completely eliminate all hazards, but reasonable and prudent precautions are taken and plans are made to prevent and repair hazards. When a hazard is identified, prompt action will be taken to mitigate the hazard in an appropriate manner. Compliance with the policy will be achieved when: There are no known, unaddressed safety hazards in Town facilities and new hazards are addressed promptly. Evidence: 1. Successful loss control audit and property inspection from CIRSA. 2.Precautions are taken to prevent and correct hazards when a hazard is identified. Report: I report compliance. 3.2.5: Operate without written volunteer policies that clarify the responsibilities of volunteers and of the Town for all volunteers. Status: Compliance Interpretation: I interpret this to mean that the Town must have and use a written volunteer policy guiding the use of volunteers in the organization. Compliance with the policy will be achieved when: The Town has a written volunteer policy that is used to manage the Town’s volunteer program. Evidence: 1. Policy 207 (Volunteer Program) guides the use of volunteers in the organization. Report: I report compliance. Policy 3.4: With respect to the actual, ongoing condition of the Town government’s financial health, the Town Administrator may not cause or allow the development of fiscal jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly, the Town Administrator may not: 3.4.1: Expend more funds than are available. Status: Compliance Interpretation: I interpret this to mean that there have been no expenditures in excess of those approved in the adopted budget. Compliance with the policy will be achieved when: There are no expenditures in excess of those approved in the adopted budget, as amended by the Town Board. Evidence: 1. Town financial reports 2. Annual Comprehensive Financial Report Report: I report compliance. 3.4.2: Allow the General Fund and other fund balances to decline to a level below that established by the Town Board by adopted policy, unless otherwise authorized by the Board. Status: Compliance Interpretation: I interpret this to mean that the General Fund balance at the end of the fiscal year is at least 25%. This figure is based on the calculation of fund balance after all carry-over funds are included. Encumbered but not expended funds are excluded at the end of the year. Compliance with the policy will be achieved when: 1.The final ACFR shows a General-Fund fund balance of 25% or greater, unless otherwise authorized by the Board. 2. The adopted budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. Evidence: 1. The 2023 ACFR shows a 78.0% General-Fund fund balance at the end of 2023. 2. 2024 Budget Amendment #6 anticipates a 30.3% General-Fund fund balance at the end of 2024. 3. The 2025 adopted budget anticipates a 25.3% General-Fund fund balance at the end of 2025. Report: I report compliance. 3.4.3: Allow cash to drop to a level below that established by the Town Board by adopted policy, unless otherwise authorized by the Board. Status: Compliance Interpretation: I interpret this to mean that all Town funds have adequate cash available to settle all debts within the period for which they are due. Compliance with the policy will be achieved when: All payments are made on time from cash on hand. Evidence: 1. Town financial reports 2. Annual Comprehensive Financial Report 3. Monthly Cash and Investment Reserve Ratio Reports Report: I report compliance. 3.4.4: Allow payments or filings to be overdue or inaccurately filed. Status: Compliance Interpretation: I interpret this to mean that all payments or filings have been made on time and accurately. Compliance with the policy will be achieved when: All payments are made on time and accurately. Evidence: 1. Town financial reports 2. Comprehensive Annual Financial Report Report: I report compliance. 3.4.5: Engage in any purchases wherein normally prudent protection has not been given against conflict of interest and/or engage in purchasing practices in violation of state law or Town purchasing procedures. Status: Compliance Interpretation: I interpret this to mean that the Town has comprehensive purchasing policies to guide the expenditure of Town funds and that those policies are complied with. Compliance with the policy will be achieved when: The Town has adopted purchasing policies and all purchases are made in compliance with these policies. Evidence: 1. The Town’s adopted purchasing policies are available on iTown. 2. Annual Audit 3. Single Audit for federal funds Report: I report compliance. 3.4.6: Use any fund for a purpose other than for which the fund was established, unless otherwise authorized by the Town Board. Status: Compliance Interpretation: I interpret this to mean that any use of funds from a specific fund must be for the stated purpose of that fund, unless otherwise authorized by the Board. Compliance with the policy will be achieved when: All expenditures are made from the appropriate fund. Evidence: 1. Town financial reports 2. Annual Comprehensive Financial Report 3. Annual Audit Report: I report compliance. Policy 3.5: Within the scope of his/her authority and given available resources, the Town Administrator shall not allow the Town’s assets to be unprotected, inadequately maintained, or unnecessarily risked. Accordingly, he or she may not: 3.5.1: Fail to have in place a Risk Management program which insures against property losses and against liability losses to Board members, staff, and the Town of Estes Park to the amount legally obligates to pay, or allow the organization to be uninsured: 3.5.1.1 – Against theft and casualty losses, 3.5.1.2 – Against liability losses to Board members, staff and the town itself in an amount equal to or greater than the average for comparable organizations. 3.5.1.3 – Against employee theft and dishonesty. Status: Compliance Interpretation: I interpret this to mean that the Town has adequate insurance coverage to protect the organization, the Board, and staff from loss. Due to the related nature of the sub-sections of 3.5.1, it is my interpretation that I may report on all of these limitations as a group, rather than individually. Compliance with the policy will be achieved when: The Town maintains adequate insurance levels and suffers no unreasonable uninsured losses. Evidence: 1. Colorado Intergovernmental Risk Sharing Agency (CIRSA) Certificate of Participation 2. The Town has not incurred any unreasonable uninsured losses in the last year. Report: I report compliance. 3.5.2: Subject plant, facilities, and/or equipment to improper wear and tear or insufficient maintenance (except normal deterioration and financial conditions beyond Town Administrator control). Status: Compliance Interpretation: I interpret this to mean that Town facilities and equipment are properly maintained, subject to normal deterioration and financial conditions beyond Town Administrator control. I interpret this policy to include all physical buildings and utility infrastructure, but not transportation infrastructure or real property. Compliance with the policy will be achieved when: We have preventative maintenance programs for Town buildings, major building systems, utility infrastructure, and rolling stock. Evidence: 1. Ongoing capital improvement projects completed in the past year, as reported to the Board. 2. Preventative maintenance schedules for rolling stock. 3. Facilities maintenance projects completed in the past year, as reported to the Board. Report: I report compliance. 3.5.3: Receive, process, or disburse funds under controls insufficient to meet the Board-appointed auditor’s standards. Status: Compliance Interpretation: I interpret this to mean that there are no comments in the annual audit that raise the question of insufficient controls. Compliance with the policy will be achieved when: We have an audit with no relevant qualifying comments. Evidence: 1. Annual Audit comments Report: I report compliance. 3.5.4: Unnecessarily expose Town government, the Town Board, or staff to claims of liability. Status: Compliance Interpretation: I interpret this to mean that neither I nor Town staff take any action that results in unnecessary liability exposure. Compliance with the policy will be achieved when: There are no significant (greater than $25,000) claims paid as the result of unnecessary liability exposure. Evidence: There were no significant liability claims paid as the result of unnecessary liability exposure in the past year. Report: I report compliance. 3.5.5: Fail to protect intellectual property, information, and files from loss or significant damage. Status: Compliance Interpretation: I interpret this to mean that all Town information is protected adequately through firewalls, cyber security measures, and adequate backups. Non-electronic data is secured and protected at a level appropriate for information. Compliance with the policy will be achieved when: 1. We have no losses of data or information. 2. We have protocols in place to protect from cyber losses. Evidence: 1. We have had no significant losses or damage to information or files over the last year. 2. CIRSA loss control audit 3. Cyber security training conducted for all employees on a regular basis. 4. The Town purchases excess cyber security coverage from CIRSA. Report: I report compliance. 3.5.6: Acquire, encumber, dispose, or contract for real property except as expressly permitted in Town policy. Status: Compliance Interpretation: I interpret this to mean that I do not take any action to acquire, encumber, dispose of, or contract for real property without the express permission of the Town Board. Compliance with the policy will be achieved when: There are no real property transactions that are not approved by the Town Board. Evidence: 1. There were no property transactions in the last year that were not expressly approved by the Town Board. Report: I report compliance. 3.5.7: Allow internal control standards to be less than necessary to satisfy generally accepted accounting/auditing standards recognizing that the cost of internal control should not exceed the benefits expected to be derived. Status: Compliance Interpretation: I interpret this to mean that our internal controls are reasonable as interpreted by the Town’s annual audit. Compliance with the policy will be achieved when: The annual audit has no significant comments regarding internal controls that required a modified audit opinion. Evidence: The Town’s internal controls are in compliance with this requirement as evidenced by the clean audit opinions received in past years. There is nothing to indicate a deterioration in this condition for the year ended December 31, 2024. Report: I report compliance. Policy 3.6: In order to protect the Board from sudden loss of Town Administrator services, the Town Administrator may have no fewer than two (2) other members of the Town management team familiar with Board of Town Trustees and Town Administrator issues and processes. 3.6.1: The Deputy Town Administrator shall act in the capacity of Town Administrator in his/her absence. In the absence of the Town Administrator and Deputy Town Administrator a Town Department Director previously designated by the Town Administrator will act in the capacity of Town Administrator. Status: Compliance Interpretation: I interpret this to mean that I must officially designate two staff members to serve in my stead, should I not be able to perform the duties of my job. This designation is to be expressly designated in an internal operating procedure. Compliance with the policy will be achieved when: There is an adopted policy that specifies backups for the Town Administrator. Evidence: 1. Policy 203 – Town Administrator Backup and Replacement Report: I report compliance. 3.6.2: The Town Administrator shall provide the necessary training needed to enable successful emergency replacement. Status: Compliance Interpretation: I interpret this to mean that I must keep the backup Town Administrators well informed and well trained so that any of them could replace me in the event that I am not able to perform my official duties. Compliance with the policy will be achieved when: The two identified backup Town Administrators possess the requisite skills and knowledge to perform the duties of Acting Town Administrator in my absence. Evidence: 1. Policy 203 – Town Administrator Backup and Replacement 2.All of the identified backup Town Administrators are generally up-to-date on Town issues and understand the role of the Town Administrator in relation to the Town Board and the operation of the Town organization. Report: I report compliance. Policy 3.9: The Town Administrator shall not permit the Town Board to be uninformed or unsupported in its work. Accordingly, he or she may not: 3.9.1: Let the Town Board be unaware of relevant trends, anticipated adverse media coverage, material external and internal changes, and particularly changes in the assumptions upon which any Board policy has been previously established. Status: Compliance Interpretation: I interpret this to mean that the Town Board is appropriately informed of developments related to Town issues directly from myself or from the appropriate staff member. I also interpret this requirement to be limited to issues, events, media coverage, and other matters of which staff or I are aware of. Compliance with the policy will be achieved when: Town Board members are not surprised by any issue that staff or I was previously aware of. Evidence: 1. Weekly updates to the Board 2.Town Talk email to staff 3.Specific-subject communication to the Town Board when required to address an emerging issue. 4. Economic Dashboard Report: I report compliance. 3.9.2: Fail to submit monitoring data required by the Board (see Policy 2.3 – Monitoring Town Administrator Performance) in a timely, accurate and understandable fashion, directly addressing provisions of Board policies being monitored. Status: Compliance Interpretation: I interpret this to mean that I report monitoring data to the Town Board as outlined in the review schedule adopted in Policy Governance Policy 2.3 and that the format of the reports is acceptable to the majority of the Board. Compliance with the policy will be achieved when: Compliance reports are received by the Town Board in accordance with Governing Policy 2.3. Evidence: 1. All compliance reports over the last year were supplied to the Town Board within the required timeframe. Report: I report compliance. 3.9.3: Fail to establish a process that brings to the Town Board as many staff and external points of view, issues, and options as needed for informed Board choices on major policy issues. Status: Compliance Interpretation: I interpret this to mean that information presented to the Town Board must accurately reflect differing options and opinions involved in major policy decisions. Staff may make recommendations and may present recommended options to the Town Board. Compliance with the policy will be achieved when: Standard presentations and memos are structured to ensure that pros and cons are included and that there is a discussion of options available to the Town Board. Evidence: 1. Board observation and opinion 2. Use of standard memo format for all presentations Report: I report compliance. 3.9.4: Present information in unnecessarily complex or lengthy form. Status: Compliance Interpretation: I interpret this to mean that information presented to the Town Board has enough detail, and is presented clearly enough, for each member of the Board to be adequately informed when making a policy decision. I also interpret this requirement to mean that information should be focused on the information required for broad policy issues, not peripheral details. Each member of the Board may have a different preference for level of detail and how information is provided. I must strive to present information that meets the needs of all Board members, but may not maximize the needs or style of any one trustee at the expense of the other. Compliance with the policy will be achieved when: All members of the Board feel that they have received enough information to make policy decisions on any particular issue. Evidence: 1. Board observation and opinion 2. Use of standard memo format for all presentations Report: I report compliance. 3.9.5: Fail to provide support for official Town Board activities or communications. Status: Compliance Interpretation: I interpret this to mean that official Board activities and actions are clearly communicated to the public and there is a culture of transparency within Town Government. I am responsible not just for my own actions, but the culture throughout the organization. I am also responsible for the support provided to the Town Board through other staff, such as the Public Information Officer and the Town Clerk. Compliance with the policy will be achieved when: There is a culture of transparency among Town staff and it is demonstrated in our day-to-day actions. Evidence: 1. Board observation and opinion 2. Activities of the Public Information Officer through news media, social media, and other tools. Report: I report compliance. 3.9.6: Fail to deal with the Town Board as a whole, except when fulfilling individual requests for information. Status: Compliance Interpretation: I interpret this to mean that I do not play favorites with any members of the Board and that I treat each member of the Board fairly and respectfully at all times. I also interpret this to mean that I can have confidential conversations with any member of the Board, and that I respect that confidentiality. In order to be effective in my job in assisting the Town Board as a whole, Board members must have a level of trust that each can communicate with me openly without reservation. Compliance with the policy will be achieved when: Directions from the Town Board to the Town Administrator only come from the Board acting as a whole and each member of the Board feels that they are treated fairly and respectfully at all times. Board members feel that they can be open and honest with me in all communications. Evidence: 1. Board observation and opinion 2. Lack of instances where failure to comply with this requirement has resulted in issues with the Board, staff, or the public. Report: I report compliance. 3.9.7: Fail to report in a timely manner any actual or anticipated noncompliance with any policy of the Town Board. Status: Compliance Interpretation: I interpret this to mean that I notify the Board at the earliest possible opportunity when I am in noncompliance with any item described in the Staff Limitations section of the adopted Policy Governance policies, regardless of whether that noncompliance is intentional or unintentional. I interpret “earliest possible opportunity” to be relative to the materiality of the noncompliance. Major noncompliance issues that may have significant financial, legal, or political impacts on the Town should be reported as soon as possible. Minor, non-material items (such as “Partial Compliance” items in my monitoring reports) may be reported in a regularly scheduled report to the Board. Compliance with the policy will be achieved when: I make the Board aware of all actual or anticipated instances of non-compliance in a timely manner. Evidence: 1. Board observation Report: I report compliance. Policy 3.10: With respect to planning for and reporting on capital equipment and improvements programs, the Town Administrator may not jeopardize either operational or fiscal integrity of the organization. Accordingly, he or she may not allow the development of a capital program which: 3.10.1: Deviates materially from the Town Board’s stated priorities. Status: Compliance Interpretation: I interpret this to mean that staff does not pursue any capital projects or equipment that materially deviate from the key outcomes, goals, and objectives adopted by the Town Board within the Strategic Plan. Compliance with the policy will be achieved when: All capital improvements and purchases of capital equipment can be directly tied to the Town Board’s Strategic Plan and no expenditures are made or planned for the annual budget that are not supportable under the current Town financial resources. Evidence: 1. Adopted Budget for capital projects and equipment 2. Adopted Capital Improvement Plan 3.Vehicle Replacement Fund, which budgets and plans for multi-year funding of capital vehicle purchases. Report: I report compliance. 3.10.2: Plans the expenditure in any fiscal period of more funds than are conservatively projected to be available during that period. Status: Compliance Interpretation: I interpret this to mean that we are conservative with our budgeting and that we do not overstate revenue or understate expenditures. Compliance with the policy will be achieved when: We do not exceed our budgeted expenditures. Evidence: 1. Annual Comprehensive Financial Report 2. Adopted Annual Budget Report: I report compliance. 3.10.3: Contains too little detail to enable accurate separation of capital and operational start-up items, cash flow requirements and subsequent audit trail. Status: Compliance Interpretation: I interpret this to mean that the Town’s adopted budget and subsequent accounting separates out capital expenses, operating expenses, and other expenses. Compliance with the policy will be achieved when: The annual budget and financial reports provide adequate information to see the separation of capital expenses, operating expenses, and other expenses. Evidence: 1. Annual Audit 2. Published Adopted Annual Budget 3.Financial Reports Report: I report compliance. 3.10.4: Fails to project on-going operating, maintenance, and replacement/perpetuation expenses. Status: Compliance Interpretation: I interpret this to mean that the Town has an annual budget and an annual Capital Improvement Plan that are both active and maintained. Compliance with the policy will be achieved when: We have a robust and repeatable budget and capital improvement planning process that result in an adopted budget document and an adopted capital improvement plan. Evidence: 1. Adopted Capital Improvement Plan 2. Adopted Annual Budget Report: I report compliance. 3.10.5: Fails to provide regular reporting on the status of the budget and on the progress of each active project, including data such as changes and the financial status of each project, including expenditures to date. Status: Compliance Interpretation: I interpret this to mean that staff should regularly report back to the Town Board on the progress of major projects that are currently planned or underway. This requirement does not apply to day-to-day operational activities. Compliance with the policy will be achieved when: The Board feels adequately informed about ongoing projects. Evidence: 1. Reports to the Board at regular Town Board meetings 2. Weekly Board updates from the Town Administrator 3.Specific emails regarding emerging issues that are relevant to the Board’s work 4. Study Sessions with the Board as needed Report: I report compliance. Policy 3.11: With respect to Town government’s efforts to improve the quality of life for the community, the Town Administrator shall not fail to plan for implementing policies of the Board regarding economic health, environmental responsibility, and community interests. Status: Compliance Interpretation: I interpret this to mean that I provide for the implementation of the Town Board’s Strategic Plan. Compliance with the policy will be achieved when: The Town Board’s Strategic Plan is substantially implemented, allowing for modifications based upon circumstances or resource levels that are outside of the Town Administrator’s control. Evidence: 1. Observation and opinion of the Town Board Report: I report compliance. Town of Estes Park, Larimer County, Colorado, March 11, 2025 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 11th day of March, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Greg White, Special Counsel Bunny Victoria Beers, Deputy Town Clerk Absent: Town Attorney Dan Kramer Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Hazelton/Younglund) to approved the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Board comments were heard and have been summarized: The Police Department held their annual awards banquet and provided awards to staff and service pins to Police Auxiliary; gratitude was shared for the Larimer County Sheriffs Department who provided local area coverage and emergency dispatch to allow all department employees the ability to attend the ceremony; the Citizen Information Academy was in progress and an award ceremony would take place on March 25th; the Estes Valley Community Center hosted a Women’s Fair on International Women’s Day to celebrate the achievements of local women; the public were encouraged to attend the next Trustee Talk with Mayor Pro Tem Cenac and Trustee Younglund; the Board were encouraged to attend Municipal Court; Visit Estes Park (VEP) has filled three staff vacancies, are discussing ways to handle chatter regarding RMNP’s summer season, and ways to coordinate with RMNP on distributed content; VEP has deployed a tourism marketing tool which ties advertisements to visitation for future economic impact data and have embarked on a 6E storytelling series on lodging tax impacts to the community; and Estes Park Housing Authority Board of Director applicants would be interviewed. Colorado Association of Ski Towns (CAST) held a Legislative meeting where Governor Polis stated he would advocate for keeping RMNP open . Additional topics discussed included: a decline in drug and crime rates in Denver, 2024 spending, house price ranks across the state, aging populations, unemployment wage percentages, and proposed bills. TOWN ADMINISTRATOR REPORT. The first of two Town Board Strategic Planning Sessions would be held on March 13, 2025. CONSENT AGENDA: 1.Bills. DR A F T Board of Trustees – March 11, 2025 – Page 2 2.Town Board Meeting and Study Session Minutes dated February 25, 2025. 3.Transportation Advisory Board Minutes dated December 18, 2024 and February 5, 2025 (acknowledgment only). 4.Resolution 18-25 Seventh Modification to the Reimbursable Agreement (DTFH6814E00004) with the Central Federal Lands Highway Division of the Federal Highway Administration for the Downtown Estes Loop Project. 5.Estes Valley Public Library District Board Appointment of Peter Benton to complete the term of Marlys Polson beginning March 11, 2025 and ending December 31, 2027. It was moved and seconded (Igel/Hazelton) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1.RESOLUTION 19-25 ESTABLISHING 2025 SEASONAL PAID PARKING AND PARKING PERMIT FEES. Manager Klein presented the 2025 seasonal paid parking program and parking permit fees. Staff recommended no significant change s or expansion to the 2024 paid parking program. Paid parking was proposed to begin May 23, 2025 and run through October 19, 2025 from the hours of 10:00 a.m. to 5:00 p.m., Monday through Sunday, at $2.00 per hour. Parking would be implemented in 682 total spaces in Town Hall, Bond Park, E. Riverside, Virginia, Post Office, Wiest, and Tregent parking lots. Permit rates and availability as follows: Staff highlighted the following: 69% of public parking in Estes Park and 33% of parking in the downtown core would remain at no charge; all spaces for persons with disabilities and vehicles displaying Americans with Disabilities (ADA) placards or Disables Veterans (DV) license plates would remain at no charge and without a time limit; motorcycles parking in designated motorcycle parking spaces would continue to be exempt from fees; Town Hall, the Estes Valley Library and the Post Office would continue to have dedicated spaces without charge for patrons; and residents/locals who reside in the Estes Park School R-3 District would continue to be eligible for 120 minutes of parking at no charge each day in the paid parking areas. Staff stated a letter of support was not directly requested from the Transportation Advisory Board (TAB) as had been done in previous years and would solicit input for future items. Discussion ensued regarding lack of TAB input, continuing the item to a future meeting to receive input, changes to the downtown area from construction updates, and RMNP timed entry impacts to traffic flow. After further discussion, it was moved and seconded (Hazelton/Younglund) to approve Resolution 19-25, and it passed with Trustee Brown and Igel voting “No”. 2.RESOLUTION 20-25 6E FUNDING REQUEST FOR EVICS TUITION ASSISTANCE PROGRAM. Manager Bangs presented a $250,000 funding request from the Estes Valley Investment in Childhood Success (EVICS) from 6E funds for Childcare Tuition Assistance. EVICS budget for the tuition assistance program was projected at $329,212. Staff recommended a $200,000 expenditure from 6E Workforce Housing and Childcare Lodging Tax, Childcare Assistance funds. Staff anticipated results of DR A F T Board of Trustees – March 11, 2025 – Page 3 the cost modeling analysis in April 2025 which would be provided to the Board for direction on the Middle AMI program.. Rut Miller, EVICS Executive Director spoke regarding the organizations vision, mission and support to the community. She reviewed how funding would assist EVICS in maintaining services to support low- income families. EVICS anticipated the Colorado Child Care Assistance Program (CCCAP) would remain frozen in 2025 which has provided assistance to local families in the past. She reviewed the anticipated childcare need in 2025 including: an increase in capacity by 26 spots, projected childcare costs, summer program demands , and spoke regarding EVICS position to administer the Middle AMI program. Board comments and questions have been summarized: clarification was requested on who would be best suited to administer the Middle AMI program; the reasoning behind a staff recommendation for an amount less than the total request; how school enrollment numbers have impacted child care needs; outreach efforts and ways to serve all demographics within the community; the local financial impacts when the Town or other organizations step up to support families impacted by state and other funding freezes and gaps; and details on the timeline for the cost modeling analysis. It was moved and seconded (Igel/Hazelton) to approve Resolution 20-25, and it passed unanimously. Whereupon Mayor Hall adjourned the meeting at 8:42 p.m. Gary Hall, Mayor Bunny Victoria Beers, Deputy Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado March 11, 2025 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 11th day of March, 2025. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Special Counsel Greg White Absent: Town Attorney Kramer Mayor Hall called the meeting to order at 5:45 p.m. STANLEY PARK MASTER PLAN AND PERFORMING ARTS CENTER Director Hinkle provided a summary of the February 25, 2025 Study Session where the Performing Arts Guild presented to the Board a request to build a Performing Arts Center “Encore” on the Stanley Park property. Board discussion ensued and has been summarized: The Board expressed their support for this project; voiced concerns on various items such as raising the needed funds for the project and the desire to have a financial commitment before a formal decision can be made; questioned what would the town be sacrificing by allowing the arts center to use the land; questioned if it was the right location for this project; questioned the exit strategy in the event the project does not come to fruition; and raised concerns with parking, shuttling of attendees to the different events; and the need to relocate events. The Board expressed an interest in receiving more insight as to the positive and negative results from a performing arts center in comparison to the other events that are held in town. As there were additional questions and uncertainty amongst the Board, an outline of parameters and a master plan update with an ad alternate would be presented to the Board at an upcoming meeting with the date to be determined. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested the removal of the Town Board email from the future study session list. It was requested and determined that the presentation on the Police Department facility would be held on May 13, 2025.. The Estes Park Health update has been moved to approve/unscheduled.. Trustee Brown requested an executive session to discuss the Olympus Lodge Annexation which would be scheduled for the March 25, 2025 Town Board meeting. COMMENTS & QUESTIONS. No additional comments or questions. There being no further business, Mayor Hall adjourned the meeting at 6:34 p.m. Gretal Campbell, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado March 13, 2025 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 13th day of March, 2025. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Attending: All Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, Directors Bergsten, Careccia, Fetherston, Hinkle, Muhonen, and Zimmerman, Chief Stewart, PIO Miller, and Town Clerk Williamson Absent: None Mayor Hall called the meeting to order at 1:00 p.m. INTRODUCTION TO STRATEGIC PLANNING FOR 2025. Town Administrator Machalek provided an overview of the strategic planning process including a review of the Mission, Vision, Outcome Areas, and Strategic Policy Statements in the first meeting and the second meeting would include a review of the goals and objectives created by staff to advance the outcome areas outlined by the Town Board. The 2026 approach would be a deliberate process to ensure the number of objectives does not overwhelm the capacity of the departments. 2026 budget forecast continues to see stability with the exception of items out of the Town’s control at the federal level. REVIEW MISSION, VISION, AND OUTCOME AREAS. The Board reviewed the Mission, Vision, and Outcome Areas of the Town and no feedback was presented with the Mission and Vision. REVIEW STRATEGIC POLICY STATEMENTS. Exceptional Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play with housing available for all segments in our community. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We support a wide range of housing opportunity with a particular focus on broad spectrum of affordable workforce housing. Statement 2: We support the needs of our senior community, including housing. Statement 5: We expand our open space and public park infrastructure, and improve and maintain the durability, functionality, and efficiency thereof. Statement 7: We prioritize community accessibility for residents and guests from diverse cultures, and residents and guests with disabilities. Statement 9: We value and work to preserve, share and respect the unique history of Estes Park and consider that history in our decision making process. Governmental Services and Internal Support - We provide high-quality support for all municipal services. The following Strategic Policy Statements were reworded, added or deleted: DR A F T Town Board Study Session – March 13, 2025 – Page 2 Statement 4: We strive to ensure that the membership of our appointed Boards and Commissions reflects the diversity of the community. Statement 8: We operate with transparency by maintaining open communication with all community members and proactively making Town information available to the public. Outstanding Guest Services - We are a preferred Colorado mountain destination providing an exceptional guest experience. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We value broad collaboration with our partners in providing outstanding guest services. Statement 2: We provide and support a diverse selection of high-quality events that attract guests to the Town and support our Mission. Statement 3: We strive to balance the impacts of visitation with the needs and quality of life of our residents. Statement 5: We contribute to an exceptional guest experience through high-quality visitor services. Public Safety, Health, and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. The following Strategic Policy Statements were reworded, added or deleted: Statement 3: Removed as Statement 1 captures the objective. Statement 4: We value the importance of maintaining a local emergency communication center to serve the Estes Valley. New Statement: We value redundancy and collaboration in the provision of dispatch and law enforcement services. New Statement: We value the importance of maintaining a municipal law enforcement department. New Statement: We recognize substance abuse in our community and schools is an ongoing issue and work with local and regional partners to improve awareness, treatment, and education. Robust Economy - We have a diverse, healthy, year-round economy. The following Strategic Policy Statements were reworded, added or deleted: Statement 4: We value the importance of a vibrant, attractive, and economically viable downtown. Town Financial Health - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. The following Strategic Policy Statements were reworded, added or deleted: Statement 2: We make data-advised financial decisions. Transportation - We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We value the development and maintenance of a safe, sustainable, accessible, and efficient multimodal transportation network. DR A F T Town Board Study Session – March 13, 2025 – Page 3 Statement 3: We will address traffic congestion throughout the Town. Statement 4: We effectively communicate with residents and guests about parking and transportation options. Utility Infrastructure - We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We provide safe, high-quality, reliable and redundant water service. Statement 2: We provide safe, high-quality, reliable, and sustainable electric distribution service. Statement 5: We provide access to high-speed, high-quality, reliable Trailblazer Broadband service. New Statement: We effectively and efficiently manage stormwater. Town Administrator Machalek provided details for the next steps of the strategic planning process and there being no further business, Mayor Hall adjourned the meeting at 2:30 p.m. Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado, February 18, 2025 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on February 18, 2025. Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Jeff Robbins Attending: Commissioners Cooper, Pawson, Mulhern, Robbins, Community Development Director Steve Careccia, Planner Kara Washam, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund, Town Board Liaison Frank Lancaster. Public Works Development Review Engineer Jennifer Waters Absent: Arterburn Chair Cooper called the meeting to order at 1:30 p.m. INTRODUCTIONS AGENDA APPROVAL It was moved and seconded (Robbins/Mulhern) to approve the agenda. The motion passed 4-0. CONSENT AGENDA APPROVAL It was moved and seconded (Robbins/Pawson) to approve the consent agenda. The motion passed 4-0. PUBLIC COMMENT: One comment was received earlier in the day. Planner Washam will address this in her staff report. Chair Cooper announced that Kinley Homes built his house 8 years ago but did not see a reason to recuse himself. ACTION ITEM Rezone 1895 Fall River Road Planner II Washam The Applicant, Kinley Built, LLC, requests to rezone the subject parcel from CO (Commercial Outlying) to A (Accommodations). The proposed development project includes demolishing the existing office structure and constructing a new three-story hotel building with a mechanical area in the basement. The hotel will consist of 26 accommodation units and two staff housing units. A conceptual site plan and building elevations are included with this rezoning application. Vehicular access is provided from Fall River Road. The existing access to the property will be realigned with the property to the south, as requested by the Colorado Department of Transportation (CDOT). The three criteria for rezoning have been met. •Changes in condition: The 2022 Comprehensive Plan updated the property’s designation from Commercial to Mixed Use, indicating accommodations as suitable for the area, •Compatibility with the Comprehensive Plan: The proposed development aligns with policies encouraging medium-to high-density accommodations that enhance the local economy while preserving the environment, •Adequate services. Service providers confirmed the ability to supply necessary infrastructure and services without adverse effects. Staff requested approval of the Rezone request. DISCUSSION: Chair Cooper confirmed that the property location is within town limits; the annexation date was not known. Wildlife habitats should not be further impacted as the property already exists. Accommodation (A) zoning was recommended over A1 because the room Planning Commission – February 18, 2025 – Page 2 request was more than eight. Pawson asked for clarification on the change in condition and how wildlife will be protected. Director Careccia explained that all plans are looked at when researching staff reports. The Comprehensive Plan and other master plans (such as those related to open space, transportation, and utilities) are essential—they serve as guiding documents. When we adopt a new plan, especially one developed with extensive public input (like the Comprehensive Plan, as mentioned by Commissioner Mulhern), we refer to that Plan as our guide. If a new plan suggests different guidance for a particular area, we consider that a change of condition. We then look at how to implement that plan best. If rezoning is part of that, we’ll review it to see if it’s supportable. If so, we will support it. It was moved and seconded (Mulhern/Robbins) to recommend approval of the Rezone request to the Town Board with conditions, according to findings recommended by Staff. The motion passed 4-0. ACTION ITEM Development Plan 1895 Fall River Road Planner II Washam The Applicant proposes a development project that includes demolishing the existing office structure and constructing a new three-story hotel building with a mechanical area in the basement. The hotel will consist of 26 accommodation units and two staff housing units. The hotel will include a meeting room, spa, lobby, and other customer support spaces. Exterior building materials will be traditional to the area, consisting of stone and wood-look fiber-cement siding in darker, earth-tone colors. The roof will be made of standing seam metal and flat roofs concealed by parapets. All exterior lighting will be shielded and deflected downward per EPDC §7.9. The area of disturbance is limited to the southern region, avoiding the steep slope to the north. Retaining walls will be incorporated into the design of the hotel. Existing access to the site is from Fall River Road and will be realigned with the access drive at the parcel to the south side of the road. Thirty-eight (38) off-street parking spaces are required, pursuant to EPDC § 7.11. Thirty-four (34) spaces are provided, with the Applicant requesting approval of a Minor Modification for a ten percent (10% reduction) in required off-street parking. In addition, the Applicant requests approval of a Minor Modification to the required twenty-five feet (25’) landscape buffer along the frontage, citing significant topographical constraints. The Applicant requests a 6.14’ encroachment. Staff requested approval of the Development Plan and Minor Modifications. DISCUSSION: Concerns were raised regarding the impact on wildlife and the specifics of habitat corridor management. The application complies with wildlife mitigation measures, including fencing and landscaping. Public Works Development Review Engineer Jennifer Waters addressed stormwater management issues. There is a plan to utilize a grassy swale for water quality treatment before discharge into a culvert and eventually into Fall River. Public Works confirmed that CDOT did not recommend a crosswalk due to safety concerns related to road curvature. Kyle Pollock from Galloway Engineering further explained the stormwater runoff and impervious coverage stating that there is negligible change from current conditions. It was moved and seconded (Robbins/Mulhern) to approve the Development Plan and Minor Modifications, with conditions, according to findings recommended by Staff. The motion passed 4-0. DISCUSSION: Director Careccia reviewed the Development Code update process, emphasizing the importance of public engagement. The Planning Commission will play a significant role in offering feedback on various drafts throughout the project. Planning Commission – February 18, 2025 – Page 3 Trustee Liaison Lancaster invited the Commissioners to a joint meeting between the Planning Commission and Town Board to discuss the changes in conditions for rezoning. Another topic will hopefully be workforce housing. This meeting aims to enhance communication and facilitate better collaboration and decision-making. It has been tentatively scheduled for March 18, following the regular PC meeting. Mulhern requested information on the “super majority” vote at the Town Board meeting. Commissioners expressed appreciation for the thorough presentations and discussions. There being no further business, Chair Cooper adjourned the meeting at 2:50 p.m. _________________________________ Chuck Cooper, Chair Karin Swanlund, Recording Secretary ADMINISTRATION Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing & Childcare Manager Date: March 25, 2025 RE: Resolution 21-25 Larimer County Contract Amendment for the Fish Hatchery Housing Project to remove restrictive American Rescue Plan (ARPA) language/requirements and extend the timeline to December 31, 2027. PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Expenditure QUASI-JUDICIAL YES NO Objective: Consider an amended contract regarding grant funds from Larimer County to support the Fish Hatchery Workforce Housing Project. Present Situation: On March 12, 2024 the Town Board approved an agreement with Larimer County to receive $2 million in funding for the development work for the Fish Hatchery Housing Project. The Town previously submitted a grant proposal to Larimer County to receive a portion of American Rescue Plan Act funding in the amount of $2,000,000 to assist with expenses associated with the Fish Hatchery Workforce Housing development. Larimer County awarded the Town of Estes Park these funds to assist in the construction and other related project costs for the project, demonstrated in Attachment 2. As a recipient of these funds, the Town identified Estes Park Housing Authority as the developer for the Fish Hatchery Housing Project and a subgrantee of the funds. The Town has already received these funds from Larimer County and reimburses Estes Park Housing Authority’s expenditures as described in our MOU with the organization. The MOU with EPHA will be amended to reflect the changes with Larimer County and brought to the Town Board at a future meeting. Proposal: The amended contract with Larimer County is attached (Attachment 3). This amended contract more accurately reflects the requirements of the Town as a grant recipient, including removal of the restrictive ARPA-related language while keeping with the original intent and spirit of the grant. Because the funds awarded are not actually derived from the County’s ARPA allocation, they are not subject to the same restrictions. This is important because ARPA funding must be spent by the end of 2025. The amended contract also extends the timeline to December 31, 2027 while including milestones that track with the intentions in the original agreement with Larimer County for these projects. Advantages: • Removes restrictive language and requirements related to federal ARPA funds • Extended timeline to fully vet phase one of the project Disadvantages: None. Action Recommended: Approval of Resolution 21-25. Finance/Resource Impact: None. Level of Public Interest Moderate. Sample Motion: I move for the approval/denial of Resolution 21-25. Attachments: 1. Resolution 21-25 2. LINK - Original Contract and Exhibits 3. LINK - Amended Contract and Exhibits RESOLUTION 21-25 A RESOLUTION APPROVING A REVISED GRANT AGREEMENT WITH LARIMER COUNTY FOR THE FISH HATCHERY HOUSING PROJECT WHEREAS, the Town Board approved an agreement with Larimer County to receive $2 million in funding for the development work for the Fish Hatchery Housing project on March 12, 2024; and WHEREAS, the Town identifies Estes Park Housing Authority as the developer for the Fish Hatchery Housing Project; and WHEREAS, the amended contract with Larimer County more accurately reflects requirements of the Town as a grant recipient, including removal of the restrictive ARPA- related language. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the grant agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 GRANT AGREEMENT THIS AGREEMENT is made and entered into this ____day of _________, 2025 by and between Larimer County (“County”) as GRANTOR and the Town of Estes Park, 170 MacGregor Ave. Estes Park, CO 80517, as GRANTEE WHEREAS, Larimer County seeks to make grants to small businesses, non-profit organizations, and other eligible organizations directly impacted by, or to provide services to, individuals directly impacted by the effects of the COVID-19 Pandemic; and WHEREAS, the last housing needs assessment conducted for the Estes Valley indicated the need for a significant increase in housing units to address housing shortages for the local workforce; and WHEREAS, the Board of County Commissioners recognizes the need to create more workforce housing in order to support a stable, year-round economy in the Estes Valley; and WHEREAS, The Town of Estes Park plans to construct a housing development in the Town of Estes Park that will provide dedicated workforce housing units and is an initial start to addressing the shortage of housing available for the Estes Valley local workforce; and WHEREAS, the Town of Estes Park submitted a proposal to the County which provides a public benefit and is intended to alleviate the impacts of the COVID-19 pandemic; and WHEREAS, the Fish Hatchery Workforce Housing Development, as currently envisioned, will create approximately 190 new workforce housing units on property owned by the Town of Estes Park and located within in the Estes Valley; and WHEREAS, the workforce apartments in the development will also have a rental cap set at 120% Area Median Income (AMI) but most are expected to be between 80-100% AMI, with the potential for the development of ownership housing units with targeted AMI ranges of 80-150% AMI; and WHEREAS, the project has been divided into phases in order to facilitate a smooth timeline for development of the Fish Hatchery Site and Phase One is set to begin at the beginning of 2024; and WHEREAS, the award is for assistance in construction and other related project costs for the Fish Hatchery Workforce Housing Development; and WHEREAS, the awarded funds are not subject to the American Rescue Plan Act or regulations thereunder, or any other federal grant program, but are awarded by the County in its sole authority and discretion and are subject only to generally applicable laws and regulations as well as the terms of this Grant Agreement. NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows, THE PARTIES AGREE: 1.The Award. The County will award and release to the Town of Estes Park, hereafter referred to as GRANTEE, a sum of up to $2,000,000.00 (the “Grant”) pursuant to the payment terms in Section 4. This Grant Agreement supersedes and replaces the Grant Agreement between the Town and the County dated March 19, 2024, which is hereby terminated. 2.Use of Funds. Grant funds in the amount of up to $2,000,000.00 will be used by GRANTEE for the sole purpose of Phase One of the project which will include robust community outreach, predevelopment work for the Fish Hatchery Site such as site evaluation, site and building plans, ATTACHMENT 3 permitting and other related work, as described in the proposal and Approved Budget submitted by GRANTEE, attached hereto as Exhibit A and Exhibit B (together the “Approved Expenses”), respectively, and by this reference incorporated herein. Grantee agrees to make good faith efforts to complete the project according to the timeline in Exhibit C. 3.Term. Program and expenditures must be performed from January 1, 2024 through December 31, 2027. 4.Payment of Funds. a.Funds will be paid to the Grantee on the following schedule, unless documented program demand requires earlier funds distribution after the initial payment: i.50% of total funds paid after January 30th, 2024 and by February 6th, 2024: $1,000,000.00 ii.50% of total funds paid July 9th, 2024, and by July 16th, 2024: $1,000,000.00 b. The payment of the funds to be awarded as outlined in Section 1, has been disbursed in two separate payments on the above outlined schedule to GRANTEE for Approved Expenses actually incurred and paid by GRANTEE in accordance with this Agreement in a total cumulative amount not to exceed $2,000,000.00 (the “Total Agreement Funds”). c.County shall have the right to refuse approval of expenses as detailed in a submitted quarterly report and recoup funds already transmitted to GRANTEE for work that is not specifically set forth in the Approved Expenses. Program funds shall not be expended prior to the Effective Date or following the earlier of the expiration or termination of this Agreement. d.Costs incurred shall only be as necessary and allowable to carry out the purposes and activities of the Approved Expenses and may not exceed the maximum set in each line item of the Approved Budget without first seeking prior approval of County and will demonstrate that the adjusted line item will not increase the total of the Approved Budget or must provide evidence of secured funding for the overage amount from the total of the Approved Budget. e.Invoices or Documentation for Spending Funds. On or before the twentieth (20th) day of the fourth month of each fiscal quarter and in any event no later than thirty (30) days after the earlier of the expiration or termination of this Agreement, GRANTEE shall submit to the County a quarterly expenditure report, and all invoices or other applicable documentation, as outlined below, for the most recent quarter ended, to the County, setting forth actual expenditures of GRANTEE in accordance with this Agreement. Within ten (10) working days from the date it receives such invoice, the County may determine an expense(s) as disallowed by notifying GRANTEE of the disallowed expense(s) and reason(s) therefore. Such notice of disallowed expense(s) will be provided in accordance with Section 27, Notice. If expenses are approved, no notice will be given. i.Invoices for Payroll – if the GRANTEE is submitting a reimbursement request for payroll cost for employees of the GRANTEE, the documentation shall include timesheets and pay statements with personally identifiable information of the employee redacted that will include, at minimum, dates and hours worked and total compensation paid, including benefits if such costs are requested for reimbursement by the GRANTEE. For paid time off, sick leave allowances, and other costs documentation shall include at least the number of hours and the hourly rate value of the time granted. ii.Invoices for Materials, Equipment, or Services – If the GRANTEE is utilizing funds for the purchase of materials or services, the documentation shall include vendor invoices and proof of payment such as a cleared check, bank statement, or electronic funds transfer receipt. iii.If the funds are authorized in the proposal and Approved Budget (Exhibits A and B) to reimburse GRANTEE for the purchase of a building or property, appropriate documentation includes a purchase agreement, deed, or other document reflecting the real estate purchase. iv.If the GRANTEE is expending funds for administrative overhead and/or indirect costs to implement this project, that item shall be itemized in a quarterly budget report and aggregate expenditure for this item shall be no more than 10% of the total award. f.The GRANTEE must spend all awarded funds by the end of the term of this Agreement. The GRANTEE has provided the County a set of timing milestones it intends to meet, to demonstrate it is on track to properly spend all the funds by the deadline. 5.GRANTEE Representations. a.GRANTEE warrants that it has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE’s performance under this Agreement. b.GRANTEE is obligated to satisfy the obligations set forth in its proposal, attached as Exhibit A. c.GRANTEE represents and warrants to County that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and/or municipal laws. The County will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. d.GRANTEE represents and warrants to County that the funds are necessary to accomplish the financial requirements of the project. e.GRANTEE shall maintain a financial management system and financial records and shall administer funds received pursuant to this Agreement in accordance with all applicable federal and state requirements. GRANTEE shall adopt such additional financial management procedures as may from time to time be prescribed by County if required by applicable laws, regulations, or guidelines from its funding sources. GRANTEE shall maintain detailed, itemized documentation and records of all income received and expenses incurred pursuant to this Agreement. f.Any item of expenditure by GRANTEE under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of County, or the County’s external Auditor, to be improper, unallowable, in violation of federal or state law or the terms of this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities of GRANTEE, shall become GRANTEE’s liability, to be paid by GRANTEE from funds other than those provided by County under this Agreement or any other agreements between County and GRANTEE. This provision shall survive the expiration or termination of this Agreement. g.Final payment request(s) under this Agreement must be received by County no later than thirty (30)days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by County after this date without authorization from County. In consideration of the execution of this Agreement by County, GRANTEE agrees that acceptance of final payment from County will constitute an agreement by GRANTEE to release and forever discharge County, its agents, employees, representatives, affiliates, successors and assigns from any and all claims, demands, damages, liabilities, actions, causes of action or suits of any nature whatsoever, which GRANTEE has at the time of acceptance of final payment or may thereafter have, arising out of or in any way relating to any and all injuries and damages of any kind as a result of or in any way relating to this Agreement. GRANTEE’s obligations to County under this Agreement shall not terminate until all closeout requirements are completed to the satisfaction of County. Such requirements shall include, without limitation, submitting final reports to County and providing any closeout-related information requested by County by the deadlines specified by County. This provision shall survive the expiration or termination of this Agreement. 6.Cooperation in Monitoring and Evaluation. a.County Responsibilities. County shall monitor, evaluate, and provide guidance and direction to GRANTEE regarding the conduct of Approved Services performed under this Agreement. GRANTEE has the responsibility to determine whether GRANTEE has spent funds in accordance with applicable laws, regulations, including the federal audit requirements and agreements. County shall monitor the activities of GRANTEE and provide assistance to GRANTEE to meet such requirements. County may require GRANTEE to take corrective action if deficiencies are found. b.GRANTEE Responsibilities. i.GRANTEE shall permit County to carry out monitoring and evaluation activities, including any performance measurement system required by applicable law, regulation, or funding sources guidelines, and GRANTEE agrees to ensure, to the greatest extent possible, the cooperation of its agents, employees and board members in such monitoring and evaluation efforts. This provision shall survive the expiration or termination of this Agreement. ii.GRANTEE shall maintain records and submit to the County related to the following: 1.Itemized invoices paid to contractors or for goods or services that are paid for with County funds or which otherwise are necessary to confirm compliance with federal, state, or local requirements. c.GRANTEE shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of County and GRANTEE agrees to ensure to the extent possible the cooperation of its agents, employees and board members in any such reviews and audits. This provision shall survive the expiration or termination of this Agreement. d.Grantee shall be responsible for ensuring compliance with law. 7.Reports/Accountability/Public Information. GRANTEE must allow the County, its auditors, and other persons authorized by the County to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local laws. GRANTEE will retain such records for seven (7) years after receipt of final payment under this Agreement unless permission to destroy them is granted by the County. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the County. a.GRANTEE shall provide County with a copy of GRANTEE’s most recent audited financial statements, federal Single Audit report, if applicable (including financial statements, schedule of expenditures of federal awards, schedule of findings and questioned costs, summary of prior audit findings, and corrective action plan, if applicable), and management letter within thirty (30) days after execution of this Agreement and thereafter within nine (9) months following the end of GRANTEE’s most recently ended fiscal year. 8. Permits and Compliance with Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project. It is the responsibility of the GRANTEE to be familiar with all applicable laws, restrictions, and obligations pursuant to this agreement. 9. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the County for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the County’s personnel policies and may not be considered a County employee for workers’ compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the County or otherwise bind the County in any way. 10. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the County may terminate this. Agreement if the default is not cured within fifteen (15) working days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the County any Grant funds already delivered to GRANTEE for the project. The County may terminate this agreement at any time for convenience upon 30 days written notice and may refuse reimbursement for work or services performed outside the scope and terms of the American Rescue Plan or the terms of this Agreement. 