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Home My WebLink AboutPACKET Estes Park Planning Commission 2026-05-19This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos Advanced Public Comment: Members of the public may provide written comments on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/EPPCPublicComment. The form must be submitted by 10:00 a.m. on the day of the meeting. All comments will be provided to the Commission for consideration during the agenda item and added to the final packet. __________________________________________________________________________ AGENDA PLANNING COMMISSION – TOWN OF ESTES PARK Town Hall Board Room, 170 MacGregor Avenue Tuesday, May 19, 2026, 1:30 p.m. INTRODUCTIONS AGENDA APPROVAL CONSENT AGENDA 1.Planning Commission minutes dated February 17, 2026 ELECTION OF OFFICERS PUBLIC COMMENT ACTION ITEMS 1.Fall River Village II Preliminary/Final Planned Unit Development Planner Hornbeck Amendment to existing PUD to facilitate subdivision of the property. 2.Preliminary Subdivision Plat 276 Sunny Acres Court Planner Hornbeck Subdividing the existing 3.8-acre lot into 14 townhome lots, one 8-plex lot, one duplex lot and one lot for the event facility. DISCUSSION ITEMS 1.Development Code Update 2.Future Meeting Attendance ADJOURN 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. May 1, 2026 11 22 draf t Town of Estes Park, Larimer County, Colorado, February 17, 2026 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. The meeting was held in the said Town of Estes Park on February 17, 2026. Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Julie Phares Attending: Commissioners Cooper, Arterburn, Phares, Pawson, Community Development Director Steve Careccia, Planner II Kara Washam, Special Counsel Greg White, Recording Secretary Karin Swanlund Absent: Arterburn Chair Cooper called the meeting to order at 1:30 pm. There were 4 people in the audience. INTRODUCTIONS Commissioners and staff introduced themselves. AGENDA APPROVAL It was moved and seconded (Pawson/Mulhern) to approve the agenda. The motion passed 4-0. CONSENT AGENDA 1.Planning Commission Meeting Minutes dated January 20, 2026 It was moved and seconded (Mulhern/Phares) to approve the consent agenda. The motion passed 4-0. PUBLIC COMMENT: none ACTION ITEMS: 1.Minor Subdivision 173 Stanley Circle Drive Planner II Washam Planner Washam reviewed the staff report. The applicants wish to subdivide their existing 1.17-acre lot into two (2) lots, 0.67 acres and 0.50 acres. The larger lot will include the existing single-family residence and structures, while the smaller lot will remain undeveloped for the foreseeable future. The applicants intend to place the smaller lot in a trust for their beneficiary. Staff recommended approval of the Minor Subdivision. DISCUSSION: Property owner Michelle Chase answered Commissioner Mulhern's question that there are no plans for development. The lot will be placed in a trust, with no idea what the beneficiary will do with it. PUBLIC COMMENT: None 33 draf t Planning Commission – February 17, 2026 – Page 2 It was moved and seconded (Mulhern/Phares) to forward a recommendation of approval to the Town Board of Trustees for the Chase Minor Subdivision. The motion passed 4-0. DISCUSSION ITEMS: Director Careccia reported that the consultant is working hard on drafting the code text. A 30% draft will likely be available by mid-March. With no further business, Chair Cooper adjourned the meeting at 1:45 pm. _________________________________ Chuck Cooper, Chair Karin Swanlund, Recording Secretary 44 55 Memo To: Chair Cooper & Planning Commissioners Through: Steve Careccia, Community Development Director From: Paul Hornbeck, Senior Planner Department: Community Development Date: May 19, 2025 Subject: Fall River Village II Combined Preliminary/ Final Planned Unit Development Plan, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a combined Preliminary/Final Planned Unit Development Plan and make a recommendation to the Town Board of Trustees to approve or deny the application. Present Situation: Fall River Village consists of two separate lots that include a total 88 units and an event facility previously approved as part of a Planned Unit Development (PUD) with an underlying zoning of Commercial Outlying (CO). A PUD is a zoning overlay that allows flexibility to certain development standards. The upper, northern lot is the subject of this application and contains 24 units and the event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below-market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. 66 As a property less than 5 acres in size, the project is eligible to be reviewed as a combined Preliminary/Final PUD in accordance with EPDC Section 3.4. The code states such applications “shall be considered a Final PUD Plan and shall follow the standard development approval process set forth in Section 3.2…” EPDC Section 3.2 requires the Planning Commission to review the application and make a recommendation to the Town Board, who is the final decision-making body. Proposal: The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot (2 units), and one lot for the event facility/office. The subdivision is a separate application Subject of Application 77 and agenda item from this application to amend the existing PUD. Most of the desired uses are currently permitted by the PUD as it allows multi-family and two-family residential dwellings, government offices, and daycare. The PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. The PUD seeks approval of the following: 1. Lot Size. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots which are smaller than the zone district minimum, which is requested with this application. However, Lot 1 (8- plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots. 2. Building Envelopes. EPDC Section 10.5.H.7.d requires building envelopes be included on townhome subdivision plats. Since this project is already constructed, the applicant requests a waiver to this requirement. Building permit review will ensure any future construction complies with relevant standards that building envelopes help govern, such as setbacks and maximum lot coverage. 