11. Limitation on GRANTEE’s Damages; Time for Asserting Claim. a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide County with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 12. Representatives. a. County’s Representative. The County’s Representative for the purpose of this Agreement shall be the Budget Director, or such other individual as County designates in writing. Whenever approval or authorization from or communication or submission to County is required by this Agreement, such communication or submission shall be directed to the County’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when County’s Representative is not available, GRANTEE may direct its communication or submission to other designated County personnel or agents and may receive approvals or authorization from such persons. b.GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Carlie Speedlin Bangs (The Town of Estes Park Housing & Childcare Manager) or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be provided to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, County may provide its direction or communication to other designated GRANTEE personnel or agents. a)Indemnity/Waiver of Claims/Insurance. In the event of an action filed against County resulting from the County’s performance under this Agreement, the County may elect to represent itself and incur all costs and expenses of suit. b)GRANTEE also waives any and all claims and recourse against the County or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement. c)These obligations shall survive termination of this Agreement. d)In addition to and independent from the above, GRANTEE shall at GRANTEE’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Colorado which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. e)The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the County without limit and without regard to the cause therefore and which is acceptable to the County and GRANTEE shall furnish to the County an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: •Workers’ Compensation – statutory •Employers’ Liability $1,000,000 each accident •$500,000 Disease-Policy Limit •$100,000 Disease-Each Employee •Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate f)Larimer County, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to County and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The County must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify County within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 13.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GRANTEE represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Colorado Equal Pay Act). GRANTEE must report to the County any violations of the Colorado Equal Pay Act that Grantee has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14.Public Meetings and Access to Public Records. a. Meetings and documents of GRANTEE that pertain to the receipt or expenditure of Grant funds from the County, shall comply with the open meeting requirements of Colorado law and the Colorado Open Records Act. 15.Integration and Modification. This document, including all documents incorporated by reference, contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of County. 17.No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assignees. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 18.Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado without regard to conflict of law provisions. 19.Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 21.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 22.Fund Availability: Financial obligations of the County and of the GRANTEE payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available by the U.S. Treasury. If funds are not appropriated, budgeted, or made available, this Contract shall immediately terminate without further obligation on the part of the County or the GRANTEE. GRANTEE acknowledges that all funding obligations herein are contingent on County’s receipt of sufficient federal funding. 23.Governmental Immunity: No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, notice requirements or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq. as applicable now or hereafter amended. There is no intent to waive or restrict governmental immunity. 24.Prohibition of Pledging Credit and No Aid to Corporations: Pursuant to Colorado Constitution Article XI, Sections 1 and 2 and Article X, section 20, the County and the GRANTEE shall not indemnify or hold harmless the other or any party related or operating under this Contract. No provision in the Contract shall limit or set the amount of damages available to the County to any amount other than the actual direct and indirect damages to the County, regardless of the theory or basis for such damages. Any provision included or incorporated herein by reference which purports to negate this provision in whole or in part shall not be valid or enforceable or available in any action at law or equity, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by this provision shall not invalidate the remainder of the Contract. 25.Notice: All notices shall be in writing and shall be deemed to have been sufficiently given or served when presented personally, by email, or by mail to designated contact set forth below. Such addresses may be changed by notice to the other party given the same manner. i.If to County: ii.If to GRANTEE: Joshua Fudge, Performance, Budget and Strategy Director Larimer County 200 W. Oak Street Fort Collins, CO 80521 fudgejm@co.larimer.co.us Carlie Speedlin Bangs, Housing & Childcare Manager Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 cbangs@estes.org IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. LARIMER COUNTY GRANTOR _______________________ Clerk to the Board Date: __________ Date: February 24, 2025 Date: __________ _______________________ Larimer County Chair APPROVED AS TO FORM: ______________________ Assistant County Attorney Larimer County TOWN OF ESTES PARK GRANTEE _______________________ Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Exhibit A Project Proposal Town of Estes Park Proposal- ARPA Funding: Phase One of the Fish Hatchery Workforce Housing Project Project Summary Utilize Town-owned property (approximately 22 acres) to construct a workforce housing development of up to 190 rental units in partnership with the Estes Park Housing Authority (EPHA). Current Status After pursuing a development partnership following a 2021 RFP process, the Town of Estes Park, in cooperation with the Estes Park Housing Authority, chose to not move forward with the selected partner to develop the Fish Hatchery site, given changing conditions in both the financial markets, dramatic increases in constructions costs and interest rates, and market demand. The Town of Estes Park now anticipates entering into an agreement with EPHA to facilitate the development of a workforce housing project. Both the Town of Estes Park and the Estes Park Housing Authority seek to leverage work efforts from 2021-2023 to jumpstart the new direction. EPHA anticipates pursuing Low-Income Housing Tax Credits (LIHTC) to develop a portion of the site in coordination with our development partners. Ultimately, we plan to construct up to 190 rental units, most of which would be restricted to the local workforce and have rents between 30-150% of the area median income. While it is difficult to determine at this time because of changing economic circumstances, we expect the total project cost would be approximately $65-70 million dollars. Phase One of this project includes robust community outreach, required predevelopment work, and substantial reports including: • Traffic Study • Environmental • Market Needs Assessment • Wildlife Assessment • Geotechnical Subsoils • Cultural Resource Inventory (if needed) What local/regional problem or opportunity would ARPA funds help address? ARPA funds would help address the Estes Valley’s workforce and attainable housing crisis. The 2023 Housing Needs Assessment and Strategic Plan have outlined the following: • The Estes Valley needs 1,220 additional or preserved dwellings to meet the existing demand and an additional 1,500 dwellings by 2030 with demand being driven by anticipated retiring workforce and job growth. • The Housing Strategic Plan identifies a 5-year target of developing between 300 and 400 dwellings. Town of Estes Park Contributions In addition to utilizing the Town-owned property valued at approximately $2.5 million (2021), the Town is willing to leverage the use of 6E Lodging Tax revenues to help finance the project. Additionally, we anticipate waiving eligible development review fees and allowing tap fees to be amortized over a 10-year period (estimated around $4 million). Preliminary estimates for funding Phase One equal $2,025,000. ARPA Funding Request $2 million to fund Phase One of the workforce housing project to include robust community outreach, predevelopment work, and substantial predevelopment reporting. Any additional funding, including the $25,000 budgeted and anything beyond that in Phase One, will most likely be funded through 6E Tax dollars and/or grants. 6E funds are voted upon annually by both the Town of Estes Park Board of Trustees and the Larimer County Board of County Commissioners. In 2024, the Funding Plan outlines the approval to use 6E revenue for the predevelopment of Town and EPHA-owned property. Timeframe EPHA anticipates pursuing Low-Income Housing Tax Credits (LIHTC) to develop a portion of the site in coordination with development partners. This funding process will dictate the timing and ability to begin construction of this project as soon as feasible. Phase One is expected to take two years and we hope to begin construction in 2025. Exhibit B Project Budget Cost Estimate Project Management $200,000.00 $500,000.00 Civil Survey + Platting Boundary Survey $18,000.00 complete Preliminary Plat $15,000.00 Final Plat $75,000.00 Access Legal Description and Exhibit - Subtotal $108,000.00 Civil Engineering - Development Plan Grading + Utility Plans $200,000.00 Preliminary Drainage Plan + Report $10,000.00 Erosion Control Plan $5,000.00 Meetings/Hearings $25,000.00 Subtotal $240,000.00 Site Plans Final Drainage Report Street + Utility Plan + Profile Subtotal $400,000.00 Construction phase support Final Townhome Map/Set Pins Subtotal $40,000.00 Landscape Plan $50,000.00 Additional Reports Traffic Study $10,000.00 Soils/Geotechnical Subsoils Report $18,500.00 complete Market Needs Assessment $28,000.00 Level One Environmental Site Assessment $6,500.00 complete Wildlife Study $5,000.00 Cultural Resource Inventory Public Outreach $35,000.00 Subtotal $103,000.00 Legal $200,000.00 Total $1,841,000.00 Townhome + Site Design (Plans + Elevations) Civil Engineering - Construction Drawings Civil Engineering - Construction Administration Conceptual Project Cost Estimate Phase One: two year conceptual and predevelopment project phasing 10% Contingency $184,100.00 Phase One Total $2,025,100.00 Exhibit C Project Timeline Milestone Date Days to Complete 2/19/2025 1 3/24/2025 1 3/26/2025 1 5/25/2025 60 7/9/2025 45 7/29/2025 20 8/28/2025 30 11/11/2025 75 12/11/2025 30 2/9/2026 60 3/11/2026 30 4/25/2026 45 6/9/2026 45 8/8/2026 60 9/7/2026 30 10/22/2026 45 11/21/2026 30 12/21/2026 30 1/20/2027 30 2/19/2027 30 4/15/2027 55 Description Scheduled Evacuation Meeting w/ community Scheduled National Park Meeting Scheduled Neigborhood Meeting Revisions based on Neighborhood and NPS Feedback Civil and Submittal Docs Assembled Submit 1st Application to Town 1st Review – Staff returns 1st round review comments 2nd Submittal – Applicant submits revised applications 2nd Review – Staff returns 2nd round review comments 3rd Submittal – Applicant submits revised applications 3nd Review – Staff returns 2nd round review comments Planning Commission – PC makes recommendation on preliminary plat to TB and takes action on Development Pla Town Board – TB takes action on preliminary plat 1st Submittal – Applicant submits final plat application 1st Review – Staff returns 1st round review comments 2nd Submittal – Applicant submits revised applications 2nd Review – Staff returns 2nd round review comments Town Board – TB takes action on final plat Final Drawings – applicant submits final, signature-ready documents Recording – Town records applicable documents Construction Start Date (Weather Dependent given the Elevation) County Milestone Schedule an (i.e. conditional approval subject to Final Plat approval) Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 25, 2025 RE: Town Board Policy 101 – Board Assignments PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER - Policy QUASI-JUDICIAL YES NO Objective: To update appointments to boards, committees, commissions and liaison positions as outlined in the draft policy. Present Situation: The policy was last updated in April 2024 after the last Town election to outline appoints for the new board. Two appointments contained expiration dates specifically called out in the policy: •Larimer County Regional Opioid Abatement Council – Younglund, 2/14/2025 •Larimer County Solid Waste Policy Council – Lancaster, 11/30/2024 Proposal: Staff contacted Larimer County staff to discuss the appointments and was notified the Town could reappoint Trustee Younglund to a two-year appointment as outlined in the IGA between the Town and the County, and that the Larimer County Commissioners had sunsetted the Solid Waste Policy Council. Policy 101 has been updated to extend Younglund’s appointment to February 14, 2027 and to remove the Larimer County Solid Waste Council. A few minor clean up items have also been addressed. Advantages: •Ensures Policy 101 is updated and current with no expired terms. Disadvantages: •None. TOWN CLERK’S OFFICE Action Recommended: Approve the revisions to Policy 101. Finance/Resource Impact: None Level of Public Interest: Low Sample Motion: I move to approve Policy 101 as revised. I move to deny Policy 101 as revised. Attachments: 1.Policy 101 Division of Responsibilities – Redlined Division of Responsibilities 03/25/2025 Revisions: 18 Town of Estes Park, Town Board Governance Policies Page 1 of 4 Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: 03/25/2025 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 1.Purpose: The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2.Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a)Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3.Assignment To Committees of The Board of Trustees (committees comprised solely of members of the Board of Trustees) a)Assignments to Audit Committee: At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) b)Assignment to Special Committees: Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Estes Park Municipal Code 2.08.020) 4.Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) 5.Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been ATTACHMENT 1 Division of Responsibilities 03/25/2025 Revisions: 18 Town of Estes Park, Town Board Governance Policies Page 2 of 4 approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 6.Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board”. 7.Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8.Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 9.Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment shall be approved by the Town Board, with preference for the Utilities Director per PRPA Resolution 07-19. Division of Responsibilities 04/23/202403/25/2025 Revisions: 1718 Town of Estes Park, Town Board Governance Policies Page 3 of 4 Board Assignments Mayor Pro-Tem - _Trustee Cenac_ _____________ Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Park Planning Commission Trustee Lancaster Steve Careccia Advisory/ Decision Making Estes Park Board of Adjustment Trustee Brown Steve Careccia Decision Making Rooftop Rodeo Committee Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Inc. n/a Derek Fortini Outside Police Auxiliary Trustee Igel Ian Stewart (Interim) Working Group Transportation Advisory Board Trustee Igel Greg MuhonenDana Klein Advisory Estes Valley Restorative Justice Trustee Hazelton Becky WellerMelissa Westover (Interim) Working Group Estes Park Board of Appeals Trustee Younglund Steve Careccia Advisory/ Decision Making Sister Cities Trustee Younglund n/a Working Group Estes Park Housing Authority Board of Commissioners Trustee Brown n/a Outside Division of Responsibilities 04/23/202403/25/2025 Revisions: 1718 Town of Estes Park, Town Board Governance Policies Page 4 of 4 Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Hall Mayor Pro Tem Cenac Trustee Brown Travis Machalek Advisory Colorado Association of Ski Towns (CAST) Voting Designee – Trustee Cenac Alt Designee – Trustee Hazelton n/a Outside Platte River Power Authority Board of Directors Mayor Hall Reuben Bergsten Outside Estes Chamber of Commerce Economic Development and Workforce Council Trustee Brown & TA Machalek or Designee n/a Outside Larimer County Regional Opioid Abatement Council Trustee Younglund expires 02/14/20275 Outside Larimer County Solid Waste Policy Council Trustee Lancaster expires 11/30/2024 n/a Outside Local Marketing District (Visit Estes Park) Trustee Hazelton n/a Outside Regional Transportation Infrastructure Funding Task Force Trustee Igel n/a Outside Larimer County Behavioral Health Policy Council Mayor Hall n/a Outside ___________________________________ Gary Hall, Mayor ______ Date TOWN CLERK’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: March 25, 2025 RE: Appointment to the Estes Park Housing Authority Board of Commissioners of Stacy Ciolli to complete a term expiring April 30, 2027 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the recommended appointment of Stacy Ciolli to the Estes Park Housing Authority (EPHA) Board of Commissioners. Present Situation: The Town Clerk’s office was notified by the Estes Park Housing Authority (EPHA) that Tariq Bhatti submitted his resignation from the EPHA Board. The Colorado State Statute requires the current vacancy to be filled by a member of the community receiving benefits from the EPHA due to the Authority managing 300 plus units, which was met with the addition of Fall River Village. The Town Clerk’s Office advertised for the vacant position on the EPHA Board. Two applications were received and the interview committee, consisting of Trustee Brown and Trustee Lancaster with Scott Moulton/EPHA Executive Director, conducted interviews on March 14, 2025. Proposal: The interview committee recommends the appointment of Stacy Ciolli to complete the term of Tariq Bhatti expiring April 30, 2027. Advantages: Filling the position would complete the seven-member Board. Disadvantages: If the appointment is not made, the position would remain vacant until additional applications are received, and interviews conducted. Action Recommended: Appoint Stacy Ciolli to a term expiring April 30, 2027. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Stacy Ciolli to the Estes Park Housing Authority Board of Commissioners for a term expiring April 30, 2027. Attachments: None. Estes Park Economic Development and Workforce Council Quarterly Update Presentation prepared for: Town of Estes Park Board Meeting March 25, 2025 Presented by: Colleen DePasquale, President, Estes Park Chamber of Commerce Christina Kraft, Chair of EDWC, Market President , Bank of Colorado Estes Park Why is Economic Development important? -The health of your business community is the lifeblood of a community -It’s less expensive to keep current businesses vs. attracting new ones -A healthy workforce system helps people get ready for jobs, fill jobs and find jobs -A vibrant economy means residents get to go to work, they have housing and childcare options, they have the dignity of putting a roof over their family’s heads, food on their table and opportunity to provide value to Estes Park while building a career Estes Park is better community with a team focused on Economic Development, Business Retention, Entrepreneurial Education and Workforce Development Economic Development and Workforce Council Council Members •Adam Crowe, Larimer County •Bill Brown, Town Trustee •Christina Kraft, Bank of Colorado Market President, Chair •Diane Muno, business owner, investor, Secretary •Ingrid Bush, business owner, chamber board representative •Rebecca Gelsinger, Visit Estes Park •Nick Smith, business owner •Jason Damweber, Deputy Town Administrator Economic Development and Workforce Council 2024 highlights •Began building Hospitality Training Program to elevate workforce including General Hospitality and Position specific training •Developed & distributed EDWC monthly newsletter •Redesigned BASE program - offered for 2024/2025 program •Conducted business surveys to capture needs to existing businesses - created workshops based on feedback •Designed & offered mini-class (SPRINT) in July: Modern Strategies for Managing Small Business Profit and Cash Flow •Collaboration with county and state partners to elevate Estes Park’s presence •Conducted site selection visit with Larimer County •Conducted Business training in collaboration with SBDC •Council & Colleen completed Economic Development work throughout 2024 •Colleen member of Larimer & Weld Business Retention & Expansion cohort, co-facilitated recent retreat •Colleen member of NoCo REDI, Larimer County Workforce Development Board, recently appointed to Executive Committee Economic Development and Workforce Council 2025 highlights •Developed 2025 Operating Plan including metrics: Education, Case Working, Workforce recruitment & Retention, Communication & Outreach and Funding •Designed Welcome events for Seasonal & J1 workforce scheduled for 5/20 and 6/16 •Will refine 2025/ 2026 BASE program - working with facilitator and BASE graduates •Will offer Sprint “Critical & Strategic Thinking” in April or May •Held workshops on Strategic Marketing for Small Businesses, CO Green Business Network, Larimer County Business Services, Human Resources (compliance) •Created Hospitality Training Program with AHLEI to elevate workforce including General Hospitality and Position specific training - will roll out 4/14 •Developed Case Working process and goals for 2025 - tracking progress through ChamberMaster •Submitted USDA Rural Business Development Grant on 2/28 - expect notification late summer •Committed to holding four workshops with SBDC (two completed with Lori Wiles by 3/26) •Hired Operations Manager, 3/17 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Date: March 25, 2025 RE: Resolution 22-25 Regarding Elkhorn Plaza Condominiums Amended Plat, Elkhorn Plaza Condominium HOA, Owner/Applicant PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider a proposed amended subdivision plat, review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the application. Present Situation: The subject property consists of three parcels: 540 and 550 West Elkhorn Avenue and an undeveloped, unaddressed parcel to the north. In total, the property is 1.14 acres in size and currently zoned CO (Outlying Commercial). The northern parcel was acquired by the HOA in 1971, is undeveloped, lies largely within the special flood hazard area (100-year floodplain), and is subject to an EPDC river setback of 30 feet, making any substantial improvements in the future unlikely. The two southern parcels, 540 and 550 West Elkhorn Avenue, contain two residential condominium buildings built in 1968 and 1970, with a total of 15 units. The two parcels were rezoned from RM (Multifamily Residential) to CO (Outlying Commercial) in 2024, consistent with the northern property. In 2024 the Board of Adjustment approved variances for the property to allow the existing decks to be replaced with larger decks that encroach into the required 30’ river setback and side/rear setbacks. Proposal: An application has been submitted by the owner’s association on behalf of the individual owners to combine the three parcels, amend the limited and general common elements to accommodate larger decks, and vacate an easement. The statement of intent Vicinity Map Zoning Map Subject Property E-1 CO-PUD A RM CO-PUD W. Elkhorn Ave Subject Property Zoned CO W. Elkhorn Ave Table 1: Zoning and Land Use Summary COMPREHENSIVE PLAN ZONING USES SUBJECT PARCEL Downtown CO (Outlying Commercial) Residential/Short Term Rentals NORTH Downtown A (Accommodations) Accommodations/ Undeveloped SOUTH Downtown A (Accommodations) Accessory Use to Accommodations EAST Downtown A (Accommodations) Undeveloped WEST Downtown A (Accommodations) Accommodations (Attachment #3) indicates a desire to combine the subject parcels into a single parcel to be consistent with the property’s condominium declarations. New decks are being constructed to replace the previous 50-year-old decks. The decks are being expanded beyond their current footprint, which will necessitates amending the plat to expand the limited common element associated with each continuum unit owner’s portion of the deck. A final component to the amended plat is the vacation of the road easement shown on the west side of the western building. According to the statement of intent, this easement appears to have been created for access to the northern parcel, which is no longer needed given the unified ownership of the parcels. Section 3.9.D.1.b. of the EPDC states “to qualify as an Amended Plat, no additional lots or building sites may be created, nor any lots that do not comply with zoning standards or other requirements of this code. An Amended Plat must not include easement or right-of-way vacation or dedication, involve more than five (5) lots, or necessitate new or modified public improvements; such plats shall be considered final subdivision plats under subsection 3.9.C, above, and shall require a public hearing before the Town Board of Trustees.” The subject application involves vacation of an easement and involves more than five lots (i.e. the existing 15 condominium lots) so is therefore not eligible for staff-level review. The amended plat application follows the standard development approval process set forth in §3.2 of this Chapter, except that Step 4 (EPPC Review and Action) does not apply. Advantages This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 “Subdivisions” and Chapter 10 “Subdivision Standards”: 1. Compliance with Zoning Standards. The subject application meets CO zoning standards and is conforming in lot size and other dimensional standards. 2. Comprehensive Plan. The subject property is Downtown in the Estes Forward Comprehensive Plan's Future Land Use Map. No changes to the use of the property are proposed with this subdivision. 3. Utility Standards. Existing utility service is adequate to serve the use and no changes are warranted or anticipated. Disadvantages No disadvantages have been identified. Action Recommended: Staff recommends approval of Resolution No. 22-25. Finance/Resource Impact: None. Level of Public Interest Public interest in this item appears to be low. A neighborhood and community meeting regarding the rezoning project was held on April 12, 2024. Two owners attended but no neighbors or anyone else with concerns/questions attended. In accordance with the notice requirements in the EPDC, notice of the Town Board meeting was published in the Estes Park Trail-Gazette, on March 7, 2025. Notice was mailed to all required adjacent property owners on March 5, 2025. As of this writing, no public comments have been received. Any public comments received will be posted to: https://estes.org/currentapplications Sample Motion: I move that the Town Board of Trustees approve Resolution No. 22-25. I move that the Town Board of Trustees deny the application, finding that [state findings for denial]. I move to continue Resolution No. 22-25 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Resolution No. 22-25 2. Application 3. Statement of Intent 4. Final Subdivision Plat 5. Preliminary Subdivision Plat 6. Neighborhood Meeting Summary RESOLUTION 22-25 A RESOLUTION APPROVING THE ELKHORN PLAZA CONDOMINIUMS AMENDED PLAT WHEREAS, an application for the Elkhorn Plaza Condominiums Amended Plat was filed by the Elkhorn Plaza Condominiums Home Owners Association; and WHEREAS, the Elkhorn Plaza Condominiums Amended Plat proposes combining three (3) lots into a single lot in the CO (Outlying Commercial) Zoning District; and WHEREAS, the Elkhorn Plaza Condominiums Amended Plat proposes vacating an unused road easement; and WHEREAS, the Elkhorn Plaza Condominiums Amended Plat proposes amending the limited and general common elements on the plat; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on March 25, 2025 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the testimony, application, evidence, and documents submitted at the hearing; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Elkhorn Plaza Condominiums Amended Plat is hereby approved. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 Page 1 of 1 STATEMENT OF INTENT AMENDED CONDOMINIUM MAP THE ELKHORN PLAZA ASSOCIATION Being a portion of the Northeast Quarter of Section 26, and the Northwest Quarter of Section 25, Township 5 North, Range 73 West of the 6th P.M., Town of Estes Park, Larimer County, Colorado. December 5th, 2024 PROJECT LOCATION: 540 and 550 West Elkhorn Avenue OWNER: Elkhorn Plaza Association PROJECT DESCRIPTION FOR THE ELKHORN PLAZA CONDOMINIUMS AMENDED CONDOMINIUM MAP: This Amended Condominium Map request came about from a desire to rebuild the decks at the Elkhorn Plaza Condominiums. The decks are over 50 years old now and in need of replacement. The condominiums were built in 1968 and 1970. The decks are small by current standards, so the owners would like to rebuild the decks a little bigger, ten feet wide, as opposed to replacing them at varying widths of 5’-4” – 6’ as they are now. In order to expand the decks, they need to also amend the condominium map to reflect the changes. Unfortunately the current decks are already in violation of the 15’ rear yard setback and the 30’ Fall River setback. Any expansion would require a variance to both setbacks. A variance application was submitted in January of 2024 and approved by the Board of Adjustment at their meeting on March 5, 2024. This condomap submittal reflects the variances given for the river setback, side yard setback and rear setback. The only difference is that the rear lot lines of the condominium lots are being eliminated by joining them with the vacant lot to the north. Therefore, only the river setback and the side yard setback are still applicable. The owners would like to combine the lots into one lot to be consistent with the declarations. This would formally include, into the HOA, the separate vacant lot to the north that the association acquired in 1971. This separate lot is triangular shaped and mostly in the floodplain along the Fall River. Combining the lots allows them to create more deck and stair space between the two buildings and north of Building A, outside of the river setback. Also, if the property is ever redeveloped in the future, the property will be more conforming to modern approaches as to size and can accommodate a larger development without the constraints of the current property lines. Another item noted on the map is the vacating of a road easement on the west side of Building A. This road easement appears to have been created for access to the northern triangular lot that is being absorbed into the condominiums. There would be no purpose to it anymore since the easement was to gain access to that triangular piece and the condominums not only own it, but it is now part and parcel of the condominiums. Thank you for your consideration of this proposal. Sincerely, Joseph W Coop, Van Horn Engineering Attachments: Amended Condominium Map Pages 1&2, Preliminary Condominium Map-Site Only ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 1043 Fish Creek Road • Estes Park, Colorado 80517 • 970-586-9388 • E-mail: info@vanhornengineering.com April 16, 2024 Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Attn: Community Development RE: Elkhorn Plaza 540 and 550 West Elkhorn Avenue Neighborhood Meeting April 12, 2024 We held a neighborhood meeting on April 12, 2024 for the Elkhorn Plaza 540 and 550 West Elkhorn Avenue Rezoning project. The owners showed, but no neighbors or anyone else with concerns/questions. Attendees raised no questions pertaining to the project. Thank you – Joe Coop Project Manager Van Horn Engineering and Surveying Inc. VAN HORN ENGINEERING AND SURVEYING LAND SURVEYS SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING SANITARY ENGINEERING MUNICIPAL ENGINEERING ATTACHMENT 6 Community Development Town Board Meeting March 25, 2025 Elkhorn Plaza Condos Amended Plat (540 & 550 W. Elkhorn Ave) Joe Coop, Van Horn Engineering (Applicant’s Representative) Presented by Paul Hornbeck, Senior Planner Vicinity Map of Subject Area Zoning Map Site Photos Site Photos Preliminary Plat Final Plat Advantages This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 “Subdivisions” and Chapter 10 “Subdivision Standards”: 1.Compliance with Zoning Standards. The subject application meets CO zoning standards and is conforming in lot size and other dimensional standards. 2.Comprehensive Plan. The subject property is Downtown in the Estes Forward Comprehensive Plan's Future Land Use Map. No changes to the use of the property are proposed with this subdivision. 3.Utility Standards. Existing utility service is adequate to serve the use and no changes are warranted or anticipated. Disadvantages No disadvantages have been identified. Public Notice & Comment 1.Notice of this meeting was published in the Estes Park Trail-Gazette, on March 7, 2025. 2.Notification was mailed to all required adjacent property owners on March 5, 2025. 3.Sign posted on property by applicant 4.Neighborhood meeting – April 12, 2024 5.Staff has received no inquiries or opposition. Recommendation & Sample Motions Staff recommends Town Board approve the Resolution 1.I move that the Town Board of Trustees approve the Resolution. 2.I move that the Town Board of Trustees deny the application finding that … [state reasons for denial]. 3.I move to continue the application to the next regularly scheduled meeting, finding that … [state reasons for continuing]. COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Kara Washam, Planner II Date: March 25, 2025 RE: Ordinance 03-25 Rezoning 1895 Fall River Road from CO (Commercial Outlying) to A (Accommodations), Nathan Kinley Owner/Applicant PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for a proposed Zoning Map Amendment (rezoning) from CO (Commercial Outlying) to A (Accommodations), review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the application. Present Situation: The subject property is zoned CO (Commercial Outlying), containing an office building built in 1975. The most recent use was the former location of the Rocky Mountain Conservancy. The property was purchased by the Applicant in 2022. The site is steep, with an average slope of 31%. § 7.1 Slope Protection Standards is applicable to future development. The northern half of the parcel is located in the Steep Slopes area of the Estes Valley Geologic Hazard Areas Map. However, no development is proposed in this area of the parcel. Additionally, much of the parcel is also located in the High Tree Wild Fire Hazard area of the Estes Valley Wildfire Hazard Areas Map. New construction is required to comply with The Wildfire Hazard Mitigation measures in Section 14.12.060 of the Estes Park Municipal Code. Lastly, the site is located in a high use area for Big Horn Sheep, as shown on the 1996 Estes Valley Comprehensive Plan Wildlife Map (Attachment 8). Site design for the proposed development shall mitigate or offset any potential adverse impacts to wildlife habitat to the maximum extent practical. The Applicant has submitted an application for a Development Plan for concurrent review with this Zoning Map Amendment application. Estes Park Planning Commission voted to approve the Development Plan, with conditions, at the public hearing on February 18, 2025 (Attachment 10). However, approval of the Development Plan is contingent on Town Board approval of the Zoning Map Amendment to rezone the 2 property from CO (Commercial Outlying) to A (Accommodations). As such, should the rezoning be denied, the development plan approval will also be nullified. Estes Valley Geologic Hazard Areas Map Estes Valley Wild Fire Hazard Areas Map 3 Location and Context: The 2.29-acre lot is located at 1895 Fall River Road approximately 800’ north of where Homestead Lane and Castle Mountain Road intersect Fall River Road. The property is surrounded by unincorporated Larimer County to the west, north, and east. These properties are zoned EV A-1 (Estes Valley Accommodations/ Low Intensity). Although a range of zoning districts exist in the Fall River Corridor, the majority of uses in the surrounding area are residential and low-to-medium density accommodations. Vicinity Map Table 1: Zoning and Land Use Summary COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION ZONING USES SUBJECT PARCEL Mixed-Use Centers & Corridors CO (Commercial Outlying Office NORTH Mountains & Foothills EV A-1 (Unincorporated Larimer County) Undeveloped SOUTH Suburban Estate / Mixed-Use Centers & Corridors E-1 (Estate) / A (Accommodations) Residential / Resort Cabins EAST Neighborhood Village EV A-1 (Unincorporated Larimer County) Resort Cabins WEST Mountains & Foothills EV A-1 (Unincorporated Larimer County) Undeveloped 4 Zoning Map Future Land Use (FLU) Map 5 Proposal: The Applicant requests to rezone the subject parcel from CO (Commercial Outlying) to A (Accommodations). The proposed development project includes the demolition of the existing 3,280 square feet office structure and the construction of a new 9,400 +/- square feet three-story hotel building with a mechanical area located in the basement. The hotel will consist of 26 accommodation units and 2 staff-housing units. A conceptual site plan (Attachment 5) and building elevations (Attachment 6) are included with this rezoning application. Vehicular access is provided from Fall River Road. The existing access to the property will be realigned with the property to the south, as requested by Colorado Department of Transportation (CDOT). The Applicant has submitted a Traffic Impact Study (TIS) with the Development Plan application (Attachment 9). Public Works finds the TIS acceptable and states that no new deceleration lanes are warranted. Conceptual Site Plan Proposed Front Elevation (South) 6 Project Analysis The proposed rezoning would allow the Applicant to move forward with development of the 2.29-acre property into a medium-sized hotel with 26 accommodation units and 2 staff-housing units. Area of disturbance would be 66,068 square feet or approximately 66% of the overall 2.29 acres. Review Criteria All applications for text or Official Zoning Map Amendments shall be reviewed by the EPPC and Town Board for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. In accordance with § 3.3.D. “Standards for Review” of the EPDC, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria: 1. The amendment is necessary to address changes in conditions in the areas affected. Staff Discussion: The adoption of the 2022 Estes Forward Comprehensive Plan changed the future land use designation of the subject property from Commercial to Mixed Use Centers & Corridors. Notably, a change of conditions is the addition of accommodations as an appropriate future land use on the property. Prior to 2022, the property was used as the Field Institute office of the Rocky Mountain Conservancy. As that use has ceased, the subject property, currently zoned CO (Commercial Outlying), is now an outlier in the area. Rezoning the subject property to A (Accommodations) is an appropriate action to foster compatibility with the land uses of the surrounding area. Staff Finding: Rezoning to A (Accommodations) would allow for future development that is more appropriate with the existing character of the area and aligned with the 2022 Estes Forward Comprehensive Plan Future Land Use Map 2. The Development Plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. Staff Discussion: The Applicant has submitted an application for a Development Plan for concurrent review with this Zoning Map Amendment application. The Future Land Use map within the 2022 Estes Forward Comprehensive Plan categorizes the subject property as “Mixed-Use Centers & Corridors.” The Plan’s recommendations for appropriate land uses include “Medium-high density accommodations such as hotels, motels, short-term rental attached units.” (Attachment 7). The surrounding land uses of the area are predominantly low-to- medium density accommodations and resort cabins. The 2022 Estes Forward Comprehensive Plan has nine Guiding Principles for the Estes Valley. A relevant principle includes: 7 Balanced and managed growth that enhances quality of life, preserves local character, conserves natural resources and wildlife habitat. Relevant Goals and Policies from the Plan are listed below, followed by staff analysis: GOAL NE1: Maintain Estes Valley’s scenic character and viewsheds into and within the Valley and Rocky Mountain National Park. Policy NE 1.2: The Town and County ensure that new development minimizes the impacts to visual quality within the Valley, including viewsheds of the mountains and protection of dark skies. Staff Analysis: Scenic character will be protected by adhering to required landscaping requirements and dark sky lighting standards, and impact on viewsheds will be minimized by adhering to maximum building height. GOAL NE3: Protect wildlife and enhance biodiversity and ecosystems. Policy NE 3.1 The Town protects existing native wildlife habitat and vegetation communities by minimizing disturbance outside of the building envelope and limiting fragmentation, except as required for wildfire protection. Staff Analysis: Impacts to wildlife habitat will be limited by fencing restrictions, requirement for native landscaping, and minimized use of exterior lighting. GOAL NE4: Recognize that wildfire is a growing risk to the community and proactively work to protect the lives, property, and resiliency of the Valley. Policy NE 4.1 The Town and County maintain building code standards to require fire hardened and resistant materials in new development and substantial improvements. Staff Analysis: New construction shall comply with the 2021 International Wildland-Urban Interface Code (IWUIC) for the necessary fire mitigation measures. IWUIC encompasses a broad range of requirements, including ignition-resistant construction, defensible space, emergency vehicle access, water supply, and vegetation management. Specific construction details for new development will comply with all adopted and enforced 2021 International Code Council (ICC) codes. 8 GOAL BE2: Promote protection of the environment by ensuring that development is in harmony with its setting and provides equal and meaningful opportunity to participate in the decision-making process to achieve a healthy environment. Policy BE 2.1 The Town and County require that development preserve water quality, ecological systems, and the natural features through sensitive site design and minimal disturbance. Staff Analysis: The site design for the proposed development plan is aligned with the Town’s recommended action to “Limit areas of disturbance for new development in order to protect existing native vegetations, except as required for wildfire protection.” (BE 2.B). The site is already developed with an office building and parking lot, so development is not taking place on an undisturbed greenfield. Additionally, the limits of disturbance for the proposed development will avoid the steep slope areas of the lot and not impact ridgelines and viewsheds. (BE 2.C). GOAL E1: Maintain a balance between the needs of local residents, visitors, and protecting the natural environment. Policy E 1.2 The Town supports environmentally-responsible economic development, business practices, and eco-tourism which relies on maintaining a high-quality physical setting and minimal impact on the environment. Staff Analysis: The proposed development of a mid-sized hotel will contribute to the local economy while maintaining a high-quality physical setting adjacent to Rocky Mountain National Park. Efforts to minimize environmental impacts has been integrated into the design. Staff Finding: The proposed development is compatible and consistent with the policies and intent of the 2022 Estes Forward Comprehensive Plan. The proposed development is compatible and consistent with the existing growth and development patterns in the Estes Valley, specifically the characteristics of the western Fall River Corridor and gateway into Rocky Mountain National Park. 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Staff Finding: Service and utility providers have reviewed the rezoning application and indicated they are able to provide adequate services to this site. Adequate fire and emergency access has been provided with the site layout. The proposed driveway width is twenty-six (26) feet, as requested by Estes Valley Fire Protection District. 9 Advantages: • Approval of the rezoning request will allow for development that is compatible with the 2022 Estes Forward Comprehensive Plan, Future Land Use Map, and the existing character and growth pattern of the Fall River Road corridor. • Approval of the rezoning request will allow the Applicant to move forward with the development of a 26-unit hotel. This development will add variety to the existing options in the area, which are mostly resort cabins and low-density accommodations. • The development will contribute to the local economy while maintaining a high- quality physical setting adjacent to Rocky Mountain National Park. Disadvantages: • The proposed development of a 26-unit hotel will likely increase traffic along the Fall River Road corridor. However, a Traffic Impact Study states that no new deceleration lanes are warranted. In addition, The Peak--The Town of Estes Park’s free transit service--operates the Gold Route to this area during the peak summer tourism season. • The proposed development is located in a high-use habitat for Big Horn Sheep. However, considering the property has been developed for around fifty years, impacts to wildlife are expected to be minimal. In addition, new development will comply with The Wildfire Hazard Mitigation measures in 14.12.060 of the Estes Park Municipal Code. Action Recommended: At the public hearing on February 18, 2025 Estes Park Planning Commission voted unanimously to forward to Town Board a recommendation of approval of the proposed Zoning Map Amendment. Staff recommends Town Board approve the Ordinance approving the proposed Zoning Map Amendment subject to the following findings of fact: 1. The Town of Estes Park Board of Trustees is the Decision-Making Body for the Zoning Map Amendment. 2. The application complies with Estes Park Development Code § 3.3D “Standards for Review.” 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 4. Adequate public/private facilities are currently available to serve the subject property. 10 Finance/Resource Impact: Little to none. Level of Public Interest: Low. A neighborhood and community meeting regarding the rezoning and development plan was held on-site on April 22, 2024. However, there were no attendees. There was no public opposition voiced at the February 18, 2025, Planning Commission hearing. Staff provided public notice of the application in accordance with EPDC noticing requirements. As of the time of writing this report, no public comment was received. ● Written notice mailed to adjacent property owners on March 5, 2025. ● Legal notice published in the Estes Park Trail-Gazette on March 7, 2025. ● Proof of sign posting verified on February 3, 2025. ● Application posted on the Town's "Current Applications" website. Sample Motions for the Zoning Map Amendment: 1. I move to approve Ordinance 03-25. 2. I move to continue Ordinance 03-25 to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3. I move to deny the rezoning application, finding that … [state reasons for denial]. Attachments: 1. Ordinance 03-25 2. Application 3. Statement of Intent 4. LINK -Rezoning Map 5. LINK -Conceptual Site Plan (Horizontal Control Plan) 6. LINK - Conceptual Building Elevations 7. 2022 Comp Plan Excerpt- Mixed Use Centers-Corridors 8. LINK - 1996 Estes Valley Comprehensive Plan Wildlife Map 9. LINK -Traffic Impact Study 10. EPPC 2-18-2025 Meeting Minutes (DRAFT) ORDINANCE 03-25 AN ORDINANCE REZONING 1895 FALL RIVER ROAD FROM CO (COMMERCIAL OUTLYING) TO A (ACCOMMODATIONS) WHEREAS, the property addressed 1895 Fall River Road and legally described as All, Binns Addition to the Town of Estes Park is currently zoned CO (Commercial Outlying); and WHEREAS, the property owner Nathan Kinley, Kinley Built LLC, has applied for the subject property, to be rezoned to A (Accommodations); and WHEREAS, the Estes Park Planning Commission forwarded to the Town Board of Trustees a recommendation for approval; and WHEREAS, the application for rezoning meets the criteria for an Official Zoning Map amendment as listed in Section 3.3 of the Estes Park Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board finds this Official Zoning Map amendment necessary to address changes in conditions in the areas affected; Section 2: The Board finds the conceptual development plan, depicted on Exhibit B, which this Official Zoning Map amendment would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; Section 3: The Board finds the Town, County and other relevant service providers have the ability to provide adequate services and facilities that might be required with approval of this Official Zoning Map amendment; Section 4: The application for rezoning is hereby approved. The 2.30-acre parcel at 1895 Fall River Road, as depicted on Exhibit A, is hereby rezoned A (Accommodations). Section 5: This approval is conditioned upon any subsequent development being generally consistent with the conceptual development plan depicted on Exhibit B; and Section 6: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ATTACHMENT 1 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2025 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2025, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney - - - - - - - - - - - - - - STAMP H: \ K \ K i n l e y B u i l t \ C O E s t e s P a r k K L B 1 2 - 1 8 9 5 F a l l R i v e r H o t e l \ 0 C I V \ 7 - E x h i b i t \ S D P _ Z o n e R e z o n e M a p 0 3 . 0 7 . 2 0 2 5 . d w g - Ti n a S l a t e r - 3/ 7 / 2 0 2 5 Init.#Issue / DescriptionDate SI T E D E V E L O P M E N T P L A N S 18 9 5 F A L L R I V E R R O A D ES T E S P A R K , C O L O R A D O THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF GALLOWAY, AND MAY NOT BE DUPLICATED, DISCLOSED, OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF GALLOWAY. COPYRIGHTS AND INFRINGEMENTS WILL BE ENFORCED AND PROSECUTED. COPYRIGHT 5235 Ronald Reagan Blvd., Suite 200 Johnstown, CO 80534 970.800.3300 GallowayUS.com Date: Drawn By: Project No: Checked By: NOT F O R CO N S T R U C T I O N KLB12 01/28/2025 Know what's before you dig. PGS CMS ZONE/REZONE MAP SHEET 1 OF 1 1 KINLEY BUILT 1895 FALL RIVER ROAD ALL OF BINS ADDITION TO THE TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO MARCH 2025 EXHIBIT A - - - - - - - - - - - - - - STAMP H: \ K \ K i n l e y B u i l t \ C O E s t e s P a r k K L B 1 2 - 1 8 9 5 F a l l R i v e r H o t e l \ 0 C I V \ 3 - C D \ K L B 1 2 _ C 2 . 0 - H o r i z o n t a l C o n t r o l P l a n . d w g - Ti n a S l a t e r - 2/ 1 2 / 2 0 2 5 Init.#Issue / DescriptionDate SI T E D E V E L O P M E N T P L A N S 18 9 5 F A L L R I V E R R O A D ES T E S P A R K , C O L O R A D O THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF GALLOWAY, AND MAY NOT BE DUPLICATED, DISCLOSED, OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF GALLOWAY. COPYRIGHTS AND INFRINGEMENTS WILL BE ENFORCED AND PROSECUTED. COPYRIGHT 5235 Ronald Reagan Blvd., Suite 200 Johnstown, CO 80534 970.800.3300 GallowayUS.com Date: Drawn By: Project No: Checked By: NOT F O R CO N S T R U C T I O N KLB12 01/28/2025 Know what's before you dig. PGS CMS HORIZONTAL CONTROL PLAN SHEET 4 OF 20 C2.0 EXHIBIT B ATTACHMENT 2 PAGE 1 OF 5 March 20, 2024 Community Development Department Town of Estes Park 970-577-3729 RE: Statement of Intent for the 1895 Fall River Road- Rezone Dear Community Development Department: Trail Ridge Consulting Engineers, LLC is pleased to submit this Application for Code Amendment (Re- Zoning) Review on behalf of the owners of 1895 Fall River Road. This letter is to serve as the Statement of Intent for the proposed project and will provide general descriptions regarding compliance with the key applicable standards for review as defined in the Estes Park Development Code-Chapter 3.3.D. Please refer to the Development Plan submitted herewith for specific details regarding the proposed project. Project Information The subject property is located at 1895 Fall River Road with approximately 2.3 acres of land area. The parcel is currently developed with one commercial mixed-use building. The property is CO-Commercial Outlying per the Estes Park Zoning District Maps. The proposed project is for the re-zoning of the property from CO to A-Accommodations. The development project will include the removal of the existing building, building a new 26-unit hotel with 2-staff housing unit and upgrades to the existing parking, drive and utilities. “Section 3.3.D - Code Amendments Standards for Review: All applications for text or Official Zoning Map amendments shall be reviewed by the EPPC and Board(s) for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. 1. The amendment is necessary to address changes in conditions in the areas affected; ATTACHMENT 3 PAGE 2 OF 5 2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley; and 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved.” 1. The re-zoning amendment of the property is necessary to remain compatible with the adjacent property use to the surrounding properties. The existing surrounding properties are zoned a mix of A-Accommodations, A-1 Accommodations, and E-1 Estate. Accommodation zoning is compatible with the surrounding US-34 (Fall River Road) corridor. When the current EPDC was adopted, many parcels in the area were re-zoned to their current uses at the time per the adopted zoning districts. This property is zoned CO, and is an outlier of the current uses of the surrounding properties. The re-zone proposed for this property would create additional uses that both fit the character of the area and allow code compliance for the “applicable” zone district of the surrounding areas. 2. The development plan is compatible and consistent with the polices and intent of the comprehensive plan. The re-zoning of this property will match the actual surrounding land use, while maintaining the characteristic of the western Fall River Road Corridor. 3. Relevent services, facilities and utilities for any future development are currently available on the property, with providers readily able to install and connect to the services. (Please see “Compliance with General Development Standards” below) PAGE 3 OF 5 Image 1. Estes Park Zoning Map- 1895 Fall River Road Property Subject’s property PAGE 4 OF 5 Compliance with General Development Standards Zoning District Standards: The proposed re-zoning will allow for accommodation uses as reflective of the surrounding corridor. All potential development will incorporate conservation designs, and open space preservation techniques to preserve the existing rural character and match the surrounding character. The prosed re-zoning does not alter set-back or height standards. Grading/Slope Protection Standards: The average slope of the project area is 31%. Grading and Slope protection standards will be followed in any future development. Transportation/Parking: A Traffic Impact Analysis for the project is attached. Rivers and Wetlands: The proposed property does not include a wetland area or flood hazards on the property. Utilities/Adequate Public Facilities: The subject property is in an area to be serviced by the following utilities: Electric- Town of Estes Park Water- Town of Estes Park Sewer- Upper Thompson Sanitation District Natural Gas- Xcel Energy Communications/Broadband- TDS or Century Link Proposed Utilities for any future development are currently available on the property, with service providers readily able to install and connect to the above utilities. Storm Drainage- Future development would consider existing natural drainage ways and water storage areas. PAGE 5 OF 5 Mapped Hazard Areas: The northern half of the subject property is within the boundary of the Steep Slopes Geologic Hazard area per the Estes Valley Geologic Hazard Area mapping. No new development is proposed within this area. The existing building is not located within the area. Most of the subject property is within the Wildfire Hazard Area per the Estes Valley Wildfire Hazard Area mapping. New construction will be required to comply with the wildfire hazard mitigation measures per the Town of Estes Park Building Code Local Amendments. The subject property is not within any mapped hazard areas for flood hazards. We thank you for time and consideration of the proposed rezoning request. If there are any questions about the project or items discussed above, please don’t hesitate to contact me at 970-308-8221. Sincerely, David Bangs, P.E. Principal Engineer Trail Ridge Consulting Engineers, LLC MIXED-USE CENTERS & CORRIDORS The Mixed-use Centers and Corridors category contains medium to higher-density vertical mixed residential and commercial use developments located on or near major thoroughfares� This category is characterized by an interconnected road network, available water and wastewater, and a walkable environment and a greater emphasis on design of upper stories for compatibility� Appropriate Land Uses and Development Types »Mixed-Use developments with upper-story residential, office, institutional, commercial, entertainment »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 large lots� Development in this category should strive to increase business density, adding residential units where appropriate, and expanding multi-modal connectivity� Parking lots should be divided into more than one area including the side and rear of buildings where feasible� All structures should feature pedestrian-scale entrances� Development should positively contribute to the character of the town through pedestrian-scaled 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 accommodates all modes: automobile, bicycle, pedestrians, and transit� The pedestrian system should connect to other mixed-use and commercial nodes and neighborhoods� Sidewalks and/or shared-use paths and bicycle infrastructure should connect the multi-modal network along primary transportation corridors� Pedestrian connectivity internal to the site must connect parking areas to the building and adjacent sites� Previous (1996) Future Land Use Categories »Office »PUD Commercial »Commercial Recreation »Commercial »Accommodations 72 CHAPTER 3: FUTURE LAND USE ATTACHMENT 7 Town of Estes Park, Larimer County, Colorado, February 18, 2024 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on February 18, 2025. Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Jeff Robbins Attending: Commissioners Cooper, Pawson, Mulhern, Robbins, Community Development Director Steve Careccia, Planner Kara Washam, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund, Town Board Liaison Frank Lancaster. Public Works Development Review Engineer Jennifer Waters Absent: Arterburn Chair Cooper called the meeting to order at 1:30 p.m. INTRODUCTIONS AGENDA APPROVAL It was moved and seconded (Robbins/Mulhern) to approve the agenda. The motion passed 4-0. CONSENT AGENDA APPROVAL It was moved and seconded (Robbins/Pawson) to approve the consent agenda. The motion passed 4-0. PUBLIC COMMENT: One comment was received earlier in the day. Planner Washam will address this in her staff report. Chair Cooper announced that Kinley Homes built his house 8 years ago but did not see a reason to recuse himself. ACTION ITEM Rezone 1895 Fall River Road Planner II Washam The Applicant, Kinley Built, LLC, requests to rezone the subject parcel from CO (Commercial Outlying) to A (Accommodations). The proposed development project includes demolishing the existing office structure and constructing a new three-story hotel building with a mechanical area in the basement. The hotel will consist of 26 accommodation units and two staff housing units. A conceptual site plan and building elevations are included with this rezoning application. Vehicular access is provided from Fall River Road. The existing access to the property will be realigned with the property to the south, as requested by the Colorado Department of Transportation (CDOT). The three criteria for rezoning have been met. •Changes in condition: The 2022 Comprehensive Plan updated the property’s designation from Commercial to Mixed Use, indicating accommodations as suitable for the area, •Compatibility with the Comprehensive Plan: The proposed development aligns with policies encouraging medium-to high-density accommodations that enhance the local economy while preserving the environment, •Adequate services. Service providers confirmed the ability to supply necessary infrastructure and services without adverse effects. Staff requested approval of the Rezone request. DISCUSSION: Chair Cooper confirmed that the property location is within town limits; the annexation date was not known. Wildlife habitats should not be further impacted as the property already exists. Accommodation (A) zoning was recommended over A1 because the room ATTACHMENT 10 Planning Commission – February 18, 2025 – Page 2 request was more than eight. Pawson asked for clarification on the change in condition and how wildlife will be protected. Director Careccia explained that all plans are looked at when researching staff reports. The Comprehensive Plan and other master plans (such as those related to open space, transportation, and utilities) are essential—they serve as guiding documents. When we adopt a new plan, especially one developed with extensive public input (like the Comprehensive Plan, as mentioned by Commissioner Mulhern), we refer to that Plan as our guide. If a new plan suggests different guidance for a particular area, we consider that a change of condition. We then look at how to implement that plan best. If rezoning is part of that, we’ll review it to see if it’s supportable. If so, we will support it. It was moved and seconded (Mulhern/Robbins) to recommend approval of the Rezone request to the Town Board with conditions, according to findings recommended by Staff. The motion passed 4-0. ACTION ITEM Development Plan 1895 Fall River Road Planner II Washam The Applicant proposes a development project that includes demolishing the existing office structure and constructing a new three-story hotel building with a mechanical area in the basement. The hotel will consist of 26 accommodation units and two staff housing units. The hotel will include a meeting room, spa, lobby, and other customer support spaces. Exterior building materials will be traditional to the area, consisting of stone and wood-look fiber-cement siding in darker, earth-tone colors. The roof will be made of standing seam metal and flat roofs concealed by parapets. All exterior lighting will be shielded and deflected downward per EPDC §7.9. The area of disturbance is limited to the southern region, avoiding the steep slope to the north. Retaining walls will be incorporated into the design of the hotel. Existing access to the site is from Fall River Road and will be realigned with the access drive at the parcel to the south side of the road. Thirty-eight (38) off-street parking spaces are required, pursuant to EPDC § 7.11. Thirty-four (34) spaces are provided, with the Applicant requesting approval of a Minor Modification for a ten percent (10% reduction) in required off-street parking. In addition, the Applicant requests approval of a Minor Modification to the required twenty-five feet (25’) landscape buffer along the frontage, citing significant topographical constraints. The Applicant requests a 6.14’ encroachment. Staff requested approval of the Development Plan and Minor Modifications. DISCUSSION: Concerns were raised regarding the impact on wildlife and the specifics of habitat corridor management. The application complies with wildlife mitigation measures, including fencing and landscaping. Public Works Development Review Engineer Jennifer Waters addressed stormwater management issues. There is a plan to utilize a grassy swale for water quality treatment before discharge into a culvert and eventually into Fall River. Public Works confirmed that CDOT did not recommend a crosswalk due to safety concerns related to road curvature. Kyle Pollock from Galloway Engineering further explained the stormwater runoff and impervious coverage stating that there is negligible change from current conditions. It was moved and seconded (Robbins/Mulhern) to approve the Development Plan and Minor Modifications, with conditions, according to findings recommended by Staff. The motion passed 4-0. DISCUSSION: Director Careccia reviewed the Development Code update process, emphasizing the importance of public engagement. The Planning Commission will play a significant role in offering feedback on various drafts throughout the project. Planning Commission – February 18, 2025 – Page 3 Trustee Liaison Lancaster invited the Commissioners to a joint meeting between the Planning Commission and Town Board to discuss the changes in conditions for rezoning. Another topic will hopefully be workforce housing. This meeting aims to enhance communication and facilitate better collaboration and decision-making. It has been tentatively scheduled for March 18, following the regular PC meeting. Mulhern requested information on the “super majority” vote at the Town Board meeting. Commissioners expressed appreciation for the thorough presentations and discussions. There being no further business, Chair Cooper adjourned the meeting at 2:50 p.m. _________________________________ Chuck Cooper, Chair Karin Swanlund, Recording Secretary Community Development 1069 Moan St. Town Board Public Hearing March 25, 2025 1895 Fall River Rd Zoning Map Amendment Application to Rezone 2.3 Acres From CO to A Zoning District Nathan Kinley, Kinley Built LLC (Owner/Applicant) Presented by Paul Hornbeck, Senior Planner Vicinity Map of Subject Area Background & Present Situation •The subject property is zoned CO (Commercial Outlying). •Contains an office building (1975). •Most recent use was the former location of the Rocky Mountain Conservancy. •Purchased by the Applicant in 2022. •The site is steep, with an average slope of 31%. •High use area for Big Horn Sheep (1996 Estes Valley Comprehensive Plan Wildlife Map). Estes Valley Wildlife Map (1996) EV Geologic Hazard Areas Map EV Wildfire Hazard Areas Map Zoning Map Future Land Use Map (2022) Existing Conditions EPDC Table 4-4 Proposal The Applicant requests the Town Board consider the proposed 1895 Fall River Road Zoning Map Amendment application, to rezone a 2.3-acre parcel from CO (Commercial Outlying) to A (Accommodations). •Development project includes the demolition of the existing office structure (3,280 SF) and the construction of a 3-story hotel building (9,400 SF +/-). •26 accommodation units and 2 staff-housing units. •Area of disturbance: 66,068 square feet (approx. 66%). •Vehicular access is provided from Fall River Road. •Public Works finds the submitted TIS acceptable and states that no new deceleration lanes are warranted. Proposed Site Plan Proposed Front Elevation Project Analysis •The proposed rezoning would allow the Applicant to move forward with development of the 2.3-acre property into a medium-sized hotel with 26 accommodation units and 2 staff-housing units. •The Applicant has submitted an application for a Development Plan for concurrent review with this Zoning Map Amendment application. •EPPC is the Decision-Making Body for Development Plans. •EPPC voted to approve the Development Plan on Feb 18th. •Approval of the Development Plan is contingent on Town Board approval of the rezone from CO to A. Review Criteria Per the Estes Park Development Code, an application for a Zoning Map Amendment shall be reviewed for compliance with relevant standards and criteria: 1.The amendment is necessary to address changes in conditions in the areas affected. 2.The Development Plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. 3.The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Review Criteria (cont’d) 1.Changes in conditions in the areas affected. •The adoption of the 2022 Estes Forward Comprehensive Plan changed the future land use designation of the subject property from Commercial to Mixed Use Centers & Corridors. •Change of conditions is the addition of accommodations as an appropriate future land use. •Prior to 2022, the property was used as the Field Institute office of the Rocky Mountain Conservancy. As that use has ceased, the subject property, currently zoned CO (Commercial Outlying), is now an outlier in the area. Review Criteria (cont’d) •Rezoning the subject property to A (Accommodations) is an appropriate action to remain compatible with the land uses of the surrounding area. •Rezoning would allow for future development that is more appropriate with the existing character of the area and aligned with the 2022 Estes Forward Comprehensive Plan Future Land Use Map. Review Criteria (cont’d) 2.The proposed Development Plan is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. •The Future Land Use map within the 2022 Estes Forward Comprehensive Plan categorizes the subject property as “Mixed-Use Centers & Corridors.” Mixed-Use Centers & Corridors Guiding Principles The 2022 Estes Forward Comprehensive Plan has 9 Guiding Principles for the Estes Valley. A relevant principle includes: Balanced and managed growth that enhances quality of life, preserves local character, conserves natural resources and wildlife habitat. Goals and Policies GOAL NE1: Maintain Estes Valley’s scenic character and viewsheds into and within the Valley and Rocky Mountain National Park. •Policy NE 1.2: The Town and County ensure that new development minimizes the impacts to visual quality within the Valley, including viewsheds of the mountains and protection of dark skies. Goals and Policies (cont’d) GOAL NE3: Protect wildlife and enhance biodiversity and ecosystems. •Policy NE 3.1 The Town protects existing native wildlife habitat and vegetation communities by minimizing disturbance outside of the building envelope and limiting fragmentation, except as required for wildfire protection. Goals and Policies (cont’d) GOAL NE4: Recognize that wildfire is a growing risk to the community and proactively work to protect the lives, property, and resiliency of the Valley. •Policy NE 4.1 The Town and County maintain building code standards to require fire hardened and resistant materials in new development and substantial improvements. •Specific construction details for new development will comply with all adopted and enforced 2021 International Code Council (ICC) codes. Goals and Policies (cont’d) GOAL BE2: Promote protection of the environment by ensuring that development is in harmony with its setting and provides equal and meaningful opportunity to participate in the decision-making process to achieve a healthy environment. •Policy BE 2.1 The Town and County require that development preserve water quality, ecological systems, and the natural features through sensitive site design and minimal disturbance. Goals and Policies (cont’d) GOAL E1: Maintain a balance between the needs of local residents, visitors, and protecting the natural environment. •Policy E 1.2 The Town supports environmentally- responsible economic development, business practices, and eco-tourism which relies on maintaining a high-quality physical setting and minimal impact on the environment. Review Criteria (cont’d) 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. •Service and utility providers have reviewed the rezoning application and indicated they are able to provide adequate services to this site. •Adequate fire and emergency access has been provided with the site layout. The proposed driveway width is 26’, as requested by Estes Valley Fire Protection District. Advantages •Approval will allow for development that is compatible with the 2022 Comp Plan, FLU Map, and the existing character and growth pattern of the Fall River Road corridor. •Approval will allow the Applicant to move forward with the development of a 26-unit hotel, adding variety to the existing options in the area. •The development will contribute to the local economy while maintaining a high-quality physical setting adjacent to Rocky Mountain National Park. Disadvantages •The proposed development may increase traffic along the Fall River Road corridor. •TIS states that no new deceleration lanes are warranted. •The Peak--The Town of Estes Park’s free transit service--operates the Gold Route to this area during the peak summer tourism season. •The proposed development is located in a high- use habitat for Big Horn Sheep. •The property has been developed for around 50 years, impacts to wildlife are expected to be minimal. Public Notice Staff provided public notice of the application in accordance with EPDC noticing requirements. As of the time of writing this report, no public comments were received. •Written notice mailed to adjacent property owners on March 5, 2025. •Legal notice published in the Estes Park Trail-Gazette on March 7, 2025. •Proof of sign posting verified on February 3, 2025. •Application posted on the Town's "Current Applications" website. Staff Findings At the public hearing on February 18, 2025 Estes Park Planning Commission voted unanimously to forward to Town Board a recommendation of approval of the proposed Zoning Map Amendment. 1.The Town of Estes Park Board of Trustees is the Decision-Making Body for the Zoning Map Amendment. 2.The application complies with Estes Park Development Code § 3.3D “Standards for Review.” 3.This request has been submitted to all applicable reviewing agency staff for consideration and comment. 4.Adequate public/private facilities are currently available to serve the subject property. Action Recommended Staff recommends approval of the 1895 Fall River Road Zoning Map Amendment. Sample Motion: •I move that the Town Board of Trustees approve Ordinance 03-25. •I move that the Town Board of Trustees deny Ordinance 03-25, finding that [state findings for denial]. •I move to continue the 1895 Fall River Road Zoning Map Amendment to the next regularly scheduled meeting. [State reasons for continuance].       POWER & COMMUNICATIONS Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Director; Joe Lockhart, P&C Superintendent Date: March 25, 2025 RE: Resolution 23-25 Intergovernmental Grant Agreement with the Colorado Energy Office for Grid Hardening, Budgeted (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: Our objective is to increase the resiliency of electric service while being good stewards of public resources by accepting the Grid Hardening Grant Award of $538,262 combined with an in-kind labor match of $184,633. Present Situation: On Sep 12, 2024 we received a grant award letter. Policy 1101 "Delegation of Contract Signature Authority" section 3.a. requires the Mayor to sign grant agreements. Proposal: Staff proposes the approval of the Colorado Energy Office agreement number CTGG1 EFAA 25-3324 Advantages: ●This request is in direct alignment with organizational, local and regional plans. ●The Town’s 2023 Strategic Plan states that the Town will provide high quality, reliable, and sustainable electric service. The proposed project will immediately improve reliability and allow the lines to handle future load capacity. ●The Platte River Power Authority’s goal is to transition to 100% renewable energy by 2030. This project facilities the use of a PRPA utility-scale battery required to support the transition. Disadvantages: ●Acceptance of grant funding is accompanied with administrative burdens; however, Town staff has experience successfully managing grants of this nature. Action Recommended: Staff respectfully requests that the Town Board authorize the execution of the proposed grant agreement with the Colorado Energy Office. Finance/Resource Impact: The Grid Hardening for Small and Rural Communities Grant requires a local match of one-third the total grant award. The total cost of the Moraine Avenue Project is $722,895 made up of $538,262 in grant funding and $184,633 of budgeted match. The match is broken down as follows: ●$175,259 in salary costs of employees working on the Moraine Avenue Project which are funded by the Enterprise Fund. ●$9,374 in equipment costs for the use of the Town’s Skid Steer on the Moraine Avenue Project- 360 hours x $26.04 per hour = $9,374 Level of Public Interest High - Powerline initiated wildfires have occurred in Colorado, California and Hawaii making grid hardening funding a high priority for Colorado and our community. Sample Motion: I move for the approval of the resolution. Attachments: 1. Resolution 23-25 2.LINK - Colorado Energy Office agreement number CTGG1 EFAA 25-3324 3.Award Letter 4. Project Map 5.Grant Application Narrative RESOLUTION 23-25 APPROVING AN INTERGOVERNMENTAL GRANT AGREEMENT WITH THE COLORADO ENERGY OFFICE FOR GRID HARDENING WHEREAS, the Town of Estes Park acting by and through its Power and Communications Enterprise applied for the Bipartisan Infrastructure Law (BIL) funded Colorado Energy Office Grid Hardening for Small and Rural Communities grant program; and WHEREAS, the Town Board desires to enter into the intergovernmental grant agreement referenced in the title of this resolution for the purpose of hardening our electrical distribution system. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental grant agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 STATE OF COLORADO INTERGOVERNMENTAL GRANT AGREEMENT SUMMARY OF TERMS AND CONDITIONS State Agency Colorado Energy Office Agreement Number CTGG1 EFAA 25-3324 Grantee Town of Estes Park Grantee UEI KNMKSMB6JNW5 Agreement Performance Beginning Date The Effective Date Grant Expiration Date May 31, 2027 Grant Award Amount Program Name Colorado Grid Hardening for Small and Rural Communities Grant $538,626.00 Agreement Authority – Authority to enter into this Agreement exists in CRS §24-38.5-101, et seq., and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment. Project Description - The purpose of this Colorado Grid Hardening for Small and Rural Communities grant is to support Colorado’s electric utilities in funding critical grid monitoring projects to help improve grid resiliency in the State. Principal Representatives For the State: For Grantee: John Parks Joe Lockhart Colorado Energy Office Town of Estes Park 1600 Broadway Street, Suite 1960 P.O. Box 1747 Denver, CO 80202 Estes Park, CO 80517 John.m.parks@state.co.us jlockhart@estes.org Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 ATTACHMENT 2 CTGG1 EFAA 25-3324 Page 2 of 16 Version 12.2023 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. GRANTEE Town of Estes Park ______________________________________________ By: Reuben Bergsten, Utility Director Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Energy Office Will Toor, Executive Director ______________________________________________ By: Dominique Gómez, Deputy Director Date: _________________________ GRANTEE Town of Estes Park ______________________________________________ By: Gary Hall, Mayor Date: _________________________ GRANTEE Town of Estes Park ______________________________________________ By: Jackie Williamson, Town Clerk Date: _________________________ GRANTEE Town of Estes Park ______________________________________________ By: Dan Kramer, Town Attorney Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Office of the Governor, Jonathon Bray, Controller Effective Date:_____________________ 1. PARTIES AND AUTHORITY A. Parties Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 3 of 16 Version 12.2023 This Agreement is entered into by and between Grantee named on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement (the “Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Summary of Terms and Conditions page of this Grant Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement. By accepting the Grant Funds provided under this Grant Agreement, Grantee agrees to comply with the terms and conditions of this Grant Agreement and requirements and provisions of all Exhibits to this Grant Agreement. B. Authority i. Federal Authority This Grant Agreement is funded, in whole or in part, with Federal funds made available pursuant to the Bipartisan Infrastructure Law (BIL) – Preventing Outages and Enhancing the Resilience of the Electric Grid Formula Grants (Section 40101(d), 42 U.S.C. §18711(d)) of the Infrastructure Investment and Jobs Act of 2021 (IIJA). 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Grant Expiration Date shown on the Summary of Terms and Conditions page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Grantee for any Work performed or expense incurred before the Effective Date or after the Grant Expiration Date. B. Initial Grant Term The Parties’ respective performances under this Agreement shall commence on the Effective Date shown on the Summary of Terms and Conditions page for this Agreement and shall terminate on the Grant Expiration Date shown on the Summary of Terms and Conditions page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term under the same terms specified in this Agreement. In order to exercise this option, the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter attached to this Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Agreement by providing Grantee with an updated Grant Agreement, an executed Amendment, or an executed Option Letter showing the new Grant Expiration Date. D. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Agreement are not appropriated, or otherwise become unavailable to fund this Agreement, the State, in its discretion, may terminate this Agreement in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Agreement in the public interest, Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 4 of 16 Version 12.2023 the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Agreement by the State for breach by Grantee. E. Grantee’s Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” or “Grant Agreement” or “Grant” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit A. E. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S. F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Agreement. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 5 of 16 Version 12.2023 H. “Exhibits” means the following exhibits attached to this Grant Agreement: i. Exhibit A, Scope of Project; ii. Exhibit B, DOE Special Terms and Conditions; iii. Exhibit C, Grant Federal Provisions; and iv. Exhibit D, Form of Option Letter. I. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement Agreement, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to an Agreement or payments to an individual that is a beneficiary of a Federal program. J. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The U.S. Department of Energy, Grid Deployment Office (“GD”) is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. L. “Grant” or “Intergovernmental Grant Agreement” or “Agreement” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. M. “Grant Funds” or “Grant Award Amount” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et seq. C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. O. “Initial Term” means the time period defined in §2.B. P. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. R. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or other credit card information as may be protected by state or federal law. S. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 6 of 16 Version 12.2023 trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. “PII” shall also mean “personal identifying information” as set forth at §24-74-102, et seq., C.R.S. T. “Recipient” means the State agency shown on the Summary of Terms and Conditions page of this Agreement, for the purposes of this Federal Award. U. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include any services to be rendered by Grantee in connection with the Goods. V. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PCI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv) is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. W. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. X. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Y. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. Z. “Subcontractor” means third parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees of grant funds. AA. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement, Grantee is a Subrecipient. BB. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. CC. “Work” means the Goods delivered and Services performed pursuant to this Agreement. DD. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 7 of 16 Version 12.2023 “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. EE. “Expiration Date” or “Grant Expiration Date” means the Grant Expiration Date shown on the Summary of Terms and Conditions page of this Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Performance Start Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement, an executed Amendment, or an executed Option Letter showing the new Grant Award Amount. B. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Budget in Exhibit A (the “Local Match Amount”). Grantee’s obligation to pay all or part of any matching funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purpose of this Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 8 of 16 Version 12.2023 D. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Budget in Exhibit A. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out Grantee shall close out this Grant within 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement and Grantee’s final reimbursement request or invoice. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee’s failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. Any Grant Funds remaining after submission and payment of Grantee’s final reimbursement request are subject to de-obligation by the State. F. Erroneous Payments The State may recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. 6. REPORTING – NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. GRANTEE RECORDS Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 9 of 16 Version 12.2023 A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Intergovernmental Grant Agreement using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity that would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Audits Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Grantee shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: ; (i) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI. Grantee shall immediately forward any request or demand for State Records to the State’s Principal Representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 10 of 16 Version 12.2023 obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Grantee can establish that none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee shall reimburse the State for the reasonable costs thereof. E. Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. In addition, as set forth in §24-74-102, et seq., C.R.S., Grantee, including, but not limited to, Grantee’s employees, agents and Subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with Federal immigration enforcement. 9. CONFLICTS OF INTEREST Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 11 of 16 Version 12.2023 Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Grant. 10. INSURANCE Grantee shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 11. REMEDIES In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State in the State’s sole discretion. The State may also terminate this Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 12. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 13. NOTICES AND REPRESENTATIVES Each individual identified as a Principal Representative on the Summary of Terms and Conditions page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Summary of Terms and Conditions page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Summary of Terms and Conditions page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 12 of 16 Version 12.2023 specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 15. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 16. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibit s or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 13 of 16 Version 12.2023 Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Accessibility i. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. ii. The State may require Contractor’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Contractor’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 14 of 16 Version 12.2023 the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. L. Federal Provisions Grantee shall comply with all applicable requirements of Exhibits B and C at all times during the term of this Grant. M. Order of Precedence In the event of a conflict or inconsistency between this Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Exhibit A, Scope of Project; ii. Exhibit B, DOE Special Terms and Conditions; iii. Exhibit C, Grant Federal Provisions; iv. Colorado Special Provisions in §17 of the main body of this Grant; v. The provisions of the other sections of the main body of this Grant Agreement; vi. Exhibit D, Form of Option Letter. 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all agreements except where noted in italics. L. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. M. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. N. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. O. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent contractor, and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled to unemployment insurance or Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 15 of 16 Version 12.2023 workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Grantee shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. P. COMPLIANCE WITH LAW. Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. Q. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. R. PROHIBITED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. S. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. T. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. U. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30- 202.4, C.R.S. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 CTGG1 EFAA 25-3324 Page 16 of 16 Version 12.2023 [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 1 of 9 EXHIBIT A – SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. The Colorado Grid Hardening for Small and Rural Communities Grant was established to support Colorado’s electric utilities in funding critical grid hardening projects to help improve grid resiliency in the State. Projects will be funded according to demonstrated need, impact, project readiness, and the proportion of historically underserved communities in the target population. The State received U.S. Department of Energy (DOE) formula funding (40101d) of the Infrastructure Investment and Jobs Act (i.e., Bipartisan Infrastructure Law (BIL)) which is the funding source for this Project. The purpose of this project is to improve the resilience of the electric grid against disruptive events. The resilience measures funded through this Program will support community-level resilience to reduce the frequency and duration of electric grid disruptions. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of constructing grid hardening or grid monitoring projects that increase local resilience to electric grid interruptions caused by severe weather or natural disaster events. 2.2. Work Description. The TOWN of ESTES PARK, (Grantee), will hire a qualified firm or use qualified in-house labor to harden 4,400 feet of electrical infrastructure which will significantly improve the resiliency of the electric grid from a variety of impacts such as weather, wildfire and natural disaster. This involves placing a portion of the replaced line underground and installing covered conductor on the remaining portion. This is on the main line feeder between the two Estes Park substations, and replaces the line that was installed in the 1970s and cannot handle the increased load, emergency situations, and need to service either of the substations. 2.2.1. Grantee shall provide the Colorado Energy Office (CEO) monthly reimbursement reports quarterly Status Reports that describe Project progress, delays or roadblocks, Project funding spent by funding source and budget category, and the projected timeline for full expenditure of Grant Funds, as well as annual impact reports. Grantee will own all improvements and, in accordance with §9 below, a contractor will be hired to complete the Work. 2.2.2. Eligible activities, technologies, equipment, and hardening measures to reduce the likelihood and consequences of disruptive events include: A. weatherization technologies and equipment; B. fire-resistant technologies and fire prevention systems; C. monitoring and control technologies; D. the undergrounding of electrical equipment; E. utility pole management; F. the relocation of power lines or the reconductoring of power lines with low-sag, advanced conductors; G. vegetation and fuel-load management; H. hardening of power lines, facilities, substations, of other systems; and I. the replacement of old overhead conductors and underground cables, and 2.2.3. Grant Funds may NOT be used for: A. construction of a: i. new electric generating facility; or ii. large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events; or B. cybersecurity. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 2 of 9 2.2.4. A contract for consultant services shall be awarded by Grantee to a qualified firm through a formal Request For Proposals or competitive selection process. 2.2.5. A contract for the purchase or acquisition of materials, equipment, or vehicles shall be awarded by Grantee to a qualified vendor or firm through a competitive selection process with the Grantee being obligated to award the contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 2.2.6. During a period of ten (10) years following the date of closeout of the Project by the State, the Grantee may not change the ownership of the equipment. If the Grantee decides to change the ownership of the equipment to an entity which the State determines does not qualify in meeting the original intent of the Project, the Grantee must reimburse to the State an amount equal to the current fair market value of the equipment, less any portion of the value attributable to expenditures of non-federal grant funds for acquisition of and improvements to, the equipment. At the end of the ten (10) year period following the date of completion and thereafter, no State restrictions on ownership of the equipment shall be in effect. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to CEO as specified herein. 2.3.1. Federal Funding Accountability and Transparency Act of 2006, (Pub. L. 109-282) (Transparency Act, also known as FFATA). Grantee and Subgrantees are required to report award information on the government Website and register with U.S. Government System for Award Management (SAM) at http://www.sam.gov. See Exhibit C, for specific information. 2.3.2. Grantee shall notify CEO at least 30 days in advance of Project Completion. 2.4. Reimbursement of Project Expenditures. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: Eligible expenses shall include: Personnel, fringe benefits, equipment, and supplies directly related to this grid hardening project. 2.6. Ineligible Expenses. Ineligible expenses include travel and indirect charges. 3. DEFINITIONS 3.1. “Disruptive event” means an event in which operations of the electric grid are disrupted, preventively shut off, or cannot operate safely due to extreme weather, wildfire, or a natural disaster. 3.2. Project Budget Lines. 3.2.1. “Personnel” means all direct personnel wages of the Grantee for staff working directly on the project. All personnel for whom wages and fringe benefits are included as part of the grant budget for this project will need to track and submit 100% of their hours and submit to CEO with the monthly Status Report. This is to ensure accurate accounting of staff hours on the project. Wages may be “loaded” or include the fringe benefits. 3.2.2. “Fringe” means the fringe benefits of direct personnel of the Grantee for staff working directly on the project. 3.2.3. “Equipment” means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost of $5,000 or more. 3.2.4. “Supplies” are generally defined as an item with an acquisition cost of $5,000 or less and a useful life expectancy of less than one year. Supplies are generally consumed during the project performance. Please refer to the applicable Federal regulations in 2 CFR 200 for specific supplies definitions and treatment. 3.2.5. “Contractual” means all vendors and contractors supplying commercial supplies or services used to support the project. For each vendor with a cost of $50,000 or more, a competitive bidding process must be performed. If the vendor was preselected, a policy demonstrating the Grantee’s use of competitive bidding processes must be provided. Laborers and mechanics who work with Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 3 of 9 the vendor on this project will need to meet Davis Bacon Act compliance, as described in “Personnel” above. 3.2.6. “Construction” is defined as all types of work done on a particular building, including erecting, altering, or remodeling performed by the Grantee (not a vendor or contractor). 3.2.7. “Other” means any direct costs for items required for the project which do not fit clearly into the other categories above. 3.2.8. “Indirect costs” are overhead costs which follow § 200.414 Indirect (F&A) costs for the Federal guidance. 3.3. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant will be that the main line feeder between the two Estes Park substations is rebuilt, reliable, resilient to natural disasters, and is able to accept a higher load and provide more flexibility to the grid operators while reducing outage frequency and duration for the Estes Park customers. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Estes Park, Colorado, between the two main substations that belong to the town utility on Moraine Avenue 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: Complete by: Provide CEO with Project Timeline. Within 30 days after the Effective Date of the subcontract(s). Begin work. Within 60 days after the Effective Date of the subcontract(s). Conduct on-site walk through inspection(s) of Work Site(s). November 1, 2025 Submit Monthly Reimbursement Requests On or before the 15th of each subsequent month during project implementation. Submit Monthly Status Report On or before the 15th of each subsequent month during project implementation. Submit Quarterly Progress Reports See §4.5.2 below Submit Project Final Report May 31, 2027 or within 90 days of the completion of the project, whichever is sooner. 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that CEO move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, CEO will use an Option Letter (Exhibit D). 4.4.2. Local Matching Funds. Grantee may increase or decrease the amount of Local Match Funds in any one or any combination of budget lines as described in §6.2 of this Exhibit, or move Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 4 of 9 Other Funds between and among budget lines, so long as the total amount of such “Other Funds” is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such change does not require an amendment or option letter. CEO will verify the Grantee’s contribution of “Local Match Funds” and compliance with this section at Project Closeout. 4.5. Monthly Reimbursement Request and Status Reports. Beginning 15 days after the end of the first month following execution of this Grant and for each month thereafter until termination of this Grant, Grantee shall submit Reimbursement Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 15 days of the end of the month. 4.5.1. For months in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Reimbursement Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit A Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.6. Quarterly Progress Reports (QPRs) Beginning 15 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit a QPR using a form provided by the state. The Grantee will be required to complete one project tab of the QPR template found on the NETL Grid Resiliency Formula Funding Post Award Project Management Reporting Documents. 4.6.1. Specific QPR submittal dates. Quarter Year Due Date Quarterly Progress Report Due 1st (Jan-Mar) 2025 April 15, 2025 Yes 2nd (Apr-Jun) 2025 JULY 15, 2025* Yes 3rd (Jul-Sep) 2025 October 15, 2025 Yes 4th (Oct-Dec) 2025 January 15, 2026 Yes 1st (Jan-Mar) 2026 April 15, 2026 Yes 2nd (Apr-Jun) 2026 JULY 15, 2026* Yes 3rd (Jul-Sep) 2026 October 15, 2026 Yes 4th (Oct-Dec) 2026 January 15, 2027 Yes 1st (Jan-Mar) 2027 April 15, 2027 Yes 2nd (Apr-Jun) 2027 JULY 15, 2026* Yes *State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. 4.7. Annual Report: The Annual Project impact report is to be submitted via email to the CEO Program Manager by November 15 of each year of the project. These reports will cover the preceding Federal Fiscal Year (FFY), which runs from October 1 to September 30. Further details can be found in section 8.1.3 of this document. 4.8. CEO & DOE Acknowledgment. The Grantee agrees to acknowledge the Colorado Energy Office and U.S. Department of Energy (“DOE”) in any and all materials or events designed to promote or educate Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 5 of 9 the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of JOE LOCKHART, Line Foreman, 970-577-3613, jlockhart@estes.org .who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3 below. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel SHARLA BEESLEY, Grant Coordinator, 970-577-3708, sbeesley@estes.org . Such key personnel shall be updated through the process in §5.3 of this Exhibit A. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit A cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. Grid Resiliency Program Manager: John Parks, 970-631-6786, gridresiliency@state.co.us . 6. FUNDING The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 25.5% [$184,633] of the Total Project Cost or __34.3__% cost match of the federal grant funds as documented by Grantee and verified by CEO at Project Closeout. Initial estimates of Grantee’s contribution are noted in the Local Match Amount” column of §6.2 below. Increases to Grantee’s contribution to Total Project Cost do not require modification of this Grant Agreement and/or Exhibit A. 6.2. Budget Line Cost Category Grant Funds Local Match Amount Total Project Cost Local Match Funds Source a. Personnel $ 0 $ 133,674 $ 133,674 Grantee b. Fringe Benefits $ 0 $ 41,585 $ 41,585 Grantee c. Travel $ 0 $ 0 $ 0 Grantee d. Equipment $ 82,211 $ 0 $ 82,211 Grantee e. Supplies $ 411,063 $ 0 $ 411,063 Grantee f. Contractual $ 0 $ 0 $ 0 Grantee g. Construction $ 0 $ 0 $ 0 Grantee h.. Other: Equipment use cost $ 44,987 $ 9,374 $ 54,361 Grantee i. Indirect Charges $ 0 $ 0 $ 0 Grantee Total $ 538,261 $ 184,633 $ 722,894 6.3. Financial obligations of the Grantee under this Grant payable after its current fiscal year are contingent upon appropriation, budgeting, and availability of funds. 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Reimbursement Payment Schedule. All funds from this grant will be provided on a reimbursement basis after paid invoices are submitted to CEO. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 6 of 9 Grant Funds to such Subcontractor or Subgrantee within thirty (30) days of receipt of the invoices from the Subcontractor. Payment Amount Description Interim Payment(s) Within 45 days of Grantee submitting paid invoice to CEO. Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment Within 45 days of Grantee submitting final report to CEO. Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and CEO has accepted, all required reports. 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to CEO using the State-provided forms. CEO may withhold payment(s) if such reports are not submitted timely. 8.1.1. Monthly Reimbursement Requests and Status Reports shall be submitted on or before the 10th of each month for information from the previous month. 8.1.2. Quarterly Progress Reports. Quarterly Pay Requests shall be submitted to CEO in accordance with §4.6 of this Exhibit A. This shall be completed on the template provided to the Grantee by CEO. 8.1.2.1. Baseline Budget and Incurred Cost. Updated budget totals in each of the budget categories, including totals for: Total approved project budget, prior cumulative incurred cost, incurred cost during reporting period, and total cumulative incurred cost. Each entry must be must be made by budget category and by federal (grant funds) and non-federal (local matching funds). 8.1.2.2. Milestone Table. Update of the project milestones for planned and actual dates and status of each milestone including, but not limited to: Project start (e.g. Award Contract),. Planning Complete, Design Complete, Regulatory Approval Obtained, Equipment/Materials Purchased, Construction/Installation started, Construction/ Installation 50% complete, Construction/Installation 100% complete, Project Closed out. 8.1.2.3. Build Metrics. This metric(s) below was selected by the Grantee during the application process. The Grantee must give a description of the metric, goal value, progress value during reporting period, cumulative progress for project duration. 8.1.2.3.1. Miles of distribution lines undergrounded 8.1.2.3.2. Miles of distribution lines reconductored 8.1.2.4. Risk Management Log. Record a minimum of 3 project risks, along with the following information for each risk: likelihood (high, medium, low), impact (high, medium, low), potential impact, and mitigation strategy. 8.1.3. Annual Reporting. The Grantee is required to complete an Annual Program metrics and Impact Report on the provided form. This reporting shall be completed each year during the project implementation between October 1 and November 15, and until all of CEO’s projects under this grant (IIJA 40101d years 2022 and 2023) are complete (award window is until April 30, 2032). This report will include the following information: Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 7 of 9 8.1.3.1. Baseline Impact Metrics. The Grantee has selected the following impact metrics for this project, each of which will be recorded for the project area. The geographic range for the reported metrics must be identified and as close to the geographic distribution of the project area as feasible. Comparing metrics over time for just the project area will be more accurate than system-wide metrics. The baseline for each metric will need five (5) years of prior values, for the years 2019-2024: 8.1.3.1.1. Largest outage cause 8.1.3.1.2. Number of outages 8.1.3.1.3. Number of individual customer outages that extend beyond 24 hours 8.1.3.1.4. Total Outages 8.1.3.1.5. Outage by cause (flooding, wildfire, ice/snow storm, operator error , equipment failure, wind storm) 8.1.3.2. Current Fiscal Year Impact Metrics. Annual data points for each of the metrics listed above. All outage data should include: 1) Impact Metric, 2) Outage Type, 3) Does outage data include Major Event Days (MED)?, 4) Coverage, 5) Metric Type, 5) Outage Type, 6) Coverage Type, 7) Progress (during project implementation), including a) Value, b) Start Date of Collection, and c) End date of collection. 8.1.3.3. Job Creation and Training. Ten questions related to Training and thirteen (13) questions related to Labor need to be completed with explanations, as needed. 8.1.3.3.1. Was training offered as part of this project? 8.1.3.3.2. Type of training provided. 8.1.3.3.3. Number of individuals receiving training (including registered apprenticeship) as part of the project 8.1.3.3.4. Average number of hours of training per individual (including on-the -job training/work performed by registered apprentices). 8.1.3.3.5. Number of individuals receiving raise or promotion as a result of training. 8.1.3.3.6. Number of individuals that are placed in new paid positions (including registered apprenticeships (as a result of training). 8.1.3.3.7. Number of employees a part of this project. 8.1.3.3.8. Has the Subaward Entity [Grantee] pledged neutrality with respect to union organizing? (specify if needed) 8.1.3.3.9. Is the Subaward Entity [Grantee] contributing to or otherwise supporting registered apprenticeship programs (e.g., financial support, hiring participants, providing training materials and facilities, etc.)?(specify if needed) 8.1.3.3.10. Is the Subaward Entity [Grantee] contributing or otherwise supporting non- registered apprenticeship joint-labor management or other training program? (specify if needed) 8.1.3.3.11. Is the Subaward Entity [Grantee] offering support services to workers or training participants (e.g., child care, transportation)? (specify if needed) 8.1.3.3.12. Does the project have a workplace health and safety plan that was designed and is implemented in partnership with employees? (specify if needed) 8.1.3.3.13. In support of second chance opportunities, does the Subaward Entity [Grantee] refrain from asking about job applicants’ criminal records, arrest history, or any other history with the justice system? 8.1.3.3.14. Does the Subaward Entity [Grantee] have specific goals for the hiring of local workers? (specify if needed) Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 8 of 9 8.1.3.4. Workforce Demographics numbers of the employees working on the project and number of trainees in project specific programs by Gender, Race, Ethnicity, Veteran Status, Disability Status, and if from Disadvantaged Communities (DACs. 8.1.3.5. Community Engagement Events. Respond to seven (7) questions on community engagement activities. 8.1.3.5.1. Event number 8.1.3.5.2. Community Engagement Event name (Virtual or In-Person) 8.1.3.5.3. Zip Code 8.1.3.5.4. Type of engagement (Consent Based Siting; Research and Design; Reporting; Project Decision Making; Community Input; Other) 8.1.3.5.5. Degree of Engagement (Inform, Consult, Involve, Collaborate, Defer to) 8.1.4. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to CEO. 8.1.5. Single Audit Report. If Grantee is required to have a single audit, Grantee shall submit a copy of its audit report to CEO within 180 days of its fiscal year-end. 8.2. Monitoring. CEO shall monitor this Work on an as-needed basis. CEO may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Environmental Requirements. Grantee shall comply with all DOE environmental requirements and shall not obligate Grant funds prior to receipt of the written release of funds from the State. 8.4. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.4.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.4.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.4.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.4.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID #0006-007 Page 9 of 9 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications or to the RFP proposal providing the greatest value to the Grantee. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to CEO upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. 9.5. Bidding. Grantee shall provide to CEO all necessary forms relating to bidding and construction funded by DOE funds. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 Page 1 EXHIBIT B – SPECIAL TERMS AND CONDITIONS – U.S. GRID DEPLOYMENT OFFICE SPECIAL TERMS AND CONDITIONS FOR USE IN FORMULA GRANTS ISSUED UNDER THE GRID DEPLOYMENT OFFICE (GDO) ADMINISTRATIVE AND LEGAL REQUIREMENTS DOCUMENT (ALRD) 3 LEGAL AUTHORITY AND EFFECT (JUNE 2015) 3 RESOLUTION OF CONFLICTING CONDITIONS 3 AWARD AGREEMENT TERMS AND CONDITIONS (DECEMBER 2014) (NETL – APRIL 2024) 3 FLOW DOWN REQUIREMENT 3 CONFERENCE SPENDING (FEBRUARY 2015) 4 PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM 4 COST MATCH 4 REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS 5 USE OF PROGRAM INCOME - ADDITION 5 ANNUAL ALLOCATION REQUEST 5 RESILIENCE PROJECT AND SUBAWARD/SUBCONTRACT NOTIFICATION 5 REPORTING 7 FOREIGN NATIONAL PARTICIPATION – APPROVAL REQUIRED (APRIL 2024) 7 STATEMENT OF FEDERAL STEWARDSHIP 7 SITE VISITS 7 CATEGORICAL EXCLUSION (CX) – Initial Application 8 FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 8 ELIGIBLE ENTITY PRIORITIZATION – 40101(d)(5) 8 SMALL UTILITIES SET ASIDE – 40101(d)(6) 8 TECHNICAL ASSISTANCE AND ADMINISTRATIVE EXPENSES – 40101(d)(7) 8 NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS 8 INSURANCE COVERAGE (DECEMBER 2014) 8 REAL PROPERTY – GRID RESILIENCE 9 EQUIPMENT (DECEMBER 2014) (NETL - MAY 2024) 9 SUPPLIES (DECEMBER 2014) 9 CONTINUED USE OF REAL PROPERTY AND EQUIPMENT (OCTOBER 2022) 9 PROPERTY TRUST RELATIONSHIP (DECEMBER 2014) 10 INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 10 PERFORMANCE OF WORK IN UNITED STATES 11 REPORTING SUBAWARD AND EXECUTIVE COMPENSATION (SEPTEMBER 2023) 11 SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS 13 FINAL INCURRED COST AUDIT (DECEMBER 2014) 14 INDEMNITY 14 LOBBYING RESTRICTIONS (MARCH 2012) 14 CORPORATE FELONY CONVICTION AND FEDERAL TAX LIABILITY ASSURANCES (MARCH 2014) 14 NONDISCLOSURE AND CONFIDENTIALITY AGREEMENTS ASSURANCES (JUNE 2015) 15 Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 2 REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (DECEMBER 2015) 15 EXPORT CONTROL (JUNE 2024) 17 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (APRIL 2024) 17 PROHIBITION RELATED TO FOREIGN GOVERNMENT-SPONSORED TALENT RECRUITMENT PROGRAMS (MARCH 2023) 18 IMPLEMENTATION OF EXECUTIVE ORDER 13798, PROMOTING FREE SPEECH AND RELIGIOUS LIBERTY (NOVEMBER 2020) 18 INTERIM CONFLICT OF INTEREST REQUIREMENTS FOR FINANCIAL ASSISTANCE (MARCH 2023) 19 ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2024) 19 FRAUD, WASTE AND ABUSE (MARCH 2023) 19 TRANSPARENCY OF FOREIGN CONNECTIONS (APRIL 2024) 20 FOREIGN COLLABORATION CONSIDERATIONS (MARCH 2023) 21 BUY AMERICAN REQUIREMENT FOR INFRASTRUCTURE PROJECTS (MAY 2024) 21 REPORTING, TRACKING AND SEGREGATION OF INCURRED COSTS (MARCH 2023) 24 DAVIS-BACON REQUIREMENTS (NETL – JUNE 2024) 25 AFFIRMATIVE ACTION AND PAY TRANSPARENCY REQUIREMENTS (SEPTEMBER 2023) 27 POTENTIALLY DUPLICATIVE FUNDING NOTICE (MARCH 2023) 27 CONSTRUCTION SIGNAGE (MAY 2024) 27 POST AWARD DUE DILIGENCE REVIEWS (APRIL 2024) 28 Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 3 SPECIAL TERMS AND CONDITIONS FOR USE IN FORMULA GRANTS ISSUED UNDER THE GRID DEPLOYMENT OFFICE (GDO) ADMINISTRATIVE AND LEGAL REQUIREMENTS DOCUMENT (ALRD) LEGAL AUTHORITY AND EFFECT (JUNE 2015) (a) A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer. (b) Recipients are free to accept or reject the award. A request to draw down DOE funds constitutes the Recipient's acceptance of the terms and conditions of this Award. RESOLUTION OF CONFLICTING CONDITIONS Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. AWARD AGREEMENT TERMS AND CONDITIONS (DECEMBER 2014) (NETL – APRIL 2024) This assistance agreement consists of the Assistance Agreement Cover Page and Award Terms and Conditions, plus the following: a. Special terms and conditions. b. Attachments: Attachment No. Title 1 Intellectual Property Provisions 2 Statement of Project Objectives 3 Federal Assistance Reporting Checklist c. Applicable program regulations: NONE d. DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at http://www.eCFR.gov. e. Research Terms and Conditions and the DOE Agency Specific Requirements at http://www.nsf.gov/bfa/dias/policy/rtc/index.jsp (if the Award is for research and the Award is to a university or non-profit). f. Application/proposal as approved by DOE. g. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at https://www.nsf.gov/awards/managing/rtc.jsp. h. Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL) FLOW DOWN REQUIREMENT The Recipient agrees to apply the terms and conditions of this Award, as applicable, including the Intellectual Property Provisions, to all subrecipients (and subcontractors, as appropriate), as required by 2 CFR 200.101, and to require their strict compliance therewith. Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all subrecipients (and subcontractors, as appropriate), and to require their strict compliance therewith. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 4 CONFERENCE SPENDING (FEBRUARY 2015) The recipient shall not expend any funds on a conference not directly and programmatically related to the purpose for which the grant or cooperative agreement was awarded that would defray the cost to the United States Government of a conference held by any Executive branch department, agency, board, commission, or office for which the cost to the United States Government would otherwise exceed $20,000, thereby circumventing the required notification by the head of any such Executive Branch department, agency, board, commission, or office to the Inspector General (or senior ethics official for any entity without an Inspector General), of the date, location, and number of employees attending such conference. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If feasible, you should time each request so that you receive payment on the same day that you disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same-day transfers are not feasible, advance payments must be as close as is administratively feasible to actual disbursements. c. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest earned on any of those funds before requesting additional cash payment s from DOE/NNSA. d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S. Department of Treasury. COST MATCH a. “Cost Matching” for the non-federal share is calculated as a percentage of the Federal funds only, rather than the Total Project Cost. The Total Project Cost is the sum of the Government share and Recipient match. The Recipient's cost match must come from non-Federal sources unless otherwise allowed by law. Each Recipient is required to match 15 percent of their allocation. In addition, eligible entities performing resilience pro jects are required to provide a 100 percent cost match, unless the eligible entity sells not more than 4,000,000 me gawatt hours of electricity per year, then the eligible entity is required to provide a one-third cost match. By accepting federal funds under this award, the Recipient is liable for the cost match percentage of total expenditures incurred, even if the project is terminated early or is not funded to its completion. b. If the Recipient discovers that you may be unable to provide the required cost matching under this award, the Recipient should immediately provide written notification to the DOE Award Admini strator indicating whether the Recipient will continue or phase out the project. If you plan to continue the project, the notification must describe how replacement cost matching will be secured. c. The Recipient must maintain records of all project costs that you claim as cost match, including in-kind costs, as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit. d. Failure to provide the cost matching required by this term may result in the subsequent recovery by DOE of some or all the funds provided under the award. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 5 REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must refund the diffe rence. b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. USE OF PROGRAM INCOME - ADDITION If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and use it to further eligible project objectives. ANNUAL ALLOCATION REQUEST The Recipient shall submit their annual allocation request in accordance with the instructions provided in the Reporting Requirements Checklist attached to this award. The Annual Allocation Request must be submitted to the DOE Program Manager whose name is in Block 15 of the Award Agreement and the DOE Award Administrator whose name is identified on Page 2 of the Assistance Agreement cover page. The Annual Allocation Request must include the following information: - SF 424 reflecting the current year allocation and cost match amounts. - Cost Match Information for current year allocation. ● Cost Match Value ● Identify the source/organization of the proposed cost match. ● Type of Cost Match (cash or in-kind) ● Provide a description of their proposed cost match. - Program Narrative – copy of current Program Narrative if there are no changes or an updated Program Narrative to reflect any changes. If changes have occurred, a Public Notice and Hearing must be documented in the updated Program Narrative. RESILIENCE PROJECT AND SUBAWARD/SUBCONTRACT NOTIFICATION For all resilience project subawards and any other subaward over $250,000, the Recipient must notify the DOE Contracting Officer and Project Officer in writing prior to the execution of new or modified subawards/subcontracts. This notification does not constitute a waiver of the prior approval requirements outlined in 2 CFR 200, nor does it relieve the Recipient from its obligation to comply with applicable Federal statutes, regulations, and executive o rders. The Recipient is responsible for making a final determination to award or modify subawards/subcontracts under this agreement, but the Recipient may not proceed with the subaward/subcontract until the DOE determines, and provides the Recipient written notification, that the information provided is adequate. In order to satisfy this notification requirement, Recipient documentation must, at a minimum, include the following: (a) Recipient confirms that the subawardee: (i) is an eligible entity type identified in BIL section 40101(a)(2); (ii) is a domestic entity; to qualify as a domestic entity, the entity must be organized, chartered or Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 6 incorporated (or otherwise formed) under the laws of a particular state or territory of the United States; have majority domestic ownership and control; and have a physical place of business in the United States; (iii) is not a debarred or a suspended entity; and (iv) will pay all of the laborers and mechanics performing construction, alteration, or repair work in excess of $2,000 on projects funded directly by or assisted in whole or in part by and through funding under the award, wages at rates not less than those prevailing on projects of a character similar in the locality as determined by subchapter IV of Chapter 1 of Title 40, United State Code commonly referred to as the “Davis-Bacon Act” (DBA). (b) Recipient confirms that: (i) the process undertaken to solicit the subaward/subcontract complies with their written procurement procedures as outlined in 2 CFR 200.318; (ii) the proposed work to be done is an eligible activity identified in BIL Section 40101(e)(1); (iii) the proposed subaward effort is consistent with the Program Narrative being executed under the award; (iv) the primary purpose of the proposed project is not cyber security but that the implementation of the proposed project will adhere to any applicable cybersecurity requirements, and where possible, best practices in deploying technologies under their subaward; (v) no planned, actual or apparent conflict of interest exists between the Recipient and the selected subawardee/subcontractor and that the Recipient’s written standards of conduct were followed; (vi) as applicable, subaward/subcontracts address the Small Utilities Set Aside requirement set forth in BIL Section 40101(d)(6); and (vii) all required award provisions will be flowed down in the resulting subaward/subcontract. (c) Recipient provides: (i) SF-424A Budget Information form and Budget Justification form for all resilience project subawards; and any other subaward over $250,000; (ii) a completed Environmental Questionnaire covering the subaward activity; (iii) cost match commitment letter from the eligible entity committing to meet the cost matching as required in BIL Section 40101(h); (iv) the proposed metrics that will be collected and reported in the Quarterly Progress Report to measure and demonstrate the beneficial impact of the resilience project on the resilience of the grid and to the community served; (v) listing of Foreign Nationals for subrecipients/eligible entities and technical assistance contractors in accordance with the Foreign National Participation – Approval term; (vi) Performance of Work in the United States waiver (if applicable); (vii)Buy America for Infrastructure Projects waiver (if applicable); (viii)Domestic entity waiver for subrecipients (if applicable); and (ix) a summary/brief description of any application, similar in nature, submitted by the proposed subawardee to the DOE under BIL Section 40101(c), DE-FOA-0002740, Grid Resilience and Innovation Partnerships (GRIP). If a State or Indian Tribe petitions the Secretary to be designated as an eligible entity for the purpose of executing a resilience project, it must provide both the 15% cost match for the entire allocation made by DOE to the State or Tribe (see BIL section 40101(d)(8)) and the project specific cost match requirement of 100% or 1/3 (see BIL section 40101(h)). Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 7 REPORTING Reporting requirements are identified on the Federal Assistance Reporting Checklist and Instructions, DOE F 4600.2, attached to the award agreement. Additional reporting requirements apply to projects funded by BIL. As part of tracking progress toward key Departmental goals – ensuring justice and equity, creating jobs, boosting domestic manufacturing, reducing greenhouse gas emissions, and advancing a pathway to private sector – DOE may require specific data collection. Examples of data that may be collected include: ● project locations, ● measurable improvements of resilience, ● transmission capacity upgraded, expanded, or built, ● electricity storage capacity installed, ● funding leveraged, ● stakeholders engaged, ● technical assistance provided, and ● value of contracts or agreements with minority owned business for supplies, services, or equipment. Recipients must maintain sufficient records to substantiate this information upon request. FOREIGN NATIONAL PARTICIPATION – APPROVAL REQUIRED (APRIL 2024) If the Recipient (including any of its subrecipients and contractors) anticipates involving foreign nationals in the performance of this award, the Recipient must provide DOE with specific information about each foreign national to ensure compliance with the requirements for foreign national participation and access approvals. The volume and type of information required may depend on various factors associated with the award. Approval for foreign nationals in Principal Investigator/Co-Principal Investigator roles, from countries of risk (i.e., China, Iran, North Korea, and Russia), and from countries identified on the U.S. Department of State’s list of State Sponsors of Terrorism (https://www.state.gov/state-sponsors-of-terrorism/) must be obtained from DOE before they can participate in the performance of any work under this award. A “foreign national” is defined as a person without United States citizenship or nationality (may include a stateless person). DOE may elect to deny a foreign national’s participation in the award. Likewise, DOE may elect to deny a foreign national’s access to a DOE sites, information, technologies, equipment, programs, or personnel. DOE’s determination to deny participation or access is not appealable. The Recipient must include this term in any subaward and in any applicable contractual agreement(s) associated with this award. STATEMENT OF FEDERAL STEWARDSHIP DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. SITE VISITS Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 8 DOE/NNSA's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subrecipients to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and e valuations must be performed in a manner that does not unduly interfere with or delay the work. CATEGORICAL EXCLUSION (CX) – Initial Application DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of federal funds. Based on the initial information provided by the Recipient, DOE has made a NEPA determination by issuing a CX, thereby authorizing use of funds for technical assistance and administrative project activities only. NEPA review and approval of proposed resilience project activities are required as per the Resilience Project and Subaward/Subcontract Notification Term. If any of the proposed projects are likely to require an Environmental Assessment (EA) or Environmental Impact Statement (EIS), the DOE NEPA Compliance Officer will provide further guidance. Should the recipient elect to undertake activities prior to authorization from the DOE, the Recipient is doing so at risk and such costs may not be authorized and recognized as allowable cost. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. ELIGIBLE ENTITY PRIORITIZATION – 40101(d)(5) In making subawards to eligible entities using funds made available under the program, the Recipient shall give priority to projects that, in the determination of the Recipient, will generate the greatest community benefit (whether rural or urban) i n reducing the likelihood and consequences of disruptive events. SMALL UTILITIES SET ASIDE – 40101(d)(6) The Recipient shall ensure that, of the amounts made available to eligible entities, the percentage made available to eligible entities that sell not more than 4,000,000 megawatt hours of electricity per year is not less than the percentage of all customers in the Recipient State or Indian Tribe (as applicable) that are served by those eligible entities. TECHNICAL ASSISTANCE AND ADMINISTRATIVE EXPENSES – 40101(d)(7) Of the amounts made available to the Recipient under the program each fiscal year, the Recipient may use not more than 5 percent for technical assistance (see BIL Section 40101(g)(1)(A)) and administrative expenses associated with the program. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American-made. INSURANCE COVERAGE (DECEMBER 2014) Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 9 See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or improved with Federal funds. REAL PROPERTY – GRID RESILIENCE Acquisition of land or easements is not permitted under this grant program. Improvements to real property for the purpose of grid hardening or resilience is not considered acquisition of real property for the purpose of this grant program, and therefore may be permitted. EQUIPMENT (DECEMBER 2014) (NETL - MAY 2024) Subject to the conditions provided in 2 CFR 200.313 and 2 CFR 910.360 (as applicable), title to equipment (property) acquired under a Federal award will vest conditionally with the non-Federal entity. The non-Federal entity cannot encumber this property or permit encumbrance without prior written approval by the DOE Contracting Officer and must follow the requirements of 2 CFR 200.313 before disposing of the property. States must use equipment acquired under a Federal award by the state in accordance with state laws and procedures. Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by the Federal awarding agency in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii). Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d). When equipment acquired under a Federal award is no longer needed, the non-Federal entity must obtain disposition instructions from the Federal awarding agency or pass-through entity. However, pursuant to the FY23 Consolidated Appropriations Act (Pub. L. No. 117-328), Division D, Title III, Section 309, the Secretary, or a designee of the Secretary may, at their discretion, vest unconditional title or other property interests acquired under th is project regardless of the fair market value of the property at the end of the award period. Subject to the vesting of any property pursuant to Section 309 of the FY23 Consolidated Appropriations Act (Pub. L. No. 117-328), Division D, Title III, disposition will be made as follows: (a) items of equipment with a current fair market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the Federal awarding agency; (b) non-Federal entity may retain title or sell the equipment after compensating the Federal awarding agency as described in 2 CFR 200.313(e)(2); or (c) transfer title to the Federal awarding agency or to an eligible third Party as specified in 2 CFR 200.313(e)(3). See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a Federal award. Also see 2 CFR 200.439 Equipment and other capital expenditures. See 2 CFR 910.360 for supplemental requirements for Equipment for for-profit Recipients. SUPPLIES (DECEMBER 2014) See 2 CFR Part 200.314 for requirements pertaining to supplies acquired under a Federal award. See also § 200.453 Materials and supplies costs, including costs of computing devices. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 10 CONTINUED USE OF REAL PROPERTY AND EQUIPMENT (OCTOBER 2022) Real property and equipment purchased with project funds (federal share and recipient cost share) under this Award are subject to the requirements at 2 CFR 200.311, 200.313, and 200.316 (non-Federal entities, except for-profit entities) and 2 CFR 910.360 (for-profit entities). The Recipient may continue to use the real property and equipment after the conclusion of the award period of performance so long as the Recipient: a. Continues to use the property for the authorized project purposes; b. Complies with the applicable reporting requirements and regulatory property standards; c. As applicable to for-profit entities, UCC filing statements are maintained; and d. Submits a written Request for Continued Use for DOE authorization, which is approved by the DOE Contracting Officer. The Recipient must request authorization from the Contracting Officer to continue to use the property for the authorized project purposes beyond the award period of performance (“Request for Continued Use”). The Recipient’s written Request for Continued Use must identify the property and include: a summary of how the property will be used (must align with the authorized project purposes); a proposed use period (e.g., perpetuity, until fully depreciated, or a calendar date where the Recipient expects to submit disposition instructions); acknowledgement that the recipient shall not sell or encumber the property or permit any encumbrance without prior written DOE approval; current fair market value of the property; and an Estimated Useful Life or depreciation schedule for equipment. When the property is no longer needed for authorized project purposes, the Recipient must request disposition instructions from DOE. For-profit entity disposition requirements are set forth at 2 CFR 910.360. Property disposition requirements for other non-federal entities are set forth in 2 CFR 200.310-200.316. PROPERTY TRUST RELATIONSHIP (DECEMBER 2014) Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. See 2 CFR Part 200.316 for additional requirements pertaining to real property, equipment, and intangible property acquired or improved under a Federal award. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP The Recipient must include the insolvency, bankruptcy or receivership term in any for-profit/non-profit sub- award(s), at any tier. a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of any similar proceeding for or against you or your parent, or its consent to, the dissolution, winding-up or readjustment of your debts, appointment of a receiver, conservator, trustee, or other officer with similar powers over you, under any other applicable state or federal law; or (iv) your insolvency due to your inability to pay your debts generally as they become due. b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of an event referenced in paragraph a; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will have on the project being funded by this award. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 11 c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to conduct a review of your award to determine your compliance with the required elements of the award (including such items as cost share, progress towards technical project objectives, and submission of required reports). If the DOE review determines that there are significant deficiencies or concerns with your performance under the award, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment method; or (ii) institute payment controls. d. Failure of the Recipient to comply with this term may be considered a material noncompliance of this financial assistance award by the Contracting Officer. PERFORMANCE OF WORK IN UNITED STATES The Recipient agrees that at least 100% of the direct labor cost for the project (including subrecipient labor) shall be incurred in the United States, unless the Recipient can demonstrate to the satisfaction of the DOE that the United States economic interest will be better served through a greater percentage of the work being performed outside the United States. REPORTING SUBAWARD AND EXECUTIVE COMPENSATION (SEPTEMBER 2023) a. Reporting of first-tier subawards. 1. Applicability. Unless the Recipient is exempt as provided in paragraph d. of this award term, the Recipient must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non -Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2. Where and when to report. i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. The Recipient must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non-Federal entities. 1. Applicability and what to report. The Recipient must report total compensation for each of its five most highly compensated executives for the preceding completed fiscal year, if i. The total Federal funding authorized to date under this Federal award is $30,000 or more as defined in 2 CFR 170.320; ii. In the preceding fiscal year, the Recipient received: a) 80 percent or more of the Recipient’s annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 12 iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at https://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. The Recipient must report executive total compensation described in paragraph b.1. of this award term: i. As part of the Recipients registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of total compensation of subrecipient executives. 1. Applicability and what to report. Unless the Recipient is exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, the Recipient shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if: i. In the subrecipient’s preceding fiscal year, the subrecipient received; a) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and b) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at https://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. The Recipient must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient ii. By the end of the month following the month during which the Recipient makes the subaward. For example, if a subaward is obligated on any date during the month of October of a given year ( i.e., between October 1 and 31), the Recipient must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, the Recipient had gross income, from all sources, under $300,000, it is exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 13 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non-Federal entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and iv. A domestic or foreign for-profit organization; 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the Recipient received this award and that the recipient awards to an eligible subrecipient. ii. The term does not include the Recipient’s procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that the Recipient or a subrecipient considers a contract. 5. Subrecipient means a non-Federal entity or Federal agency that: i. Receives a subaward from the Recipient under this award; and ii. Is accountable to the Recipient for the use of the Federal funds provided by the subaward. 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). SYSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS A. Requirement for System for Award Management (SAM) Unless exempted from this requirement under 2 CFR 25.110, the prime recipient must remain registered and maintain current information in SAM for the entire period of performance of the award. This includes providing information on the prime recipient’s immediate and highest-level owner and subsidiaries, as well as on all of its predecessors that have been awarded a Federal contract or Federal financial assistance agreements within the last three years, if applicable, until the prime recipient submits the final financial report required under this award or receives the final payment, whichever is later. This requires the prime recipient to review its information in SAM at least annually after the initial registration, and to update its information as soon as there are changes. Reviews and updates may be required more frequently due to changes in recipient information or as required by another award term. B. Requirement for Unique Entity Identifier If authorized to make subawards under this award, the prime recipient: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward until the entity has provided its unique entity identifier to the prime recipient. 2. Must not make a subaward to an entity unless the entity has provided its unique entity identifier to the prime recipient. Subrecipients are not required to obtain an active SAM registration but must o btain a unique entity identifier. C. Definitions Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 14 For purposes of this term: 1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov). 2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities. 3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following for purposes of this part: a. A foreign organization; b. A foreign public entity; c. A domestic for-profit organization; and d. A Federal agency. 4. Subaward has the meaning given in 2 CFR 200.1. 5. Subrecipient has the meaning given in 2 CFR 200.1. FINAL INCURRED COST AUDIT (DECEMBER 2014) In accordance with 2 CFR Part 200 as amended by 2 CFR Part 910, DOE reserves the right to initiate a final incurred cost audit on this award. If the audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit. INDEMNITY The Recipient must include the following indemnity provision in any sub-awards to eligible entities performing the resilience projects at any tier: The Recipient shall indemnify the Government and its officers, agents, or employees for any and all liability, including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any character for death, bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent that such liability results from the direct fault or negligence of Government officers, agents or employees, or to the extent such liability may be covered by applicable allowable costs provisions. LOBBYING RESTRICTIONS (MARCH 2012) By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, ot her than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. CORPORATE FELONY CONVICTION AND FEDERAL TAX LIABILITY ASSURANCES (MARCH 2014) By entering into this agreement, the undersigned attests that Colorado Energy Office has not been convicted of a felony criminal violation under Federal law in the 24 months preceding the date of signature. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 15 The undersigned further attests that Colorado Energy Office does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. For purposes of these assurances, the following definitions apply: A Corporation includes any entity that has filed articles of incorporation in any of the 50 states, the District of Columbia, or the various territories of the United States [but not foreign corporations]. It includes both for-profit and non-profit organizations. NONDISCLOSURE AND CONFIDENTIALITY AGREEMENTS ASSURANCES (JUNE 2015) (1) By entering into this agreement, the undersigned attests that Colorado Energy Office does not and will not require its employees or contractors to sign internal nondisclosure or confidentiality agreements or statements prohibiting or otherwise restricting its employees or contactors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The undersigned further attests that does not and will not use any Federal funds to implement or e nforce any nondisclosure and/or confidentiality policy, form, or agreement it uses unless it contains the following provisions: a.‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’’ b. The limitation above shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. c. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure or confidentiality forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (DECEMBER 2015) a. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 16 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. b. Proceedings About Which You Must Report Submit the information required about each proceeding that: 1. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; 2. Reached its final disposition during the most recent five-year period; and 3. Is one of the following: (A) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. c. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. d. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. e. Definitions For purposes of this award term and condition: Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 17 1. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or A. Reporting of Matters Related to Recipient Integrity and Performance. 2. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. 3. Total value of currently active grants, cooperative agreements, and procurement contracts includes — (A) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (B) The value of all expected funding increments under a Federal award and options, even if not yet EXPORT CONTROL (JUNE 2024) The United States government regulates the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. to protect national security, foreign policy, and economic interests without imposing undue regulatory burdens on legitimate international trade. There is a network of Federal agencies and regulations that govern exports that are collectively referred to as “Export Controls.” The Recipient is responsible for ensuring compliance with all applicable United States Export Control laws and regulations relating to any work performed under the award. The Recipient must immediately report to DOE any export control investigations, charges, convictions, and violations upon occurrence, at the recipient or subrecipient level, and for convictions/violations, provide the corrective action(s) to prevent future convictions/violations. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (APRIL 2024) As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non-Federal funds) to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; (3) Exercise an option to procure; or (4) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 18 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. See Public Law 115-232, section 889 for additional information. PROHIBITION RELATED TO FOREIGN GOVERNMENT-SPONSORED TALENT RECRUITMENT PROGRAMS (MARCH 2023) A. Prohibition Persons participating in a Foreign Government-Sponsored Talent Recruitment Program of a Foreign Country of Risk are prohibited from participating in this Award. The Recipient must exercise ongoing due diligence to reasonably ensure that no individuals participating on the DOE-funded project are participating in a Foreign Government-Sponsored Talent Recruitment Program of a Foreign Country of Risk. Consequences for violations of this prohibition will be determined according to applicable law, regulations, and policy. Further, the Recipient must notify DOE within five (5) business days upon learning that an owner of the Recipient or subrecipient or individual on the project team is or is believed to be participating in a Foreign Government-Sponsored Talent Recruitment Program of a Foreign Country of Risk. DOE may modify and add requirements related to this prohibition to the extent required by law. B. Definitions 1. Foreign Government-Sponsored Talent Recruitment Program. An effort directly or indirectly organized, managed, or funded by a foreign government, or a foreign government instrumentality or entity, to recruit science and technology professionals or students (regardless of citizenship or national origin, or whether having a full-time or part-time position). Some foreign government-sponsored talent recruitment programs operate with the intent to import or otherwise acquire from abroad, sometimes through illicit means, proprietary technology or software, unpublished data and methods, and intellectual property to further the military modernization goals and/or economic goals of a foreign government. Many, but not all, programs aim to incentivize the targeted individual to relocate physically to the foreign state for the above purpose. Some programs allow for or encourage continued employment at United States research facilities or receipt of federal research funds while concurrently working at and/or receiving compensation from a foreign institution, and some direct participants not to disclose their participation to U.S. entities. Compensation could take many forms including cash, research funding, complimentary foreign travel, honorific titles, career advancement opportunities, promised future compensation, or other types of remuneration or consideration, including in-kind compensation. 2. Foreign Country of Risk. DOE has designated the following countries as foreign countries of risk: Iran, North Korea, Russia, and China. This list is subject to change. IMPLEMENTATION OF EXECUTIVE ORDER 13798, PROMOTING FREE SPEECH AND RELIGIOUS LIBERTY (NOVEMBER 2020) States, local governments, or other public entities may not condition sub-awards in a manner that would discriminate, or disadvantage sub-recipients based on their religious character. INTERIM CONFLICT OF INTEREST REQUIREMENTS FOR FINANCIAL ASSISTANCE (MARCH 2023) Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 19 The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy-requirements-financial- assistance. This policy is applicable to all non-Federal entities applying for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant, cooperative agreement, or technology investment agreement) and, through the implementation of this policy by the entity, to each Investigator who is planning to participate in, or is participating in, the project funded wholly or in part under this Award. The term “Investigator” means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a project funded by DOE or proposed for funding by DOE. The Recipient must flow down the requirements of the interim COI Policy to any subrecipient non-Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports. Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide DOE with an initial FCOI report that includes all FCOIs (i.e., managed and unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be in full compliance with the other requirements set forth in DOE’s interim COI Policy. ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2024) Organizational conflicts of interest are those where, because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to be impartial in conducting procurement action involving a related organization (2 CFR 200.318(c)(2)). The Recipient must disclose in writing any potential or actual organizational conflict of interest to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in a procurement or transaction using project funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian Tribe. For a list of th e information that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest Policy for Financial Assistance at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- requirements-financial-assistance. If the effects of the potential or actual organizational conflict of interest cannot be avoided, neutralized, or mitigated, t he Recipient must procure goods and services from other sources when using project fund s. The Recipient must flow down the requirements of the interim COI Policy to any subrecipient non -Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring subrecipient compliance with this term. If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian Tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest. FRAUD, WASTE AND ABUSE (MARCH 2023) The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity, economy and efficiency of DOE’s programs and operations including deterring and detecting fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department of Energy activities to include grants, cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit https://www.energy.gov/ig/ig‐hotline. Additionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatory disclosures, which states: Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 20 The non‐Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass‐through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non‐Federal entities that have received a Federal award including the term and condition outlined in appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) TRANSPARENCY OF FOREIGN CONNECTIONS (APRIL 2024) The Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient and subrecipients: 1. Any current or pending subsidiary, foreign business entity, or offshore entity that is based in or funded by any foreign country of risk or foreign entity based in a country of risk; 2. Any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an entity owned by a country of risk or foreign entity based in a country of risk; 3. Any current or pending change in ownership structure of the Recipient or subrecipients that increases foreign ownership related to a country of risk. Each notification shall be accompanied by a complete and up-to-date capitalization table showing all equity interests held including limited liability company (LLC) and partnership interests, as well as derivative securities. Include both the number of shares issued to each equity holder, as well as the percentage of that series and of all equity on fully diluted basis. For each equity holder, provide the place of incorporation and the principal place of business, as applicable. If the equity holder is a natural person, identify the citizenship(s); 4. Any current or pending venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of risk; 5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and 6. Any changes to the Recipient or the subrecipients’ board of directors, including additions to the number of directors, the identity of new directors, as well as each new director’s citizenship, shareholder affiliation (if applicable); each notification shall include a complete up-to-date list of all directors (and board observers), including their full name, citizenship and shareholder affiliation, date of appointment, duration of term, as well as a description of observer rights as applicable. 7. Any proposed changes to the equipment used on the project that would result in: a. Equipment originally made or manufactured in a foreign country of risk (including relabeled or rebranded equipment). b. Coded equipment where the source code is written in a foreign country of risk. c. Equipment from a foreign country of risk that will be connected to the internet or other remote communication system. d. Any companies from a foreign country of risk that will have physical or remote access to any part of the equipment used on the project after delivery. Should DOE determine the connection poses a risk to economic or national security, DOE will require measures to mitigate or eliminate the risk. DOE has designated the following countries as foreign countries of risk: Iran, North Korea, Russia, and China. This list is subject to change. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 21 Recognizing the disclosures may contain business confidential information, subrecipients may submit their disclosures directly to DOE. FOREIGN COLLABORATION CONSIDERATIONS (MARCH 2023) A. Consideration of new collaborations with foreign organizations and governments. The Recipient must provide DOE with advanced written notification of any potential collaboration with foreign entities, organizations or governments in connection with its DOE-funded award scope. The Recipient must await further guidance from DOE prior to contacting the proposed foreign entity, organization or government regarding the potential collaboration or negotiating the terms of any potential agreement. B. Existing collaborations with foreign entities, organizations and governments. The Recipient must provide DOE with a written list of all existing foreign collaborations in which has entered in connection with its DOE-funded award scope. C. Description of collaborations that should be reported: In general, a collaboration will involve some provision of a thing of value to, or from, the Recipient. A thing of value includes but may not be limited to all resources made available to, or from, the recipient in support of and/or related to the Award, regardless of whether or not they have monetary value. Things of value also may include in-kind contributions (such as office/laboratory space, data, equipment, supplies, employees, students). In-kind contributions not intended for direct use on the Award but resulting in provision of a thing of value from or to the Award must also be reported. Collaborations do not include routine workshops, conferences, use of the Recipient’s services and facilities by foreign investigators resulting from its standard published process for evaluating requests for access, or the routine use of foreign facilities by awardee staff in accordance with the Recipient’s standard policies and procedures. BUY AMERICAN REQUIREMENT FOR INFRASTRUCTURE PROJECTS (MAY 2024) A. Definitions Components See 2 CFR 184.3 “Definitions.” Construction Materials See 2 CFR 184.3 “Definitions.” Buy America Preference, Buy America Requirement, or domestic content procurement preference” means a requirement that no amount of funds made available through a program for federal financial assistance may be obligated for an infrastructure project unless— (A) all iron and steel used in the project are produced in the United States; (B) the manufactured products used in the project are produced in the United States; or (C) the construction materials used in the project are produced in the United States. Infrastructure See 2 CFR 184.4 (c) and (d). Manufactured Products See 2 CFR 184.3 “Definitions.” Predominantly of iron or steel See 2 CFR 184.3 “Definitions." Infrastructure Project- See 2 CFR 184.3 “Definitions." Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure should be considered “public” if it is: (1) publicly owned or (2) privately owned but Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 22 utilized primarily for a public purpose. Infrastructure should be considered to be “utilized primarily for a public purpose” if it is privately operated on behalf of the public or is a place of public accommodation. B. Buy America Requirement for Infrastructure Projects (Buy America Requirement) None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless: 1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. All manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. See 2 CFR 184.5 for determining the cost of components for manufactured products; and 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. See 2 CFR 184.6 for construction material standards. The Buy America Requirement only applies to those articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to the infrastructure in the project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. The Buy America Requirement only applies to an article, material, or supply classified into one of the following categories* based on its status at the time it is brought to the work site for incorporation into an infrastructure project: (i) Iron or steel products; (ii) Manufactured products; or (iii) Construction materials; The Buy America Requirement only applies to the iron or steel products, manufactured products, and construction materials used for the construction, alteration, maintenance, or repair of public infrastructure in the United States when those items are consumed in, incorporated into, or permanently affixed to the infrastructure. An article, material, or supply incorporated into an infrastructure project should not be considered to fall into multiple categories, but rather must meet the Buy America Preference Requirement for only the single category in which it is classified. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 23 All iron and steel, manufactured products, and construction materials used in the infrastructure project must be produced in the United States. * Section 70917(c) of the BABA states that “construction materials” do not include cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Section 70917(c) materials are excluded from Construction materials. Asphalt concrete pavement mixes are typically composed of asphalt cement (a binding agent) and aggregates such as stone, sand, and gravel. Accordingly, asphalt is also excluded from the definition of Construction materials. Section 70917(c) materials, on their own, are not manufactured products. Further, Section 70917(c) materials should not be considered manufactured products when they are used at or combined proximate to the work site—such as is the case with wet concrete or hot mix asphalt brought to the work site for incorporation. However, when certain Section 70917(c) materials (such as stone, sand, and gravel) are used to produce a manufactured product, such as is precast concrete processed into a specific shape or form, and is in such state when brought to the work site, then that product is subject to the BABA requirements. Further clarification is provided in 2 CFR 184 on the circumstances under which a determination is made that Section 70917(c) materials should be treated as components of a manufactured product. That determination is based on consideration of: (i) the revised definition of the “manufactured products” at 2 CFR 184.3; (ii) a new definition of “section 70917(c) materials” at 2 CFR 184.3; (iii) new instructions at 2 CFR 184.4(e) on how and when to categorize articles, materials, and supplies; and (iv) new instructions at 2 CFR 184.4(f) on how to apply the Buy America preference by category. Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project. C. Certification of Compliance Recipients must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this award. Recipients must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption provided in 2 CFR 184.8, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the recipient. Recipients must keep these certifications with the award/project files and be able to produce them upon request from DOE, auditors or Office of Inspector General. D. Waivers When necessary, recipients may apply for, and DOE may grant, a waiver from the Buy America Requirement. Waiver requests are subject to review by DOE and the Office of Management and Budget, as well as a public comment period of no less than 15 calendar days. 1. Waivers must be based on one of the following justifications: a) Public Interest- Applying the Buy America Requirement would be inconsistent with the public interest; Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 24 b) Non-Availability- The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or c) Unreasonable Cost- The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. 2. Requests to waive the Buy America Requirement must include the following: ● Waiver type (Public Interest, Non-Availability, or Unreasonable Cost); ● Recipient name and Unique Entity Identifier (UEI); ● Award information (Federal Award Identification Number, Assistance Listing number); ● A brief description of the project, its location, and the specific infrastructure involved; ● Total estimated project cost, with estimated federal share and recipient cost share breakdowns; ● Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns; ● List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each; ● A detailed justification as to how the non-domestic item(s) is/are essential the project; ● A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and non-proprietary communications with potential suppliers; ● A justification statement—based on one of the applicable justifications outlined above—as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America- compliant bids received for domestic products in response to a solicitation; ● A description of the market research conducted that includes who conducted the market research, when it was conducted, sources that were used, and the methods used to conduct the research; and ● Anticipated impact to the project if no waiver is issued. 3. How to submit a waiver Requests to waive the application of the Buy America Requirement must be submitted in writing to your cognizant Contracting Officer or Grants Officer. DOE may request, and the recipient must provide, additional information for consideration of this wavier. DOE may reject or grant waivers in whole or in part depending on its review, analysis, and/or feedback from OMB or the public. DOEs final determination regarding approval or rejection of the waiver request may not be appealed. Waiver requests may take up to 90 calendar days to process. REPORTING, TRACKING AND SEGREGATION OF INCURRED COSTS (MARCH 2023) BIL funds can be used in conjunction with other funding, as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the BIL and related Office of Management and Budget (OMB) Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 25 Guidance. The Recipient must keep separate records for BIL funds and must ensure those records comply with the requirements of the BIL. Funding provided through the BIL that is supplemental to an existing grant or cooperative agreement is one-time funding. DAVIS-BACON REQUIREMENTS (NETL – JUNE 2024) This Award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2,000 on a project assisted in whole or in part by funds made available under this Award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA) and its implementing regulations in 29 CFR parts 1, 3, and 5 (collectively the “Davis-Bacon Act Requirements”). Award recipients shall provide written acknowledgement and confirmation of compliance with the Davis-Bacon Act Requirements which include but are not limited to: 1. Ensuring that laborers and mechanics on BIL funded/assisted projects are paid at least the prevailing wage for their work classification on applicable projects. 2. Ensuring that laborers and mechanics on BIL funded/assisted projects are paid on a weekly basis. 3. Ensuring that the applicable wage determination(s) for construction work performed by laborers and mechanics employed by the recipient, subrecipients, contractors, or subcontractors are identified and obtained from the database at www.sam.gov, by 1) selecting “Wage Determinations,” then, 2) selecting “Public Buildings and Public Works,” then, 3) filtering search results by State (selecting the appropriate state from the drop-down menus), and by County or Independent City (selecting the appropriate County/Independent City from the drop-down menu) in which the work will take place, then, 4) selecting the appropriate construction type (e.g., Building, Residential, Heavy, or Highway). The appropriate wage determination number hyperlink should be selected from the result. If the wage determination which opens lists a “Last Revised Date” after the date of the contract award/start of construction, then scroll to the bottom of the document, and under History, click on the wage determination with the date closest to, but still before the date of contract award/start of construction. 4. Ensuring that applicable wage determination(s) are uploaded to LCPtracker (see below section on LCPtracker). 5. Ensuring that the applicable wage determination(s) and the required contract provisions per 29 CFR 5.5 are flowed down to and incorporated into any applicable contracts/subcontracts or subrecipient awards. 6. Preserving a copy of the applicable wage determination(s) identified and obtained from www.sam.gov, for a period of 3 years after the construction, alteration or repair work herein is completed. 7. Maintaining responsibility for compliance by any lower-tier subcontractors or subrecipients subject to the Davis-Bacon Act Requirements. 8. Receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy as needed and identifying potential compliance issues. 9. Maintaining original certified weekly payrolls for 3 years after the completion of the project and making those payrolls available to the Department of Energy or the Department of Labor upon request. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 26 10. Conducting site-visit interviews with employees as needed to provide reasonable assurance of compliance with subcontractors and subrecipients. 11. Cooperating with authorized representatives of the Department of Energy or Department of Labor in the inspection of DBA-related records, on-site interviews of laborers and mechanics, and other reasonable requests related to a DBA investigation. 12. Posting in a prominent and accessible place the applicable wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects. 13. Notifying the Contracting Officer of Davis-Bacon Act Requirement issues, including complaints, violations (as defined in 29 CFR 5.7), disputes (pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14), disputed DBA-related determinations, Department of Labor investigations, or legal/judicial proceedings related to the Davis-Bacon Act Requirements under this contract, subcontract, or subrecipient award. 14. Preparing and submitting the Semi-Annual Labor Enforcement Report, by April 21 and October 21 of each year, in accordance with the reporting instructions in Attachment 2, Federal Assistance Reporting Checklist. 15. Maintain competency in complying with Davis-Bacon Act Requirements. The Contracting Officer will notify the recipient of any DOE-sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events. To avoid voluminous attachments under this award, all applicable wage determination(s) included in the www.sam.gov database and uploaded to LCPtracker are incorporated by reference herein as if set forth and attached in full. The applicable wage determination(s) are effective herein even if they have not been attached to the contract/subcontract(s) or subrecipient awards thereunder or have not been correctly identified and obtained from www.sam.gov and/or uploaded to LCPtracker. The Department of Energy has contracted with LCPtracker, a third-party DBA electronic payroll compliance software application. A waiver for the use of LCPtracker may be granted to a particular contractor or subcontractor if they are unable or limited in their ability to use or access the software. Davis-Bacon Act Electronic Certified Payroll Submission Waiver A waiver must be granted before the start of work subject to Davis-Bacon Act requirements (e.g., construction, alteration, or repair work). The recipient does not have the right to appeal DOE’s decision concerning a waiver request. For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-construction. AFFIRMATIVE ACTION AND PAY TRANSPARENCY REQUIREMENTS (SEPTEMBER 2023) Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 27 All federally assisted construction contracts exceeding $10,000 annually will be subject to the requirements of Executive Order 11246: (1) Recipients, subrecipients, and contractors are prohibited from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin. (2) Recipients and Contractors are required to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. This includes flowing down the appropriate language to all subrecipients, contractors and subcontractors. (3) Recipients, subrecipients, contractors and subcontractors are prohibited from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, under certain circumstances, the pay of their co‐workers. The Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical Assistance Guide should be consulted to gain an understanding of the requirements and possible actions the recipients, subrecipients, contractors and subcontractors must take. See OFCCP’s Technical Assistance Guide at: https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b11 1ec9d8e6fecb6c710ec. Additionally, for construction projects valued at $35 million or more and lasting more than one year, Recipients, subrecipients, contractors, or subcontractors may be selected by OFCCP to participate in the Mega Construction Project Program. DOE, under relevant legal authorities including Sections 205 and 303(a) of Executive Order 11246, will require participation as a condition of the award. This program offers extensive compliance assistance with EO 11246. For more information regarding this program, see https://www.dol.gov/agencies/ofccp/construction/mega-program. POTENTIALLY DUPLICATIVE FUNDING NOTICE (MARCH 2023) If the Recipient or subrecipients have or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds (i.e., recipient cost share and federal funds) from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under this Award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding. CONSTRUCTION SIGNAGE (MAY 2024) The Recipient is encouraged to display DOE Investing in America signage during and after construction. Guidance can be found at: (https://www.energy.gov/design). Proposed signage costs that meet these specifications are an allowable cost and may be included in the proposed project budget. POST AWARD DUE DILIGENCE REVIEWS (APRIL 2024) During the period of performance of the Award, DOE may conduct ongoing due diligence reviews, through Government resources, to identify potential risks of undue foreign influence. In the event a risk is identified, DOE may require risk Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 DE-GD0000006 / 0001 28 mitigation measures, including but not limited to, requiring an individual or entity not participate in the Award. As part of the research, technology, and economic security risk review, DOE may contact the Recipient project team members for additional information to inform the review. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 1 of 7 Version 12.2023 EXHIBIT C, GRANT FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS. 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2 These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers. 2.1.2. “Entity” means: 2.1.2.1. a Non-Federal Entity; 2.1.2.2. a foreign public entity; 2.1.2.3. a foreign organization; 2.1.2.4. a non-profit organization; 2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or 2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.3. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.4. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 2.1.5. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.6. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. Grantee also means Subrecipient. 2.1.7. “Non-Federal Entity” means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.8. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 2 of 7 Version 12.2023 2.1.8.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.8.2. Is not organized primarily for profit; and 2.1.8.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.9. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.10. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.11. “Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.12. “Subaward” means an award by a Recipient to a Subrecipient or a Grantee funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.13. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program. Subrecipient also means Grantee. 2.1.14. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 2.1.15. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.15.1. Salary and bonus; 2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.15.4. Change in present value of defined benefit and actuarial pension plans; 2.1.15.5. Above-market earnings on deferred compensation which is not tax-qualified; Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 3 of 7 Version 12.2023 2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.17. “Unique Entity ID” means the Unique Entity ID established by the federal government for a Grantee or Subrecipient at https://sam.gov/content/home. 2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 3. COMPLIANCE. 3.1. Subrecipient shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Subrecipient of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID REQUIREMENTS. 4.1. SAM. Subrecipient shall maintain the currency of its information in SAM until the Subrecipient submits the final financial report required under the Award or receives final payment, whichever is later. Subrecipient shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 4.2. Unique Entity ID. Subrecipient shall provide its Unique Entity ID to its Recipient, and shall update Subrecipient’s information at http://www.sam.gov at least annually after the initial registration, and more frequently if required by changes in Subrecipient’s information. 5. TOTAL COMPENSATION. 5.1. Subrecipient shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Subrecipient received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 4 of 7 Version 12.2023 5.1.2.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. Pursuant to the Transparency Act, Subrecipient shall report data elements to SAM and to the Recipient as required in this Exhibit. No direct payment shall be made to Subrecipient for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Subrecipient’s obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. 7.2. The procurement standards in §9 below are applicable to new Awards made by Recipient as of December 26, 2015. The standards set forth in §0 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. 8.1. Subrecipient shall report as set forth below. 8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Recipient no later than the end of the month following the month in which the Subaward was made: 8.1.1.1. Subrecipient Unique Entity ID; 8.1.1.2. Subrecipient Unique Entity ID if more than one electronic funds transfer (EFT) account; 8.1.1.3. Subrecipient parent’s organization Unique Entity ID; 8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and Congressional District; 8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met; and 8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 8.1.2. To Recipient. A Subrecipient shall report to its Recipient, upon the effective date of the Grant, the following data elements: 8.1.2.1. Subrecipient’s Unique Entity ID as registered in SAM. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 5 of 7 Version 12.2023 8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9.4. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never contract with the enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 9.5. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Subrecipient is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 6 of 7 Version 12.2023 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507), 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program- specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program- specific audit. 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. REQUIRED PROVISIONS FOR SUBRECEPIENT WITH SUBCONTRACTORS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Recipient, Subrecipients shall include all of the following applicable provisions; 12.1.1. For agreements with Subrecipients – Include the terms in the Grant Federal Provisions Exhibit (this exhibit) 12.1.2. For contracts with Subcontractors – Include the terms in the State of Colorado’s Contract Federal Provisions Exhibit. 13. CERTIFICATIONS. 