3. Setbacks. Townhome projects are not required to comply with building setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 4. Parking. Minimum parking requirements are met for the residential units, daycare, and office; however, the application seeks to address the location of parking and parking requirements for the event facility. The site currently has 82 88 parking spaces but two are planned to be converted to other uses to serve a proposed daycare. In accordance with EPDC Section 7.11.D, 49 parking spaces for the residential and daycare uses and 11 spaces for the office are required and provided. EPDC requires a parking study to determine the appropriate parking needed to serve event facilities. The parking study prepared by the applicant (Attachment #4), recommends a parking ratio of one space per three event attendees. There is no industry standard parking ratio for event facilities; however, two to four people per vehicle is often used. Based on the use and size of the building, the Building Code allows a maximum occupancy of 135 people, which would require 45 parking spaces using the 1:3 ratio. The existing PUD was approved with 29 spaces dedicated to the event facility. The current proposal would have 20 dedicated spaces which would increase to 31 spaces when the office is not in use (i.e. evenings and weekends). Therefore, there is a deficit of 14-25 parking stalls when applying the 1:3 ratio. To address this, the PUD includes occupant limitations of 59 people during office hours and 97 people non-office hours, which generally corresponds with the available parking using the 1:3 ratio. Staff recommends a condition of approval that parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. EPDC Section 7.11.F states all required off-street parking spaces shall be located on the same lot or parcel they serve. With the subdivision, parking for Lots 1, 12, and 17 will be provided in the adjacent outlot/ common parking area rather than on individual lots. As provided for in EPDC Section 7.11.G.3, staff has approved the proposed parking as an alternative to providing off-street parking spaces on site, finding the applicant has demonstrated the proposed plan will protect surrounding neighborhoods, maintain traffic circulation patterns and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards. 99 5. Loading. EPDC Section 7.11 requires off-street loading for business and professional offices, warehousing and storage, and daycare. The applicant requests a waiver to these requirements due to the size and needs of the building/uses not warranting any large trucks servicing the property. Application materials indicate typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. 6. Sidewalks. EPDC Section 10.5.D requires sidewalks be provided along at least one side of any public or private street. The applicant requests the requirement for a sidewalk along Far View Drive and/or the internal access road connecting Far View Drive and Filbey Court be waived. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. 7. Uses. “Government office” is an allowed use under the current PUD but the applicant requests “office” also be an allowed use. The applicant also requests “warehousing and storage – limited” be allowed on Lot 12 to accommodate storage for residents and occupants of the office. The A zone district requires a Special Review for event facilities. Since the facility was previously approved, the PUD clarifies it is an allowed use and does not require Special Review. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. EPDC. In accordance with EPDC Section 3.4.D “Standards for Review”, all PUD applications shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, Planned Unit Development: 1. The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; Staff comment: The PUD amendment implements the goals and policies of the Code and Comprehensive Plan by supporting workforce housing. The PUD would allow subdivision of the property to enable the sale of individual units, 1010 which EPHA indicates is necessary to provide below market rental rates on the workforce housing units. 2. Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; Staff comment: There are no adverse impacts on adjacent properties anticipated with the PUD amendment. However, a shared parking lot may create challenges within the project if events incur higher parking demand than anticipated. If this becomes an issue, the HOA and/or management company would likely need address through reserved parking areas, parking permits, and/or enforcement. If vehicles are parked obstructing fire lanes, the Town and/or Fire District may need be involved in enforcement. 3. The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 4. Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. 5. As allowed in Chapter 9 below, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. 1111 6. The PUD shall provide public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Staff comment: The PUD amendment provides a community benefit of supporting the provision of workforce housing. Disadvantages: None identified. Action Recommended: Staff recommends Planning Commission forward to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: The Planning Commission is the recommending body for the combined Preliminary/Final PUD Plan. 1. The Town of Estes Park Board of Trustees is the decision-making body for the combined Preliminary/Final PUD Plan. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 3. The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: 1. Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Finance/Resource Impact: The PUD will have little no impact on Town finances or resources. 1212 Level of Public Interest: Staff anticipates a moderate level of public interest; however, as of this writing no public comments have been received on this application. Any comments received will be posted to http://www.estes.org/currentapplications. In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on May 1, 2026. Notice was mailed to all required adjacent property owners on May 1, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move to forward to Town Board a recommendation of approval for the combined Preliminary/Final Planned Unit Development Plan according to the findings and conditions recommended by Staff. 