13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 GRID # 0006-007 Exhibit C, Grant Federal Provisions Page 7 of 7 Version 12.2023 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Subrecipient with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non- Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass- through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 EXHIBIT D Page 1 of 3 OPTION LETTER #Insert # Here SIGNATURE AND COVER PAGE State Agency Colorado Energy Office Previous Agreement #(s) Insert CTGG1 number for orig Agreement, and any prior chg docs Option Letter Number Insert Option Ltr number for this Amendment Grantee Insert Grantee's Full Legal Name Agreement Performance Beginning Date Project Description Insert CEO's project number and name Grant Award Amount Initial Award: $Insert orig award amt Option Letter ## and date effective/spendable: $0.00 Option Letter ## and date effective/spendable: $0.00 Total Grant Amount: $Insert total award to date Program Name Grid Hardening for Small and Rural Communities and Advanced Grid Monitoring Programs Prior Grant Agreement Expiration Date Month Day, Year Current Grant Agreement Expiration Date Month Day, Year THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis GOVERNOR Colorado Energy Office By: ____________________________________ Date: ___________________ ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________________________________ Jonathon Bray, Office of the Governor, Controller Effective Date: ___________________ 1) OPTIONS: Choose all applicable options listed in §1 and in §2 a. Option to extend (use this option for Extension of Time) b. Change in the Grant Award Amount within the current term (use this option for an Increase or Decrease in Grant Funds, including Supplemental funding awards) Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 EXHIBIT D Page 2 of 3 c. Budget Line Adjustment(s) – reallocation of awarded Grant Funds to Budget Line(s) (use this Option to redistribute existing Grant Funds between budget lines) 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 2(C) of the original Grant Agreement between the State of Colorado, acting by and through the Colorado Energy Office, and Grantee's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date. Tables in Sections 4.3 and 4.6.1 of Exhibit A are deleted and replaced with the following: Milestone/Performance Measure Complete By: Put Project out to bid. Within __ days of the Effective Date of this Intergovernmental Grant Agreement. Award and finalize subcontract(s) and/or sub- grant(s). [give target date] Provide CEO with Project Timeline Within __ days of the Effective Date of the subcontract(s). Contractor mobilization/begin Work. Within __ days of the Effective Date of the subcontract(s). Submit Monthly Reimbursement Requests Monthly, by the 15th of the following month. Submit Quarterly Status Reports Monthly, by the 15th of the following month. Submit Quarterly Progress Reports (QPR) See §4.5.2 below Submit Project Final Report [give date certain] Quarter Year Due Date Quarterly Progress Report 1st (Jan-Mar) 2024 April 15, 2024 Yes 2nd (Apr-Jun) 2024 JULY 15, 2024* Yes 3rd (Jul-Sep) 2024 October 15, 2024 Yes 4th (Oct-Dec) 2024 January 15, 2025 Yes 1st (Jan-Mar) 2025 April 15, 2025 Yes 2nd (Apr-Jun) 2025 JULY 15, 2025* Yes 3rd (Jul-Sep) 2025 October 15, 2025 Yes 4th (Oct-Dec) 2025 January 15, 2026 Yes 1st (Jan-Mar) 2026 April 15, 2026 Yes 2nd (Apr-Jun) 2026 JULY 15, 2026* Yes 3rd (Jul-Sep) 2026 October 15, 2026 Yes 4th (Oct-Dec) 2026** January 15, 2027 Yes *State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. **This schedule will continue on the same quarterly basis through the end of the grant implementation and including the quarter following the end of the grant implementation. b. For use with Option 1(b): In accordance with Section 5(A) of the original Grant Agreement between the State of Colorado, acting by and through the Colorado Energy Office, and Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant Award Amount shown on the Summary of Terms and Conditions page of this Grant Agreement is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section 7.1, both of Exhibit A, are deleted and replaced with the following: Line # Cost Category Grant Funds Local Match Funds Total Project Cost Local Match Funds Source Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 EXHIBIT D Page 3 of 3 Personnel $ 0.00 Grantee Fringe Benefits Grantee Travel Grantee Equipment Grantee Supplies Grantee Contractual Grantee Construction Grantee Other Grantee Indirect Charges Grantee Total $ 0.00 $ 0.00 $ 0.00 Payment Amount Description Interim Payment(s) Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and CEO has accepted, all required reports. Total c. For use with Option 1(c): In accordance with Section 5(A)(i) of the original Grant Agreement between the State of Colorado, acting by and through the Colorado Energy Office, and Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The Budget table in Section 6.2 of Exhibit A is deleted and replaced with the following: Budget Line(s) Grant Funds Local Match Amount Total Project Cost Local Match Funds Source Line # Cost Category Personnel $ 0.00 Grantee Fringe Benefits Grantee Travel Grantee Equipment Grantee Supplies Grantee Contractual Grantee Construction Grantee Other Grantee Indirect Charges Grantee Total $ 0.00 $ 0.00 $ 0.00 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: CD4650C5-86F1-4BC2-A80B-690F8D6D82D2 SENT VIA ELECTRONIC MAIL 1600 Broadway, Suite 1960, Denver, CO 80202 Joe Lockhart, Line Foreman Town of Estes Park Power and Communications PO Box 1747 Estes Park, CO 80517 jlockhart@estes.org September 12, 2024 Subject: Estes Park Colorado Grid Hardening Grant Award Dear Joe Lockhart: Evaluation of your application received in response to the Request for Applications (RFA) Grid Hardening for Small and Rural Communities Grant has been completed at both the state and federal level. This has been completed in accordance with the process specified in the section “Application Review and Selection Process” of the RFA, following the State of Colorado Controller’s Policy on Competition Requirements for Grants, as well as the federal Infrastructure Investment and Jobs Act (IIJA) section 40101d Grid Resiliency, as administered by the U.S. Department of Energy and National Energy Technologies Laboratory. We are pleased to inform you that based on this evaluation, your application was approved by the State of Colorado and the US Department of Energy (DOE) for award. Date of Notification to DOE: 02/08/2024 Grant Recipient: Colorado Energy Office Grant Number: GD0000006 Eligible Entity Performing Work: Town of Estes Park (Estes Park) Project Title: Estes Park Undergrounding and Wildfire Hardening Project Subaward Value: $538,262 Subaward Cost Match: $184,633 (34.3%) Total Project Cost: $722,895 We will soon begin working on the contract between the Colorado Energy Office (CEO) and Estes Park, which we hope to finalize within 4-6 weeks. Any work, invoices, or payments made on this project before the finalization of the contracts will not be reimbursable expenses. This grant is provided from the IIJA 40101d Grid Resilience funding to States and Tribes, and will require federally required financial and impact reporting requirements. We will work closely ATTACHMENT 3 with you to help ensure timely reimbursement of your qualified project expenses as well as your providing the reporting requirements. Federal reporting requirements include: ● Weekly Reporting ○ Davis Bacon Act (DBA) compliance (only if employing laborers and/or mechanics through the grant, either directly or through a contractor) of competitive wages through certified payroll submissions via LCP Tracker Pro platform. ● Monthly Reporting ○ Financial reporting and invoicing ● Quarterly Reporting ○ Build metrics: ■ Miles of Distribution lines undergrounded ■ Miles of Distribution lines reconductored ● Annual reporting (as related to the project): ○ Iimpact metrics (Number of outages, Largest outage cause, number of individual customer outages that extend beyond 24 hours, outage by cause), including a five (5) year baseline, ○ job creation and training, ○ workforce demographics, ○ community engagement activities, ○ community engagement events On behalf of the Colorado Energy Office and the State of Colorado, I would like to sincerely thank you for your effort in applying for this grant opportunity as well as your patience in awaiting this award decision. We look forward to working with you to ensure that we can complete the contracting process and you may begin the implementation phase in a timely manner. If you have any questions, please contact me at gridresiliency@state.co.us or 970-631-6786. Sincerely, John Parks Electricity Markets and Transmission Policy Analyst ATTACHMENT 4 TOWN OF ESTES PARK POWER AND COMMUNICATIONS ORGANIZATION INFORMATION Name of Utility: Town of Estes Park Power and Communications Type of Utility: Municipally - Owned Principal Representative Name: Joe Lockhart Principal Representative Phone: (970) 577-3613 Principal Representative Email:jlockhart@estes.org Grant Administrator Name: Jamie Kuryllo Grant Administrator Phone: (916) 799-6371 Grant Administrator Email:jkuryllo@estes.org Project Title: Town of Estes Park Grid Hardening Project Location: Estes Park, Colorado Total Project Cost: $722,895.00 Grant Funding: $538,262.00 Match Funding: $184,633.00 ELIGIBILITY Community: Town of Estes Park Type of Utility: Municipally - Owned MWh / year: 2022 - 134,368.66 MWh Population: 5,880 Demographics: 1. Housing cost burdened communities Census Tract 28.02 - Housing Cost Burdened Percentile - 72.136 2. Linguistically isolated communities Census Tract 28.01 - Percent Linguistic Isolation Percentile - 71.336 Census Tract 28.02 - Percent Linguistic Isolation Percentile - 71.255 3. Historically marginalized communities Census Tract 28.01 - Percent Disability Percentile - 82.553 Census Tract 28.02 - Percent Disability Percentile - 76.979 Census Tract 28.01 - Mental Health Indicator Percentile - 66.345 Census Tract 28.01 - Mental Health Indicator Percentile - 70.773 Census Tract 28.01 - Population Over 64 Percentile - 99.119 Census Tract 28.02 - Population Over 64 Percentile - 96.717 Census Tract 28.01 - Impaired Streams and River Percentile - 80.819 Census Tract 28.02 - Impaired Streams and River Percentile - 70.797 Census Tracts 28.01 & 28.02 - Proximity to Mining Locations Percentile - 72.938 Census Tracts 28.01 & 28.02 - Proximity to Oil and Gas Percentile - 80.544 4. Justice40 Census Tract 28.03 - Justice 40 - True ATTACHMENT 5 APPLICATION NARRATIVE PROJECT DESCRIPTION The Town of Estes Park respectfully requests grant funding to harden 4,400 feet of electrical infrastructure which will significantly improve the resiliency of the electric grid from a variety of impacts such as weather, wildfire and natural disaster. This involves placing 1,800 feet underground and installing 2,700 feet of covered conductor. The Town of Estes Park Power and Communications Division is a municipal utility that sells 134,368.66 million MWh per year to a community of 5,880 permanent residents. The Division analyzed power outage, GIS and wildfire risk data in order to prioritize a project that would have the biggest impact on the community. The proposed project is located on Moraine Ave. This is a main line feeder that connects the two Estes Park substations. This line was installed in the 70’s and can not support increased loads from future growth, emergency situations, or needed maintenance on one of our two substations. All work in this grant request will be completed by Town of Estes Park employees. Estimated Timeline Award Notification: January - February 2024 Town Acceptance: March 2024 Project Reporting: Quarterly, Continuous Project Design: April - May 2024 Project Permitting: May 2024 Project Work: Phase 1: 2024 Complete trenching Install underground conduit Phase 2: 2025-2026 Transition power to underground Install new poles and pull in new insulated power lines Remove overhead infrastructure, where we installed conduit Recycle metal and dispose of all wood Project Closeout: Upon completion of work. The total cost of this project is $722,895.00 with $538,262.00 in grant funding and $184,633.00 of cash match. Cost breakdown Labor - $175,259.00 Equipment - $82,211.00 Supplies - $411,063.00 Other - $54,362.00 The Town of Estes Park welcomes representatives of CEO and DOE/NETL to conduct a site visit to review project accomplishments. ANTICIPATED NEED AND PROJECT IMPACT There is a strong demonstrated need for the requested grant dollars based on the Town’s historically underserved population, aging utility infrastructure, climate vulnerability and financial need. NEED - POPULATION The 2020 Community Health Needs Assessment and Implementation Strategy developed by Estes Park Heath illustrates that Estes Valley’s population is more vulnerable than that of Larimer County and the State of Colorado. Age - The Town of Estes Park has one of the oldest populations in Colorado, with a median age of 62, and 92% of the population within the Census defined “dependency ratio,” including those under 18 or over 65. Across the entire Estes Valley, there is a median age of 58 and an 83% dependency ratio. In addition to this data,Colorado EnviroScreen gives census tract 28.01 a score of 99.119 for their population over 64 percentile and census tract 28.02 a score of 96.717 for their population over 64 percentile. Language - Colorado EnviroScreen identifies census tracts 28.01 and 28.02 as linguistically isolated communities with a percent linguistic isolation percentile of 71 which means there are a large number of households where all adults speak a language other than English and speak English less than very well. Ethnicity - Estes Valley is less ethnically diverse than Larimer County as a whole. 91.5% of Estes Valley residents are non-Hispanic/Latinx white, compared to 82.5% of Larimer County residents. However, there is a growing Hispanic/Latinx population in certain parts of the Estes Valley community. In census tract 28.02, which contains the Town of Estes Park, over 12% of residents identify as Hispanic/Latinx, an increase from 5.9% in 2010. Socioeconomic status - Estes Valley residents are more likely to live in poverty than residents of the State of Colorado. 19.2% of Estes Valley residents have an income below the Federal Poverty Level ($26,200 for a family of four in 2020), which is higher than the proportions of Larimer County residents (11.8%) and State of Colorado residents (11.1%).In addition to this data, Colorado EnviroScreen gives census tract 28.02 a housing cost-burdened percentile score of 72.146 - these households are spending more than 30% of their income on rent or mortgage payments. Veteran status - The Estes Valley area has a slightly higher proportion of veterans (11.2%) than Larimer County (7.7%), and the State of Colorado (8.9%). Justice40 - According to Colorado Enviroscreen, census tract 28.03 meets the Justice40 requirements. This area does not fall within the Town’s boundary, however, the Town’s Power and Communications Division provides power to this location. NEED - CLIMATE The Town of Estes Park has a climate vulnerability score in the high 90th percentile.The percentile for census tract 28.01 is 97.198 while the percentile for census tract 28.02 is 94.476. This means that the Town of Estes Park has a significantly higher risk of drought, flood, extreme heat and wildfire compared to the rest of the state. The community is at highest risk for wildfires and extreme heat days, with both census tracts in the 90th percentile for these risks. 28.01 Extreme Heat Days Percentile 90.552 Wildfire Risk Percentile 94.235 28.02 Extreme Heat Days Percentile 94.235 Wildfire Risk Percentile 91.433 Extreme heat days often coincide with red flag warning days. In 2020, Estes Valley experienced 24 red flag warnings which indicate increased risk of extreme fire behavior due to a combination of hot temperatures, very low humidity, dry fuels, strong winds, and the presence of thunderstorms. These strong winds and thunderstorms significantly increase the risk of power outages in Estes Valley. Unfortunately, the high risk of extreme fire behavior was demonstrated on November 16, 2021, when high winds made a tree fall on our powerline, igniting the Kruger Rock Fire. That fire resulted in the death of firefighting pilot Marc Thor Olson. We believe infrastructure hardening with tree cable, also known as covered conductors, would have avoided this fire and the death of Mr. Olson. NEED - UTILITY OPERATIONS The Town of Estes Park utilized the American Public Power Association’s 2022 annual benchmarking report to analyze power outages in the Town and region. This report reflects data in the eReliability Tracker from January 1, 2022 to December 31, 2022. Data showed that the Town of Estes Park’s Power and Communication Division has a higher frequency and duration of power outages than other regional utilities. SAIDI is the average duration (in minutes) of an interruption per customer served by the utility during a specific time frame. Town of Estes Park - 60.47 Utilities in Region - 53.09 SAIFI is the average number of instances a customer on the utility system will experience a sustained interruption during a specific time frame. The Town of Estes Park scored 0.42, which is similar to the region. CAIDI is the average duration (in minutes) of an interruption experienced by customers during a specific time frame. Town of Estes Park - 144.11 Utilities in Region - 102.20 Interruptions Per Mile Town of Estes Park - 0.48 Utilities in Region - 0.34 Minutes of Interruptions Per Mile Town of Estes Park - 237.83 Utilities in Region - 56.69 Outages in Estes Park are primarily tied to equipment failures and wind, both of which will be addressed by hardening the Town’s electric infrastructure. NEED - FINANCIAL The Town of Estes Park’s Power and Communications Division provides quality electric power to approximately 11,000 rural electric accounts. This includes delivering power to the eastside of Rocky Mountain National Park which is visited by more than 4.5 million people each year. Power and Communication is responsible for: ● Maintaining more than 3,083 transformers ● Maintaining 2 substations ● Maintaining over 300 miles of distribution lines ● Constructing infrastructure for new developments ● Reading all electric meters ● Maintaining approximately 500 Town-owned street lights ● Conducting monthly billing and collection ● Complying with federal reporting requirements As a municipal electric utility, the Town of Estes Park’s Power and Communications Division differs significantly from a private utility. The Town’s Power and Communications Division operates under an enterprise fund that relies solely on user fees to operate. As a public electric utility, the goal of the Town’s Power and Communication Division is to keep the cost of power at the lowest price possible while providing high-quality and reliable service. Costs and revenues must be balanced to maintain operations and keep utilities in line with ever-increasing federal standards and customer needs and expectations. Additionally, Town practice is to maintain fund balances that are at least equal to 90 days (or 25%) of operating expenses which is currently ~$5,000,000. There are also formal fund balance restrictions resulting from bond / debt issuances. 2023 Enterprise Fund: $19,763,639 Capital Projects, Electric Reconstruction - $ 1,263,300 Capital Project, Electric Expansion - $930,272 Capital Project, Communications (Municipal Broadband Bond Funded) - $3,618,776 Capital, Other (Vehicles, Meters, Computers, Transformers, etc.) - $2,265,420 Dist.Operation/Maintenance - $3,585,871 Purchase of Power - $8,100,000 In recent years, both the Town’s General Fund (GF) and the Power and Communication Enterprise Fund (EF) represent a significant investment into its capital assets.Large projects for 2023 include: 1. EF - $30,000,000 - Power and Communication began providing a gigabyte broadband service over a fiber to premise network late in 2019. Due to the COVID-19 pandemic, the buildout slowed down in 2020 but did continue to connect more and more households. Buildout will continue in 2023 and beyond until completed. 2. EF - $200,000 for last 4 years - Power and Communication are replacing aged poles and bare copper with insulated tree cable to extend the life of the system. 3. GF - $500,000 - The Town is partnering with Estes Valley Fire Protection District on wildland mitigation projects. The cost to appropriately harden all electric infrastructure in the Town of Estes Park is approximately $10,000,000. At the Town’s current pace, with $200,000 budgeted each year, this project will take 50 years to complete. Although utility rates are studied every three years, the rates could never be raised to an amount that would allow for a significant portion of this work to be completed. Additionally, as an Enterprise Fund, there are restrictions on receiving revenue from the General Fund. This request would increase the pace of the Town’s utility hardening project. The Town understands the importance of this grant request and did its best to develop a project that would provide significant benefit to the community by: 1. Utilizing CWPP, GIS and outage data to identify high-risk areas. 2. Prioritizing aging infrastructure within those high-risk areas. 3. Developing a project that connects to other fire mitigation work that, when combined, offers more benefits than when taken individually - 57 acre Mary’s Lake Forest Health Project. PROJECT IMPACT Metrics that will be utilized to measure success during the grant period of performance include: Feet Placed Underground: Target - 1,800 Feet of Covered Conductor: Target - 2,700 Increased Load: Target - 10% Reduced Outage Frequency: Target - 0-3 outages per year The hardening of 4,400 feet of utility infrastructure between the Town’s two substations will positively impact: 1. Safety & Resilience: First, underground utility systems and covered conductor are less vulnerable to external forces compared to above ground infrastructure. In the Town of Estes Park, these external forces include wind, wildfire and flooding. Second, the lines being replaced are 50 years old and replacing them will reduce the number of equipment failure outages (9 in 2022). Third, this grant project involves a main line feeder that connects the two Estes Park substations. Previously, if one substation went out, the old line could not handle any extra load and 900 customers would be without power. The increased capacity of the new line will be able to handle the extra load and keep electricity flowing to all customers. This project will help ensure uninterrupted service to 635 homes and businesses. This reliability is critical, especially when taking into consideration the communities large senior population who are more susceptible to health impacts caused by extreme temperatures when power outages make A/C and heat inaccessible and a number of whom rely on oxygen or other lifesaving medical devices. In addition to reducing outages, the underground portion of this project will minimize safety hazards such as electrocution and fallen poles. 2. Economic Stability Keeping the lights on with more reliable electrical infrastructure helps maintain business continuity. The Town of Estes Park derives over 60% of its General Fund revenues from sales tax which makes it essential to keep steady business revenue. 3. Aesthetics: Placing 1,800 feet of utility lines underground will eliminate unsightly poles and wires, allowing for unobstructed views of the Rocky Mountains. As the gateway to the Rockies, maintaining a clean and visually appealing environment is critical to growing Estes Park’s tourism industry. This also directly ties into economic stability noted above. According to an economic data report prepared by Dean Runyan Associates, Estes Park’s tourism industry continues to positively contribute to the local economy and community. The report shows that tourism-related spending in Estes Park has generated 3,100 jobs and contributes $3,270 per resident household in local tax receipts. 4. Sustainability: The Platte River Power Authority’s goal is to transition to 100% renewable energy by 2030. This involves shutting down a coal plant that feeds to Estes Park and transitioning to wind, hydro and solar power. This transition will require large enough infrastructure to enable greater electric utility integration. It also involves adding new technologies such as battery storage and software. The new infrastructure will increase the size of the power line to handle this future load. 5. Longevity: The protection provided by burying infrastructure underground reduces the need for frequent repairs and replacements which will result in cost savings. Additionally the underground lines will likely have a longer lifespan - although the line being replaced is 50 years old, the underground line is expected to last 75 years. LABOR IMPACT All work in this grant request will be completed by Town of Estes Park employees. The Town’s Power and Communications Division has 31 full-time employees and, within that, there are 12 employees that focus on capital improvement projects such as the work proposed in this grant request. (1) Light & Power Line Superintendent (1) Materials Management Specialist (1) Line Crew Supervisor – Capital Construction (1) Lead Line Equipment Specialist (1) Line Equipment Specialist (2) Lead Lineworkers (3) Lineworkers (2) Groundworkers All employees are appropriately credentialed. Town line workers have completed a Journeyman Lineman certificate from an accredited four-year apprentice program and possess a Valid Colorado Class A Commercial Driver’s license. During this program, line workers learn pole climbing and construction; installation of underground cable and terminations; proper use of personal protective equipment; pole top and bucket rescue; proper handling of hazardous material; and construction standards and safety codes. Safety is always the top priority. The Power and Communications Division hosts monthly safety meetings to discuss near misses, the monthly safety topic, upcoming projects and the APPA Safety manual. Employees are required to complete a yearly defensive driving evaluation and become certified in CPR, AED and First Aid. Additionally, the Town ensures that Aerial Lifts/Crane Inspections are completed daily by Town personnel and yearly by an external company. The Town of Estes Park also prioritizes continued education - both internal and external. And as a member of the Colorado Intergovernmental Risk Sharing Agency, specific training is required of all staff each year. In 2022, Estes Valley Fire Protection District hosted a Wildfire Fundamentals course which provided information on how utility employees and District firefighters can safely interact during a wildfire incident. External courses completed by Town employees in recent years include: CDOT Flagger Certification Installations Rigger/Signalperson Digger Derrick Operator Advanced Transformers Mobile Crane Operator First Year Hotsticking Forklift Operator Hot Tension Stringing Certified Infrared Thermographer Confined Space Awareness Traditional Voltage Regulator School PROJECT READINESS The Town of Estes Park’s project was developed based on its administrative, operational and technical readiness. ADMINISTRATIVE With 26 years of experience, this project will be led by Joe Lockhart, the Town of Estes Park’s Line Superintendent. The Town’s Grant Coordinator, Jamie Kuryllo, has over 10 years of experience managing local, state and federal grants for government agencies, and will ensure all administrative requirements are met (i.e.: procedural, financial and reporting). Design work will be completed by the Town’s Line Superintendent (Joe Lockhart ) and begin immediately upon award. The section of line being updated in this project will require just one permit from the Town. Since the project is taking place in the backcountry, and does not involve cutting road, the permit is expected to be issued within just 1-3 business days. OPERATIONAL All work in this grant request will be completed in-house. The Town of Estes Park’s Power and Communications Team has 31 full-time employees with 12 of those employees specifically involved in capital projects such as this grant request: The Town of Estes Park’s Power and Communications Team is highly skilled - team members meet all education and certification requirements for their field. For this project, specifically, all members of the line crew completed a four-year apprenticeship program and all members of the trenching crew completed a two-year apprenticeship program. The Town of Estes Park’s Power and Communications Team also has sufficient resources to complete the requested project including: Excavators Dump trucks Skid steers Large stockpile of conduit Large stockpile of wire TECHNICAL Recent storms and wildfires have demonstrated the importance of hardening the Town’s utility infrastructure. Underground cable technology offers enhanced reliability, reduced outages, lower maintenance costs, increased safety, and improved aesthetics. Based on these lessons learned, the Town of Estes Park decided to move forward with a project that would harden 4,400 feet of power lines which includes 1,800 feet underground. The Power and Communications Division has proven experience with underground cable technology. Since 2017, the Town of Estes Park has installed 37,617 feet or miles of underground power lines in the community’s most high-risk areas. Since installation, Estes Park has experienced severe temperatures, harsh winds, historic wildfires and subsequent flash flooding in burn impacted areas. Being underground, the new lines were protected from it all, reducing the number of environmental caused outages. Unfortunately, not all power lines in Estes Park can be placed underground due to extremely rocky terrain. A significant portion of power lines in this grant request have been identified as being capable of being placed underground. The remaining will be replaced with covered conductor. ORGANIZATIONAL, LOCAL AND REGIONAL PLANS This request is in direct alignment with organizational, local and regional plans. The Town’s 2023 Strategic Plan states that the Town will provide high quality, reliable, and sustainable electric service. This grant request will immediately improve reliability and allow the lines to handle future load capacity. The Town’s Power and Communication 2022 Wildfire Mitigation Plan discusses system hardening. Each new capital improvement and upgrade project located in high-risk fire areas is evaluated to be installed underground versus overhead where practical. The line in this grant request was evaluated and 1,800 feet of new line will be installed underground. The remaining 2,800 feet will utilize covered conductor. Estes Valley’s 2022 Community Wildfire Protection Plan (CWPP) includes a wildfire risk analysis, prioritization of mitigation activities, and implementation recommendations. This grant request utilized data from the CWPP to understand where the highest-risk lines are and prioritize underground work in those areas. The Platte River Power Authority’s goal is to transition to 100% renewable energy by 2030. This involves shutting down a coal plant that feeds to Estes Park and transitioning to wind, hydro and solar power. This transition will require large enough infrastructure to enable greater electric utility integration. It also involves adding new technologies such as battery storage and software. An added benefit of this grant request is that it will increase the size of the power line to handle this future load. PROJECT MATCH Total Project Cost: $722,895.00 Grants Funds (75%): $538,262.00 Match Funds (25%): $184,633.00 The Town of Estes Park commits to providing a cost match of one-third the total grant award. Match funds for this grant request include salary costs funded by the Enterprise Fund. Position Estimated Project Hours Hourly Salary Total Match Funds (Hours x Salary) Light & Power Line Superintendent 25 $83.07 $2,077 Materials Management Specialist 50 $42.78 $2,139 Line Crew Supervisor 250 $75.52 $18,880 Lead Line Equipment Specialist 375 $49.13 $18,424 Line Equipment Specialist 375 $44.66 $16,748 Lead Lineworkers 220 $57.39 $12,626 (2) Groundworkers 750 $40.60 $30,450 (3) Apprentice Lineworkers 650 $49.74 $32,331 Fringe Benefits $41,485 Skid Steer 360 $26.04 $9,374 TOTAL MATCH: $184,633.00 IDENTIFICATION OF OTHER FEDERAL APPLICATIONS FEMA Pre-Disaster Mitigation Grant CFDA #97.047 Award # EMD-2023-PD-0001 Encumbrance # 23LPDM01EP Total Project Cost: $1,060,000.00 Grant Funding: $785,937.00 Match Funding: $274,063.00 The FEMA Pre-Disaster Mitigation Grant is for the insulated overhead cable in south Estes Park. This grant request - Colorado Grid Hardening for Small and Rural - is for the undergrounding of electrical infrastructure in the center of Estes Valley. Although this grant request and the FEMA Pre-Disaster Mitigation Grant have a similar goal - harden electrical infrastructure - there is no overlap of the projects or funding. BUY AMERICA BUILD AMERICA All products that will be purchased with grant funds are manufactured in the United States and comply with the Buy America Build America (BABA) component of the BIL. The Town of Estes Park requires all vendors to certify that they comply with BABA. RESUME - ORGANIZATION PRINCIPAL REPRESENTATIVE Joe Lockhart Line Superintendent 615 Elm Rd Estes Park, CO 80517 (970)577-3613 jlockhart@estes.org SKILLS As the Line Superintendent performs complex technical and administrative work supervising the installation, maintenance and repair of electric/ fiber distribution lines and related facilities, working on the annual budget, present equipment needs, and promoting safety and customer satisfaction. EXPERIENCE Town of Estes Park, CO - Power & Communications Line Superintendent June 2012 - PRESENT ● Transitioned department to in-house construction from outside contractors improving the quality of work and reducing costs ty 50% ● Managed ten large scale overhead and underground infrastructure projects totaling 156,000 feet of powerline construction worth $2.8 million of Capital investment. ● Administered the launch of a new municipal broadband utility. Managed infrastructure design, engineering, and construction for 11,000 customers across 350 square mile service territory. ● Directed the implementation of a new cloud based work order and inventory management system. Transitioning to Lucity has led to improved budget management, streamlined crew work processes, and tightened inventory controls. ● Led the implementation of advanced metering infrastructure program deploying smart electric meters to 95% of electric customers and network infrastructure across the service territory. Town of Estes Park, CO - Light & Power Crew Chief June 2005 - June 2012 ● Directed day to day operations of the line crews, managing daily schedules, customer service and work orders ● Responsible for crew safety program, implementing the use of daily job briefings and tailgate safety meetings ● Established Department of Labor recognized lineworker apprenticeship program to facilitate training and retention of high quality journey lineworkers. To date, over two dozen apprentices have participated in this program. TRAINING AND CERTIFICATIONS Utilities Telecom Council/Light Brigade -Fiber Optic Professional Level 2 Designer April 2016 Knowledge-based certification for design, administration, operation, and supervision of a utility fiber optic network Northwest Line College - Certificate August 1997 - November 1997 16-week classroom and practical training course covering electrical theory and service delivery, electrical devices, rigging, loads and equipment OSHA 10-Hour Electrical Transmission & Distribution Training AWARDS 2022 - Top 25% electric reliability - APPA 2019 - Cabling Installation & Maintenance Platinum Innovators Awards - Dura-Line FuturePath Figure-8 in Estes Park 2018 - Plastics Pipe Institute Project of the Year - Dura-Line 2018 - RP3 Gold Designation - APPA RESUME - GRANT ADMINISTRATOR JAMIE L. KURYLLO EDUCATION University of the Pacific, Sacramento, California Juris Doctor and Public Law & Policy Certificate, May 2013 CERTIFICATIONS ICS 100/200/300/400/700/800 – FEMA L975 All Hazards Position Specific Finance/Administration Unit Leader – FEMA EXPERIENCE Town of Estes Park, Estes Park, Colorado Grant Writer,August 2023–Present ● Write and administer Federal, State, Local and private grants ○ Ready, Set, Go! ○ Colorado Strategic Wildfire Action Program ○ Community Wildfire Defense Grant City of Bellevue Fire Department, Bellevue, Washington Grant Coordinator,May 2022–August 2023 ● Wrote and administered Federal, State, Local and private grants ○ Urban Area Security Initiative Program ○ Emergency Management Performance Grant ○ U.S. Department of Transportation - Technical Assistance Grants ○ U.S Department of Justice - Edward Byrne Memorial Justice Assistance Grant ○ FEMA Assistance to Firefighters Grant ○ State of Washington Department of Ecology ○ FM Global Insurance ○ State Farm Insurance ○ Medic One Foundation ○ Last Call Foundation Mountain Girl Grants, Reno, Nevada Owner/Grant Writer,September 2020–May 2022 ● Wrote and administered Federal, State, Local and private grants ○ FEMA Assistance to Firefighters Grant ○ FEMA Staffing for Adequate Fire and Emergency Response Grant ○ FEMA Fire Prevention & Safety Grant North Tahoe Fire Protection District, Tahoe City, California Administrative Assistant II/Clerk of the Board, August 2015–July 2017 ● Wrote and administered Federal, State, Local and private grants ○ FEMA Assistance to Firefighters Grant ○ FEMA Staffing for Adequate Fire and Emergency Response Grant ○ FEMA Fire Prevention & Safety Grant Resolution 23-25 GRANT AGREEMENT with the Colorado Energy Office for Grid Hardening In-Kind Labor, i.e., wages & benefits approved in the 2025 budget In-Kind Labor, i.e., wages & benefits approved in the 2025 budget COMMUNITY DEVELOPMENT Report To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Date: March 25, 2025 RE: Annexation Referral – Elkhorn Lodge Phase II Objective: Refer the subject annexation petition to Town Board in compliance with Colorado Revised Statutes (C.R.S.) 31-12-107, provide background on annexation process and the subject property, and receive direction from Town Board. Present Situation: The annexation process is governed by the Municipal Annexation Act (“MAA”), which is codified at C.R.S. 31-12-101, et seq. and, to a lesser extent, the Estes Park Development Code. For a property to be annexed, the MAA requires a referral of an annexation petition to Town Board (this agenda item), approval of two resolutions, and ultimately adopting an annexation ordinance that completes the annexation process. The first required resolution is for the purpose of determining whether the content of the annexation petition substantially complies with the MAA (“Substantial Compliance Resolution”). The petition must include signatures and addresses of property owners, identify their property, request annexation, state that it is desirable, etc. It must also include a map of the area to be annexed. If the petition contains all the statutorily required elements, the Town Board will adopt a resolution determining that the petition substantially complies with the statute. The second required resolution will determine whether the subject property is eligible for annexation (“Eligibility Resolution”). The second hearing must be scheduled between thirty (30) and sixty (60) days from the date of the hearing on the Substantial Compliance Resolution. There are a number of notice requirements for the hearing on the Eligibility Resolution: 1) The Town must publish notice of the hearing for four consecutive weeks with the first publication occurring at least thirty (30) days in advance of the hearing. 2) The Town must mail notice of the hearing to the Board of County Commissioners (“BCC”), the County Attorney, and all taxing districts at least twenty-five (25) days in advance of the hearing. 3) The Town must prepare and submit to the BCC an Annexation Impact Report at least twenty-five (25) days in advance of the hearing. Town Board will determine whether the property is eligible for annexation based on the following MAA requirements: 1) Contiguity, which means that one sixth of the perimeter of the area to be annexed must be contiguous to the existing boundary of the Town; 2) A community of interest exists between the Town and the area to be annexed; 3) The area to be annexed is urban or is urbanizing; 4) The area to be annexed is integrated with or is capable of being integrated with the Town. Contiguity, as described above, is in and of itself a sufficient basis to make the other three findings. Once the Eligibility Resolution is approved, the Board may proceed to complete the annexation by adopting an Annexation Ordinance unless an election is required. The MAA does not require any special notice requirements or deadlines for the Annexation Ordinance. The Estes Park Development Code is largely silent on annexation procedures but does require the applicant to host a neighborhood meeting. Proposal: An application requesting the annexation of a 40-acre property has been submitted to the Town. The subject property is a largely undeveloped tract of land southwest of the historic Elkhorn Lodge under the same ownership as the historic Elkhorn Lodge property. The property features considerable topography, areas of dense forests, and open shrubland. Application materials indicate the applicant is seeking to develop two 110-room hotels, 55-65 treehouse cabins, and 8-10 relocated historic cabins. A Development Plan would be required to allow such development but is not under consideration at this time. Town Board discussion of the subject annexation request is appropriate since annexations are a State-established legislative process not subject to the special rules governing the finding of fact and ex-parte communication inherent with quasi-judicial proceedings. Further, Town Board review and evaluation of an annexation is discretionary. This means the Board may approve or deny an annexation request as they see fit, based on the circumstances and conditions presented to them, and they are not acting as ‘judges’ as they would in a quasi-judicial proceeding. The Board also has the authority to approve an annexation with additional conditions and requirements that exceed standard Town-established requirements, typically through approval of an annexation agreement with the property owner. The property included in this petition for annexation may be the subject of future applications for a Planned Unit Development (PUD) zoning overlay and Development Plan. Those applications would be quasi-judicial and are not before the Board at this time. This agenda item relates strictly to the annexation itself. Vicinity Map Topography Most of the property feature slopes in the range of 20 to 30 percent. A ridge runs southeast across the site and is part of an identified ridgeline protection area. Any subsequent Development Plan(s) submitted will be subject to the ridgeline protection standards in the Estes Park Development Code (EPDC). Given the slopes on the site, Development Code limitations on grading and site disturbance will be relevant to future development, including limitations on changes to the natural grade, generally a maximum of 10 feet, and maximum retaining wall heights, generally six feet. Hazards The site is located within two mapped hazard areas: wildfire and geologic (steep slopes). As such, a wildfire hazard mitigation plan and geologic hazard mitigation plan in accordance with EPDC Sec. 7.7 will be required. Pursuant to the Development Code, these mitigation plans are typically reviewed at the subdivision and/or development plan stage of development. However, such hazard plans could be requested now for consideration with the annexation process, should the Town Board direct staff to proceed with the annexation. Wildlife The site is within a mapped important wildlife habitat area as a high use area for deer. EPDC Sec. 7.8 will therefore apply to any development, including limitations on fencing, lighting, and non-native landscaping. EPDC Sec. 7.8 would require a wildlife conservation plan if the site contains endangered or threatened species, big horn sheep W. Wonderview Ave (or habitat), or riparian areas. Pursuant to currently available sources (1996 Comprehensive Plan, 2008 Estes Valley Habitat Assessment, and Colorado Parks and Wildlife maps) none of those items appear to apply to this site so a wildlife conservation plan will not be required. Topographic Map Land Use The surrounding area includes a residential neighborhood to the north with homes on lots ranging from 1/3 of an acre to one acre in size. Large lot (8-10 acre) single family homes are located to the east. These lots are subject to conservation easements held by the Estes Valley Land Trust that limit development. Properties to the south are industrial/commercial in nature, including Polar Gas and RATP DEV bus operations. Properties to the west include single family homes on lots ranging from one to 10 acres in size. The University of Northern Colorado’s Old Man Mountain Retreat Center is located on the 80-acre parcel northwest of the subject property. The UNC property abuts and provides informal trail access to Rocky Mountain National Park. The property’s current zoning within Larimer County is Estes Valley Rural Estate (EV RE). Such zoning permits relatively low-density single-family residential development, with a maximum density of 1 unit per 2.5 acres. The Future Land Use Map in the Estes Forward Comprehensive Plan designates the property as Low-Density Accommodations, which is “intended for uses such as rustic lodges, resorts, and cabins Designated Ridgeline Protection Area Subject Property that are developed in rural areas at a lower density and intensity than urban hotel or motel-style lodging.” As the Comprehensive Plan states “the Future Land Uses provide a guide for land use policies and decisions that direct growth according to character and intensity of use.” Table 2: Zoning and Land Use Summary Future Land Use Designation Zoning Current Use Subject Parcel Low-Density Accommodations Estes Valley Rural Estate (RE) Undeveloped North Suburban Estate/ Low- Density Accommodations Estate (E) Single-Family Residential South Industrial Mix Estes Valley Restricted Industrial Industrial East Mountains & Foothills Estes Valley Rural Estate (RE-1) Single-Family Residential West Mountains & Foothills/ Mixed Use Centers & Corridors Estes Valley Rural Estate/ Estes Valley Commercial Outlying Single-Family Residential/Industrial Future Land Use Map Suburban Estate Public/ Semi Public Subject Property: Low-Density Accommodations Suburban Estate Industrial Mix Downtown Mountains & Foothills W Elkhorn Ave Zoning Map With the annexation application, the applicant has requested The zoning which most closely corresponds with the Low-Density Accommodations Future Land Use category is A-1 Accommodations/Low-Intensity Zoning District. Such zoning allows small hotels (up to 8 guest rooms) and resort lodges/cabins (up to 20 guest rooms). The A-1 district also includes a maximum density of one guest room per 10,890 square feet of land area, with reductions required for sites with slopes in excess of 12%. With the annexation application, the applicant has requested A Accommodations/Highway Corridor Zoning, which allows hotels and resort lodges/cabins. The A zone district does not limit hotels to small hotels (i.e. 8 or fewer rooms) or place a limit of 20 guest rooms for lodges/cabins like the A-1 zone. The A zone does have an overall maximum density of one guest room per 1,800 square feet land area with reductions required for sites with slopes in excess of 12%. Staff has provided a rough estimate on the range of possible development densities under different zoning in the table below. Exact calculations are not possible at this time because a site-specific development plan is needed to calculate the amount of land needed for roadways and the average slope of the site, both of which reduce overall density. Table 1: Possible Range of Development Density E RE CO W Elkhorn Ave I-1 RM E-1 Unincorporated Larimer County Subject Property Current County Zoning A-1 Zoning A Zoning Primary Units 10-16 residential units 75-125 accommodations units 450 - 750 accommodations units Accessory Units Up to one accessory dwelling (ADU) unit per lot 10-20 units employee housing 65-110 units employee housing In addition to the A zoning, the applicant has indicated they will be pursuing a Planned Unit Development (PUD) zoning overlay, as they believe such zoning would best facilitate development of the site. In accordance with the Town’s PUD standards, a demonstration of public benefit would be required. It should also be noted that neither the A zoning or PUD overlay is under formal consideration at this time as the Town cannot begin zoning proceedings until the Substantial Compliance Resolution is approved. Utilities & Services The Town provides domestic water service to the site. A 12-inch water main currently crosses the site. The Water Division has indicated adequate water volume and pressure exist to serve the site, and potential future development, and no line extensions are anticipated. Electric service is provided by the Town and the Power & Communications Department has indicated there are no major concerns with serving the property. Sanitary sewer does not currently extend to the site but eight-inch sewer mains exist to the south in Elm Road and to the north in both Old Ranger Drive and on the historic Elkhorn Lodge property. Estes Park Sanitation District (EPSD) currently serves the historic property, while the subject property falls within the Upper Thompson Sanitation District (UTSD). The applicant has discussed with the sewer districts the possibility of connecting to EPSD rather than UTSD. Regardless, the applicant will be obligated to extend the necessary sewer infrastructure to serve the property. Estes Valley Fire Protection District has indicated they are able to serve the property. A minimum of two points of access will be required to the site, as will fire sprinklers in all buildings. Wildfire mitigation will also be required with development as demonstrated through a wildfire mitigation plan. As with all new development, the Fire District would charge an impact fee with building permits which helps offset the additional burden growth places on the District. The Police Department also indicated they are able to serve the property but cautioned that, in general, more development in Town will eventually create a demand for additional officers. The Police Department is supportive of having a connection between Elkhorn Avenue and Moraine Avenue. Site Access A traffic study has been prepared by the applicant’s traffic engineer to analyze potential impacts of development to the intersections of Elkhorn Avenue/Filbey Court and Moraine Avenue/Elm Road. As of this writing, the study is pending Public Works review. The study contemplates three access points to the site: Elm Road, Elkhorn Avenue via an extension of the private drive through the historic lodge site, and an emergency-only access to Old Man Mountain Lane. Public Works and CDOT will review potential impacts and evaluate if intersection improvements are warranted. The traffic study states the proposed site development would generate, upon completion and full occupancy, 126 new weekday morning, 151 new weekday afternoon, and 204 new Saturday midday peak hour vehicle trips as well as 2,208 new weekday daily trips and 2,258 new Saturday daily trips. It assumes 90% of traffic would utilize access from Elkhorn Avenue and 10% from Moraine Avenue. The study concludes that nearby studied intersections would experience additional minor delays due to the development but would operate in general consistency with the future background condition. A public street connection between Moraine Ave (US 36) and Wonderview Drive (US 34)has long been a concept in the vicinity of the subject parcel. As the 1996 Comprehensive Plan states: “A US 36 to US 34 bypass connection, west of downtown in the vicinity of the former landfill, has been proposed in the past to allow local traffic, as well as traffic entering and exiting RMNP, to bypass the downtown area.” The 2003 Estes Valley Transportation Alternatives Study recommended construction of a western bypass and provided high level analysis of five alternatives for the route. Two of the alternatives traverse the subject property, while a third skirts the eastern boundary. In 2012, a transportation visioning committee of Estes Valley residents produced a report entitled Roadmap to the Future, which concluded the western bypass unfeasible during the next 20 years due to high expense and difficulty of proposed routes to meet design criteria. The draft 2045 Transportation Plan appears to recognize the considerable challenges inevitable in constructing the conceptual bypass and identifies a reduced scope, with a less-intensive connection from Elm Road to Old Ranger Drive shown. This would presumably be a local street connection rather than a larger bypass. Public Works believes a public street connection between West Elkhorn Ave and Moraine Ave is an important element for access during future disaster events, and recommends this street be a required inclusion of this proposed annexation. Regardless of what type of vehicular access is provided through the site, pedestrian amenities and linkage requirements will be required in accordance with EPDC Chapter 4.Numerous informal recreational trails crisscross the property, which previously hosted horseback rides originating from the Elkhorn Lodge. The Estes Valley Master Trails Plan identified that these trails “should be formalized and maintained to further connect the Town and RMNP.” A public access easement could help achieve this connection and could be included in an annexation agreement. Other Considerations Annexation of the property to allow development would likely have a positive economic impact and increase the Town’s tax base. Conversely, additional jobs associated with the development could further stress the local housing market. Neighborhood Meeting The applicant hosted a neighborhood meeting on December 19, 2024. A summary of the meeting is enclosed. Some of the issues discussed included impacts to, or associated with, traffic, wildlife, lighting, grading, and views. Advantages: •Annexation would allow the Town to control the development of this property as it would be subject to Town requirements, such as ridgeline protection, accommodation density, and wildfire mitigation. •In return for annexation, the Town can require property owners to meet higher development standards or provide additional measures to mitigate development impacts. •The Town would receive tax revenue from the operation of the proposed hotels. •Development could help facilitate a roadway connection between Moraine Avenue and Elkhorn Avenue, which could serve as an important route for emergency access and evacuations. Disadvantages: •The Town will be required to provide municipal services to the property. •Potential negative impacts to quality of life of nearby residents. •Potential additional stress on the housing market. •Town staff will spend significant time on the continued review of development applications and permits for the project. Action Recommended: No formal action is required. If desired, Town Board can provide staff and the applicant with direction on the subject request for annexation, including their level of support for the annexation and requested accommodations development and density. It should also be noted that this is the first step in the annexation process, and that there will be additional opportunities for the Town Board to provide more detailed direction. Finance/Resource Impact: All new development has the potential to impact municipal finances and resources. While detailed financial analysis of this or any new development is not typically done, it could be a consideration with an annexation. New development can generate additional sales, lodging, and property tax revenue. Development also has financial costs through the provision of services, capital requirements, and ongoing public works maintenance. It is anticipated with this proposal, as with any new development in Town, that the cost to extend or improve infrastructure (roads, utilities, etc.) would be borne by the developer and not the Town. Ongoing maintenance of public infrastructure would become the responsibility of the Town, as would the provision of other services. Level of Public Interest Public interest in this annexation is anticipated to be high. Attachments: 1.Annexation Petition 2.Statement of Intent 3.Conceptual Site Plan 4.Annexation Map 5.LINK-Traffic Study 6.Neighborhood Meeting Summary 1 Annexation Petition PETITION FOR ANNEXATION TO THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: In accordance with Article 12, Title 31, CRS, 1973, as amended, the undersigned hereby petition the Board of Trustees of the Town of Estes Park, Colorado annexation into the Town of Estes Park, Colorado, the following described unincorporated territory located in the County of Larimer, State of Colorado, to be known as Elkhorn Lodge Phase 2, to wit: LEGAL DESCRIPTION: The Southwest Quarter of the Northeast Quarter of Section 26, Township 5 North, Range 73 West of the Prime Meridian, County of Larimer, State of Colorado AND, in support of said Petition, petitioners state that: 1.It is desirable and necessary that the above-described territory be annexed into the Town of Estes Park, Colorado. 2.Not less than one-sixth (1/6th) of the perimeter of the area proposed to be annexed is contiguous with the Town of Estes Park, Colorado. 3.A community of interest exists between the territory proposed to be annexed and the Town of Estes Park, Colorado. 4.The territory proposed to be annexed is urban or will be urbanized in the near future. 5.The territory proposed to be annexed is integrated with or is capable of being integrated with the Town of Estes Park, Colorado. 6.The signatures of the Petition collectively comprise more than 50% of the landowners of the total territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 7.No land held in identical ownership, whether consisting of one tract or parcels of real estate: a.Is divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way b.Comprising twenty acres or more which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000) for ad valorem tax purposed for 6th year next preceding ATTACHMENT 1 2 Annexation Petition the annexation, is included within the territory proposed to be annexed without consent of the landowners. 8.The signer of the petition is the landowner of all the territory included in the area proposed to be annexed, exclusive of streets and alleys. 9.No part of the area proposed to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established more than one (1) year before this annexation will take place. 10.The area proposed to be annexed comprises (check the appropriate box below): ☐Less than ten (10) acres, thus an annexation impact report as provided for in Section 31-12-108.5 C.R.S. is not required ☒More than ten (10) acres, thus an annexation impact report as provided for in Section 31-12-108.5 C.R.S. is required. 11.The petitioner requests that the Town of Estes Park approve the annexation of said property to the Town of Estes Park, Colorado. 12.The mailing address of the petitioner, the legal description of the land owned by the petitioner, and the date of the signing are all shown on this petition. 13.Accompany this petition are four (4) copies of the annexation map and digital file of the map containing the following information: a.A written legal description of the boundaries of the area proposed to be annexed. b.A map showing the boundary of the area proposed to be annexed, such map prepared and containing the seal of a registered engineer or land surveyor. c.Within the annexation boundary map, there is shown the location of each ownership tract in unplatted land, and if part of all of the area be platted, then the boundaries of the plat numbers of plots or of lots and blocks. d.Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Estes Park, Colorado, and the contiguous boundary of any other municipality abutting the area proposed to be annexed. e.The dimensions of the contiguous boundaries are shown on the map. 14.The undersigned agree to the following conditions, which shall be covenants running with the land, and which shall, at the option of the Town, appear on the annexation map: 5235 Ronald Reagan Blvd., Suite 200 Johnstown, CO 80534 970.800.3300 • GallowayUS.com Paul Hornbeck, AICP Senior Planner Community Development Department Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 970-577-3720 Dear Mr. Hornbeck, We are pleased to submit this Annexation and Establishment of Zone/Rezone Application for the development of a 43-acre parcel of mountainous terrain adjacent to the Historic Elkhorn Lodge in Estes Valley. This secluded, timbered property, accessible via Elm Road to the southwest and Old Ranger Drive to the north, is an ideal setting for a year -round resort campus that embodies the rustic charm and historic appeal of the area. Inspired by the rich heritage of the Historic Elkhorn Lodge, this development is intended as an extension of the character and legacy established through the Historic Elkhorn Lodge, cabins and Hilton Homewood Suites. Our vision includes two 110-room upscale hotels that complement the historical aesthetic, providing luxury accommodations in harmony with the natural environment. The project will feature 55 -65 treehouse units, carefully designed to minimize impact on the existing landscape and allow guests an immersive, elevated experience of the surrounding forest. Additionally, we will relocate and restore 8 - 10 historic cabins from the Elkhorn Lodge property, preserving these structures as unique accommodations within the resort. To support guest needs while preserving the site’s natural feel, the development will include designated parking areas, utility connections based on the existing waterline, and dual sewer access from both Elm Road and the Elkhorn Lodge site. Walking paths will meander through the property, encouraging guests to explore and connect with the Estes Valley’s beautiful and serene natural surroundings. Collaborative Approach to Planning and Development: Our team is committed to working in close partnership with the Town of Estes Park, Larimer County, and local stakeholders throughout the planning and approval process. Key components of this approach include: 1.Annexation and Zoning: o We are seeking to annex the 40-acre property into the Town of Estes Park to ensure streamlined municipal service access and integration with the broader community vision. o The preferred zoning approach is a Planned Unit Development (PUD) to create a cohesive development and unified land use approach, with Zone A or CO as potential options, to accommodate the unique layout and operational needs of this site. 2.Utility Coordination and Infrastructure: o To support development, we are coordinating with local agencies to finalize utility access. Sewer service will be accessible from both Upper Thompson and Estes Park Sanitation Districts, with an 8-inch sewer line already stubbed into the Elkhorn Lodge property. This line has adequate capacity to support the additional units planned for this site. The resort’s design and character will reflect the historic charm of the Elkhorn Lodge and the new Hilton Homewood Suites, establishing a cohesive, extended campus that honors the Estes Valley’s unique heritage. We look forward to moving forward in partnership with the Town, County, and local stakeholders to realize this vision. ATTACHMENT 2 Annexation & Establishment of Zone/Rezone Statement of Intent Elkhorn Lodge Phase 2 | Estes Park, CO January 30, 2025 Galloway & Company, Inc. Page 2 of 2 Sincerely, Matt Lowder 801-602-0417 East Avenue Development Kyle Pollock PE CIVIL ENGINEERING PROJECT MANAGER SR. ASSOCIATE 5235 Ronald Reagan Blvd., Suite 200, Johnstown, CO 80534 O 970.800.3300 C 970.800.3315 kylepollock@gallowayus.com GallowayUS.com FIGURE 1-2 CONCEPTUAL SITE PLAN ELKHORN LODGE PHASE 2 ESTES PARK, CO 10 ATTACHMENT 3 - - - - - - - - - - - - - - STAMP H: \ E \ E a s t A v e n u e D e v e l o p m e n t , L L C \ C O , E s t e s P a r k - E A D 0 0 0 0 0 1 - E l k h o r n L o d g e P h a s e 2 \ 0 S V Y \ 1 - C A D \ A n n e x a t i o n \ E A D 0 1 - A n n e x a t i o n . d w g - Re a d e R o s e l l e s - 11 / 2 6 / 2 0 2 4 Init.#Issue / DescriptionDate ------ THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF GALLOWAY, AND MAY NOT BE DUPLICATED, DISCLOSED, OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF GALLOWAY. COPYRIGHTS AND INFRINGEMENTS WILL BE ENFORCED AND PROSECUTED. COPYRIGHT 5235 Ronald Reagan Blvd., Suite 200 Johnstown, CO 80534 970.800.3300 GallowayUS.com Date: Drawn By: Project No: Checked By: ELKHORN LODGE PHASE 2 ANNEXATION BEING THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO EL K H O R N L O D G E P H A S E 2 AN N E X A T I O N BE I N G T H E S O U T H W E S T Q U A R T E R O F T H E N O R T H E A S T QU A R T E R O F S E C T I O N 2 6 , T O W N S H I P 5 N O R T H , R A N G E 7 3 WE S T O F T H E 6 T H P . M . , C O U N T Y O F L A R I M E R , S T A T E O F C O L O R A D O ” SHEET 1 OF 1 1 11/20/2024 RCR JSP EAD000001.10 SCALE: 1"=100' 0 50 10020 ATTACHMENT 4 PREPARED FOR: East Avenue Development, LLC. PREPARED BY: Brian Horan, PE, PTOE Daniela Gonzalez Cooper Riddell-Brosig Galloway & Company, Inc. 5500 Greenwood Plaza Blvd, Suite 200 Greenwood Village, CO 80111 DATE: January 10, 2025 ELKHORN LODGE PHASE 2 Estes Park, CO TRAFFIC IMPACT STUDY ATTACHMENT 5 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. Executive Summary ...................................................................................................................................... 5 Site Location and Study Area .......................................................................................................... 5 Description of Proposed Development ............................................................................................ 5 Conclusions and Recommendations ............................................................................................................ 5 Conclusions ...................................................................................................................................... 5 Recommendations ........................................................................................................................... 6 I. Introduction ................................................................................................................................................ 7 Overview .......................................................................................................................................... 7 Site Location and Study Area .......................................................................................................... 7 Site Description and Access ............................................................................................................ 8 Figure 1-1 Site Location ...................................................................................................... 9 Figure 1-2 Conceptual Site Plan ....................................................................................... 10 Figure 1-3 Existing Zoning ................................................................................................ 11 II. Background Information .......................................................................................................................... 12 Study Area ..................................................................................................................................... 12 Study Assumptions ........................................................................................................................ 12 Study Methodology ........................................................................................................................ 12 Existing Roadway Network ............................................................................................................ 12 Figure 2-1 Existing Lane Use and Traffic Control ............................................................. 14 III. Analysis of Existing Conditions .............................................................................................................. 15 Traffic Volumes .............................................................................................................................. 15 Existing Levels of Service .............................................................................................................. 15 Existing Intersection Queues ......................................................................................................... 15 Figure 3-1 Existing Volumes ............................................................................................. 16 Figure 3-2 Existing Levels of Service................................................................................ 17 Table 3-1 Existing Levels of Service ................................................................................. 18 Table 3-2 Existing Queues ................................................................................................ 19 IV. Analysis of Future Conditions without Site Development ...................................................................... 20 Methodology ................................................................................................................................... 20 Regional Growth ............................................................................................................................ 20 Elkhorn Lodge Expansion Phase 1 ................................................................................................ 20 Background Traffic Forecasts ........................................................................................................ 20 Background Future Levels of Service ............................................................................................ 21 Background Future Queueing ........................................................................................................ 21 TABLE OF CONTENTS Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. Figure 4-1 Background Growth 2030 ................................................................................ 22 Figure 4-2 Background Growth 2046 ................................................................................ 23 Figure 4-3 Elkhorn Lodge Phase 1 Location .................................................................... 24 Figure 4-4 Elkhorn Lodge Phase 1 Site Trips ................................................................... 25 Figure 4-5 Background Future Forecasts 2030 ................................................................ 26 Figure 4-6 Background Future Forecasts 2046 ................................................................ 27 Figure 4-7 Background Future Levels of Service 2030 .................................................... 28 Figure 4-8 Background Future Levels of Service 2046 .................................................... 29 Table 4-1 Background Levels of Service .......................................................................... 30 Table 4-2 Background Queues ......................................................................................... 31 V. Site Analysis ........................................................................................................................................... 32 Overview ........................................................................................................................................ 32 Proposed Site Access .................................................................................................................... 32 Trip Generation .............................................................................................................................. 32 Figure 5-1 Site Trips.......................................................................................................... 33 Table 5-1 Site Trip Generation .......................................................................................... 34 VI. Analysis of Future Conditions with Site Development ........................................................................... 35 Total Future Traffic Forecasts ........................................................................................................ 35 Total Future Levels of Service ....................................................................................................... 35 Total Future Queuing ..................................................................................................................... 35 Figure 6-1 Total Future Forecasts 2030 ........................................................................... 36 Figure 6-2 Total Future Forecasts 2046 ........................................................................... 37 Figure 6-3 Total Future Levels of Service 2030 ................................................................ 38 Figure 6-4 Total Future Levels of Service 2046 ................................................................ 39 Table 6-1 Future Levels of Service ................................................................................... 40 Table 6-2 Future Queues .................................................................................................. 41 VII. Conclusions and Recommendations .................................................................................................... 42 Conclusions .................................................................................................................................... 42 Recommendations ......................................................................................................................... 42 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. Appendices: A. Full Sized Conceptual Site Plan B. Base Assumptions Form C. LOS Descriptions D. Elkhorn Lodge Phase 1 Development Excerpts E. Traffic Counts F. Existing Synchro Outputs G. Background (without site development) Synchro Outputs H. Future (with site development) Synchro Outputs Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. Executive Summary Site Location and Study Area The property that comprises the application area for the proposed development is approximately 40.8 acres in size and is identified as Larimer County Parcel Number 3526100001. It is located north of Moraine Ave, west of Elkhorn Ave, south of Old Ranger Dr, and east of Elm Rd, in Estes Park, CO. It is zoned Rural Estate (EV RE) and is currently vacant. The study area for the project includes intersections that could be affected by the proposed development: · Elkhorn Ave & Filbey Ct · Moraine Ave & Elm Rd Description of Proposed Development The Applicant, East Avenue Development, seeks to develop the property with lodging/recreational uses. The preliminary concept plans specifically contemplate two hotel uses, restored historic cabins, and guest tree houses. The intent of this development is to occur as Phase 2 of the Elkhorn Lodge expansion project. Phase 1 of the Elkhorn Lodge expansion project is supported by a Traffic Impact Study (TIS) prepared by Delich Associates dated December 2019. It is the intent that the development of Phase 2 would follow the completion of Phase 1. Site access for the Elkhorn Lodge Phase 2 development is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Conclusions and Recommendations Conclusions Based on the results of this traffic impact study, the following may be concluded: · Under existing traffic conditions, the intersection movements within the study area currently operate at acceptable levels of service (LOS) “D” or better during the weekday AM/PM, and Saturday midday peak hours with the exception of the northbound approach at the Moraine Ave & Elm Rd intersection which operates at LOS “F” (v/c 0.625) during the Saturday midday peak hour. All queues remain within their respective storage lengths. · Under background future 2030 conditions, without development of the subject site, the movements for the unsignalized intersections in the study area are forecasted to operate generally consistent with existing conditions. All queues would remain within their respective storage lengths. · Under background future 2046 traffic conditions, without the development of the subject site, delays would increase slightly at study intersections due to regional traffic growth. The intersection movements are forecasted to operate at acceptable LOS “D” or better during the weekday AM/PM and Saturday midday peak hours with the following exceptions at the Moraine Ave & Elm Rd intersection: o LOS “E” (v/c 0.324) for the southbound approach in the weekday PM peak hour 5 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. o LOS “F” (v/c 0.927) for the southbound approach in the Saturday midday peak hour (consistent with existing conditions) o LOS “E” (v/c .075) for the northbound approach in the Saturday midday peak hour All queues would remain within their respective storage lengths. · The proposed site development would generate, upon completion and full occupancy, 126 new weekday AM, 151 new weekday PM, and 204 new Saturday midday peak hour vehicle trips as well as 2,208 new weekday daily trips and 2,258 new Saturday daily trips. · Under total future 2030 and 2046 traffic conditions with development of the site, the intersections within the study area would operate generally consistent with background conditions. Overall delays would experience a minor increase due to site trips. All queues would remain within their respective storage lengths. Recommendations · It is recommended that the Applicant provide access consistent with the site plan contained herein. · Due to the unique nature of the Elkhorn Lodge Phase 1 and Phase 2 location and proposed uses, ITE likely overestimates the forecasts of trip generation for these uses. Therefore, it is recommended that traffic counts be collected upon build out and occupancy of Elkhorn Lodge Phase 1 at the Elkhorn Ave access and an updated analysis provided to identify any necessary improvements. 6 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. I. Introduction Overview This report presents the results of a Traffic Impact Study (TIS) conducted in support of a proposed annexation application and subsequent development of lodging/recreational uses in Estes Park, CO. Currently the site is vacant. Per the requirements of the Town of Estes Park and Larimer County, a Transportation Impact Study is required to support the proposed annexation and development. Site Location and Study Area The property that comprises the application area for the proposed development is approximately 40.8 acres in size and is identified as Larimer County Parcel Number 3526100001. It is located north of Moraine Ave, west of Elkhorn Ave, south of Old Ranger Dr, and east of Elm Rd in Estes Park, CO. It is zoned Rural Estate (EV RE) and is currently vacant. Site access is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. The Applicant, East Avenue Development, seeks to develop the property with lodging/recreational uses. Preliminary concept plans specifically contemplate two hotel uses, historic cabins, and guest tree houses. The intent of this development is to occur as Phase 2 of the Elkhorn Lodge expansion project. Phase 1 of the Elkhorn Lodge expansion project is supported by a Traffic Impact Study (TIS) prepared by Delich Associates dated December 2019. It is the intent that the development of Phase 2 would follow the completion of Phase 1. A reduction of the Applicant’s proposed conceptual site plan is provided in Figure 1-2. A full-size copy of the plan is provided in Appendix A. Tasks undertaken during this study included the following: 1. Reviewed the Applicant’s proposed development plans and other background data. 2. Conducted a field reconnaissance of existing roadway and intersection geometries, traffic controls, and speed limits. 3. Collected weekday AM/PM and Saturday midday (SAT) peak hour turning movement counts at the key intersections. 4. Analyzed existing levels of service at each of the key study intersections based on the methodologies set forth in the Highway Capacity Guidelines (HCM) 7th Edition and reports generated by Synchro as reported by Synchro version 12. 5. Forecasted background future traffic volumes based on baseline traffic counts, Elkhorn Lodge Phase 1 site trips, and regional traffic growth for 2030 (build-out) and 2046 (long-range) conditions. 6. Calculated background levels of service at each of the key study intersections for the projected build- out years based on background future traffic forecasts, and the existing lane use and traffic controls. 7 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. 7. Estimated the number of weekday AM/ PM, and SAT peak hour trips that would be generated by the proposed use based on the Institute of Transportation Engineers (ITE) Trip Generation 11th Edition rates/equations and methodologies. 8. Prepared weekday AM/PM, and SAT peak hour total future traffic forecasts based on background traffic forecasts plus site traffic assignments for the 2030 (build-out), as well as 2046 (long-range) conditions. 9. Calculated total future levels of service for each of the key study intersections based on projected total future traffic forecasts and existing traffic controls and intersection geometries. 10. Identified roadway improvements required to accommodate future traffic volumes, as necessary. Sources of data for this analysis included the Institute of Transportation Engineers (ITE) Trip Generation, 11th edition, the Highway Capacity Guidelines HCM 7th, Synchro 12, East Avenue Development, Town of Estes Park, Colorado, Larimer County, CDOT, and the files/library of Galloway. Site Description and Access Proposed Site Access Access to the site is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Existing Zoning The subject site is currently zoned Rural Estate (EV RE) and is currently vacant. Figure 1-3 depicts the existing zoning associated with the subject property, as well as neighboring properties as shown on the Larimer County zoning map. Nearby Uses The properties surrounding the subject site are generally developed with residential uses to the north, and residential/industrial uses to the west and south. Conformance with Comprehensive Plan In accordance with the Future Land Use Map in the Town of Estes Park Comprehensive Plan, Estes Forward (the Plan), completed 2022, the subject site is planned for Accommodations. Per the Plan, “The Low-Density Accommodations category is intended for uses such as rustic lodges, resorts, and cabins that are developed in rural areas at a lower density and intensity than urban hotel or motel-style lodging. The proposed uses are in conformance with the Plan. 8 FIGURE 1-1 SITE LOCATION ELKHORN LODGE PHASE 2 ESTES PARK, CO 9 FIGURE 1-2 CONCEPTUAL SITE PLAN ELKHORN LODGE PHASE 2 ESTES PARK, CO 10 FIGURE 1-3 EXISTING ZONING ELKHORN LODGE PHASE 2 ESTES PARK, CO SITE 11 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. II. Background Information Study Area The study area was determined by a review of intersections that would experience a significant portion of turning movement volumes generated by the site. As such, the traffic study focuses primarily on the following intersections: Study Intersections · Elkhorn Ave & Filbey Ct · Moraine Ave & Elm Rd The study intersections, as well as additional study assumptions were confirmed via a base assumptions form and subsequent meetings with Staff. The approved base assumptions form is provided as Appendix B. Study Assumptions For purposes of this analysis only, the proposed use was assumed to be built and occupied in one distinct phase. It was assumed that the use would be built and operational in study year 2030. A long-term analysis of 2046 is also provided. Study Methodology Synchro software version 12 was used to evaluate levels of service at each of the study intersections during the weekday AM, weekday PM, and Saturday midday peak hours. Synchro is a macroscopic model used for optimizing traffic signal timing and performing capacity analyses. The software can model existing traffic signal timings or optimize splits, offsets, and cycle lengths for individual intersections, an arterial, or a complete network. Synchro allows the user to evaluate the effects of changing intersection geometrics, traffic demands, traffic control, and/or traffic signal settings as well as optimize traffic signal timings. The levels of service reported for the signalized and unsignalized intersections analyzed herein were taken from the Highway Capacity Manual (HCM) 7th and reports generated by Synchro. Level of service descriptions are included in Appendix C. A default percent heavy vehicle (%HV) factor of 2% was used for all movements in the study area consistent with CDOT’s OTIS data for US-36. Existing Roadway Network Access to the subject site is provided via Elkhorn Ave and Moraine Ave. Figure 2-1 depicts existing lane use and traffic controls in the vicinity of the subject site. The following provides a description of each of the roadways within the study network. Elkhorn Ave Elkhorn Ave is constructed as an east/west two-lane section with a posted speed limit of 35 mph in the vicinity of the subject site. Larimer County classifies the roadway functionally as a State Highway/Interstate. The intersection with Filbey Ct/Elkhorn Lodge Site Access operates under stop control. 12 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. Moraine Ave (US-36) Moraine Ave (US-36) is constructed as an east/west two-lane roadway with a posted speed limit of 35 mph in the vicinity of the subject site. CDOT classifies the roadway functionally as Principal Arterial – Other and classifies the roadway access as a Non-Rural Arterial (NR-B). Larimer County classifies the roadway functionally as a State Highway/Interstate. The intersection with Elm Rd operates under stop control. Filbey Ct Filbey Ct is constructed as a two-lane roadway in the vicinity of the subject site with no posted speed limit. A speed limit of 25 mph was assumed for analysis purposes. The roadway provides connections for residential and lodging uses. Elm Rd Elm Rd is constructed as a two-lane roadway in the vicinity of the subject site with no posted speed limit. A speed limit of 25 mph was assumed for analysis purposes. The roadway provides connections for residential and industrial uses in the vicinity of the subject site. 13 STOP YIELD FIGURE 2-1 EXISTING LANE USE AND TRAFFIC CONTROL ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP STOP STOP STOP 14 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. III. Analysis of Existing Conditions Traffic Volumes Weekday AM and PM peak hour traffic volumes counts were conducted on Thursday December 5, 2024, from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM and Saturday midday peak hour traffic volume counts were conducted on Saturday December 7, 2024, from 11:00 AM to 1:00 PM at the study intersections by IDAX Data solutions. Seasonal Factor Adjustment: A review of continuous count data provided by CDOT’s OTIS, specifically station 000205 on US-34 and station 000244 on US-36, suggests that the peak seasons for traffic in the vicinity of the subject site occur June, July, and August with the peak month for traffic occurring in July. In comparing the July AADT’s to the December AADT’s for these two count locations using the most recent 10 years of data, a seasonal factor of 2.5 was found. This factor was applied to through movements along Elkhorn Ave and Moraine Ave of study intersections to account for the peak season. As Filbey Ct serves as access to adjacent lodging properties, it was determined that a seasonal factor would be appropriate for the turning movements at the Elkhorn Ave & Filbey Ct intersection. As the Elkhorn Lodge Phase 1 TIS had traffic volume counts conducted during peak season, the turning movements for this intersection were grown to match the Elkhorn Lodge Phase 1 TIS. Excerpts from this TIS can be found in Appendix D. As Elm Rd serves residential and industrial uses it was determined that a seasonal factor would not be applicable for the turning movements at the Moraine Ave & Elm Rd intersection. The existing volumes are summarized in Figure 3-1. Copies of traffic counts are included in Appendix E. Existing peak hour factors (PHF) were also computed by approach from the traffic counts and applied to the analysis with a minimum of 0.85 and a maximum of 0.92. Existing Levels of Service Capacity/level of service (LOS) analyses were conducted at the study intersections based on the existing lane use and traffic controls shown in Figure 2-1 and existing baseline vehicular traffic volumes shown in Figure 3-1. The capacity analysis results are presented in Appendix F and summarized in Table 3-1 and in Figure 3-2. As shown in Table 3-1, the movements for the unsignalized intersections in the study area currently operate at acceptable LOS “D” or better during the weekday AM/PM and Saturday midday peak hours with the exception of the southbound approach at the Moraine Ave & Elm Rd intersection which operates at LOS “F” during the Saturday peak hour. LOS “F” is typical for unsignalized side street delays. In these cases, it is appropriate to further investigate operations and review the volume/capacity (v/c) ratio. The v/c ratio is less than 1.0 which suggests additional capacity is available. Existing Intersection Queues An analysis of intersection 95th-percentile queues was performed at key locations. The results of the queuing analysis, as reported by Synchro, are summarized in Table 3-2. As shown in the table, all queues are contained within their effective storage. 15 FIGURE 3-1 EXISTING VOLUMES ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP STOP STOP STOP STOP YIELD 16 FIGURE 3-2 EXISTING LEVELS OF SERVICE ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 17 Table 3-1 Elkhorn Lodge Phase 2 - Estes Park, CO Existing Intersection Level of Service Summary (1) Intersection Operating Street Approach/AM PM SAT Condition Name Movement Peak Hour Peak Hour Peak Hour 1 Elkhorn Ave & Filbey Ct STOP Elkhorn Ave EBLTR A [0.0] A [7.5] A [7.6] WBL A [7.3] A [7.5] A [7.5] WBTR A [0.0] A [0.0] A [0.0] Elkhorn Lodge Site Access NBLTR A [8.6] B [10.2] A [8.9] Filbey Ct SBLTR A [9.4] A [9.8] B [10.9] 2 Moraine Ave & Elm Rd STOP Moraine Ave EBLTR A [8.4] A [8.3] A [9.4] Moraine Ave WBLTR A [8.1] A [8.9] A [8.8] Driveway NBLTR B [10.5] C [21.8] D [32.2] Elm Rd SBLTR C [19.2] D [27.8] F [69.6] Notes : (1) Numbers in brackets [] represent delay at unsignalized intersections in seconds per vehicle. Elkhorn Ave Existing 2024 18 Table 3-2 Elkhorn Lodge Phase 2 - Estes Park, CO Existing Intersection Queueing Summary (1) Intersection Operating Street Approach/Available AM PM SAT Condition Name Movement Storage Peak Hour Peak Hour Peak Hour 1 Elkhorn Ave & Filbey Ct STOP Elkhorn Ave EBLTR - 0 0 0 WBL 250 0 0 0 WBTR - 0 0 0 Elkhorn Lodge Site Access NBLTR - 0 3 0 Filbey Ct SBLTR - 0 0 0 2 Moraine Ave & Elm Rd STOP Moraine Ave EBLTR - 3 3 3 Moraine Ave WBLTR - 0 0 0 Driveway NBLTR - 0 0 5 Elm Rd SBLTR - 23 25 83 Notes : (1) Queue length, in feet, is based on the 95th percentile queue as reported by Synchro, Version 12. Existing 2024 Elkhorn Ave 19 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. IV. Analysis of Future Conditions without Site Development Methodology The future traffic forecasts, without the proposed new use, were developed for 2030 and 2046 conditions based on a composite of existing baseline traffic volumes and regional traffic growth. A 1.0% growth factor per year was applied to the through movements of existing traffic on Moraine Ave and Elkhorn Ave, consistent with CDOT’s OTIS traffic projections. Regional Growth Increases in traffic associated with regional growth were estimated at 1.0 percent per year compounded for the through movements on Moraine Ave and Elkhorn Ave up to 2030 as well as to 2046. This growth accounts for increases in traffic resulting from influences outside of the immediate study area. The resulting increases in volumes within the study area are reflected in Figure 4-1 for 2030 conditions and Figure 4-2 for 2046 conditions. Elkhorn Lodge Expansion Phase 1 Elkhorn Phase 1 is an approved but unbuilt/unoccupied development was identified for consideration within the study. The following development and development program was included in the background and total future analysis for 2030 and 2046 conditions: Elkhorn Lodge Expansion Phase 1 36 Room Hotel 132 Room Hotel 6,004 SF Sit-Down Restaurant 2,880 SF Sit-Down Restaurant 2,880 SF Retail 3,550 SF Sit-Down Restaurant 2,200 SF Light Industrial (Distillery) The location of the Elkhorn Lodge Phase 1 developments in relation to the Applicant’s property is shown in Figure 4-3. Background future lane use and traffic control is consistent with existing conditions shown in Figure 2-1. The development site trips were obtained from the Elkhorn Lodge Expansion TIS for weekday AM and PM peak hours and were derived for Saturday midday peak hour per the standard Institute of Transportation Engineers (ITE) Trip Generation Manual rates/equations, as published in the 11th edition. These volumes are shown in Figure 4-4. Relevant excerpts from the Elkhorn Phase 1 development TIS is included in Appendix D. It should be noted that the analysis contained herein is likely highly conservative. ITE provides a national database of forecasted trip generation for typical uses. The analysis utilized herein does not consider the synergies that would be achieved on a resort type site such as this. Future data collection should be performed and this analysis should be updated after the build out and occupancy of Elkhorn Phase 1 to analyze the specific traffic impact. Background Traffic Forecasts The existing traffic forecasts depicted in Figure 3-1, the regional growth shown in Figure 4-1 (2030) and Figure 4-2 (2046), and the Elkhorn Lodge Phase 1 development site trips shown in Figure 4-4 were added 20 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. together to yield the background future traffic forecasts shown in Figure 4-5 for 2030 conditions and Figure 4-6 for 2046 conditions. Background Future Levels of Service Capacity analyses of 2030 and 2046 future traffic conditions without the proposed development are provided in Appendix G and summarized in Table 4-1. The forecasted levels of service are also depicted graphically in Figure 4-7 for 2030 conditions and Figure 4-8 for 2046 conditions. As shown on Table 4-1, under background future 2030 conditions, the movements for the unsignalized intersections in the study area are forecasted to operate generally consistent with existing conditions. Under background future 2046 conditions, movements for the unsignalized intersections in the study area are forecasted to operate at acceptable levels of service (LOS) “D” or better during the weekday AM/PM and Saturday midday peak hours with the following exceptions at the Moraine Ave & Elm Rd intersection: · LOS “E” (v/c 0.324) for the southbound approach in the weekday PM peak hour · LOS “F” (v/c 0.927) for the southbound approach in the Saturday midday peak hour (consistent with existing conditions) · LOS “E” (v/c 0.075) for the northbound approach in the Saturday midday peak hour Background Future Queueing An analysis of intersection queues was performed at key locations under background future traffic conditions. The results of the queuing analysis are summarized in Table 4-2. As shown in the table, queues within the study network would increase due to regional traffic growth. All queues are expected to be contained in their effective storage. 21 FIGURE 4-1 BACKGROUND GROWTH 2030 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 22 FIGURE 4-2 BACKGROUND GROWTH 2046 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 23 FIGURE 4-3 ELKHORN LODGE PHASE 1 LOCATION ELKHORN LODGE PHASE 2 ESTES PARK, CO 24 FIGURE 4-4 ELKHORN LODGE PHASE 1 SITE TRIPS ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 25 FIGURE 4-5 BACKGROUND FUTURE FORECASTS 2030 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 26 FIGURE 4-6 BACKGROUND FUTURE FORECASTS 2046 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 27 FIGURE 4-7 BACKGROUND FUTURE LEVELS OF SERVICE 2030 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 28 FIGURE 4-8 BACKGROUND FUTURE LEVELS OF SERVICE 2046 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 29 Table 4-1 Elkhorn Lodge Phase 2 - Estes Park, CO Background Future Intersection Level of Service Summary (1) Intersection Operating Street Approach/AM PM SAT AM PM SAT AM PM SAT Condition Name Movement Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour 1 Elkhorn Ave & Filbey Ct STOP Elkhorn Ave EBLTR A [0.0] A [7.5] A [7.6] A [0.0] A [7.5] A [7.6] A [0.0] A [7.6] A [7.7] WBL A [7.3] A [7.5] A [7.5] A [7.4] A [7.7] A [7.8] A [7.5] A [7.8] A [7.8] WBTR A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] Elkhorn Lodge Site Access NBLTR A [8.6] B [10.2] A [8.9] A [9.2] B [11.4] B [12.1] A [9.3] B [11.8] B [12.7] Filbey Ct SBLTR A [9.4] A [9.8] B [10.9] A [10.0] B [11.1] B [14.4] B [10.2] B [11.5] C [15.4] 2 Moraine Ave & Elm Rd STOP Moraine Ave EBLTR A [8.4] A [8.3] A [9.4] A [8.4] A [8.2] A [9.6] A [8.7] A [8.4] B [10.2] Moraine Ave WBLTR A [8.1] A [8.9] A [8.8] A [8.1] A [8.9] A [8.8] A [8.3] A [9.3] A [9.2] Driveway NBLTR B [10.5] C [21.8] D [32.2] B [10.5] C [21.9] D [34.4] B [11.0] D [27.7] E [49.8] Elm Rd SBLTR C [19.2] D [27.8] F [69.6] C [19.6] D [27.6] F [75.1] C [24.1] E [38.4] F [168.7] Notes : (1) Numbers in brackets [] represent delay at unsignalized intersections in seconds per vehicle. Elkhorn Ave Existing 2024 Background 2030 Background 2046 30 Table 4-2 Elkhorn Lodge Phase 2 - Estes Park, CO Background Future Intersection Queueing Summary (1) Intersection Operating Street Approach/Available AM PM SAT AM PM SAT AM PM SAT Condition Name Movement Storage Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour 1 Elkhorn Ave & Filbey Ct STOP Elkhorn Ave EBLTR -0 0 0 0 0 0 0 0 0 WBL 250 0 0 0 3 5 5 3 5 5 WBTR -0 0 0 0 0 0 0 0 0 Elkhorn Lodge Site Access NBLTR -0 3 0 3 15 20 3 15 20 Filbey Ct SBLTR -0 0 0 0 0 0 0 0 0 2 Moraine Ave & Elm Rd STOP Moraine Ave EBLTR -3 3 3 3 0 3 3 0 3 Moraine Ave WBLTR -0 0 0 0 0 0 0 0 0 Driveway NBLTR -0 0 5 0 3 5 0 3 5 Elm Rd SBLTR -23 25 83 23 23 80 28 33 125 Notes : (1) Queue length, in feet, is based on the 95th percentile queue as reported by Synchro, Version 12. Background 2046Existing 2024 Background 2030 Elkhorn Ave 31 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. V. Site Analysis Overview The Applicant is proposing to develop the approximately 40.8-acre site with lodging/recreational uses. Preliminary concept plants specifically contemplate two hotel uses, historic cabins, and guest tree houses. For purposes of this study, the site is assumed complete and occupied in 2030. The following use and development programs were analyzed: Build-Out 2030: 125 Rooms Hotel 125 Rooms Hotel 10 Sites Historic Cabins “Campground/Recreational Vehicle Park” 65 Sites Tree Houses “Campground/Recreational Vehicle Park” Proposed Site Access As shown on the Applicant’s conceptual plan (Figure 1-2), access to the development is being proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Proposed lane use and traffic control is consistent with the existing lane use and traffic control shown in Figure 2-1. Trip Generation Overview Trip generation estimates for the weekday AM, weekday PM, and Saturday midday peak hours, as well as the weekday average daily traffic (ADT) and Saturday ADT, were derived from the standard Institute of Transportation Engineers (ITE) Trip Generation Manual rates/equations, as published in the 11th edition. The trip generation analysis is presented in Table 5-1. Site Trips The vehicle trips that would be generated by the proposed development plan are summarized in Table 5- 1. As shown in Table 5-1, the site would generate upon completion and full occupancy 126 new weekday AM, 151 new weekday PM, and 204 new Saturday midday peak hour vehicle trips. The site would generate 2,208 new weekday daily trips and 2,258 new Saturday midday daily trips. Site Trip Distributions The distribution of the anticipated trips generated by the completion of the proposed development was based on an examination of existing traffic counts and local knowledge. It is the intent for the access along Elkhorn Ave to serve as the main access for the site. The following distributions were applied consistent with previous traffic studies: · To/from the west on Elkhorn Ave: 35% · To/from the east on Elkhorn Ave: 55% · To/from the west on Moraine Ave: 5% · To/from the east on Moraine Ave: 5% Site Trip Assignments The assignment of the new vehicle trips generated upon the future build-out of the development project was based on the above distribution. The trips assignments are depicted in Figure 5-1. 32 FIGURE 5-1 SITE TRIPS ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 33 Table 5-1 Elkhorn Lodge Phase 2 - Estes Park, CO Site Trip Generation Land Average SAT Land Use Use Daily Average Code Amount Units In Out Total In Out Total Trips In Out Total Daily Trips Proposed (1) Hotel 310 125 ROOMS 31 24 55 33 32 65 999 50 40 90 1,009 Hotel 310 125 ROOMS 31 24 55 33 32 65 999 50 40 90 1,009 Historic Cabins "Campground/Recreational Vehicle Park"416 10 SITES 1 1 2 2 1 3 30 2 1 3 30 Tree Houses "Campground/Recreational Vehicle Park"416 65 SITES 5 9 14 12 6 18 180 14 7 21 210 68 58 126 80 71 151 2,208 116 88 204 2,258 Note(s): * Saturday trip generation data unavailable for LUC 416. Saturday trip generation for LUC 416 estimated by applying PM/SAT peak hour trips ratio from LUC 310 SAT Peak HourAM Peak Hour PM Peak Hour Total Trips (1) Trip generation based on the Institute of Transportation Engineers' Trip Generation Manual, 11th Edition 34 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. VI. Analysis of Future Conditions with Site Development Total Future Traffic Forecasts The 2030 and 2046 total future traffic forecasts associated with the proposed development were developed by combining the background future forecasts shown in Figure 4-5 (2030) and Figure 4-6 (2046) and the site trip assignments shown in Figure 5-1. The resulting total future traffic forecasts are provided in Figure 6-1 for 2030 conditions and Figure 6-2 for 2046 conditions. Total Future Levels of Service Future levels of service with the proposed development plan were estimated at key study intersections based on the future traffic volumes shown in Figures 6-1 and Figure 6-2, the existing future lane use in Figure 2-1, and the HCM 7th methodologies for unsignalized intersections. The results of these analyses are provided in Appendix H and presented in Table 6-1. Total future levels of service are also presented graphically in Figure 6-3 (2030) and Figure 6-4 (2046). As shown in Table 6-1, levels of service under future site development conditions would remain generally consistent with future background conditions (i.e., without site development). Overall delays would experience a minor increase due to site trips. Total Future Queuing Total future queues were forecasted using Synchro software. The results of the queuing analysis are summarized in Table 6-2. All queues are expected to be contained in their effective storage. 35 FIGURE 6-1 TOTAL FUTURE FORECASTS 2030 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 36 FIGURE 6-2 TOTAL FUTURE FORECASTS 2046 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 37 FIGURE 6-3 TOTAL FUTURE LEVELS OF SERVICE 2030 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 38 FIGURE 6-4 TOTAL FUTURE LEVELS OF SERVICE 2046 ELKHORN LODGE PHASE 2 ESTES PARK, CO STOP YIELD STOP STOP STOP STOP 39 Table 6-1 Elkhorn Lodge Phase 2 - Estes Park, CO Total Future Intersection Level of Service Summary (1) Intersection Operating Street Approach/AM PM SAT AM PM SAT AM PM SAT AM PM SAT Condition Name Movement Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour 1 Elkhorn Ave & Filbey Ct STOP Elkhorn Ave EBLTR A [0.0] A [7.5] A [7.6] A [0.0] A [7.6] A [7.7] A [0.0] A [7.5] A [7.6] A [0.0] A [7.6] A [7.7] WBL A [7.4] A [7.7] A [7.8] A [7.5] A [7.8] A [7.8] A [7.6] A [7.9] A [8.0] A [7.6] A [7.9] A [8.1] WBTR A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] A [0.0] Elkhorn Lodge Site Access NBLTR A [9.2] B [11.4] B [12.1] A [9.3] B [11.8] B [12.7] A [10.0] B [13.7] C [16.9] B [10.2] B [14.4] C [18.5] Filbey Ct SBLTR A [10.0] B [11.1] B [14.4] B [10.2] B [11.5] C [15.4] B [11.0] B [12.2] C [18.4] B [11.3] B [12.7] C [19.8] 2 Moraine Ave & Elm Rd STOP Moraine Ave EBLTR A [8.4] A [8.2] A [9.6] A [8.7] A [8.4] B [10.2] A [8.5] A [8.3] A [9.7] A [8.7] A [8.5] B [10.3] Moraine Ave WBLTR A [8.1] A [8.9] A [8.8] A [8.3] A [9.3] A [9.2] A [8.1] A [8.9] A [8.8] A [8.3] A [9.3] A [9.2] Driveway NBLTR B [10.5] C [21.9] D [34.4] B [11.0] D [27.7] E [49.8] B [10.5] C [22.4] E [35.7] B [11.0] D [28.3] F [52.2] Elm Rd SBLTR C [19.6] D [27.6] F [75.1] C [24.1] E [38.4] F [168.7] C [20.1] D [28.3] F [87.6] C [25.0] E [40.1] F [206.3] Notes : (1) Numbers in brackets [] represent delay at unsignalized intersections in seconds per vehicle. Elkhorn Ave Total Future 2046Background 2030 Total Future 2030Background 2046 40 Table 6-2 Elkhorn Lodge Phase 2 - Estes Park, CO Total Future Intersection Queueing Summary (1) Intersection Operating Street Approach/Available AM PM SAT AM PM SAT AM PM SAT AM PM SAT Condition Name Movement Storage Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour Peak Hour 1 Elkhorn Ave & Filbey Ct STOP Elkhorn Ave EBLTR - 0 0 0 0 0 0 0 0 0 0 0 0 WBL 250 3 5 5 3 5 5 5 8 10 5 8 10 WBTR - 0 0 0 0 0 0 0 0 0 0 0 0 Elkhorn Lodge Site Access NBLTR - 3 15 20 3 15 20 10 33 53 10 35 58 Filbey Ct SBLTR - 0 0 0 0 0 0 0 0 0 0 0 3 2 Moraine Ave & Elm Rd STOP Moraine Ave EBLTR - 3 0 3 3 0 3 3 0 3 3 0 3 Moraine Ave WBLTR - 0 0 0 0 0 0 0 0 0 0 0 0 Driveway NBLTR - 0 3 5 0 3 5 0 3 5 0 3 8 Elm Rd SBLTR - 23 23 80 28 33 125 25 28 98 33 40 148 Notes : (1) Queue length, in feet, is based on the 95th percentile queue as reported by Synchro, Version 12. Background 2046 Total Future 2030 Total Future 2046Background 2030 Elkhorn Ave 41 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. VII. Conclusions and Recommendations Conclusions Based on the results of this traffic impact study, the following may be concluded: · Under existing traffic conditions, the intersection movements within the study area currently operate at acceptable levels of service (LOS) “D” or better during the weekday AM/PM, and Saturday midday peak hours with the exception of the northbound approach at the Moraine Ave & Elm Rd intersection which operates at LOS “F” (v/c 0.625) during the Saturday midday peak hour. All queues remain within their respective storage lengths. · Under background future 2030 conditions, without development of the subject site, the movements for the unsignalized intersections in the study area are forecasted to operate generally consistent with existing conditions. All queues would remain within their respective storage lengths. · Under background future 2046 traffic conditions, without the development of the subject site, delays would increase slightly at study intersections due to regional traffic growth. The intersection movements are forecasted to operate at acceptable LOS “D” or better during the weekday AM/PM and Saturday midday peak hours with the following exceptions at the Moraine Ave & Elm Rd intersection: o LOS “E” (v/c 0.324) for the southbound approach in the weekday PM peak hour o LOS “F” (v/c 0.927) for the southbound approach in the Saturday midday peak hour (consistent with existing conditions) o LOS “E” (v/c .075) for the northbound approach in the Saturday midday peak hour All queues would remain within their respective storage lengths. · The proposed site development would generate, upon completion and full occupancy, 126 new weekday AM, 151 new weekday PM, and 204 new Saturday midday peak hour vehicle trips as well as 2,208 new weekday daily trips and 2,258 new Saturday daily trips. · Under total future 2030 and 2046 traffic conditions with development of the site, the intersections within the study area would operate generally consistent with background conditions. Overall delays would experience a minor increase due to site trips. All queues would remain within their respective storage lengths. Recommendations · It is recommended that the Applicant provide access consistent with the site plan contained herein. · Due to the unique nature of the Elkhorn Lodge Phase 1 and Phase 2 location and proposed uses, ITE likely overestimates the forecasts of trip generation for these uses. Therefore, it is recommended that traffic counts be collected upon build out and occupancy of Elkhorn Lodge Phase 1 at the Elkhorn Ave access and an updated analysis provided to identify any necessary improvements. 42 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX A – Full Sized Conceptual Plan 11.11.2024 SKETCH PLANESTES PARK, CO Elkhorn Lodge Phase 2 NOTES: 1.All areas provided & property delineated are approximate & will need to be verified. 2. Plan for Illustrative purposes only. 3. Setbacks (Building or otherwise) to be established with the Establishment of Zone. 4. The boundaries of this drawing were developed from Scaled information & should not be construed as accurate. Legend Annexation & Establishment of Zone Boundary Proposed Access Drive Hotel 1 Max Units: 110-125 Guest Tree Houses Max Units: 55 - 65 Potential Parking Areas of focused Revegetation / Reforestation No Build Area over the Blueline Elevation of 7950 Hotel 2 Max Units: 110-125 Historic Cabins Max Units: 8 - 10 Use: Guest Tree Houses Area: ~4.70 AC Old Ra n g e r D r Local 6 0 f t R O W Use : H o t e l 1 Are a : ~ 1 . 1 A C Use: H o t e l 2 Area : ~ 1 . 0 A C Use: P a r k i n g Area: ~ 1 . 0 A C Use: Guest Historic Cabins Area:~1.0 AC Ol d M a n M o u n t a i n L n Pr i v a t e D r i v e E l m R d 6 0 f t R O W Single Family Residential Single Family Residential Single Family Residential Elm Rd Offices Storage Warehouse Storage Warehouse Storage Warehouse Commercial Ju n i p e r L n RO W Vacant Residential Vacant Residential Single Family Residential Single Family Residential Vacant Residential Single Family Residential Existing Elkhorn Lodge Single Family Residential Single Family Residential University of Northern Colorado Property Use: P a r k i n g Area: ~ 0 . 8 A C Us e : P a r k i n g Ar e a : ~ 1 . 0 A C No Build Area over the Blueline Elevation of 7950 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX B – Base Assumptions Form Chapter 4 – Attachments Larimer County Urban Area Street Standards – Repealed and Reenacted August 1, 2021 Page 4-35 Adopted by Larimer County, City of Loveland, City of Fort Collins Attachment A Transportation Impact Study Base Assumptions Project Information Project Name Project Location TIS Assumptions Type of Study Full: Intermediate: MTIS: Memo: Study Area Boundaries North: South: East: West: Study Years Short Range: Long Range: Future Traffic Growth Rate Study Intersections 1. All access drives 5. 2. 6. 3. 7. 4. 8. Time Period for Study AM: 7:00-9:00 PM: 4:00-6:00 Sat Noon: Trip Generation Rates Trip Adjustment Factors Passby: Captive Market: Overall Trip Distribution SEE ATTACHED SKETCH Mode Split Assumptions Design Vehicle Information Committed Roadway Improvements Other Traffic Studies Areas Requiring Special Study Date: Traffic Engineer: Local Entity Engineer: Elkhorn Lodge Estes Park, CO Old Ranger Dr Old Man Mt. Ln 2026 Moraine Ave 2046 Elm Rd Per OTIS Elm Rd/Moraine Ave Per ITE - see attached table N/A N/A Per Multimodal Plan Passenger car 11/27/2024 Brian Horan, PE, PTOE; Daniela Gonzalez Jeff Bailey N/A Elkhorn Lodge Expansion TIS Fall River Village TIS N/A Elkhorn Ave/Filbey Ct 12/3/24 Table 1 Elkhorn Lodge - Estes Park, CO Site Trip Generation Land Average SAT Land Use Use Daily Average Code Amount Units In Out Total In Out Total Trips In Out Total Daily Trips Proposed (1) Hotel 310 125 ROOMS 31 24 55 33 32 65 999 50 40 90 1,009 Hotel 310 125 ROOMS 31 24 55 33 32 65 999 50 40 90 1,009 Histroic Cabins "Campground/Recreational Vehicle Park"416 10 SITES 1 1 2 2 1 3 30 2 1 3 30 Tree Houses "Campground/Recreational Vehicle Park"416 65 SITES 5 9 14 12 6 18 180 14 7 21 210 68 58 126 80 71 151 2,208 116 88 204 2,258 Note(s): *Saturday trip generation data unavailable for LUC 416. Saturday trip generation for LUC 416 estimated by applying PM/SAT peak hour trips ratio from LUC 310 SAT Peak HourAM Peak Hour PM Peak Hour (1) Trip generation based on the Institute of Transportation Engineers' Trip Generation Manual, 11th Edition Total Trips SITE ELKH O R N A V E N U E MOR A I N E A V E N U E EL M R O A D 35 % 55% *site trip distributions subject to change based on collected traffic counts and future design changes LEGEND: SITE TRIP DISTRUBTION (%): STUDY INTERSECTION: 5% 5 % 11.11.2024 SKETCH PLANESTES PARK, CO Elkhorn Lodge Phase 2 NOTES: 1.All areas provided & property delineated are approximate & will need to be verified. 2. Plan for Illustrative purposes only. 3. Setbacks (Building or otherwise) to be established with the Establishment of Zone. 4. The boundaries of this drawing were developed from Scaled information & should not be construed as accurate. Legend Annexation & Establishment of Zone Boundary Proposed Access Drive Hotel 1 Max Units: 110-125 Guest Tree Houses Max Units: 55 - 65 Potential Parking Areas of focused Revegetation / Reforestation No Build Area over the Blueline Elevation of 7950 Hotel 2 Max Units: 110-125 Historic Cabins Max Units: 8 - 10 Use: Guest Tree Houses Area: ~4.70 AC Old Ra n g e r D r Local 6 0 f t R O W Use : H o t e l 1 Are a : ~ 1 . 1 A C Use: H o t e l 2 Area : ~ 1 . 0 A C Use: P a r k i n g Area: ~ 1 . 0 A C Use: Guest Historic Cabins Area:~1.0 AC Ol d M a n M o u n t a i n L n Pr i v a t e D r i v e E l m R d 6 0 f t R O W Single Family Residential Single Family Residential Single Family Residential Elm Rd Offices Storage Warehouse Storage Warehouse Storage Warehouse Commercial Ju n i p e r L n RO W Vacant Residential Vacant Residential Single Family Residential Single Family Residential Vacant Residential Single Family Residential Existing Elkhorn Lodge Single Family Residential Single Family Residential University of Northern Colorado Property Use: P a r k i n g Area: ~ 0 . 8 A C Us e : P a r k i n g Ar e a : ~ 1 . 0 A C No Build Area over the Blueline Elevation of 7950 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX C – LOS Descriptions Level of Service for Signalized Intersections Level of service for signalized intersections is defined in terms of delay, which is a measure of driver discomfort and frustration, fuel consumption, and lost travel time. Specifically, level-of-service (LOS) criteria are stated in terms of the average stopped delay per vehicle for a 15-min analysis period. The criteria are given in Exhibit 16-2. Delay may be measured in the field or estimated using procedures presented later in this chapter. Delay is a complex measure and is dependent on a number of variables, including the quality of progression, the cycle length, the green ratio, and the v/c ratio for the lane group in question. LOS A describes operations with very low delay, up to 10 sec per vehicle. This level of service occurs when progression is extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. LOS B describes operations with delay greater than 10 and up to 20 sec per vehicle. This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of average delay. Exhibit 16-2. Level-of-Service Criteria for Signalized Intersections LEVEL OF SERVICE STOPPED DELAY PER VEHICLE (SEC) A <10.0 B > 10.0 and <20.0 C > 20.0 and < 35.0 D > 35.0 and < 55.0 E > 55.0 and < 80.0 F >80.0 LOS C describes operations with delay greater than 20 and up to 35 sec per vehicle. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. LOS D describes operations with delay greater than 35 and up to 55 sec per vehicle. At level D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, or high v/c ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. LOS E describes operations with delay greater than 55 and up to 80 sec per vehicle. This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences. LOS F describes operations with delay in excess of 80 sec per vehicle. This level, considered to be unacceptable to most drivers, often occurs with oversaturation, that is, when arrival flow rates exceed the capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing causes to such delay levels. Source: Highway Capacity Manual, 2000. Transportation Research Board, National Research Council Level of Service Criteria for Stop Sign Controlled Intersections The level of service criteria are given in Table 17-2. As used here, control delay is defined as the total elapsed time from the time a vehicle stops at the end of the queue until the vehicle departs from the stop line; this time includes the time required for the vehicle to travel from the last-in-queue position to the first-in-queue position, including deceleration of vehicles from free-flow speed to the speed of vehicles in queue. The average total delay for any particular minor movement is a function of the service rate or capacity of the approach and the degree of saturation. . . . Table 17-2. Level of Service Criteria for TWSC Intersections LEVEL OF SERVICE AVERAGE CONTROL DELAY (sec/veh) A < 10 B > 10 and < 15 C > 15 and < 25 D > 25 and < 35 E > 35 and < 50 F > 50 Average total delay less than 10 sec/veh is defined as Level of Service (LOS) A. Follow-up times of less than 5 sec have been measured when there is no conflicting traffic for a minor street movement, so control delays of less than 10 sec/veh are appropriate for low flow conditions. To remain consistent with the AWSC intersection analysis procedure described later in this chapter, a total delay of 50 sec/veh is assumed as the break point between LOS E and F. The proposed level of service criteria for TWSC intersections are somewhat different from the criteria used in Chapter 16 for signalized intersections. The primary reason for this difference is that drivers expect different levels of performance from different kinds of transportation facilities. The expectation is that a signalized intersection is designed to carry higher traffic volumes than an unsignalized intersection. Additionally, several driver behavior considerations combine to make delays at signalized intersections less onerous than at unsignalized intersections. For example, drivers at signalized intersections are able to relax during the red interval, where drivers on the minor approaches to unsignalized intersections must remain attentive to the task of identifying acceptable gaps and vehicle conflicts. Also, there is often much more variability in the amount of delay experienced by individual drivers at unsignalized than signalized intersections. For these reasons, it is considered that the total delay threshold for any given level of service is less for an unsignalized intersection than for a signalized intersection. . . . LOS F exists when there are insufficient gaps of suitable size to allow a side street demand to cross safely through a major street traffic stream. This level of service is generally evident from extremely long total delays experienced by side street traffic and by queueing on the minor approaches. The method, however, is based on a constant critical gap size - that is, the critical gap remains constant, no matter how long the side street motorist waits. LOS F may also appear in the form of side street vehicles’ selecting smaller-than-usual gaps. In such cases, safety may be a problem and some disruption to the major traffic stream may result. It is important to note that LOS F may not always result in long queues but may result in adjustments to normal gap acceptance behavior. The latter is more difficult to observe on the field than queueing, which is more obvious. Source: Highway Capacity Manual, 2000. Transportation Research Board, National Research Council Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX D – Elkhorn Lodge Phase 1 Development Excerpts RECENT PEAK HOUR TRAFFIC Figure 3 DELICH ASSOCIATES Elkhorn Lodge Expansion TIS, December 2019 Page 7 0/ 3 8/ 3 4/3 101/106 0/1 65/121 7/ 1 4 18 / 3 6 11/57 130/111 5/10 98/143 3/ 5 3/ 4 4/3 69/76 6/3 57/106 105/108 0/29 72/100 1/24 0/ 1 0/ 2 72/80 0/1 63/109 1/5 0/ 2 0/ 0 67/66 5/16 50/105 2/6 5/ 4 14 / 9 174/168 6/18 86/216 44/63 59 / 6 6 9/ 7 Sp r u c e D r i v e Fi l b e y C o u r t Ja m e s S t r e e t El k h o r n A v e n u e El k h o r n Ma i n A c c e s s El k h o r n St a b l e A c c e s s Ol d R a n g e r Dr i v e ElkHorn Avenue ElkHorn Avenue ElkHorn Avenue Wonderview Avenue (US34) Elkhorn Avenue ElkHorn Avenue ElkHorn Avenue E l k h o r n A v e n u e Wonderview (US34) AM/PM DELICH Elkhorn Lodge Expansion TIS, December 2019 ASSOCIATES Page 11 TABLE 2 Trip Generation Code Use Size AWDTE AM Peak Hour PM Peak Hour Rate Trips Rate In Rate Out Rate In Rate Out 310 Hotel 36 Rooms 8.36 300 0.28 10 0.19 7 0.31 11 0.29 10 310 Hotel 132 Rooms 8.36 1104 0.28 37 0.19 25 0.31 41 0.29 38 932 Sit-Down Restaurant (Riverside) 6.04 KSF 112.18 (2) 678 (474) (1) 0 (1) 0 6.06 37 3.71 22 932 Sit-Down Restaurant (Hillside) 2.88 KSF 112.18 (2) 324 (226) (1) 0 (1) 0 6.06 17 3.71 11 820 Retail 2.88 KSF 37.75 108 0.58 2 0.36 1 1.83 5 1.98 6 932 Sit-Down Restaurant (Coach House) 3.55 KSF 112.18 (2) 398 (278) (1) 0 (1) 0 6.06 22 3.71 13 Light Industrial (Distillery) 2.20 KSF 4.96 10 0.62 1 0.08 0 0.08 0 0.55 1 Total 2500 50 33 133 101 (1) Not open for breakfast (2) Since not open for breakfast, the daily factored by 0.70 TRIP DISTRIBUTION Figure 5 DELICH ASSOCIATES Elkhorn Lodge Expansion TIS, December 2019 Page 12 E l k h o r n A v e n u e Wonderview (US34) 60% 40% SITE GENERATED PEAK HOUR TRAFFIC Figure 6 DELICH ASSOCIATES Elkhorn Lodge Expansion TIS, December 2019 Page 13 10 / 3 2 20 / 6 1 16/42 30/80 30/80 20/61 10/32 16/42 10/32 16/42 10/32 16/42 4/11 3/ 8 20/53 13 / 4 0 Sp r u c e D r i v e Fi l b e y C o u r t Ja m e s S t r e e t El k h o r n A v e n u e El k h o r n Ma i n A c c e s s El k h o r n St a b l e A c c e s s Ol d R a n g e r Dr i v e ElkHorn Avenue ElkHorn Avenue Wonderview Avenue (US34) Elkhorn Avenue ElkHorn Avenue ElkHorn Avenue E l k h o r n A v e n u e Wonderview (US34) AM/PM Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX E – Traffic Counts www.idaxdata.com Date: Peak Hour Count Period: Peak Hour: HV%PHF EB 4%0.82 WB 13%0.60 NB 0%0.25 SB ---- TOTAL 8%0.92 Peak Hour Count Summaries UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:45 AM 0 0 6 1 0 1 4 1 0 0 0 0 0 0 0 0 13 0 8:00 AM 0 0 7 0 0 0 4 0 0 0 0 0 0 0 0 0 11 0 8:15 AM 0 0 3 0 0 0 10 0 0 0 0 0 0 0 0 0 13 0 8:30 AM 0 0 6 0 0 0 4 0 0 0 0 1 0 0 0 0 11 48 0 0 22 1 0 1 22 1 0 0 0 1 0 0 0 0 48 0 0 1 0 0 0 3 0 0 0 0 0 0 0 0 0 4 --5%0%-0%14%0%---0%----8% EB WB NB SB EB WB NB SB E W N S 7:45 AM 0 2 0 0 0 0 0 0 0 0 2 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 1 0 8:15 AM 1 1 0 0 0 0 0 0 0 0 1 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 1 Peak Hour 1 3 0 0 0 0 0 0 0 0 4 140 5 1 2 0 1 0 0 2 0 2 0 0 1 Bicycles Pedestrians (Crossing Leg) Total Total Total Interval Start Heavy Vehicle Totals Note: For complete count summary (all intervals), see following pages. ** Heavy Vehicle Classifications include FHWA Classes 4-13. ** Count Summaries include heavy vehicles, but exclude bicycles in overall count. Rolling Hour TotalEastboundWestboundNorthboundSouthbound Peak Hour Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total 7:45 AM to 8:45 AM 12/5/2024 7:00 AM to 9:00 AM 0 0 0 0 0 0 000 0 0 0 4 1 0 0 N Fiibey Ct W Elkhorn Ave W Elkhorn Ave Dr i v e w a y W Elkhorn Ave Fi i b e y C t 48TEV: 0.9231PHF: 0 0 0 0 1 0 1 22 1 24 230 100 12 0 1 22 0 23 22 0 TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - All Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:00 AM 0 0 2 0 0 1 4 0 0 0 0 0 0 0 0 0 7 0 7:15 AM 0 0 6 0 0 1 6 0 0 0 0 0 0 0 0 0 13 0 7:30 AM 0 0 4 0 0 2 1 0 0 0 0 0 0 0 0 0 7 0 7:45 AM 0 0 6 1 0 1 4 1 0 0 0 0 0 0 0 0 13 40 8:00 AM 0 0 7 0 0 0 4 0 0 0 0 0 0 0 0 0 11 44 8:15 AM 0 0 3 0 0 0 10 0 0 0 0 0 0 0 0 0 13 44 8:30 AM 0 0 6 0 0 0 4 0 0 0 0 1 0 0 0 0 11 48 8:45 AM 0 0 5 0 0 0 6 0 0 0 0 1 0 0 0 0 12 47 Count Total 0 0 39 1 0 5 39 1 0 0 0 2 0 0 0 0 87 0 0 22 1 0 1 22 1 0 0 0 1 0 0 0 0 48 0 0 1 0 0 0 3 0 0 0 0 0 0 0 0 0 4 --5%0%-0%14%0%---0%----8% EB WB NB SB EB WB NB SB E W N S 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 1 1 0 0 0 0 0 0 0 0 1 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 2 0 0 0 0 0 0 0 0 2 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 1 0 8:15 AM 1 1 0 0 0 0 0 0 0 0 1 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 1 8:45 AM 0 0 0 0 0 0 0 0 0 0 1 0 Count Total 2 4 0 0 0 0 0 0 0 0 6 1 Peak Hour 1 3 0 0 0 0 0 0 0 0 4 1 6 0 7 4 0 5 0 0 1 0 0 1 0 0 1 2 0 1 0 0 0 2 0 2 0 0 0 2 0 1 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) Total Total Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - Heavy Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 2 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 2 4 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 8:15 AM 0 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 2 4 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Count Total 0 0 2 0 0 0 4 0 0 0 0 0 0 0 0 0 6 Pk Hr Heavy 0 0 1 0 0 0 3 0 0 0 0 0 0 0 0 0 4 Count Summaries - Bikes UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pk Hr Bike 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15-min Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Date: Peak Hour Count Period: Peak Hour: HV%PHF EB 0%0.83 WB 0%0.83 NB 0%0.28 SB ---- TOTAL 0%0.92 Peak Hour Count Summaries UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 11 0 0 0 13 0 0 0 0 0 0 0 0 0 24 0 4:15 PM 0 0 6 0 0 1 8 1 0 1 5 3 0 0 0 0 25 0 4:30 PM 0 0 11 0 0 0 14 0 0 1 0 0 0 0 0 0 26 0 4:45 PM 0 0 12 0 1 0 15 0 0 0 0 0 0 0 0 0 28 103 0 0 40 0 1 1 50 1 0 2 5 3 0 0 0 0 103 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 --0%-0%0%0%0%-0%0%0%----0% EB WB NB SB EB WB NB SB E W N S 4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 1 0 Peak Hour 0 0 0 0 0 0 0 0 0 0 1 000 1 1 0 0 0 0 0 0 0 0 0 0 0 Bicycles Pedestrians (Crossing Leg) Total Total Total Interval Start Heavy Vehicle Totals Note: For complete count summary (all intervals), see following pages. ** Heavy Vehicle Classifications include FHWA Classes 4-13. ** Count Summaries include heavy vehicles, but exclude bicycles in overall count. Rolling Hour TotalEastboundWestboundNorthboundSouthbound Peak Hour Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total 4:00 PM to 5:00 PM 12/5/2024 4:00 PM to 6:00 PM 0 0 0 0 0 0 000 0 0 0 1 0 0 0 N Fiibey Ct W Elkhorn Ave W Elkhorn Ave Dr i v e w a y W Elkhorn Ave Fi i b e y C t 103TEV: 0.9196PHF: 0 0 0 0 6 0 1 50 1 53 441 352 101 0 0 40 0 40 52 0 TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - All Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 11 0 0 0 13 0 0 0 0 0 0 0 0 0 24 0 4:15 PM 0 0 6 0 0 1 8 1 0 1 5 3 0 0 0 0 25 0 4:30 PM 0 0 11 0 0 0 14 0 0 1 0 0 0 0 0 0 26 0 4:45 PM 0 0 12 0 1 0 15 0 0 0 0 0 0 0 0 0 28 103 5:00 PM 0 0 14 0 0 0 6 1 0 0 0 1 0 0 0 0 22 101 5:15 PM 0 0 7 0 0 0 7 0 0 0 0 0 0 2 0 0 16 92 5:30 PM 0 0 3 0 0 0 9 1 0 0 0 0 0 0 0 0 13 79 5:45 PM 0 0 7 0 0 0 10 0 0 0 0 0 0 0 0 0 17 68 Count Total 0 0 71 0 1 1 82 3 0 2 5 4 0 2 0 0 171 0 0 40 0 1 1 50 1 0 2 5 3 0 0 0 0 103 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 --0%-0%0%0%0%-0%0%0%----0% EB WB NB SB EB WB NB SB E W N S 4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 1 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 1 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 0 0 2 0 Peak Hour 0 0 0 0 0 0 0 0 0 0 1 0 0 0 2 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) Total Total Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - Heavy Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pk Hr Heavy 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count Summaries - Bikes UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pk Hr Bike 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15-min Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Date: Peak Hour Count Period: Peak Hour: HV%PHF EB 3%0.69 WB 2%0.64 NB 100%0.25 SB 0%0.25 TOTAL 2%0.95 Peak Hour Count Summaries UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:45 AM 0 0 9 0 0 0 20 1 0 0 0 0 0 2 0 0 32 0 12:00 PM 0 1 12 0 0 0 17 1 0 0 0 0 0 0 0 0 31 0 12:15 PM 0 0 11 0 0 0 17 0 0 0 0 0 0 1 0 0 29 0 12:30 PM 0 1 10 1 0 2 17 0 0 0 0 1 0 1 0 0 33 125 0 2 42 1 0 2 71 2 0 0 0 1 0 4 0 0 125 0 0 0 1 0 0 1 0 0 0 0 1 0 0 0 0 3 -0%0%100%-0%1%0%---100%-0%--2% EB WB NB SB EB WB NB SB E W N S 11:45 AM 0 0 0 0 0 0 0 0 0 0 2 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 1 0 12:15 PM 0 1 0 0 0 0 0 0 0 0 0 0 12:30 PM 1 0 1 0 0 0 0 0 0 0 1 0 Peak Hour 1 1 1 0 0 0 0 0 0 0 4 030 4 1 1 0 0 2 0 0 0 2 0 0 1 Bicycles Pedestrians (Crossing Leg) Total Total Total Interval Start Heavy Vehicle Totals Note: For complete count summary (all intervals), see following pages. ** Heavy Vehicle Classifications include FHWA Classes 4-13. ** Count Summaries include heavy vehicles, but exclude bicycles in overall count. Rolling Hour TotalEastboundWestboundNorthboundSouthbound Peak Hour Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total 11:45 AM to 12:45 PM 12/7/2024 11:00 AM to 1:00 PM 0 0 0 0 0 0 000 0 0 0 4 0 0 0 N Fiibey Ct W Elkhorn Ave W Elkhorn Ave Dr i v e w a y W Elkhorn Ave Fi i b e y C t 93TEV: 0.9470PHF: 0 0 4 2 3 0 2 71 2 54 360 100 13 0 1 42 2 36 51 0 TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - All Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 0 11 0 0 0 11 0 0 0 0 1 0 0 0 0 23 0 11:15 AM 0 0 15 0 0 0 10 0 0 0 0 0 0 0 0 0 25 0 11:30 AM 0 0 16 0 1 0 8 0 0 0 0 0 0 0 0 0 25 0 11:45 AM 0 0 9 0 0 0 20 1 0 0 0 0 0 2 0 0 32 105 12:00 PM 0 1 12 0 0 0 17 1 0 0 0 0 0 0 0 0 31 113 12:15 PM 0 0 11 0 0 0 17 0 0 0 0 0 0 1 0 0 29 117 12:30 PM 0 1 10 1 0 2 17 0 0 0 0 1 0 1 0 0 33 125 12:45 PM 0 0 14 0 0 0 15 0 0 0 0 0 0 0 0 0 29 122 Count Total 0 2 98 1 1 2 115 2 0 0 0 2 0 4 0 0 227 0 2 42 1 0 2 71 2 0 0 0 1 0 4 0 0 125 0 0 0 1 0 0 1 0 0 0 0 1 0 0 0 0 3 -0%0%100%-0%1%0%---100%-0%--2% EB WB NB SB EB WB NB SB E W N S 11:00 AM 0 0 0 0 0 0 0 0 0 0 1 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 1 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 3 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 2 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 1 0 12:15 PM 0 1 0 0 0 0 0 0 0 0 0 0 12:30 PM 1 0 1 0 0 0 0 0 0 0 1 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 1 1 1 0 0 0 0 0 0 0 9 0 Peak Hour 1 1 1 0 0 0 0 0 0 0 4 0 3 0 9 3 0 4 2 0 1 0 0 0 0 0 1 1 0 0 0 0 3 0 0 2 0 0 1 0 0 1 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) Total Total Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - Heavy Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 1 12:30 PM 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 2 3 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 Count Total 0 0 0 1 0 0 1 0 0 0 0 1 0 0 0 0 3 Pk Hr Heavy 0 0 0 1 0 0 1 0 0 0 0 1 0 0 0 0 3 Count Summaries - Bikes UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pk Hr Bike 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15-min Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct Interval Start W Elkhorn Ave W Elkhorn Ave Driveway Fiibey Ct 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Date: Peak Hour Count Period: Peak Hour: HV%PHF EB 4%0.81 WB 3%0.92 NB 0%0.25 SB 21%0.94 TOTAL 6%0.90 Peak Hour Count Summaries UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 8:00 AM 0 8 18 0 0 0 39 14 0 0 0 0 0 10 0 4 93 0 8:15 AM 0 4 37 0 0 0 37 9 0 0 0 2 0 6 0 12 107 0 8:30 AM 0 11 37 1 0 0 47 6 0 0 0 0 0 13 0 5 120 0 8:45 AM 1 8 43 0 0 2 29 12 0 0 0 0 0 10 0 8 113 433 1 31 135 1 0 2 152 41 0 0 0 2 0 39 0 29 433 0 4 3 0 0 0 4 2 0 0 0 0 0 6 0 8 27 0%13%2%0%-0%3%5%---0%-15%-28%6% EB WB NB SB EB WB NB SB E W N S 8:00 AM 1 0 0 2 0 0 0 0 0 0 0 0 8:15 AM 1 1 0 2 0 0 0 0 0 0 0 0 8:30 AM 2 4 0 6 0 0 0 0 0 0 0 0 8:45 AM 3 1 0 4 1 0 0 0 0 0 0 0 Peak Hour 7 6 0 14 1 0 0 0 0 0 0 0271 0 0 12 0 0 8 1 3 0 0 4 0 0 Bicycles Pedestrians (Crossing Leg) Total Total Total Interval Start Heavy Vehicle Totals Note: For complete count summary (all intervals), see following pages. ** Heavy Vehicle Classifications include FHWA Classes 4-13. ** Count Summaries include heavy vehicles, but exclude bicycles in overall count. Rolling Hour TotalEastboundWestboundNorthboundSouthbound Peak Hour Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total 8:00 AM to 9:00 AM 12/5/2024 7:00 AM to 9:00 AM 0 1 0 0 0 0 000 0 0 0 0 0 0 0 N Elm Rd Moraine Ave Moraine Ave Dr i v e w a y Moraine Ave El m R d 433TEV: 0.9021PHF: 29 0 39 68 72 0 41 152 2 195 1760 200 23 0 1 135 31 168 182 1 TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - All Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:00 AM 0 4 10 0 0 0 24 6 0 0 0 0 0 4 0 1 49 0 7:15 AM 0 2 16 0 0 0 29 6 0 0 0 0 0 5 0 3 61 0 7:30 AM 0 5 25 0 0 1 24 1 0 0 0 0 0 5 0 5 66 0 7:45 AM 0 8 31 1 0 0 50 9 0 1 0 0 0 7 0 4 111 287 8:00 AM 0 8 18 0 0 0 39 14 0 0 0 0 0 10 0 4 93 331 8:15 AM 0 4 37 0 0 0 37 9 0 0 0 2 0 6 0 12 107 377 8:30 AM 0 11 37 1 0 0 47 6 0 0 0 0 0 13 0 5 120 431 8:45 AM 1 8 43 0 0 2 29 12 0 0 0 0 0 10 0 8 113 433 Count Total 1 50 217 2 0 3 279 63 0 1 0 2 0 60 0 42 720 1 31 135 1 0 2 152 41 0 0 0 2 0 39 0 29 433 0 4 3 0 0 0 4 2 0 0 0 0 0 6 0 8 27 0%13%2%0%-0%3%5%---0%-15%-28%6% EB WB NB SB EB WB NB SB E W N S 7:00 AM 2 2 0 2 0 1 0 0 0 0 0 0 7:15 AM 1 1 0 1 0 0 0 0 0 0 0 0 7:30 AM 2 2 0 2 0 0 0 0 0 0 0 0 7:45 AM 1 1 0 0 1 0 0 0 0 0 2 0 8:00 AM 1 0 0 2 0 0 0 0 0 0 0 0 8:15 AM 1 1 0 2 0 0 0 0 0 0 0 0 8:30 AM 2 4 0 6 0 0 0 0 0 0 0 0 8:45 AM 3 1 0 4 1 0 0 0 0 0 0 0 Count Total 13 12 0 19 2 1 0 0 0 0 2 0 Peak Hour 7 6 0 14 1 0 0 0 0 0 0 0 44 3 2 27 1 0 12 0 0 8 1 0 3 0 0 4 0 0 6 0 0 2 1 2 6 1 0 3 0 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) Total Total Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - Heavy Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:00 AM 0 0 2 0 0 0 2 0 0 0 0 0 0 2 0 0 6 0 7:15 AM 0 0 1 0 0 0 0 1 0 0 0 0 0 1 0 0 3 0 7:30 AM 0 0 2 0 0 0 1 1 0 0 0 0 0 0 0 2 6 0 7:45 AM 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 2 17 8:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 3 14 8:15 AM 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 2 4 15 8:30 AM 0 1 1 0 0 0 4 0 0 0 0 0 0 4 0 2 12 21 8:45 AM 0 2 1 0 0 0 0 1 0 0 0 0 0 2 0 2 8 27 Count Total 0 4 9 0 0 0 7 5 0 0 0 0 0 9 0 10 44 Pk Hr Heavy 0 4 3 0 0 0 4 2 0 0 0 0 0 6 0 8 27 Count Summaries - Bikes UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 7:00 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:45 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 Count Total 0 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 3 Pk Hr Bike 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 15-min Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start Moraine Ave Moraine Ave Driveway Elm Rd Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Date: Peak Hour Count Period: Peak Hour: HV%PHF EB 2%0.89 WB 3%0.85 NB 0%0.58 SB 2%0.62 TOTAL 2%0.87 Peak Hour Count Summaries UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 3 58 1 0 0 44 4 0 1 0 2 0 16 0 3 132 0 4:15 PM 0 2 66 0 0 0 38 9 0 2 0 0 0 10 0 3 130 0 4:30 PM 0 2 57 0 0 0 28 3 0 1 0 0 0 8 0 2 101 0 4:45 PM 0 2 51 1 0 1 33 4 0 1 0 0 0 4 0 1 98 461 0 9 232 2 0 1 143 20 0 5 0 2 0 38 0 9 461 0 0 4 0 0 0 2 3 0 0 0 0 0 1 0 0 10 -0%2%0%-0%1%15%-0%-0%-3%-0%2% EB WB NB SB EB WB NB SB E W N S 4:00 PM 2 1 0 0 0 0 0 0 0 0 0 0 4:15 PM 1 2 0 0 0 0 0 0 0 0 0 0 4:30 PM 1 2 0 0 0 0 0 0 0 1 0 1 4:45 PM 0 0 0 1 0 0 0 0 0 0 0 0 Peak Hour 4 5 0 1 0 0 0 0 0 1 0 1100 2 0 3 0 2 1 0 3 0 0 3 0 0 Bicycles Pedestrians (Crossing Leg) Total Total Total Interval Start Heavy Vehicle Totals Note: For complete count summary (all intervals), see following pages. ** Heavy Vehicle Classifications include FHWA Classes 4-13. ** Count Summaries include heavy vehicles, but exclude bicycles in overall count. Rolling Hour TotalEastboundWestboundNorthboundSouthbound Peak Hour Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total 4:00 PM to 5:00 PM 12/5/2024 4:00 PM to 6:00 PM 0 0 0 0 0 0 000 0 0 0 0 1 1 0 N Elm Rd Moraine Ave Moraine Ave Dr i v e w a y Moraine Ave El m R d 461TEV: 0.8731PHF: 9 0 38 47 29 0 20 143 1 164 2720 205 73 0 2 232 9 243 157 0 TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - All Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 3 58 1 0 0 44 4 0 1 0 2 0 16 0 3 132 0 4:15 PM 0 2 66 0 0 0 38 9 0 2 0 0 0 10 0 3 130 0 4:30 PM 0 2 57 0 0 0 28 3 0 1 0 0 0 8 0 2 101 0 4:45 PM 0 2 51 1 0 1 33 4 0 1 0 0 0 4 0 1 98 461 5:00 PM 0 4 56 0 0 0 44 3 0 0 0 0 0 9 0 5 121 450 5:15 PM 0 0 36 0 0 1 39 1 0 0 0 0 0 3 0 1 81 401 5:30 PM 0 1 35 0 0 0 32 2 0 0 0 0 0 5 0 1 76 376 5:45 PM 0 0 32 0 0 0 32 4 0 0 0 0 0 4 0 1 73 351 Count Total 0 14 391 2 0 2 290 30 0 5 0 2 0 59 0 17 812 0 9 232 2 0 1 143 20 0 5 0 2 0 38 0 9 461 0 0 4 0 0 0 2 3 0 0 0 0 0 1 0 0 10 -0%2%0%-0%1%15%-0%-0%-3%-0%2% EB WB NB SB EB WB NB SB E W N S 4:00 PM 2 1 0 0 0 0 0 0 0 0 0 0 4:15 PM 1 2 0 0 0 0 0 0 0 0 0 0 4:30 PM 1 2 0 0 0 0 0 0 0 1 0 1 4:45 PM 0 0 0 1 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 Count Total 4 6 0 1 0 0 0 0 0 1 0 1 Peak Hour 4 5 0 1 0 0 0 0 0 1 0 1 11 0 2 10 0 2 0 0 0 1 0 0 0 0 0 0 0 0 3 0 2 1 0 0 3 0 0 3 0 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) Total Total Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - Heavy Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 3 0 4:15 PM 0 0 1 0 0 0 0 2 0 0 0 0 0 0 0 0 3 0 4:30 PM 0 0 1 0 0 0 1 1 0 0 0 0 0 0 0 0 3 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 10 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 1 Count Total 0 0 4 0 0 0 3 3 0 0 0 0 0 1 0 0 11 Pk Hr Heavy 0 0 4 0 0 0 2 3 0 0 0 0 0 1 0 0 10 Count Summaries - Bikes UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 4:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Count Total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Pk Hr Bike 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15-min Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start Moraine Ave Moraine Ave Driveway Elm Rd Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Date: Peak Hour Count Period: Peak Hour: HV%PHF EB 1%0.68 WB 1%0.71 NB 0%0.63 SB 2%0.52 TOTAL 1%0.95 Peak Hour Count Summaries UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 5 50 0 0 2 68 11 0 1 0 0 0 11 0 5 153 0 11:15 AM 1 5 53 0 0 0 69 11 0 1 0 0 0 19 0 7 166 0 11:30 AM 0 3 54 2 0 0 70 10 0 1 0 1 0 12 0 0 153 0 11:45 AM 0 7 62 0 0 0 66 4 0 1 0 1 0 9 0 7 157 629 1 20 219 2 0 2 273 36 0 4 0 2 0 51 0 19 629 0 1 1 0 0 0 2 0 0 0 0 0 0 1 0 0 5 0%5%0%0%-0%1%0%-0%-0%-2%-0%1% EB WB NB SB EB WB NB SB E W N S 11:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 2 0 0 0 0 0 0 0 0 0 0 11:30 AM 1 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 1 0 0 0 0 0 0 0 0 Peak Hour 2 2 0 1 0 0 0 0 0 0 0 050 0 0 1 0 0 1 0 1 0 0 2 0 0 Bicycles Pedestrians (Crossing Leg) Total Total Total Interval Start Heavy Vehicle Totals Note: For complete count summary (all intervals), see following pages. ** Heavy Vehicle Classifications include FHWA Classes 4-13. ** Count Summaries include heavy vehicles, but exclude bicycles in overall count. Rolling Hour TotalEastboundWestboundNorthboundSouthbound Peak Hour Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total 11:00 AM to 12:00 PM 12/7/2024 11:00 AM to 1:00 PM 0 0 0 0 0 0 000 0 0 0 0 0 0 0 N Elm Rd Moraine Ave Moraine Ave Dr i v e w a y Moraine Ave El m R d 476TEV: 0.9473PHF: 19 0 51 54 40 0 36 273 2 230 2110 204 52 0 2 219 20 187 223 1 TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - All Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 5 50 0 0 2 68 11 0 1 0 0 0 11 0 5 153 0 11:15 AM 1 5 53 0 0 0 69 11 0 1 0 0 0 19 0 7 166 0 11:30 AM 0 3 54 2 0 0 70 10 0 1 0 1 0 12 0 0 153 0 11:45 AM 0 7 62 0 0 0 66 4 0 1 0 1 0 9 0 7 157 629 12:00 PM 0 2 58 1 0 0 59 3 0 0 0 0 0 9 0 3 135 611 12:15 PM 0 4 64 1 0 0 57 4 0 1 0 0 0 2 0 4 137 582 12:30 PM 0 9 67 1 0 0 69 2 0 0 0 1 0 7 0 2 158 587 12:45 PM 0 2 69 1 0 0 71 9 0 0 0 0 0 8 0 5 165 595 Count Total 1 37 477 6 0 2 529 54 0 5 0 3 0 77 0 33 1,224 1 20 219 2 0 2 273 36 0 4 0 2 0 51 0 19 629 0 1 1 0 0 0 2 0 0 0 0 0 0 1 0 0 5 0%5%0%0%-0%1%0%-0%-0%-2%-0%1% EB WB NB SB EB WB NB SB E W N S 11:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 2 0 0 0 0 0 0 0 0 0 0 11:30 AM 1 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 1 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 1 0 0 0 0 0 0 0 0 12:15 PM 1 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 1 0 0 0 0 0 0 0 0 0 0 1 12:45 PM 1 0 0 0 0 1 0 0 0 0 0 1 Count Total 5 2 0 2 0 1 0 0 0 0 0 2 Peak Hour 2 2 0 1 0 0 0 0 0 0 0 0 9 1 2 5 0 0 1 0 1 1 1 1 1 0 0 1 0 0 1 0 0 1 0 0 1 0 0 2 0 0 Interval Start Heavy Vehicle Totals Bicycles Pedestrians (Crossing Leg) Total Total Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com www.idaxdata.com Count Summaries - Heavy Vehicles UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 11:15 AM 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 2 0 11:30 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 1 5 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 5 12:15 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4 12:30 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4 12:45 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4 Count Total 0 2 3 0 0 0 2 0 0 0 0 0 0 1 0 1 9 Pk Hr Heavy 0 1 1 0 0 0 2 0 0 0 0 0 0 1 0 0 5 Count Summaries - Bikes UT LT TH RT UT LT TH RT UT LT TH RT UT LT TH RT 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 1 Count Total 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 Pk Hr Bike 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15-min Total Rolling Hour TotalEastboundWestboundNorthboundSouthbound Rolling Hour TotalEastboundWestboundNorthboundSouthbound Interval Start Moraine Ave Moraine Ave Driveway Elm Rd Interval Start Moraine Ave Moraine Ave Driveway Elm Rd 15-min Total TJ Wethington (720) 646-1008 tj.wethington@idaxdata.com Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX F – Existing Synchro Outputs HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 12/13/2024 1-EX AM 11:46 am 12/12/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 0.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 55 1 1 55 4 0 0 1 8 0 0 Future Vol, veh/h 0 55 1 1 55 4 0 0 1 8 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 85 85 85 85 85 85 85 85 85 85 85 85 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 0 65 1 1 65 5 0 0 1 9 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 69 0 0 66 0 0 132 137 65 134 135 67 Stage 1 - - - - - - 65 65 - 69 69 - Stage 2 - - - - - - 67 72 - 65 66 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1531 - - 1536 - - 840 754 999 837 756 996 Stage 1 - - - - - - 945 841 - 941 837 - Stage 2 - - - - - - 943 835 - 946 840 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1531 - - 1536 - - 839 753 999 836 755 996 Mov Cap-2 Maneuver - - - - - - 839 753 - 836 755 - Stage 1 - - - - - - 945 841 - 940 836 - Stage 2 - - - - - - 943 835 - 945 840 - Approach EB WB NB SB HCM Control Delay, s/v 0 0.12 8.61 9.36 HCM LOS A A Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 999 1531 - - 1536 - - 836 HCM Lane V/C Ratio 0.001 - - - 0.001 - - 0.011 HCM Control Delay (s/veh) 8.6 0 - - 7.3 - - 9.4 HCM Lane LOS A A - - A - - A HCM 95th %tile Q(veh) 0 0 - - 0 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 12/13/2024 1-EX AM 11:46 am 12/12/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 32 338 1 2 380 41 0 0 2 39 0 29 Future Vol, veh/h 32 338 1 2 380 41 0 0 2 39 0 29 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 85 85 85 92 92 92 85 85 85 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 38 398 1 2 413 45 0 0 2 42 0 32 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 458 0 0 399 0 0 891 935 398 913 914 435 Stage 1 - - - - - - 474 474 - 440 440 - Stage 2 - - - - - - 417 462 - 473 474 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1103 - - 1160 - - 263 265 651 254 273 621 Stage 1 - - - - - - 571 558 - 596 578 - Stage 2 - - - - - - 613 565 - 572 558 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1103 - - 1160 - - 238 253 651 242 260 621 Mov Cap-2 Maneuver - - - - - - 238 253 - 242 260 - Stage 1 - - - - - - 546 534 - 595 576 - Stage 2 - - - - - - 580 563 - 545 533 - Approach EB WB NB SB HCM Control Delay, s/v 0.72 0.04 10.55 19.2 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 651 155 - - 8 - - 327 HCM Lane V/C Ratio 0.004 0.034 - - 0.002 - - 0.226 HCM Control Delay (s/veh) 10.5 8.4 0 - 8.1 0 - 19.2 HCM Lane LOS B A A - A A - C HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 0.9 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 12/13/2024 1-EX PM 11:20 am 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 0.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 100 0 2 125 3 2 5 3 3 0 3 Future Vol, veh/h 1 100 0 2 125 3 2 5 3 3 0 3 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 85 85 85 85 85 85 85 85 85 85 85 85 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 1 118 0 2 147 4 2 6 4 4 0 4 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 151 0 0 118 0 0 272 275 118 276 274 149 Stage 1 - - - - - - 120 120 - 154 154 - Stage 2 - - - - - - 152 155 - 123 120 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1430 - - 1471 - - 681 632 934 676 634 898 Stage 1 - - - - - - 884 796 - 849 770 - Stage 2 - - - - - - 851 769 - 881 796 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1430 - - 1471 - - 676 631 934 665 632 898 Mov Cap-2 Maneuver - - - - - - 676 631 - 665 632 - Stage 1 - - - - - - 884 796 - 847 769 - Stage 2 - - - - - - 846 768 - 871 796 - Approach EB WB NB SB HCM Control Delay, s/v 0.07 0.11 10.16 9.75 HCM LOS B A Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 709 18 - - 1471 - - 764 HCM Lane V/C Ratio 0.017 0.001 - - 0.002 - - 0.009 HCM Control Delay (s/veh) 10.2 7.5 0 - 7.5 - - 9.8 HCM Lane LOS B A A - A - - A HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 12/13/2024 1-EX PM 11:20 am 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 9 580 2 1 358 20 5 0 2 38 0 9 Future Vol, veh/h 9 580 2 1 358 20 5 0 2 38 0 9 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 89 89 89 85 85 85 85 85 85 85 85 85 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 10 652 2 1 421 24 6 0 2 45 0 11 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 445 0 0 654 0 0 1097 1120 653 1107 1109 433 Stage 1 - - - - - - 673 673 - 435 435 - Stage 2 - - - - - - 424 447 - 672 674 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1115 - - 933 - - 191 206 467 187 209 623 Stage 1 - - - - - - 445 454 - 599 580 - Stage 2 - - - - - - 608 573 - 445 453 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1115 - - 933 - - 184 203 467 184 206 623 Mov Cap-2 Maneuver - - - - - - 184 203 - 184 206 - Stage 1 - - - - - - 438 448 - 598 579 - Stage 2 - - - - - - 597 572 - 437 447 - Approach EB WB NB SB HCM Control Delay, s/v 0.13 0.02 21.76 27.84 HCM LOS C D Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 223 27 - - 5 - - 212 HCM Lane V/C Ratio 0.037 0.009 - - 0.001 - - 0.261 HCM Control Delay (s/veh) 21.8 8.3 0 - 8.9 0 - 27.8 HCM Lane LOS C A A - A A - D HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 1 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 12/13/2024 1-EX SAT 11:22 am 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 0.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 2 105 1 2 178 2 0 0 1 4 0 0 Future Vol, veh/h 2 105 1 2 178 2 0 0 1 4 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 87 87 87 89 89 89 85 85 85 85 85 85 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 2 121 1 2 200 2 0 0 1 5 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 202 0 0 122 0 0 330 333 121 331 332 201 Stage 1 - - - - - - 126 126 - 206 206 - Stage 2 - - - - - - 204 207 - 125 126 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1370 - - 1465 - - 623 587 930 622 588 840 Stage 1 - - - - - - 878 792 - 796 732 - Stage 2 - - - - - - 797 731 - 879 791 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1370 - - 1465 - - 621 585 930 620 586 840 Mov Cap-2 Maneuver - - - - - - 621 585 - 620 586 - Stage 1 - - - - - - 876 790 - 795 730 - Stage 2 - - - - - - 796 730 - 876 790 - Approach EB WB NB SB HCM Control Delay, s/v 0.14 0.08 8.88 10.85 HCM LOS A B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 930 33 - - 1465 - - 620 HCM Lane V/C Ratio 0.001 0.002 - - 0.002 - - 0.008 HCM Control Delay (s/veh) 8.9 7.6 0 - 7.5 - - 10.9 HCM Lane LOS A A A - A - - B HCM 95th %tile Q(veh) 0 0 - - 0 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 12/13/2024 1-EX SAT 11:22 am 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 4.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 21 548 2 2 683 36 4 0 2 51 0 19 Future Vol, veh/h 21 548 2 2 683 36 4 0 2 51 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 88 88 88 92 92 92 85 85 85 85 85 85 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 24 623 2 2 742 39 5 0 2 60 0 22 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 782 0 0 625 0 0 1418 1457 624 1437 1439 762 Stage 1 - - - - - - 672 672 - 766 766 - Stage 2 - - - - - - 747 786 - 670 673 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 836 - - 956 - - 114 130 486 111 133 405 Stage 1 - - - - - - 446 455 - 395 412 - Stage 2 - - - - - - 405 403 - 446 454 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 836 - - 956 - - 103 123 486 105 127 405 Mov Cap-2 Maneuver - - - - - - 103 123 - 105 127 - Stage 1 - - - - - - 426 435 - 394 410 - Stage 2 - - - - - - 381 402 - 425 434 - Approach EB WB NB SB HCM Control Delay, s/v 0.35 0.02 32.15 69.63 HCM LOS D F Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 140 66 - - 5 - - 132 HCM Lane V/C Ratio 0.051 0.029 - - 0.002 - - 0.625 HCM Control Delay (s/veh) 32.2 9.4 0 - 8.8 0 - 69.6 HCM Lane LOS D A A - A A - F HCM 95th %tile Q(veh) 0.2 0.1 - - 0 - - 3.3 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX G – Background (without site development) Synchro Outputs HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/10/2025 2-BG 30 AM 11:20 am 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 2.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 58 17 31 58 4 11 0 21 8 0 0 Future Vol, veh/h 0 58 17 31 58 4 11 0 21 8 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 0 63 18 34 63 4 12 0 23 9 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 67 0 0 82 0 0 203 207 72 196 214 65 Stage 1 - - - - - - 72 72 - 133 133 - Stage 2 - - - - - - 130 135 - 63 82 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1534 - - 1516 - - 755 690 990 764 683 999 Stage 1 - - - - - - 937 835 - 871 787 - Stage 2 - - - - - - 873 785 - 948 827 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1534 - - 1516 - - 739 674 990 729 668 999 Mov Cap-2 Maneuver - - - - - - 739 674 - 729 668 - Stage 1 - - - - - - 937 835 - 851 769 - Stage 2 - - - - - - 854 767 - 926 827 - Approach EB WB NB SB HCM Control Delay, s/v 0 2.48 9.23 10 HCM LOS A A Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 886 1534 - - 1516 - - 729 HCM Lane V/C Ratio 0.039 - - - 0.022 - - 0.012 HCM Control Delay (s/veh) 9.2 0 - - 7.4 - - 10 HCM Lane LOS A A - - A - - A HCM 95th %tile Q(veh) 0.1 0 - - 0.1 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/10/2025 2-BG 30 AM 11:20 am 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 32 359 1 2 403 41 0 0 2 39 0 29 Future Vol, veh/h 32 359 1 2 403 41 0 0 2 39 0 29 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 35 390 1 2 438 45 0 0 2 42 0 32 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 483 0 0 391 0 0 903 947 391 924 926 460 Stage 1 - - - - - - 460 460 - 465 465 - Stage 2 - - - - - - 442 487 - 460 461 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1080 - - 1167 - - 258 261 658 250 269 601 Stage 1 - - - - - - 581 566 - 578 563 - Stage 2 - - - - - - 594 550 - 581 565 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1080 - - 1167 - - 234 250 658 238 257 601 Mov Cap-2 Maneuver - - - - - - 234 250 - 238 257 - Stage 1 - - - - - - 557 542 - 576 562 - Stage 2 - - - - - - 562 549 - 556 542 - Approach EB WB NB SB HCM Control Delay, s/v 0.69 0.04 10.49 19.56 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 658 147 - - 8 - - 321 HCM Lane V/C Ratio 0.003 0.032 - - 0.002 - - 0.231 HCM Control Delay (s/veh) 10.5 8.4 0 - 8.1 0 - 19.6 HCM Lane LOS B A A - A A - C HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 0.9 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/10/2025 2-BG 30 PM 11:20 am 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 3.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 106 43 82 133 3 34 5 64 3 0 3 Future Vol, veh/h 1 106 43 82 133 3 34 5 64 3 0 3 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 1 115 47 89 145 3 37 5 70 3 0 3 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 148 0 0 162 0 0 464 467 139 445 489 146 Stage 1 - - - - - - 141 141 - 324 324 - Stage 2 - - - - - - 323 326 - 120 164 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1434 - - 1417 - - 509 494 910 524 480 901 Stage 1 - - - - - - 862 780 - 688 649 - Stage 2 - - - - - - 689 648 - 884 762 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1434 - - 1417 - - 475 462 910 448 449 901 Mov Cap-2 Maneuver - - - - - - 475 462 - 448 449 - Stage 1 - - - - - - 861 780 - 645 609 - Stage 2 - - - - - - 644 608 - 810 762 - Approach EB WB NB SB HCM Control Delay, s/v 0.05 2.9 11.4 11.08 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 674 11 - - 1417 - - 598 HCM Lane V/C Ratio 0.166 0.001 - - 0.063 - - 0.011 HCM Control Delay (s/veh) 11.4 7.5 0 - 7.7 - - 11.1 HCM Lane LOS B A A - A - - B HCM 95th %tile Q(veh) 0.6 0 - - 0.2 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/10/2025 2-BG 30 PM 11:20 am 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 9 616 2 1 380 20 5 0 2 38 0 9 Future Vol, veh/h 9 616 2 1 380 20 5 0 2 38 0 9 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 10 670 2 1 413 22 5 0 2 41 0 10 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 435 0 0 672 0 0 1105 1127 671 1115 1117 424 Stage 1 - - - - - - 690 690 - 426 426 - Stage 2 - - - - - - 415 437 - 689 691 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1125 - - 919 - - 188 204 457 185 207 630 Stage 1 - - - - - - 435 446 - 606 586 - Stage 2 - - - - - - 615 579 - 436 445 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1125 - - 919 - - 182 201 457 181 204 630 Mov Cap-2 Maneuver - - - - - - 182 201 - 181 204 - Stage 1 - - - - - - 429 440 - 605 585 - Stage 2 - - - - - - 604 578 - 428 439 - Approach EB WB NB SB HCM Control Delay, s/v 0.12 0.02 21.95 27.56 HCM LOS C D Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 220 26 - - 4 - - 210 HCM Lane V/C Ratio 0.035 0.009 - - 0.001 - - 0.243 HCM Control Delay (s/veh) 21.9 8.2 0 - 8.9 0 - 27.6 HCM Lane LOS C A A - A A - D HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 0.9 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/10/2025 2-BG 30 SAT 2:10 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 2 111 49 91 189 2 42 0 80 4 0 0 Future Vol, veh/h 2 111 49 91 189 2 42 0 80 4 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 2 121 53 99 205 2 46 0 87 4 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 208 0 0 174 0 0 555 557 147 529 583 207 Stage 1 - - - - - - 152 152 - 404 404 - Stage 2 - - - - - - 403 405 - 125 178 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1363 - - 1403 - - 442 439 900 460 424 834 Stage 1 - - - - - - 851 772 - 623 599 - Stage 2 - - - - - - 624 598 - 879 752 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1363 - - 1403 - - 410 407 900 386 394 834 Mov Cap-2 Maneuver - - - - - - 410 407 - 386 394 - Stage 1 - - - - - - 849 771 - 579 557 - Stage 2 - - - - - - 580 556 - 793 750 - Approach EB WB NB SB HCM Control Delay, s/v 0.09 2.5 12.12 14.44 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 638 21 - - 1403 - - 386 HCM Lane V/C Ratio 0.208 0.002 - - 0.071 - - 0.011 HCM Control Delay (s/veh) 12.1 7.6 0 - 7.8 - - 14.4 HCM Lane LOS B A A - A - - B HCM 95th %tile Q(veh) 0.8 0 - - 0.2 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/10/2025 2-BG 30 SAT 2:10 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 3.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 21 582 2 2 725 36 4 0 2 51 0 19 Future Vol, veh/h 21 582 2 2 725 36 4 0 2 51 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 23 633 2 2 788 39 4 0 2 55 0 21 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 827 0 0 635 0 0 1472 1511 634 1490 1492 808 Stage 1 - - - - - - 679 679 - 812 812 - Stage 2 - - - - - - 792 832 - 678 680 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 804 - - 948 - - 105 120 479 102 123 381 Stage 1 - - - - - - 441 451 - 373 392 - Stage 2 - - - - - - 382 384 - 442 451 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 804 - - 948 - - 95 114 479 97 117 381 Mov Cap-2 Maneuver - - - - - - 95 114 - 97 117 - Stage 1 - - - - - - 422 431 - 371 391 - Stage 2 - - - - - - 360 383 - 421 431 - Approach EB WB NB SB HCM Control Delay, s/v 0.33 0.02 34.35 75.07 HCM LOS D F Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 129 62 - - 5 - - 121 HCM Lane V/C Ratio 0.051 0.028 - - 0.002 - - 0.628 HCM Control Delay (s/veh) 34.4 9.6 0 - 8.8 0 - 75.1 HCM Lane LOS D A A - A A - F HCM 95th %tile Q(veh) 0.2 0.1 - - 0 - - 3.2 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 12/18/2024 2-BG 46 AM 2:12 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 2.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 68 17 31 68 4 11 0 21 8 0 0 Future Vol, veh/h 0 68 17 31 68 4 11 0 21 8 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 0 74 18 34 74 4 12 0 23 9 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 78 0 0 92 0 0 224 229 83 217 236 76 Stage 1 - - - - - - 83 83 - 143 143 - Stage 2 - - - - - - 141 146 - 74 92 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1520 - - 1502 - - 731 671 976 739 665 985 Stage 1 - - - - - - 925 826 - 859 778 - Stage 2 - - - - - - 862 776 - 935 818 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1520 - - 1502 - - 715 656 976 705 650 985 Mov Cap-2 Maneuver - - - - - - 715 656 - 705 650 - Stage 1 - - - - - - 925 826 - 840 761 - Stage 2 - - - - - - 842 759 - 914 818 - Approach EB WB NB SB HCM Control Delay, s/v 0 2.24 9.32 10.17 HCM LOS A B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 867 1520 - - 1502 - - 705 HCM Lane V/C Ratio 0.04 - - - 0.022 - - 0.012 HCM Control Delay (s/veh) 9.3 0 - - 7.5 - - 10.2 HCM Lane LOS A A - - A - - B HCM 95th %tile Q(veh) 0.1 0 - - 0.1 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 12/18/2024 2-BG 46 AM 2:12 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 32 421 1 2 473 41 0 0 2 39 0 29 Future Vol, veh/h 32 421 1 2 473 41 0 0 2 39 0 29 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 35 458 1 2 514 45 0 0 2 42 0 32 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 559 0 0 459 0 0 1046 1091 458 1068 1069 536 Stage 1 - - - - - - 528 528 - 541 541 - Stage 2 - - - - - - 518 563 - 527 528 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1012 - - 1102 - - 206 215 603 199 221 544 Stage 1 - - - - - - 534 528 - 525 521 - Stage 2 - - - - - - 540 509 - 534 528 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1012 - - 1102 - - 185 204 603 189 211 544 Mov Cap-2 Maneuver - - - - - - 185 204 - 189 211 - Stage 1 - - - - - - 509 504 - 524 519 - Stage 2 - - - - - - 508 507 - 508 503 - Approach EB WB NB SB HCM Control Delay, s/v 0.61 0.03 10.99 24.06 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 603 127 - - 7 - - 262 HCM Lane V/C Ratio 0.004 0.034 - - 0.002 - - 0.282 HCM Control Delay (s/veh) 11 8.7 0 - 8.3 0 - 24.1 HCM Lane LOS B A A - A A - C HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 1.1 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 12/18/2024 2-BG 46 PM 2:13 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 3.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 124 43 82 156 3 34 5 64 3 0 3 Future Vol, veh/h 1 124 43 82 156 3 34 5 64 3 0 3 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 1 135 47 89 170 3 37 5 70 3 0 3 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 173 0 0 182 0 0 508 511 158 489 533 171 Stage 1 - - - - - - 160 160 - 349 349 - Stage 2 - - - - - - 348 351 - 140 184 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1404 - - 1394 - - 475 466 887 489 453 873 Stage 1 - - - - - - 842 765 - 667 633 - Stage 2 - - - - - - 668 632 - 863 748 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1404 - - 1394 - - 443 436 887 417 423 873 Mov Cap-2 Maneuver - - - - - - 443 436 - 417 423 - Stage 1 - - - - - - 841 765 - 624 593 - Stage 2 - - - - - - 623 592 - 789 747 - Approach EB WB NB SB HCM Control Delay, s/v 0.05 2.64 11.79 11.46 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 642 10 - - 1394 - - 564 HCM Lane V/C Ratio 0.174 0.001 - - 0.064 - - 0.012 HCM Control Delay (s/veh) 11.8 7.6 0 - 7.8 - - 11.5 HCM Lane LOS B A A - A - - B HCM 95th %tile Q(veh) 0.6 0 - - 0.2 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 12/18/2024 2-BG 46 PM 2:13 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 9 722 2 1 445 20 5 0 2 38 0 9 Future Vol, veh/h 9 722 2 1 445 20 5 0 2 38 0 9 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 10 785 2 1 484 22 5 0 2 41 0 10 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 505 0 0 787 0 0 1291 1313 786 1301 1303 495 Stage 1 - - - - - - 805 805 - 497 497 - Stage 2 - - - - - - 486 508 - 804 807 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1059 - - 832 - - 140 158 392 138 160 575 Stage 1 - - - - - - 376 395 - 555 545 - Stage 2 - - - - - - 563 539 - 376 395 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1059 - - 832 - - 135 155 392 135 158 575 Mov Cap-2 Maneuver - - - - - - 135 155 - 135 158 - Stage 1 - - - - - - 370 389 - 554 544 - Stage 2 - - - - - - 552 538 - 368 388 - Approach EB WB NB SB HCM Control Delay, s/v 0.1 0.02 27.68 38.37 HCM LOS D E Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 166 22 - - 4 - - 158 HCM Lane V/C Ratio 0.046 0.009 - - 0.001 - - 0.324 HCM Control Delay (s/veh) 27.7 8.4 0 - 9.3 0 - 38.4 HCM Lane LOS D A A - A A - E HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 1.3 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 12/18/2024 2-BG 46 SAT 2:13 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 3.8 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 2 131 49 91 222 2 42 0 80 4 0 0 Future Vol, veh/h 2 131 49 91 222 2 42 0 80 4 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 2 142 53 99 241 2 46 0 87 4 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 243 0 0 196 0 0 613 615 169 587 640 242 Stage 1 - - - - - - 173 173 - 440 440 - Stage 2 - - - - - - 439 441 - 147 200 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1323 - - 1377 - - 405 407 875 421 393 796 Stage 1 - - - - - - 828 755 - 596 577 - Stage 2 - - - - - - 597 577 - 856 736 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1323 - - 1377 - - 375 377 875 351 364 796 Mov Cap-2 Maneuver - - - - - - 375 377 - 351 364 - Stage 1 - - - - - - 827 754 - 553 536 - Stage 2 - - - - - - 554 535 - 769 734 - Approach EB WB NB SB HCM Control Delay, s/v 0.08 2.26 12.7 15.37 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 600 19 - - 1377 - - 351 HCM Lane V/C Ratio 0.221 0.002 - - 0.072 - - 0.012 HCM Control Delay (s/veh) 12.7 7.7 0 - 7.8 - - 15.4 HCM Lane LOS B A A - A - - C HCM 95th %tile Q(veh) 0.8 0 - - 0.2 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 12/18/2024 2-BG 46 SAT 2:13 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 7.4 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 21 682 2 2 850 36 4 0 2 51 0 19 Future Vol, veh/h 21 682 2 2 850 36 4 0 2 51 0 19 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 23 741 2 2 924 39 4 0 2 55 0 21 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 963 0 0 743 0 0 1716 1755 742 1735 1737 943 Stage 1 - - - - - - 788 788 - 948 948 - Stage 2 - - - - - - 928 967 - 787 789 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 715 - - 864 - - 71 85 415 69 87 318 Stage 1 - - - - - - 384 402 - 313 339 - Stage 2 - - - - - - 321 332 - 385 402 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 715 - - 864 - - 62 80 415 64 82 318 Mov Cap-2 Maneuver - - - - - - 62 80 - 64 82 - Stage 1 - - - - - - 363 380 - 312 338 - Stage 2 - - - - - - 299 331 - 362 380 - Approach EB WB NB SB HCM Control Delay, s/v 0.3 0.02 49.75 168.65 HCM LOS E F Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 87 54 - - 4 - - 82 HCM Lane V/C Ratio 0.075 0.032 - - 0.003 - - 0.927 HCM Control Delay (s/veh) 49.8 10.2 0 - 9.2 0 - 168.7 HCM Lane LOS E B A - A A - F HCM 95th %tile Q(veh) 0.2 0.1 - - 0 - - 5 Elkhorn Lodge Phase 2 Estes Park, CO Galloway & Company, Inc. APPENDIX H – Future (with site development) Synchro Outputs HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/10/2025 3-TF 30 AM 2:40 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 4.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 58 41 68 58 4 31 0 53 8 0 0 Future Vol, veh/h 0 58 41 68 58 4 31 0 53 8 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 0 63 45 74 63 4 34 0 58 9 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 67 0 0 108 0 0 296 301 85 276 321 65 Stage 1 - - - - - - 85 85 - 213 213 - Stage 2 - - - - - - 211 215 - 63 108 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1534 - - 1483 - - 656 612 974 676 596 999 Stage 1 - - - - - - 923 824 - 789 726 - Stage 2 - - - - - - 791 725 - 948 806 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1534 - - 1483 - - 623 581 974 605 567 999 Mov Cap-2 Maneuver - - - - - - 623 581 - 605 567 - Stage 1 - - - - - - 923 824 - 750 690 - Stage 2 - - - - - - 752 688 - 892 806 - Approach EB WB NB SB HCM Control Delay, s/v 0 3.95 10.03 11.04 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 806 1534 - - 1483 - - 605 HCM Lane V/C Ratio 0.113 - - - 0.05 - - 0.014 HCM Control Delay (s/veh) 10 0 - - 7.6 - - 11 HCM Lane LOS B A - - A - - B HCM 95th %tile Q(veh) 0.4 0 - - 0.2 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/10/2025 3-TF 30 AM 2:40 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 35 359 1 2 403 44 0 0 2 42 0 32 Future Vol, veh/h 35 359 1 2 403 44 0 0 2 42 0 32 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 38 390 1 2 438 48 0 0 2 46 0 35 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 486 0 0 391 0 0 909 957 391 933 934 462 Stage 1 - - - - - - 467 467 - 466 466 - Stage 2 - - - - - - 442 490 - 466 467 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1077 - - 1167 - - 256 258 658 247 266 600 Stage 1 - - - - - - 576 562 - 577 562 - Stage 2 - - - - - - 594 549 - 577 562 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1077 - - 1167 - - 229 245 658 234 253 600 Mov Cap-2 Maneuver - - - - - - 229 245 - 234 253 - Stage 1 - - - - - - 550 537 - 575 561 - Stage 2 - - - - - - 558 547 - 549 536 - Approach EB WB NB SB HCM Control Delay, s/v 0.75 0.04 10.49 20.12 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 658 159 - - 8 - - 318 HCM Lane V/C Ratio 0.003 0.035 - - 0.002 - - 0.253 HCM Control Delay (s/veh) 10.5 8.5 0 - 8.1 0 - 20.1 HCM Lane LOS B A A - A A - C HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 1 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/10/2025 3-TF 30 PM 2:41 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 5.5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 106 71 126 133 3 59 5 103 3 0 3 Future Vol, veh/h 1 106 71 126 133 3 59 5 103 3 0 3 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 1 115 77 137 145 3 64 5 112 3 0 3 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 148 0 0 192 0 0 574 578 154 540 615 146 Stage 1 - - - - - - 156 156 - 420 420 - Stage 2 - - - - - - 418 422 - 120 195 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1434 - - 1381 - - 429 427 892 452 407 901 Stage 1 - - - - - - 846 769 - 611 589 - Stage 2 - - - - - - 612 588 - 884 740 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1434 - - 1381 - - 385 384 892 352 366 901 Mov Cap-2 Maneuver - - - - - - 385 384 - 352 366 - Stage 1 - - - - - - 846 768 - 550 531 - Stage 2 - - - - - - 549 530 - 767 739 - Approach EB WB NB SB HCM Control Delay, s/v 0.04 3.8 13.73 12.21 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 593 9 - - 1381 - - 506 HCM Lane V/C Ratio 0.306 0.001 - - 0.099 - - 0.013 HCM Control Delay (s/veh) 13.7 7.5 0 - 7.9 - - 12.2 HCM Lane LOS B A A - A - - B HCM 95th %tile Q(veh) 1.3 0 - - 0.3 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/10/2025 3-TF 30 PM 2:41 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 1.7 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 13 616 2 1 380 24 5 0 2 42 0 13 Future Vol, veh/h 13 616 2 1 380 24 5 0 2 42 0 13 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 14 670 2 1 413 26 5 0 2 46 0 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 439 0 0 672 0 0 1114 1140 671 1126 1128 426 Stage 1 - - - - - - 699 699 - 428 428 - Stage 2 - - - - - - 415 441 - 698 700 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1121 - - 919 - - 185 201 457 182 204 628 Stage 1 - - - - - - 430 442 - 605 584 - Stage 2 - - - - - - 615 577 - 431 441 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1121 - - 919 - - 177 196 457 177 200 628 Mov Cap-2 Maneuver - - - - - - 177 196 - 177 200 - Stage 1 - - - - - - 422 433 - 604 584 - Stage 2 - - - - - - 600 576 - 420 432 - Approach EB WB NB SB HCM Control Delay, s/v 0.17 0.02 22.37 28.31 HCM LOS C D Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 215 37 - - 4 - - 213 HCM Lane V/C Ratio 0.035 0.013 - - 0.001 - - 0.28 HCM Control Delay (s/veh) 22.4 8.3 0 - 8.9 0 - 28.3 HCM Lane LOS C A A - A A - D HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 1.1 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/10/2025 3-TF 30 SAT 2:41 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 6.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 2 111 90 155 189 2 73 0 128 4 0 0 Future Vol, veh/h 2 111 90 155 189 2 73 0 128 4 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 2 121 98 168 205 2 79 0 139 4 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 208 0 0 218 0 0 716 718 170 668 766 207 Stage 1 - - - - - - 174 174 - 543 543 - Stage 2 - - - - - - 542 545 - 125 223 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1363 - - 1351 - - 345 355 874 372 333 834 Stage 1 - - - - - - 828 755 - 524 519 - Stage 2 - - - - - - 524 519 - 879 719 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1363 - - 1351 - - 301 310 874 273 291 834 Mov Cap-2 Maneuver - - - - - - 301 310 - 273 291 - Stage 1 - - - - - - 826 754 - 458 455 - Stage 2 - - - - - - 459 454 - 738 718 - Approach EB WB NB SB HCM Control Delay, s/v 0.08 3.6 16.95 18.4 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 517 16 - - 1351 - - 273 HCM Lane V/C Ratio 0.422 0.002 - - 0.125 - - 0.016 HCM Control Delay (s/veh) 16.9 7.6 0 - 8 - - 18.4 HCM Lane LOS C A A - A - - C HCM 95th %tile Q(veh) 2.1 0 - - 0.4 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/10/2025 3-TF 30 SAT 2:41 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 5 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 27 582 2 2 725 42 4 0 2 55 0 23 Future Vol, veh/h 27 582 2 2 725 42 4 0 2 55 0 23 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 29 633 2 2 788 46 4 0 2 60 0 25 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 834 0 0 635 0 0 1485 1530 634 1507 1509 811 Stage 1 - - - - - - 692 692 - 815 815 - Stage 2 - - - - - - 792 838 - 691 693 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 799 - - 948 - - 103 117 479 99 121 379 Stage 1 - - - - - - 434 445 - 371 391 - Stage 2 - - - - - - 382 382 - 435 444 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 799 - - 948 - - 90 110 479 93 113 379 Mov Cap-2 Maneuver - - - - - - 90 110 - 93 113 - Stage 1 - - - - - - 409 420 - 370 389 - Stage 2 - - - - - - 356 380 - 408 419 - Approach EB WB NB SB HCM Control Delay, s/v 0.43 0.02 35.71 87.63 HCM LOS E F Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 124 79 - - 5 - - 119 HCM Lane V/C Ratio 0.053 0.037 - - 0.002 - - 0.71 HCM Control Delay (s/veh) 35.7 9.7 0 - 8.8 0 - 87.6 HCM Lane LOS E A A - A A - F HCM 95th %tile Q(veh) 0.2 0.1 - - 0 - - 3.9 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/07/2025 3-TF 46 AM 2:43 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 4.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 0 68 41 68 68 4 31 0 53 8 0 0 Future Vol, veh/h 0 68 41 68 68 4 31 0 53 8 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 0 74 45 74 74 4 34 0 58 9 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 78 0 0 118 0 0 318 322 96 298 342 76 Stage 1 - - - - - - 96 96 - 224 224 - Stage 2 - - - - - - 222 226 - 74 118 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1520 - - 1470 - - 635 595 960 654 580 985 Stage 1 - - - - - - 910 815 - 779 718 - Stage 2 - - - - - - 781 717 - 935 798 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1520 - - 1470 - - 603 565 960 584 551 985 Mov Cap-2 Maneuver - - - - - - 603 565 - 584 551 - Stage 1 - - - - - - 910 815 - 739 682 - Stage 2 - - - - - - 741 681 - 879 798 - Approach EB WB NB SB HCM Control Delay, s/v 0 3.68 10.17 11.26 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 788 1520 - - 1470 - - 584 HCM Lane V/C Ratio 0.116 - - - 0.05 - - 0.015 HCM Control Delay (s/veh) 10.2 0 - - 7.6 - - 11.3 HCM Lane LOS B A - - A - - B HCM 95th %tile Q(veh) 0.4 0 - - 0.2 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/07/2025 3-TF 46 AM 2:43 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 2.1 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 35 421 1 2 473 44 0 0 2 42 0 32 Future Vol, veh/h 35 421 1 2 473 44 0 0 2 42 0 32 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 38 458 1 2 514 48 0 0 2 46 0 35 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 562 0 0 459 0 0 1053 1101 458 1076 1077 538 Stage 1 - - - - - - 534 534 - 542 542 - Stage 2 - - - - - - 518 566 - 534 535 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1009 - - 1102 - - 204 212 603 197 219 543 Stage 1 - - - - - - 530 524 - 524 520 - Stage 2 - - - - - - 540 507 - 530 524 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1009 - - 1102 - - 181 201 603 186 207 543 Mov Cap-2 Maneuver - - - - - - 181 201 - 186 207 - Stage 1 - - - - - - 503 498 - 523 518 - Stage 2 - - - - - - 504 506 - 501 498 - Approach EB WB NB SB HCM Control Delay, s/v 0.67 0.03 10.99 24.97 HCM LOS B C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 603 138 - - 7 - - 260 HCM Lane V/C Ratio 0.004 0.038 - - 0.002 - - 0.31 HCM Control Delay (s/veh) 11 8.7 0 - 8.3 0 - 25 HCM Lane LOS B A A - A A - C HCM 95th %tile Q(veh) 0 0.1 - - 0 - - 1.3 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/07/2025 3-TF 46 PM 2:43 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 5.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 1 124 71 126 156 3 59 5 103 3 0 3 Future Vol, veh/h 1 124 71 126 156 3 59 5 103 3 0 3 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 1 135 77 137 170 3 64 5 112 3 0 3 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 173 0 0 212 0 0 619 622 173 585 659 171 Stage 1 - - - - - - 176 176 - 445 445 - Stage 2 - - - - - - 443 447 - 140 214 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1404 - - 1358 - - 401 403 870 423 384 873 Stage 1 - - - - - - 826 754 - 592 575 - Stage 2 - - - - - - 593 574 - 863 725 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1404 - - 1358 - - 359 362 870 326 345 873 Mov Cap-2 Maneuver - - - - - - 359 362 - 326 345 - Stage 1 - - - - - - 826 753 - 532 517 - Stage 2 - - - - - - 532 516 - 746 725 - Approach EB WB NB SB HCM Control Delay, s/v 0.04 3.51 14.41 12.68 HCM LOS B B Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 563 9 - - 1358 - - 475 HCM Lane V/C Ratio 0.322 0.001 - - 0.101 - - 0.014 HCM Control Delay (s/veh) 14.4 7.6 0 - 7.9 - - 12.7 HCM Lane LOS B A A - A - - B HCM 95th %tile Q(veh) 1.4 0 - - 0.3 - - 0 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/07/2025 3-TF 46 PM 2:43 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 2 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 13 722 2 1 445 24 5 0 2 42 0 13 Future Vol, veh/h 13 722 2 1 445 24 5 0 2 42 0 13 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 14 785 2 1 484 26 5 0 2 46 0 14 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 510 0 0 787 0 0 1300 1326 786 1312 1314 497 Stage 1 - - - - - - 814 814 - 499 499 - Stage 2 - - - - - - 486 512 - 813 815 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1055 - - 832 - - 138 155 392 136 158 573 Stage 1 - - - - - - 372 391 - 554 544 - Stage 2 - - - - - - 563 536 - 372 391 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1055 - - 832 - - 131 152 392 131 154 573 Mov Cap-2 Maneuver - - - - - - 131 152 - 131 154 - Stage 1 - - - - - - 363 382 - 553 543 - Stage 2 - - - - - - 548 536 - 361 382 - Approach EB WB NB SB HCM Control Delay, s/v 0.15 0.02 28.29 40.12 HCM LOS D E Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 162 32 - - 4 - - 161 HCM Lane V/C Ratio 0.047 0.013 - - 0.001 - - 0.372 HCM Control Delay (s/veh) 28.3 8.5 0 - 9.3 0 - 40.1 HCM Lane LOS D A A - A A - E HCM 95th %tile Q(veh) 0.1 0 - - 0 - - 1.6 HCM 7th TWSC 1: Elkhorn Lodge Site Access/Filbey Ct & Elkhorn Ave 01/07/2025 3-TF 46 SAT 2:43 pm 12/13/2024 Baseline Synchro 12 Report Page 1 Intersection Int Delay, s/veh 6.3 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 2 131 90 155 222 2 73 0 128 4 0 0 Future Vol, veh/h 2 131 90 155 222 2 73 0 128 4 0 0 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - 250 - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 2 142 98 168 241 2 79 0 139 4 0 0 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 243 0 0 240 0 0 774 776 191 726 824 242 Stage 1 - - - - - - 196 196 - 579 579 - Stage 2 - - - - - - 578 580 - 147 245 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 1323 - - 1326 - - 316 328 850 340 308 796 Stage 1 - - - - - - 806 739 - 501 500 - Stage 2 - - - - - - 501 500 - 856 704 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 1323 - - 1326 - - 275 286 850 248 268 796 Mov Cap-2 Maneuver - - - - - - 275 286 - 248 268 - Stage 1 - - - - - - 805 737 - 437 437 - Stage 2 - - - - - - 438 436 - 715 702 - Approach EB WB NB SB HCM Control Delay, s/v 0.07 3.32 18.45 19.79 HCM LOS C C Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 483 15 - - 1326 - - 248 HCM Lane V/C Ratio 0.452 0.002 - - 0.127 - - 0.018 HCM Control Delay (s/veh) 18.5 7.7 0 - 8.1 - - 19.8 HCM Lane LOS C A A - A - - C HCM 95th %tile Q(veh) 2.3 0 - - 0.4 - - 0.1 HCM 7th TWSC 2: Elm Rd & Moraine Ave 01/07/2025 3-TF 46 SAT 2:43 pm 12/13/2024 Baseline Synchro 12 Report Page 2 Intersection Int Delay, s/veh 9.9 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR Lane Configurations Traffic Vol, veh/h 27 682 2 2 850 42 4 0 2 55 0 23 Future Vol, veh/h 27 682 2 2 850 42 4 0 2 55 0 23 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized - - None - - None - - None - - None Storage Length - - - - - - - - - - - - Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 - Grade, % - 0 - - 0 - - 0 - - 0 - Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 Mvmt Flow 29 741 2 2 924 46 4 0 2 60 0 25 Major/Minor Major1 Major2 Minor1 Minor2 Conflicting Flow All 970 0 0 743 0 0 1729 1775 742 1751 1753 947 Stage 1 - - - - - - 801 801 - 951 951 - Stage 2 - - - - - - 928 974 - 800 802 - Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22 Critical Hdwy Stg 1 - - - - - - 6.12 5.52 - 6.12 5.52 - Critical Hdwy Stg 2 - - - - - - 6.12 5.52 - 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap-1 Maneuver 711 - - 864 - - 69 83 415 67 85 317 Stage 1 - - - - - - 378 397 - 312 338 - Stage 2 - - - - - - 321 330 - 379 396 - Platoon blocked, % - - - - Mov Cap-1 Maneuver 711 - - 864 - - 59 76 415 62 79 317 Mov Cap-2 Maneuver - - - - - - 59 76 - 62 79 - Stage 1 - - - - - - 351 369 - 310 336 - Stage 2 - - - - - - 294 328 - 350 368 - Approach EB WB NB SB HCM Control Delay, s/v 0.39 0.02 52.22 206.34 HCM LOS F F Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1 Capacity (veh/h) 83 68 - - 4 - - 81 HCM Lane V/C Ratio 0.079 0.041 - - 0.003 - - 1.05 HCM Control Delay (s/veh) 52.2 10.3 0 - 9.2 0 - 206.3 HCM Lane LOS F B A - A A - F HCM 95th %tile Q(veh) 0.3 0.1 - - 0 - - 5.9 5235 Ronald Reagan Blvd., Suite 200 Johnstown, CO 80534 970.800.3300 •GallowayUS.com Elkhorn Lodge Phase 2 Annexation Neighborhood Meeting Notes Summary_Final.docx Page 1 of 2 12/19/24 - Neighborhood Meeting Summary / Notes Applicant / Developer: East Avenue Development Justin Mabey & Matt Lowder 1001 Cypress Creek Rd. Suite 203 Cedar Park, TX 78613 Phone: (801) 602-0417 matt@eastavenue.com Galloway Consultant Team in Attendance: Brian Horan (Traffic) Brynhildr Halsten (Planning) Daniela Gonzalez (Traffic) Jon Romero (Landscape Architecture / Planning) Community Feeback: 1. Traffic a. Circulation & Safety (Pedestrian, Bicycle and Vehicle) b. Access i. Private through property ii. Options to restrict/manage access to Old Man Mountain Ln and Elm St iii. Construction Traffic iv. Trespassing on adjacent private properties (Pedestrian & Equestrian) v. Connections to Trail network to Rocky Mountain National Park vi. Emergency vehicle restricted access points in quantity and location c. Improvements to existing roadway network d. Parking (Location and amount) 2. Lighting a. Impacts of new development, particularly parking b. Current Town requirements are not modern in approach to “dark sky” 3. Wildlife a. Current migration patterns and areas of concentration b. Limit impacts on existing Wildlife patterns 4. Grading a. Steep slopes on portions of the site 5. Views a. Building height and grades on site are a concern 6. Water a. Does the Town have water to supply this kind of development? 7. Buildings a. Architecture b. Location to minimize impact on adjacent properties c. Height ATTACHMENT 6 Elkhorn Lodge Phase 2 Neighborhood Meeting Summary | Estes Park, CO December 23, 2024 Galloway & Company, Inc.Page 2 of 2 d. Quantity e. Unit Count / Density 8. Land Use a. Impacts of rezoning into Town i. Currently a residential zone in County. If it was developed under current County zoning (1 DU/2.5 acres) could potentially have 17 homes and each could construct an ADU. Could have more impact on the site than “pocket” development of Accommodations. 9. Timing a. When would Phase 2 efforts happen? i. Ways to stay involved and up to date b. Delays in Phase 1 effort Annexation Referral Elkhorn Lodge Phase II Annexation Town Board March 25, 2025 Present Situation –Process 1.Neighborhood Meeting (Dec. 19, 2024) 2.Referral of annexation petition to Town Board (today) •No formal action 3.Substantial Compliance Resolution (future date TBD) •Town Board determines whether the content of the annexation petition substantially complies with the Municipal Annexation Act 4.Eligibility Resolution (30-60 days after #3) •Town Board determines whether the property is eligible for annexation 5.Annexation Ordinance (date TBD after #4) •Town Board may proceed to complete the annexation by adopting an Annexation Ordinance 6.Establishment of Zoning (with #5 or within 90 days) 7.Other Applications (with or after #6) •Planned Unit Development zoning overlay, Development Plan Vicinity Map of Subject Area W. Wonderview Ave Topographic Map Future Land Use Map Zoning Map Possible Range of Development Density Current County Zoning A-1 Zoning A Zoning Primary Units 10-16 residential units 75-125 accommodations units 450 - 750 accommodations units Accessory Units Up to one accessory dwelling (ADU) unit per lot 10-20 units employee housing 65-110 units employee housing Conceptual Site Plan Enlarged Conceptual Site Plan Advantages/ Disadvantages Advantages: •Annexation would allow the Town to control the development of this property as it would be subject to Town requirements, such as ridgeline protection, accommodation density, and wildfire mitigation. •In return for annexation, the Town can require property owners to meet higher development standards or provide additional measures to mitigate development impacts. •The Town would receive tax revenue from the operation of the proposed hotels. •Development could help facilitate a roadway connection between Moraine Avenue and Elkhorn Avenue, which could serve as an important route for emergency access and evacuations. Disadvantages: •The Town will be required to provide municipal services to the property. •Potential negative impacts to quality of life of nearby residents. •Potential additional stress on the housing market. •Town staff will spend significant time on the continued review of development applications and permits for the project. Action Recommended No formal action is required. If desired, Town Board can provide staff and the applicant with direction on the subject request for annexation, including their level of support for the annexation and requested accommodations development and density. It should also be noted that this is the first step in the annexation process, and that there will be additional opportunities for the Town Board to provide more detailed direction. Finance/Resource Impact: All new development has the potential to impact municipal finances and resources. While detailed financial analysis of this or any new development is not typically done, it could be a consideration with an annexation. New development can generate additional sales, lodging, and property tax revenue. Development also has financial costs through the provision of services, capital requirements, and ongoing public works maintenance. It is anticipated with this proposal, as with any new development in Town, that the cost to extend or improve infrastructure (roads, utilities, etc.) would be borne by the developer and not the Town. Ongoing maintenance of public infrastructure would become the responsibility of the Town, as would the provision of other services. Level of Public Interest Public interest in this annexation is anticipated to be high. Elkhorn Lodge Phase 2 Annexation Town of Estes | Estes Park, CO Team C I V I L E N G I N E E R I N G P R O J E C T M A N A G E R Kyle Pollock, PE Jon Romero, PLA S E N I O R C I V I L P R O J E C T M A N A G E R & R E G I O N A L M A N A G E R Rob Van Uffelen, PE T R A N S P O R T A T I O N T E A M M A N A G E R Brian Horan, PE | PTOE L A N D S C A P E A R C H I T E C T U R E / P L A N N I N G T E A M M A N A G E R C O - F O U N D E R & P A R T N E R Justin Mabey D I R E C T O R O F D E V E L O P M E N T Matt Lowder V I C E P R E S I D E N T O F A S S E T M A N A G E M E N T Fred Parker E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N Site Context - History Craig & Gould The Woodlands Castle North Vision A deep commitment to preserving and celebrating the rich history of Estes Park. Vibrant community space that honors the legacy of the Elkhorn Lodge, bringing it back to life with new amenities and restored properties. An approach rooted in creating value for all stakeholders, including the community, through unwavering honesty, loyalty, and trust. Uphold the highest standards to provide exceptional lodging and memorable experiences for families and friends. Create a destination where cherished memories are made, and the community's heritage is preserved. Together, build a place that everyone can be proud of, where the past and present harmoniously blend to create a future filled with joy and pride. Goals 1. Preserve Historical Integrity 2. Revitalize & Restore 3. Community Pride & Preference 4. Environmental Stewardship 5. Walkability & Accessibility 6. Celebrate Local Heritage & Nature 7. Sustainable Tourism Courtesy Estes Park Museum ID# 1986.026.010 E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N Site Context – Location •Located near the Town of Estes. •Approximately 40.1 Acres. •North of Moraine Ave (US 36) and south of W. Elkhorn Ave. •Surrounded by a mix of industrial, accommodation & residential uses Castle Rock Church of Christ SUBJECT PROPERTY (SITE) E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N Site Context - Location •Entire northern property line is adjacent to the Town of Estes boundary. •Adjacent to residential and industrial uses. •Entire northern property line touches Town of Estes boundary. •Approximately 1/4th contiguity with current boundary of Estes Park Castle Rock Church of Christ SITE CHARACTER SUBJECT PROPERTY (SITE) E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N Zoning LARIMER COUNTY ESTES VALLEY ZONE DISTRICT ZONE : RE (RURAL ESTATE) USE : FOR SINGLE FAMILY RESIDENTIAL ZONE: EV RE-1 Rural Estate (County) ZONE: EV RE Rural Estate (County) ZONE: CO Commercial (County) ZONE: EV I-1 Industrial (County) ZONE: EV RE Rural Estate (County) ZONE: E Estate ZONE: CO Commercial Outlying ZONE: RE Rural Estate ZONE: A Accommodations Site •Currently zoned Rural Estate in Larimer County. •Identified as Accommodations in the Future Land Use Map of the Estes Park Comprehensive Plan Site Current Application ANNEXATION GUIDELINES Town Board will determine whether the property is eligible for annexation based on the following MAA requirements: 1. Contiguity, which means that one sixth of the perimeter of the area to be annexed must be contiguous to the existing boundary of the Town; 2. A community of interest exists between the Town and the area to be annexed; 3. The area to be annexed is urban or is urbanizing; 4. The area to be annexed is integrated with or is capable of being integrated with the Town. E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N ANNEXATION APPLICATION INTO THE TOWN OF ESTES AND PUD REZONE E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N 1. Contiguity Total property boundary perimeter length: 5,288’ 1/6th contiguity required: 881’ Total property contiguity: 1,311’ More than one sixth of the perimeter of the area to be annexed is contiguous to the existing boundary of the Town 1,311’ ANNEXATION GUIDELINES Town Board will determine whether the property is eligible for annexation based on the following MAA requirements: 1. Contiguity, which means that one sixth of the perimeter of the area to be annexed must be contiguous to the existing boundary of the Town; 2. A community of interest exists between the Town and the area to be annexed; 3. The area to be annexed is urban or is urbanizing; 4. The area to be annexed is integrated with or is capable of being integrated with the Town. E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N 2. Community Interest RURAL ESTATE •Estes Forward Comprehensive Plan identifies site within the State mandated 3-mile annexation area. •Supports the Comprehensive plans Guiding Principles for a connected community and diversified economy. •Supports the Goals and Actions of the Comprehensive Plan that addresses both Town and County direction. •Through future Annexation Hearings, Zoning and PUD development engagement will be key to process moving forward ANNEXATION GUIDELINES Town Board will determine whether the property is eligible for annexation based on the following MAA requirements: 1. Contiguity, which means that one sixth of the perimeter of the area to be annexed must be contiguous to the existing boundary of the Town; 2. A community of interest exists between the Town and the area to be annexed; 3. The area to be annexed is urban or is urbanizing; 4. The area to be annexed is integrated with or is capable of being integrated with the Town.Site Annexation Process Pre- Application Meeting with Town Neighborhood & Community Meeting December 19th Applicant submits Annexation Petition per Town & Community Feedback Town, Public & Outside Referral Agency Review Town Provides Review Comments & Applicant Submits Revised Package Town Provides Final Review Comments & Applicant Submits Final Package Town Staff Schedules Public Hearing Town Board Town Board Reviews in a Public Hearing & Makes Final Determination Opportunities for Public Input E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N 2. Community Interest E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N 3. Urbanizing Area ANNEXATION GUIDELINES Town Board will determine whether the property is eligible for annexation based on the following MAA requirements: 1. Contiguity, which means that one sixth of the perimeter of the area to be annexed must be contiguous to the existing boundary of the Town; 2. A community of interest exists between the Town and the area to be annexed; 3. The area to be annexed is urban or is urbanizing; 4. The area to be annexed is integrated with or is capable of being integrated with the Town. Site •Comprehensive Plan specifically looks address 20 year growth projections for urban level densities to identify (Goal BE1.G) Water / Sewer / Urban Fire Service / Multi-modal Connectivity •Close proximity Downtown (less then 1 mile) •Adjacency to existing commercial land uses •Supportive of the Comprehensive Plan goals for appropriate and compatible land use transitions (Goal BE3.2) Downtown E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N 4. Integration Capability ANNEXATION GUIDELINES Town Board will determine whether the property is eligible for annexation based on the following MAA requirements: 1. Contiguity, which means that one sixth of the perimeter of the area to be annexed must be contiguous to the existing boundary of the Town; 2. A community of interest exists between the Town and the area to be annexed; 3. The area to be annexed is urban or is urbanizing; 4. The area to be annexed is integrated with or is capable of being integrated with the Town. •Preliminary discussions with Town indicates appropriate capacity for utilities, connectivity and access provisions •Existing 12” waterline and associated easement on site •Access provisions at Elm Road, Juniper Lane and from adjacent site off Elkhorn Ave •Fire and Police indicate capacity E L K H O R N L O D G E P H A S E 2 A N N E X A T I O N Annexation Application Development could help facilitate a roadway connection between Moraine Avenue and Elkhorn Avenue, which could serve as an important route for emergency access and evacuations. Creates additional infrastructure connectivity and redundancy. The Town would receive tax revenue from the operation of the proposed hotels. In return for annexation, the Town can require property owners to meet site specific development standards or provide additional measures to mitigate development impacts. Annexation would allow greater flexibility for the Town to direct development of this property as it would be subject to Town requirements, such as ridgeline protection, accommodation density, and wildfire mitigation. East Avenue –Elkhorn Lodge Phase 2 Annexation Town of Estes | Estes Park, CO QUESTIONS ? THANK YOU Town Clerk <townclerk@estes.org> Elkhorn Lodge Phase II 1 message Frederic Barber <fredbarber@alum.mit.edu>Thu, Mar 20, 2025 at 8:13 AM To: "ghall@estes.org" <ghall@estes.org>, "mcenac@estes.org" <mcenac@estes.org>, "bbrown@estes.org" <bbrown@estes.org>, "khazelton@estes.org" <khazelton@estes.org>, "migel@estes.org" <migel@estes.org>, "franklancaster@estes.org" <franklancaster@estes.org>, "cyounglund@estes.org" <cyounglund@estes.org> Cc: "tmachalek@estes.org" <tmachalek@estes.org>, "planning@estes.org" <planning@estes.org>, "townclerk@estes.org" <townclerk@estes.org> I am writing with comments on the Elkhorn Lodge Phase II project, including the proposed annexation of the parcel by the Town, its rezoning and the development proposal itself. While the annexation, rezoning and project approval are technically three separate processes under the law, they are intimately linked in practical terms. The annexation should not proceed without the expectation that the rezoning will be approved and that the project will be approved in substantially the proposed form. Any lesser expectation is unfair to the applicant, the Town and the citizens of both the Town and County. Approval of the annexation and rezoning would place extreme pressure on Town staff, boards and Trustees involved in subsequent evaluations to approve the project regardless of its merit under the Comprehensive Plan and Development Code despite the good intentions of all involved. While the details of the proposed annexation and rezoning are clear, there is not yet enough detail regarding the project itself to allow its evaluation. The public review process with regard to the project itself is not intended to prohibit development in strict compliance with the Development Code, but is intended to give the public visibility to potential non-compliances and project elements subject to extraordinary approvals and certain judgments. The requirement for approval by the boards and Trustees act in support of public review, allowing for review and comment by the public at large followed by consideration by the appointed and elected representatives. Absent the information needed to allow such public review, annexation and rezoning carry too much risk and should be either deferred or denied. It is understandable that the applicant is reluctant to make too great an investment in detailed planning without preliminary assurance that the project is likely to be approvable in some economically viable form. Nevertheless, fairness and an orderly process require that additional detail regarding certain aspects of the project be made available in support of public review. I would highlight three items: First, the submitted Traffic Impact Study uses questionable methods and fails to address several significant aspects of the project. It generally describes only intersection capacity at the entry/egress points on both West Elkhorn and Moraine, making no comment on the capacity of the roads themselves. The Study relies on traffic measurements made in December (!) of last year and applies a seasonal scale factor of 2.5 (!) to some, but not all, of the measurements to estimate worst case. I am hard pressed to believe that anyone would 3/24/25, 8:14 AM Town of Estes Park Mail - Elkhorn Lodge Phase II https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permthid=thread-f:1827122695499281998&simpl=msg-f:1827122695499281998 1/3 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 find a factor of 2.5 to adequately represent the peak season traffic on Moraine Ave in comparison to December traffic. Moreover, the Study does not apply any seasonal adjustment to turning traffic on Elm, contending that the industrial and commercial nature of the abutters represents a consistent level of utilization throughout the year. This is clearly a preposterous assertion given that a substantial fraction of the traffic is generated by the transfer station and recycling facility, both of which are highly dependent on seasonal variations in both local population and visitation. Based on claims that the intersections in question offer adequate performance under the projected load, despite citing marginal actual grades (E and F) under current conditions, it makes no recommendations as to intersection reconfiguration (addition of turn lanes or roundabouts, for example) or traffic control modifications (replacement of stop signs by signals that will likely be required based on projected volumes. Commendably, it recommends reassessment of the situation once the Elkhorn Lodge Phase I is completed, but a call for reassessment cannot really make up for deficiencies at this point in the planning and approval process. Even more importantly, despite the Town’s insistence that a road be put through the development to connect West Elkhorn and (via Elm Rd) Moraine, the TIS does not account for any through traffic – only that associated with the development itself. Some residents predict that this “bypass” could be very attractive to residents of the West Elkhorn/Wonderview/Fall River corridor wishing to access businesses on Moraine without transiting the highly congested Elkhorn/Moraine intersection. This is, after all, why the Town wants the road built in the first place, isn’t it? The staff report mentions this bypass but fails to note its significance with regard to the validity of the TIS. This omission must be corrected. Second, the parcel includes a significant area identified in the Development Code as protected ridgeline, subject to specific design constraints related to visibility of structures above the crest of the ridge. The two large hotel buildings appear to be located within the protected ridgeline and must be assessed for compliance with the Code. The compliance criteria are somewhat subjective, but compliance cannot be assessed without, as a minimum, elevation renderings of the proposed structures in the ridgeline area, potentially from different vantage points, and possibly even renderings inserted in photographs of the site. While the staff report identifies the presence of the protected ridgeline as an issue, its comments are insubstantial and do not address compliance criteria or the potential difficulty of meeting them given the proposed location of the two large hotel buildings. Third, and perhaps most important, the rezoning request and preliminary development proposal are strikingly inconsistent with the new Comprehensive Plan. In particular, as detailed in the staff report, the Comp Plan recommends use of the parcel for “rustic lodges, resorts, and cabins that are developed… at a lower density and intensity than urban hotel or motel-style lodging”, corresponding to A-1 under the Development Code. The two large hotel buildings would appear to be wholly inconsistent in size and character with this description and, especially in such a prominent location, would be an eyesore and a blight on the area. (The annexation application refers to the development as “a year-round resort campus that embodies the rustic charm and historic appeal of the area” with “two 110-room upscale hotels that complement the historical aesthetic, providing luxury accommodations in harmony with the natural environment” with no further substantiation.) Traffic, prominence of the structures and general compatibility of the facility with the site are likely to be the most controversial aspects of this project. (Wildlife impact would likely be another.) Presenting sufficient relevant data on 3/24/25, 8:14 AM Town of Estes Park Mail - Elkhorn Lodge Phase II https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permthid=thread-f:1827122695499281998&simpl=msg-f:1827122695499281998 2/3 these subjects prior to any approvals is critical to gaining public acceptance of the project and ensuring that government approval at the earliest stages takes into account all relevant community input. I would strongly recommend that the annexation and rezoning proposals not be approved (that is, be deferred or denied) unless additional detail is made available in support of review by the boards, Trustees and public. Sincerely, Fred Barber 2190 Devils Gulch Rd 3/24/25, 8:14 AM Town of Estes Park Mail - Elkhorn Lodge Phase II https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permthid=thread-f:1827122695499281998&simpl=msg-f:1827122695499281998 3/3 Town Clerk <townclerk@estes.org> Elkhorn Lodge Phase II development Jim Fisherkeller <jim.fisherkeller@att.net>Thu, Mar 20, 2025 at 9:10 AM To: "townclerk@estes.org" <townclerk@estes.org>, "phornbeck@estes.org" <phornbeck@estes.org> Dear Mayor Hall, Trustee Board, Cenac, Hazelton, Igle, Lancaster, and Younglund, I am writing to strongly oppose the proposed annexation for the Elkhorn Lodge Phase II Development. There are several critical concerns that must be addressed before any decision is made. 1.Public Safety: The annexation poses serious risks to public safety. With the recent dismissal of multiple fire inspectors, concerns about fire safety are heightened. The steep slopes and large-scale properties in the proposed development will exacerbate the already significant risk of wildfires, while also reducing accessibility for emergency responders. Furthermore, this development will likely increase fire risks for current residents and result in skyrocketing property insurance costs for them. 2.Child Care and Workforce Housing Shortages: Estes Park is already grappling with severe shortages in child care and workforce housing, with long waitlists in both areas. This development will only further strain these services, making it even more difficult for local families to find adequate care for their children and housing options for workers. 3.Impact on Wildlife and Tourism: Estes Park’s economy heavily relies on wildlife tourism, particularly during the peak season. The proposed development’s proximity to Old Man Mountain and its potential impact on wildlife habitat poses a direct threat to the region’s primary tourist draw. Diminishing wildlife populations will directly harm the local economy, which depends on visitors coming to see the animals in their natural habitats. The loss of this core attraction will affect local businesses, including shops and restaurants, and diminish the unique charm of Estes Park. 4.Environmental and Economic Studies: Before proceeding with any vote, it is imperative that comprehensive environmental and economic studies be conducted. These studies should address the potential impact on wildlife, infrastructure, housing, schools, traffic, and the local economy, including the effect on existing hotels and vacation rentals. Without these studies, we are unable to fully understand the long-term consequences this development could have on our community. For these reasons, I strongly urge the denial of the Elkhorn Lodge Phase II annexation. Estes Park’s well-being, both in terms of public safety and its long-standing values, must take precedence over short-term gains for seasonal residents. Sincerely, Jim Fisherkeller 249 Old Man Mountain Lane 3/24/25, 8:16 AM Town of Estes Park Mail - Elkhorn Lodge Phase II development https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827126319154734539&simpl=msg-f:1827126319154734539 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> Elkhorn Lodge Phase II development Jim Fisherkeller <jim.fisherkeller@att.net>Thu, Mar 20, 2025 at 9:11 AM To: "townclerk@estes.org" <townclerk@estes.org>, "phornbeck@estes.org" <phornbeck@estes.org> Dear Mayor Hall, Trustee Board, Cenac, Hazelton, Igle, Lancaster, and Younglund, I am writing to express my strong opposition to the proposed annexation. As a resident of Old Man Mountain Lane, I have several significant concerns that have remained unaddressed since the start of phase one and are only becoming more pressing as phase two moves forward. First and foremost, there has been a lack of transparency throughout this process. During phase one, we were assured there would be no access to Old Ranger Drive, yet a road was built that allows for both right-hand and left-hand turns onto Old Ranger Drive. The reason given for this was fire codes. Now, with phase two, we are told that a fence will be placed to allow only emergency vehicles to access the road—but now that plan is being reconsidered. It is difficult to believe anything we are told when the situation continues to change without clear communication. Second, the issue of funding is a serious concern. We have witnessed multiple contractors being employed due to cash flow issues and insufficient funding. How can we trust that this will not happen again when it has been an ongoing problem? For the past four years, the entrance to Elkhorn Estates has been an eyesore, and it could be at least two more years before improvements are made. This ongoing neglect has directly affected property values in the area. Furthermore, the current infrastructure, especially the roads, is in dire condition. Last year, the town replaced the 60-year- old sewer lines on Old Man Mountain Lane, but the water lines were also noted to be corroded and in need of replacement. However, this was never accounted for in the budget. How can we believe that annexation will not further degrade our water lines, necessitating expensive replacements? Additionally, the roads remain patched and unrepaired, which continues to impact the quality of life in our community. We are being asked to trust that annexation will somehow improve these conditions, but the lack of action to date makes it difficult to believe such promises. For all these reasons, I strongly oppose the annexation. The continued lack of transparency, mismanagement of funds, and deterioration of infrastructure are unacceptable, and it is clear that we need a more accountable and transparent approach to address these issues. Sincerely, Jim Fisherkeller 249 Old Man Mountain Lane 3/24/25, 8:17 AM Town of Estes Park Mail - Elkhorn Lodge Phase II development https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827126340894908070&simpl=msg-f:1827126340894908070 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> Elkhorn Lodge Phase 2 Joe Hladick <joehladick@gmail.com>Fri, Mar 21, 2025 at 3:14 PM To: townclerk@estes.org Cc: garyhall@estes.org, planning@estes.org I am opposed to the town annexing the property for development of Phase two of the Elkhorn Lodge remodel and expansion project for the following reasons: 1.The remodel and construction at the Original Elkhorn Lodge is not yet complete and that should be proven economically healthy for the Lodging business first. Its common knowledge that the current Lodging in town has never come to full capacity during peak season, and the revenues have increased from higher taxes on Lodging but the actual occupancy has decreased in trend for the existing establishments......So what existing hotel will go first with the added rooms in competition. 2.The draw for more people has not significantly increased to warrant yet another new hotel above the existing Elkhorn Lodge thats not open. So why should the town annex the county property to accommodate another hotel? What's in it for the community? How will it improve the quality of life? reduce the burden of taxes on the community - Jobs? Certainly it does not match the Code allowed development of exisiting single family dwellings. 3.From the sounds of it there is a road over the top in the offering.... I don't think the cost and convenience of this road warrant the negative impact on the community in up keep cross traffic in a light industrial area along side the residential area adjacent to the transfer station. 4.Lastly the greatest cause of demize to the wild life that live in the area is Loss Of Habitat... The proposed area holds a proportionate number of Elk and Deer that migrate through given the chance. They are a major resource that draw tourists that cost the town nothing in upkeep, revenue and management. 5.The town needs to enforce the development code and consider the long term effects of their decision . There are 10 people for every letter received that feel the same way about the community. People are observant, and watching. Consider the "dark" lighting code the town adopted and go look at areas around town that have "day lights" on, and night lights that look like construction zone. I am opposed to the building of this development, and do not want the town to annex this property to benefit the construction of this hotel by this Corporation. -Thank-you- Joe Hladick 1081 Marys Lake Estes Park Colorado 80517 970-217-2225 3/24/25, 8:17 AM Town of Estes Park Mail - Elkhorn Lodge Phase 2 https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827239798653922922&simpl=msg-f:1827239798653922922 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> 1st step of Elkhorn Phase II approvals Mike Hesher <mikehesher@yahoo.com>Sat, Mar 22, 2025 at 4:00 AM To: "townclerk@estes.org" <townclerk@estes.org> Cc: "phornbeck@estes.org" <phornbeck@estes.org> Dear Mayor Hall: Trustees Brown, Cenac, Hazleton, Igle, Lancaster, Younglund. I am submitting this email as a response to the proposed Elkhorn Phase II annexation. As a current property owner of 270 Elm Road in Estes Park, I'm firmly against this proposed annexation. I'll take a slightly different approach to my stance against the annexation. Growing up in Central Kansas, my aunt and uncle discovered the property in the last 60's while looking for a place in Colorado. They thought it had the best view of Longs Peak. After their purchase, they along with my family built a cabin on the property. As a youngster, I spend many of summers, the 70's into the early 80's, in Estes Park, walking to Tiny Town to play mini-golf, taking day trips through RMNP and enjoing the calmness of the Estes Valley. Throughout the years, the property has transferred amongst family members. With the death of my mother in 2021, the property was purchased from the family trust by my brother and me. I was fortunate enough to move to Estes Park in 2014, gain employment at the YMCA of the Rockies until COVID and decisions made by the administration of the Y, drove me back to Kansas. The main point of this is that a family friend pointed out to me that while Estes Park is bustling during the peak season, the property and surrounding properties are still a place that is quiet, void of a lot of traffic, abundant wildlife passes through and beds down for the evening Our water well has been steady since we made improvements to the well. This area would be greatly affected by the annexation and take away the beauty and calmness that I have grown to appreciate over the years. Thank you for your time. Mike Hesher 450 West 5th Hoisington, Kansas 3/24/25, 8:17 AM Town of Estes Park Mail - 1st step of Elkhorn Phase II approvals https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827288008875966159&simpl=msg-f:1827288008875966159 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 To Estes Park Board of Trustees As a local business owner and resident of Estes Park for the past 10 years, I wholeheartedly support Expedition Lodge's plans to annex and develop the 40-acre property adjacent to the Historic Elkhorn Lodge. Throughout my decade living here, Elkhorn has remained an empty relic, a shadow of its former self, devolving into nothing more than a parking lot for parade floats, and I am grateful that Expedition Lodge is stepping up to breathe new life into this significant piece of our history. I want to emphasize that Expedition Lodge represents the finest example of responsible outside investment I've witnessed in Estes Park. Their leadership team has made extraordinary efforts to engage with local business owners, actively seeking out our feedback and regularly communicating with us to understand community concerns and provide partnership opportunities. As someone who has historically been skeptical of outside capital investments, I am impressed and encouraged by their genuine dedication to doing things right and supporting the local community. Furthermore, Expedition Lodge's responsiveness to my personal concerns about the development is commendable. Not only did their upper management actively listen, but they also followed up by implementing tangible actions based on my feedback, specifically giving me details on preserving the original cabins and steps they are taking to keep the original elk mounts intact. This type of genuine community partnership is exactly what Estes Park needs as outside capital inevitably comes into our town. I fully support Expedition Lodge's vision for the annexation and development of this property and strongly urge our Town Board to do the same. Sincerely, Kevin Benes Running Wild Events Founder Kevin@Runningwildevents.com PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> comment for Tuesday's Trustee meeting Rebecca Urquhart <rebecca.l.urquhart@gmail.com>Sat, Mar 22, 2025 at 10:07 AM To: Town Clerk <townclerk@estes.org> The Board of the Estes Valley Residents' Association opposes approval of the proposed annexation and/or the rezoning of the Elkhorn Lodge II parcel until such time as the proposed development plans are adequately completed.The current information provided by the owner inadequately addresses traffic plans and impact, including consideration of a through route from Elkhorn to Moraine, ridgeline protections, environmental and other impacts of the proposed density and use, and to annex and rezone without consideration of these factors would be premature. Board of Estes Valley Residents' Association 3/24/25, 8:19 AM Town of Estes Park Mail - comment for Tuesday's Trustee meeting https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827311096806556430&simpl=msg-f:1827311096806556430 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> I oppose annexation of the Elkhorn Lodge Keith .L. <keith.lober@gmail.com>Sun, Mar 23, 2025 at 10:02 AM To: townclerk@estes.org Cc: planning@estes.org March 23, 2025 Dear Mayor Hall, Trustee Board, Cenac, Hazelton, Igle, Lancaster, and Younglund, I strongly oppose the proposed annexation for the Elkhorn Lodge Phase II Development. I have several significant concerns that include but are not limited to resident quality of life, Wildlife impacts, Traffic, Fire hazard, Utility infrastructure and the enormous scale deemed inappropriate to the well being of Estes Park residents. Sincerely, Keith Lober 1230 middle Broadview Rd. Keith Lober IronAscent Solutions LLC (C) 530-721-2958 3/24/25, 8:20 AM Town of Estes Park Mail - I oppose annexation of the Elkhorn Lodge https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827401388603170114&simpl=msg-f:1827401388603170114 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> Elkhorn phase 2 development Aaron Walters <riggingfx@hotmail.com>Sun, Mar 23, 2025 at 10:35 AM To: "townclerk@estes.org" <townclerk@estes.org> To the Mayor and Trustees of Estes Park, As a 50-year resident of the Estes Park valley, I vehemently oppose the Elkhorn phase 2 development. I have observed the unrelenng destrucon of the wildlife habitat and the serenity of this once idyllic mountain community over those years. It is truly heart breaking. Although I understand that development is going to happen because of the pressures of populaon growth and outdoor recreaon, I feel this project is a bridge too far. There are opons that beer serve those of us who live here. We do not need such an invasive project for the many reasons that others who oppose this have already eloquently noted and expressed. Please do not approve the annexaon, zoning changes and PUD. Sincerely, Aaron Walters 1270 Range View Road Estes Park, Colorado 3/24/25, 8:20 AM Town of Estes Park Mail - Elkhorn phase 2 development https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827403474380212907&simpl=msg-f:1827403474380212907 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 Town Clerk <townclerk@estes.org> Annexation of Elkhorn Lodge property Carly Lober <clober@sbcglobal.net>Sun, Mar 23, 2025 at 4:27 PM To: townclerk@estes.org Cc: planning@estes.org Dear Mayor Hall, Trustees Board - Cenac,Hazelton, Igle, Lancaster and Younglund I STRONGLY OPPOSE the proposed annexation for the Elkhorn Lodge Phase II ! The enormous scale of this possible development is inappropriate for the size of Estes Park and the quality of life for it’s residents. There are so many negative aspects to this possible development; traffic , no Housing for employees, impact on wildlife, the adjoining residential neighborhoods, fire hazards and possible fire evacuations, cost of roads, and utilities. Please do not vote to annex this property to the Town of Estes Park . Thank you, Carly Lober 1230 Middle Broadview Rd Estes Park Sent from my iPhone 3/24/25, 8:20 AM Town of Estes Park Mail - Annexation of Elkhorn Lodge property https://mail.google.com/mail/u/2/?ik=54517dd595&view=pt&search=all&permmsgid=msg-f:1827425630572110029&simpl=msg-f:1827425630572110029 1/1 PUBLIC COMMENT RECEIVED BY 8:30 A.M. 2025-03-24 March 23, 2025 To: Mayor Hall, Trustees Brown, Cenac, Hazleton, Igle, Lancaster, Younlund and Town Administrator Machalek. My name is Bill Brown. I reside at 340 Elm Road and am the owner of said residence. I am writing this letter to hereby protest the proposed development known as Elkhorn Lodge Phase #2, East Avenue Development. Cypress Creek Rd., Cedar Park, Texas. Following are several concerns and problems I see with the East Avenue Development. The transparency of the proposed development has not been made clear. This development will have a negative impact on my quality of life, of my neighborhood, my community, town of Estes Park, Rocky Mountain National Park, and the state of Colorado. The town would be required to provide municipal services to the property and the neighborhood access, drainage plans/flood mitigation, and wildfire protection. 125 room hotel 125 room hotel 10 sites cabins "Campground/recreational vehicle park" 65 sites tree houses "Campground/recreational vehicle park" Wilt this upscale development increase my property tax burden? Please see the attached pages that reference the Galloway Neighborhood Meeting Summary notes submitted publicly on 12/19/24, and the Galloway Traffic Impact Study Elkhorn Lodge Phase #2 Estes Park CO 1/10/25, (TSI). I have the following questions/statements: 1. Traffic. There were several questions that were not answered with any clarity including the following: Safety Road and access trails Trespassing Emergency points Improvements to existing roadway network 2. Lighting. No answers were given to questions regarding lighting 3. Wildlife. No answers were given to questions. Is there an updated Wildlife Study? 4. Grading. No answers were given. Mountainous terrain exceeds "(15)" degrees! 5. Views. Will there be any ridgeline protection? 6. Water. Will the water and wastewater lines be extended to help the neighborhoods adjacent to the planned development? Specifically, will there exist service for emergencies? PUBLIC COMMENT RECEIVED BY 5:00 P.M. 2025-03-24 7. Buildings. No answers were given with clarity specifically regarding the following: Quantity Unit count Density I want to have a definition of: -10 sites cabins "Campground/recreational vehicle park" - 65 sites tree houses "Campground/recreational vehicle park" 8. Land Use. What will be the impact of rezoning into the Town of Estes Park? Current county zoning would take a 40-acre parcel and consider ridgeline protection, mountainous terrain, road safety, (1 DU/2.5 acres), trail to Rocky Mountain National Park and utility corridors may come up to 13 tots. 13 residential units now, 325+ Accommodations (Low/Density Accommodations). I believe 325+ units could have more impact on this site than 13 residential homes. There is no mention of worker housing for this project. What would be a living wage for this upscale complex? Is this helping Estes Park or adding to the current housing problem? This 40- acre parcel borders on three (3) sides by single family residential zoning, and one side industrial zoning. Three sides county zoning and one side Town of Estes Park zoning. Do we want a Mixed Zoning Accommodation in the middle of a Single Family Residential and county Industrial zoning? Does this become "IslancTzoning? Would this zoning change be in compliance with the zoning plan for the future of the town of Estes Park and outlying area of Larimer County? Is this a good example of what is to come? 13 residential units now, 380 Accommodation units in March of 20257 In addition to the above, I am very concerned about the safety of Elm Road. This will add to a great deal of traffic with more cars and trucks speeding on the road. Other issues for Elm Road include the grade, drainage, maintenance, and the intersection with highway #36 (Moraine Ave). At the 12/19/24 Neighborhood Meeting representatives from Galloway stated, "Old Man Mountain Ln and Elm Road will be used for emergency only". There are other alternatives for access. Sincerely, i^/. ^\.,'^/' ..['i^^-'L Bill Brown 340 Elm Road EstesPark,CO 90517 Billbrown220@outlook.com Galloway TRAFFIC IMPACT STUDY ELKHORN LODGE PHASE 2 Estes Park, CO PREPARED FOR: East Avenue Development, LLC. PREPARED BY: Brian Horan, PE, PTOE Daniela Gonzalez Cooper Riddell-Brosig Galloway & Company, Inc. 5500 Greenwood Plaza Blvd, Suite 200 Greenwood Village, CO 80111 DATE: January 10,2025 Elkhorn Lodge Phase 2 Estes Park, CO Executive Summary Site Location and Stydy^Area The property that comprises the application area for the proposed development is approximately 40.8 acres in size and is identified as Larimer County Parcel Number 3526100001. It is located north of Moraine Ave, west of Elkhorn Ave, south of Old Ranger Dr, and east of Elm Rd, in Estes Park, CO. It is zonecLRyrigl Estate (EV RE) and is currently vacant. The study area for the project includes intersections that could be affected by the proposed development: • Elkhorn Ave & Fllbey Ct • Moraine Ave & Elm Rd Description of Proposed Development The Applicant, East Avenue Development, seeks to develop the property with lodging/recreational uses. The preliminary concept plans specifically contemplate two hotel uses, restored historic cabins, and guest tree houses. The intent of this development is to occur as Phase 2 of the Elkhorn Lodge expansion project. Phase 1 of the Elkhorn Lodge expansion project is supported by a Traffic Impact Study (TIS) prepared by ^ ) Delich Associates dated December 2019. Itjsjbe intent that the development of Phase 2 would follQwthg completion of Phase 1. Site access for the Elkhorn Lodge Phase 2 development is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Conclusions and Recommendations Conclusions Based on the results of this traffic impact study, the following may be concluded: • Under existing traffic conditions, the intersection movements within the study area currently operate at acceptable levels of service (LOS) "D" or better during the weekday AM/PM, and Saturday ( -y) midday peak hours with the exception of the northbound approach at the Moraine Ave & Elm Rd intersection which operates at LOS "F" (v/c 0.625) during the Saturday midday peak hour. All queues remain within their respective storage lengths. • Under background future 2030 conditions, without development of the subject site, the movements for the unsignalized intersections in the study area are forecasted to operate generally consistent with existing conditions. All queues would remain within their respective storage lengths. • Under background future 2046 traffic conditions, without the development of the subject site, delays would increase slightly at study intersections due to regional traffic growth. The intersection movements are forecasted to operate at acceptable LOS "D" or better during the weekday AM/PM and Saturday midday peak hours with the following exceptions at the Moraine Ave & Elm Rd intersection: o LOS "E" (v/c 0.324) for the southbound approach in the weekday PM peak hour Galloway & Company, Inc. Elkhorn Lodge Phase 2 Estes Park, CO Executive Summary Site Location and Study Area The property that comprises the application area for the proposed development Is approximately 40.8 acres in size and is identified as Larimer County Parcel Number 3526100001. It is located north of Moraine Ave, west of Elkhorn Ave, south of Old Ranger Dr, and east of Elm Rd, in Estes Park, CO. It is zoned RJJT§I Estate (EV RE) and is currently vacant. The study area for the project includes intersections that could be affected by the proposed development: • Elkhorn Ave & Filbey Ct • Moraine Ave & Elm Rd Description of Proposed Development The Applicant, East Avenue Development, seeks to develop the property with lodging/recreational uses. The preliminary concept plans specifically contemplate two hotel uses, restored historic cabins, and guest tree houses. The intent of this development is to occur as Phase 2 of the Elkhorn Lodge expansion project. Phase 1 of the Elkhorn Lodge expansion project is supported by a Traffic Impact Study (TIS) prepared by ^ ) Delich Associates dated December 2019. Hjsjjtie.jntent that the deyelppment of Phase 2 wpuld.foJlQW.the completion of Phase 1. Site access for the Elkhorn Lodge Phase 2 development is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Conclusions and Recommendations Conclusions Based on the results of this traffic impact study, the following may be concluded: • Under existing traffic conditions, the intersection movements within the study area currently operate at acceptable levels of service (LOS) "D" or better during the weekday AM/PM, and Saturday midday peak hours with the exception of the northbound approach at the Moraine Ave & Elm Rd intersection which operates at LOS "F" (v/c 0.625) during the Saturday midday peak hour. All queues remain within their respective storage lengths. • Under background future 2030 conditions, without development of the subject site, the movements for the unsignalized intersections in the study area are forecasted to operate generally consistent with existing conditions. All queues would remain within their respective storage lengths. • Under background future 2046 traffic conditions, without the development of the subject site, delays would increase slightly at study intersections due to regional traffic growth. The intersection movements are forecasted to operate at acceptable LOS "D" or better during the weekday AM/PM and Saturday midday peak hours with the following exceptions at the Moraine Ave & Elm Rd intersection: o LOS "E" (v/c 0.324) for the southbound approach in the weekday PM peak hour Galloway & Company, Inc. Elkhorn Lodge Phase 2 Estes Park, CO o LOS "F" (v/c 0.927) for the southbound approach in the Saturday midday peak hour (consistent with existing conditions) o LOS "E" (v/c .075) for the northbound approach in the Saturday midday peak hour All queues would remain within their respective storage lengths. • The proposed site development would generate, upon completion and full occupancy, 126 new weekday AM, 151 new weekday PM, and 204 new Saturday midday peak hour vehicle trips as well as 2,208 new weekday daily trips and 2,258 new Saturday daily trips. • Under total future 2030 and 2046 traffic conditions with development of the site, the intersections within the study area would operate generally consistent with background conditions. Overall delays would experience a minor increase due to site trips. All queues would remain within their respective storage lengths. Recommendations • It is recommended that the Applicant provide access consistent with the site plan contained herein. • Due to the unique nature of the Elkhorn Lodge Phase 1 and Phase 2 location and proposed uses, ITE likely overestimates the forecasts of trip generation for these uses. Therefore, it is recommended that traffic counts be collected upon build out and occupancy of Elkhorn Lodge Phase 1 at the Etkhorn Ave access and an updated analysis provided to identify any necessary improvements. Galloway & Company, Inc. Elkhorn Lodge Phase 2 Estes Park, CO I. Introduction Overview This report presents the results of a Traffic Impact Study (TIS) conducted in support of a proposed annexation application and subsequent development of lodging/recreational uses in Estes Park, CO. Currently the site is vacant. Per the requirements of the Town of Estes Park and Larimer County, a Transportation Impact Study is required to support the proposed annexation and development. Site Location and Study Area The property that comprises the application area for the proposed development is approximately 40.8 acres in size and is identified as Larimer County Parcel Number 3526100001. It is located north of Moraine Ave, west of Elkhorn Ave, south of Old Ranger Dr, and east of Elm Rd in Estes Park, CO. It is zoned Rural Estate (EV RE) and is currently vacant. Site access is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. The Applicant, East Avenue Development, seeks to develop the property with lodging/recreational uses. Preliminary concept plans specifically contemplate two hotel uses, historic cabins, and guest tree houses. The intent of this development is to occur as Phase 2 of the Elkhorn Lodge expansion project. Phase 1 of the Elkhorn Lodge expansion project is supported by a Traffic Impact Study (TIS) prepared by Delich Associates dated December 2019. It is the intent that the development of Phase 2 would follow the completion of Phase 1. A reduction of the Applicant's proposed conceptual site plan is provided in Figure 1-2. A fult-size copy of the plan is provided in Appendix A. Tasks undertaken during this study included the following: 1. Reviewed the Applicant's proposed development plans and other background data. '5 ) 2. Conducted a field reconnaissance of existing roadway and intersection geometries, traffic controls, and speed limits. 3. Collected weekday AM/PM and Saturday midday (SAT) peak hour turning movement counts at the key intersections. 4. Analyzed existing levels of sen/ice at each of the key study intersections based on the methodologies set forth in the Highway Capacity Guidelines (HCM) 7th Edition and reports generated by Synchro as reported by Synchro version 12. 5. Forecasted background future traffic volumes based on baseline traffic counts, Elkhorn Lodge Phase 1 site trips, and regional traffic growth for 2030 (build-out) and 2046 (long-range) conditions. 6. Calculated background levels of service at each of the key study intersections for the projected build- out years based on background future traffic forecasts, and the existing lane use and traffic controls. ^ Galloway & Company, Inc. Elkhorn Lodge Phase 2 Estes Park, CO 7. Estimated the number of weekday AM/ PM, and SAT peak hour trips that would be generated by the proposed use based on the Institute of Transportation Engineers (ITE) Trip Generation 11U1 Edition rates/equalions and methodologies. 8. Prepared weekday AM/PM, and SAT peak hour total future traffic forecasts based on background traffic forecasts plus site traffic assignments for the 2030 (build-out), as well as 2046 (long-range) conditions. 9. Calculated total future levels of service for each of the key study intersections based on projected total future traffic forecasts and existing traffic controls and intersection geometries. 10. Identified roadway improvements required to accommodate future traffic volumes, as necessary. Sources of data for this analysis included the Institute of Transportation Engineers (ITE) Trip Generation, 11th edition, the Highway Capacity Guidelines HCM 7th, Synchro 12, East Avenue Development, Town of Estes Park, Colorado, Larimer County, CDOT, and the files/library of Galloway. Site Description and Access Proposed Site Access Access to the site is proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Existing Zoning The subject site is currently zoned Rural Estate (EV RE) and is currently vacant. Figure 1-3 depicts the existing zoning associated with the subject property, as well as neighboring properties as shown on the Larimer County zoning map. Nearby Uses The properties surrounding the subject site are generally developed with residential uses to the north, and residential/industrial uses to the west and south. Conformance with Comprehensive Plan In accordance with the Future Land Use Map in the Town of Estes Park Comprehensive Plan, Estes Forward (the Plan), completed 2022, the subject site is planned for Accommodations. Per the Plan, "The Low-Density Accommodations category is intended for uses such as rustic lodges, resorts, and cabins that are developed in rural areas at a lower density and intensity than urban hotel or motet-style lodging. The proposed uses are in conformance with the Plan. Galloway & Company, Inc. J ^TTkr^L/v^ BteP^[ \4- Z^^i Y^ ^ /vt&r Couirct->ESTES VALLEY ZbNE DISTRICTS — EVA, ACCOMMODATIONS — EVA-1, ACCOMMODATIONS EV 0, OFFICE — EV CO, COMMERCIAL OUTLYING EV 1-1, RESTRICTED INDUSTRIAL EV RE-1, RURAL ESTATE EV RE, RURAL ESTATE EV E-l, ESTATE EV E-1S, ESTATE SHORT-TERM RENTAL EV E, ESTATE EV R, RESIDENTIAL EV RM, MULTI-FAMILY ?yva- FIGURE 1-3 EXISTING ZONING ELKHORN LODGE PHASE 2 ESTES PARK, CO T\\\^ map .2/lw".s \J)R\m^ a^LWTY. Es+es l/-a-11 e/ Zcs^e C^^cfs ^p+- c(<s<s5 no"tA 5koL^ T^j-'oA o-p E'ste-5 'fsrk Z^^^^t^cts Y£S,t^5 (^Jocxld be /^'A/<£<=/1 •-'*. '. '-: •i/;'\ '.' :irt;* ' r-':- ~-t^ - ••_: ,- "y^ •; vr w^ ;;; ,',;'L1'.' ^.in ~^ 1W^NfB'^-::^ ?!?^'; •^^•-^,l^^;',:^;.? •-.<te>.-,.' • .< ^y1-^ y^^^.K?^ '» •':• • ^w-.-,.-^^. -•r<j ^.,1^: ^i\'!-'/: 16 -•'/iv\ i:y, •;., . '•••'..s ••; ^•^ .-:^j%i7.^1' -^•^^:.-s '.'^,:'.ri '^; ;\^•iS%^-A;T!2r"'-: ^ .-, :t ,f .".^ •rt.' •* ^.,1.:^^ Rlkhorn Lodge Phase 2 Estes Park, CO III. Analysis of Existing Conditions Traffic Volumes Weekday AM and PM peak hour traffic volumes counts were conducted on Thursday December 5, 2024, from 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM and Saturday midday peak hour traffic volume counts were conducted on Saturday December 7, 2024, from 11:00 AM to 1:00 PM at the study intersections by IDAX Data solutions. Seasonal Factor Adjustment: A review of continuous count data provided by CDOT's OTIS, specifically station 000205 on US-34 and station 000244 on US-36, suggests that the peak seasons for traffic in the vicinity of the subject site occur June, July, and August with the peak month for traffic occurring in July. In comparing the July MDT's to the December AADT's for these two count locations using the most recent 10 years of data, a seasonal factor of 2.5 was found. This factor was applied to through movements along Elkhorn Ave and Moraine Ave of study intersections to account for the peak season. As Filbey Ct serves as access to adjacent lodging properties, it was determined that a seasonal factor would be appropriate for the turning movements at the Elkhorn Ave & Filbey Ct intersection. As the Elkhorn Lodge Phase 1 TIS had traffic volume counts conducted during peak season, the turning movements for this intersection were grown to match the Elkhorn Lodge Phase 1 TIS. Excerpts from this TIS can be found in Appendix D. As Elm Rd serves residential and industrial uses it was determined that a seasonal factor would not be applicable for the turning movements at the Moraine Ave & Elm Rd intersection. The existing volumes are summarized in Figure 3-1. Copies of traffic counts are included in Appendix E. Existing peak hour factors (PHF) were also computed by approach from the traffic counts and applied to the analysis with a minimum of 0.85 and a maximum of 0.92. Existing Levels of Service Capacity/level of service (LOS) analyses were conducted at the study intersections based on the existing lane use and traffic controls shown in Figure 2-1 and existing baseline vehicular traffic volumes shown in Figure 3-1. The capacity analysis results are presented in Appendix F and summarized in Table 3-1 and in Figure 3-2. As shown in Table 3-1 , the movements for the unsignalized intersections in the study area currently operate at acceptable LOS "D" or better during the weekday AM/PM and Saturday midday peak hours with the exception of the southbound approach at the Moraine Ave & Elm Rd intersection which operates at LOS "F" during the Saturday peak hour. LOS "F" is typical for unsignalized side street delays. In these cases, it is appropriate to further investigate operations and review the volume/capacity (v/c) ratio. The v/c ratio is less than 1.0 which suggests additional capacity is available. Existing Intersection Queues An analysis of intersection 951h-percentile queues was performed at key locations. The results of the queuing analysis, as reported by Synchro, are summarized in Table 3-2. As shown in the table, all queues are contained within their effective storage. Galloway & Company, Inc. 15 Elkhom Lodge Phase 2 Estes Park, CO IV. Analysis of Future Conditions without Site Development Methodology The future traffic forecasts, without the proposed new use, were developed for 2030 and 2046 conditions based on a composite of existing baseline traffic volumes and regional traffic growth. A 1.0% growth factor per year was applied to the through movements of existing traffic on Moraine Ave and Elkhorn Ave, consistent with CDOT's OTIS traffic projections. Reoional Growth Increases in traffic associated with regional growth were estimated at 1.0 percent per year compounded for the through movements on Moraine Ave and Elkhorn Ave up to 2030 as well as to 2046. This growth accounts for increases in traffic resulting from influences outside of the immediate study area. The resulting increases in volumes within the study area are reflected in Figure 4-1 for 2030 conditions and Figure 4-2 for 2046 conditions. Elkhorn Lodge Expansion Phase 1 Elkhorn Phase 1 is an approved but unbuilt/unoccupied development was identified for consideration within the study. The following development and development program was included in the background and total future analysis for 2030 and 2046 conditions: Elkhorn Lodge Expansion Phase 1 36 132 6,004 2,880 2,880 3,550 2,200 Room Room SF SF SF SF SF Hotel Hotel Sit-Down Restaurant Sit-Down Restaurant Retail Sit-Down Restaurant Light Industrial (Distillery) The location of the Elkhorn Lodge Phase 1 developments in relation to the Applicant's property is shown in Figure 4-3. Background future lane use and traffic control is consistent with existing conditions shown in Figure 2-1. The development site trips were obtained from the Elkhorn Lodge Expansion TIS for weekday AM and PM peak hours and were derived for Saturday midday peak hour per the standard Institute of Transportation Engineers (ITE) Trip Generation Manual rates/equations, as published in the 11th edition. These volumes are shown in Figure 4-4. Relevant excerpts from the Elkhorn Phase 1 development TIS is included in Appendix D. It should be noted that the analysis contained herein is likely highly conservative. ITE provides a national database of forecasted trip generation for typical uses. The analysis utilized herein does not consider the '•^} synergies that would be achieved on a resort type site such as this. Future data collection should be performed and this analysis should be updated after the build out and occupancy of Elkhorn Phase 1 to analyze the specific traffic impact. Background Traffic Forecasts The existing traffic forecasts depicted in Figure 3-1, the regional growth shown in Figure 4-1 (2030) and Figure 4-2 (2046), and the Elkhorn Lodge Phase 1 development site trips shown in Figure 4-4 were added Galloway & Company, Inc.20 Elkhorn Lodge Phase 2 Estes Park, CO V. Site Analysis Overview The Applicant is proposing to develop the approximately 40.8-acre site with lodging/recreational uses. Preliminary concept plants specifically contemplate two hotel uses, historic cabins, and guest tree houses. For purposes of this study. the site is assumed complete and occupied in 2030. The following use and development programs were analyzed: Build-Out 2030: 125 Rooms Hotel 125 Rooms Hotel 10 Sites Historic Cabins "Campground/Recreational Vehicle Park" 65 Sites Tree Houses "Campground/Recreational Vehicle Park" Proposed Site Access As shown on the Applicant's conceptual plan (Figure 1-2), access to the development is being proposed via the existing access on Elkhorn Ave through the Elkhorn Lodge Phase 1 access and a secondary access via Elm Rd. As requested by the Town, an additional restricted emergency only access is proposed via a connection to Old Man Mountain Lane. Proposed lane use and traffic control is consistent with the existing lane use and traffic control shown in Figure 2-1. Trip Generation Overview Trip generation estimates for the weekday AM, weekday PM, and Saturday midday peak hours, as well as the weekday average daily traffic (ADT) and Saturday ADT, were derived from the standard Institute of Transportation Engineers (ITE) Trip Generation Manual rates/equations, as published in the 11th edition. The trip generation analysis is presented in Table 5-1. Site Trips The vehicle trips that would be generated by the proposed development plan are summarized in Table 5- 1. As shown in Table 5-1, the site would generate upon completion and full occupancy 126 new weekday AM, 151 new weekday PM, and 204 new Saturday midday peak hour vehicle trips. The site would generate 2,208 new weekday daily trips and 2,258 new Saturday midday daily trips. Site Trip Distributions The distribution of the anticipated trips generated by the completion of the proposed development was ' y based on an examination of existing traffic counts and local knowledge. It is the intent for the access along Elkhorn Ave to serve as the main access for the site. The following distributions were applied consistent with previous traffic studies: • To/from the west on Elkhorn Ave: 35% • To/from the east on Elkhorn Ave: 55% • To/from the west on Moraine Ave: 5% • To/from the east on Moraine Ave: 5% Site Trip Assignments The assignment of the new vehicle trips generated upon the future build-out of the development project was based on the above distribution. The trips assignments are depicted in Figure 5-1. Galloway & Company, Inc.32 ;\ TOV^N OF ESTES PARI^ PROJECT ROUTING REFERRAL FORM AGENCY REVIEWER SIGNATURE DATE Public Works Jennifer Waters 3/3/2025 D No Comments Kl Resubmittal Required Kl Comments Provided below SUMMARY OF COMMENTS: Elkhorn Lodge Phase 2 -Annexation referral for TB. Galloway's submittal documents include a Statement of Intent (1/30/25), Annexation map (parcel survey drawing, 11/20/24), and Traffic Impact Study (1/10/25). The TIS was shared with Kellar Engineering. Sean Kellar's letter (3/3/25) represents the Public Works response to the TIS. It is understood that the forthcoming TB meeting presentation and discussion should provide guidance from elected officials regarding the overall plan for development of the parcel in the Town's jurisdiction. Public Works support for the annexation is conditioned on acceptance of a revised TIS. Public Works approval of the annexation application will be based on an approved TIS and include requirements for traffic mitigation, access, and other design considerations associated with a public street on the parcel. 170 MACGREGOR AVE.P.O. BOX 1200, ESTES PARK CO.80517 WWW.ESTES.ORG Community Development Department Planning Division 970-577-3721 planning@estes.org KELLAR ENGINEERING March 3, 2025 Elkhorn Lodge Phase 2 Traffic Impact Study Review Comments: Kellar Engineering (KE) has reviewed the submitted Traffic Impact Study (TIS) for Elkhorn Lodge Phase 2 in Estes Park, CO prepared by Galloway, dated January 10, 2025. The submitted TIS generally follows industry standard methods for traffic impact studies/traffic impact analysis. The TIS does not to appear to distribute traffic in accordance with the signed Base Assumptions Form (BAF). In the BAF, the Town approved 60% of site traffic to Elkhorn Ave and 40% to Elm Road. The TIS appears to have used 90% -10%. In recent correspondence with the Town, they do not agree with the trip distribution that was used in the TIS. Please revise the TIS accordingly. The TIS should be updated to include an accident history within the last five years at the study intersections. Crash data can be obtained from CDOT and local law enforcement. Also provide the calculated crash rate at the study intersections. Provide a sight distance analysis at the study intersections. Provide an auxiliary lane analysis evaluation of the study intersections per the CDOT State Highway Access Code (SHAC) criteria. The TIS shows a LOS F for the year 2030 Short Range Total Saturday peak hour for the SB approach for the Moraine Ave/Elm Road intersection. Provide alternatives to mitigate the failing levels of service at the intersection in the TIS. A traffic signal warrant analysis should also be provided for the year 2030 Total Traffic condition (2030 Short Range Total) at the Moraine Ave/Elm Road intersection. It is recommended that the TIS is revised to address the above comments. lof2 E STE $ Paul Hornbeck <phornbeck@estes.org> •PARK Re: Estes Park Referral - Elkhorn Lodge Ph II Annexation Traci Shambo <shambotl@co.tarimer.co.us> To: Paul Hornbeck <phornbeck@estes.org>, Jennifer Waters <jwaters@estes.org> Cc: On Call Planner <planning@larimer.org> Mon, Feb 24, 2025 at 4:24 PM Paul & Jennifer - LC Engineering does not have concern with the annexation request. As you are both aware, further development of the property after annexation will trigger improvements to ELM ROAD if it is planned as one of the access roads. ELM ROAD does not meet County Road Standards and is a mix of public right-of-way and private road easements. County Engineering would like to have the opportunity to review the project as a referral agency and hope that the Town requires aTIS and Drainage Study. Thank you. Traci On Fri, Feb 14, 2025 at 11:54 AM Paul Hornbeck <phornbeck@estes.org> wrote: Good morning, The Town has received a request to annex a 40 acre parcel of land and establish A (Accomodations) zoning. The property is located approximately 1/2 mile north of Moraine Ave/ US 36 on Elm Road and southwest of the historic Elkhorn Lodge. The statement of intent indicates future applications are anticipated to include a Planned Unit Development (PUD) zoning overlay and Development Plan to entitle up to 300 accommodation rooms (hotels, cabins, etc.) Please review the linked submittal documents and complete Page 2 of the Referral Form with any comments or check "no comments" if applicable. Please return the Referral Form via email and ec' planning@estes.org. Comments are due February 28th. Please let me know if you anticipate any difficulty meeting this deadline. Submittal documents: https://drive.google,com/drive/folders/1cghWkl8TQr2vAy1XF_-7baeKtspFTF_0?usp=sharing Paul Hornbeck, AICP Senior Planner Community Development Department Town of Estes Park 170 MacGregorAve EstesPark,C080517 970-577-3727 LARIMERCOUNTY Traci Shambo, PE, CFM Senior Civil Engineer Engineering Department 200 W Oak St, Fort Collins, 80522 | 3rd Floor Phone: (970) 498-5701 tshambo@larimer.org | www.larimer.org Re: Estes Park Referral - Elkhorn Lodge Ph II Annexation 1 message Young - CDOT, Allyson <allyson.young@state.co.us> Tue, Mar 4, 2025 at 10:27 AM To: Paul Hornbeck <phornbeck@estes.org> Cc: "Bilobran - CDOT, Timothy" <timothy.bilobran@state.co.us> Hi Paul, Thanks for your patience. I took a look at the traffic study included in the submittal and CDOT's comments are as follows: 1. CDOT does not accept LOS as a means of negating the need for highway improvements. 2. The study does not reference the State Highway Access Code. Moraine Ave is a state highway and therefore the Elm Road access point is within CDOT's jurisdiction. Evaluations and the Conclusion must be revised to reflect the State Highway Access Code requirements and warrants. The study should state 1) whether or not a CDOT Access Permit is required and 2) the specific highway improvements that are warranted based on the long range, total volumes in phase 1 and 2 (Figure 6-2). 3. Was a signal warrant analysis completed? I did not see one included, but please let me know if I missed it. Thank you, Ally We, the undersigned, do hereby protest the proposed development known as Elkhorn Lodge Phase II, including but not limited to the annexation, non-residential zoning and PU D classification of parcels 3526100001 and 3526105046 referred to in that proposal. PRINTED NAME ADDRESS C\~Tf, STATE, ZIP SIGNATURE TtyvvT^^T-4^^*^ /"^•u.<-'^\ \i^^-^t .^"pz^ •\'^^Ji^ (^^-A ^ ^LLc.C ^\ ^^r -\^-^\^^ ^ $n^/^_i>.?.^ c y ^7 :/, M > .' /• '/%w\Z4_^ /rf^ ^%^ /-3?" /Te/^ .Q.-,•-X^.'\j^-/<//-; I -^ I ^ -i— •^ •151- ^zcnoi^ i^^A-tOc Z0^^-/l-^^\ Id ^^ CO ^/-r ~]^J^^h^^^^_ .^^/^^/^7^7A^7zy^At< /)^^^^^- w^s^<^\^^^' -t>Ty -\li-U.t.^^•:. &M] D-^f .Co /c^St7 J^^ L(^YA./y ?9^S 1 \^c' 'uy'^-^/i, ^iio^^i^^/it)(CF . co ^n c)f .-^ ^^iVi^'n^ -,^vb?o^ p^\?s^ n L- —^^ p^_,,^. -y^^^/y ^:0^'VW L ^_. A ->^^ ~''™\ V V —V^^^LI -•^c/-^ ^^,2 ^ 7 : T ^? -p7 .^ 7 Lx ? - 7"1 ' ?^T^F, : I sanivNQis -L'-s^ n ) ^ 3 i ,5-0^,. '0^ 'j)'^ 1^0''^ ^1.'- ^ ^.S •- f- — _j-<. ^ I _____ j_•^j-^^sy '.w ^-^ yyj, 5^t ^ t}^J^c]'!^^^>^ dlZ'31VlStA113 V;n^v^0^ ^,^_ '^Jt;13-sl^3^^ •^ L<TT ->\^ \)^^ ^^^ ^Q ^G^(\ oh ^ ;/(^ ^'>o\ ^'-"^'"? 9/7^-_ ssayaav ^•'\ ^ -J \\ '^?—-\, ^ti^'l "mk! / •"', ! ( J ; -' ,^ '-)1 ^[ \'( ' ;-", ^\^ M^^~/[i _L ^"^^v. ^^j.- >^'--'l;|^'~; i^[4 "' 'v it/ ^ 3^V^G31Niad PUBLIC COMMENT RECEIVED BY 5:00 P.M. 2025-03-24 Board of Trustees Public Comment Name: Mary Lamy Stance on Item: Against Agenda Item Title: Annexation Referral – Elkhorn Lodge Phase II Public Comment: 2 hotels, cabins, parking and roads would result in light pollution that would impact town and the entire community; loss of wildlife corridors and environmental damage would be irreversible; Phase 1 and phase ll would rival any concentrated area of commercial accommodations anywhere in the Estes Valley. The site and encroachment on established neighborhoods make this rezoning and annexation request a travesty. Respectfully submitted, Mary Lamy File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED BY 12:00 PM 2025-03-25 PUBLIC COMMENT RECEIVED BY 12:00 P.M. 2025-03-25 Board of Trustees Public Comment Name: Kristine L. Poppitz Stance on Item: Against Agenda Item Title: Annexation Referral - Elkhorn Lodge Phase II. Public Comment: Dear Mayor and Trustees, I understand that tonight's Town Board Agenda item for the Annexation request is a report only; however, I am writing in strong opposition to the Annexation request for the proposed Elkhorn Lodge Phase II. There have been many letters of opposition, and 1 in support, of this Annexation request. While I have been previously counseled that all voices should be heard (I concur), and not to say, "ditto" to the comments of others, in the interest of all of your time, I will simply state that I trust that all of the previous letters have been read and that all future letters, as I presume there will be many, will also be read. I look forward to the meeting this evening. With thanks, KLP Full time Estes Park Resident File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Elkhorn Lodge Master Planned Development Dear Esteemed Town Board Members, We appreciate the opportunity to present our request for the annexation of 40 acres of land adjacent to the Historic Elkhorn Lodge. As owners and developers, we are deeply committed to preserving and revitalizing the rich history of this treasured landmark. While progress has been slower than we initially hoped due to macro economic challenges, we have made significant strides, including the monumental task of lifting the 150-year-old lodge and placing it on a new concrete foundation, breathing new life into this beloved structure. Throughout this journey, we have actively engaged with neighbors and local businesses, seeking feedback and fostering partnerships. This ongoing dialogue is essential to our approach, as we strive to understand and address community concerns while providing meaningful opportunities for collaboration. Additionally, our purchase and substantial renovation of the Rocky Mountain Hotel, now renamed Expedition Lodge, reflect our commitment to investing in and improving the Estes Park community. We recognize that many concerns surrounding this annexation stem from the potential development of the property. It is natural for change to prompt apprehension, particularly among residents near Elm Road. However, we are encouraged by the minimal opposition from residents on Old Ranger Road, many of whom have witnessed firsthand our dedication to responsible development. Diversity of thought is valuable, and we welcome dialogue as we work to minimize impacts and enhance community benefits. The December 2024 neighborhood meeting demonstrated both support and thoughtful concerns, primarily focused on mitigating impacts in addition to some opposition to the project itself. We look forward to continuing our discussions with the Town Board and adhering to the proper processes to ensure a thoughtful, community-oriented approach. Frequently Asked Questions and Concerns: 6. Light and Noise Pollution: Having developed properties near national parks, we are experienced in minimizing light and noise pollution and will apply these best practices and will only use the minimal required standards per the town for safety concerns. Our guests are coming to the mountains to have a unique nature experience and the night sky is part of that. 8. Legal Concerns About Annexation: • Commitment to Community: Our continued collaboration with local businesses fosters economic growth through partnerships with restaurants, wedding services, spas, tour guides, and more. • Significant Investment: Our substantial investment in the formerly underperforming Rocky Mountain Hotel (Expedition Lodge) has improved its ratings and appeal. • Positive Neighborhood Relations: Minimal opposition from some neighbor