2. I move to forward to Town Board a recommendation of denial for the combined Preliminary/Final Planned Unit Development Plan, finding that … [state findings for denial]. Attachments: 1. Statement of Intent 2. Preliminary/Final Planned Unit Development 3. Preliminary Plat 4. Parking Study 1313 Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4. Statement of Intent. All applications for a preliminary subdivision plan and ﬁnal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. (Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating proﬁt which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction 1414 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildﬁre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualiﬁcations: We acknowledge the professional qualiﬁcations required to create a report E. Wildﬁre Hazards. 1.Wildﬁre Hazard Areas. a. “Mapped Wildﬁre Hazards. Wildﬁre hazard areas shall include all those areas shown as "high-tree" ﬁre hazard areas on the Wildﬁre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” ﬁre hazard area on the wildﬁre hazard resource map “Unmapped Wildﬁre Hazards. Wildﬁre hazard areas shall also include areas located outside of the mapped wildﬁre hazard areas that are identiﬁed by the Colorado State Forest Service or the Larimer County Wildﬁre Safety Specialist, or designee, as 1515 hazardous areas” – The Property is not identiﬁed as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd ﬂoor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 1616 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 1717 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient ﬁre suppression facilities and adequate access to emergency ﬁre protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. 1818 H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signiﬁcant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ﬁts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required 1919 C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the ﬁeld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the ﬁeld. 10.4 Lots A. Lot Dimensions and Conﬁguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 2020 3. Conﬁrmed 4. Conﬁrmed B. Access: Conﬁrmed C-E. N/A F. Conﬁrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conﬁrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conﬁrm that this project will adhere to the Fire Safety Standards. 2121 F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ﬁts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the beneﬁt of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility 2222 The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses - Townhome ownership with the potential to STR -Free storage for workforce housing tenants -Office Space -Daycare -Event Space 2) The PUD largely ﬁts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be 2323 able to operate as a large wedding venue and the hours of operation will be reduced. This will be a beneﬁt to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. 2424 Page 1 of 5 SECOND AMENDMENT TO FALL RIVER VILLAGE II PUD, COUNTY OF LARIMER, STATE OF COLORADO Dated February 15th, 2026 The AMENDED FALL RIVER VILLAGE II PUD, COUNTY OF LARIMER, STATE OF COLORADO which was approved by Estes Park Board of Trustees on March 27, 2018 and recorded in the Larimer County records on June 15, 2018, at Reception # 20180036169 is amended as outlined herein and shall be known as the SECOND AMENDMENT TO FALL RIVER VILLAGE II PUD. The following changes are approved with this Second Amendment: Permitted Uses shall be subject to the Estes Park Development Code A Zone district standards, except that the following use modifications shall be permitted in addition by the PUD process: “Government Offices”, “Offices”, “Warehousing and Storage – Limited” and “Event Facility” shall be permitted on Lot 12. “Daycare Center” and “Family Home Day Care, Large” shall be permitted on Lot 17. Lot 17 will be a duplex building use. These uses shall be permitted by-right subject to Community Development Department administrative review of applicable standards. Total Off Street Parking Spaces: Total Spaces Required (See Exhibit A) = 80 Spaces Off Street Parking Spaces Provided On Site = 52 Spaces Garage Spaces Provided = 16 Spaces In Front Of Garages (None In Front Of 273) = 14 Spaces Note: Garage Spaces For Daycare Will Not Be Available If The Daycare Is Used Since the Daycare Will Use The Garage As Storage = (-2) Spaces Total Spaces Provided = 80 Spaces Handicap Spaces Required = 4 Total (1 Van) Handicap Spaces Provided Outdoor = 3 Total (2 Van) All Single Car Garage Spaces (10) Would Be Handicap Accessible 1. See Exhibit A for a breakout of the parking calculations. 2. For the purpose of off-street parking numbers, the Event Facility is using 1 parking space per 3 people. This is consistent with “All Other Outdoor Entertainment Establishments”, “Indoor Theatre Entertainment Establishments” and is more than “All other Indoor Entertainment Establishments” would require for this facility. Additionally, this is what was agreed upon and used in the original 2017 PUD. 3. The Event Facility on Lot 12 will be used during office hours for functions related to the office such as breakfast gatherings, lunch conferences, educational programming, meetings, etc… To meet the parking requirements, during office hours the maximum capacity for an event will be 59 people. During non-office hours, the Event Facility will be available for other functions, at which point the office use parking will not be 2525 Page 2 of 5 necessary. During the non-office hours, the Event Facility will have a maximum capacity of 97 people. Hours of operation for the Event Facility shall be from 7AM- 10PM. No event may be hosted by a guest of a short term rental license. 4. Parking requirements for the “Daycare Center” or “Family Home Day Care, Large” are greater than what would be required if the unit is a residential unit. The parking spaces required for the daycare are for a maximum of 15 students (1 space /6 students = 2.5 parking spaces) and when it is a daycare, the garage will be used for storage, therefore 2 spaces would be subtracted from the overall spaces provided. In addition, two spaces will be provided for drop-off and pick-up and will be signed as such for Daycare Parking Only from 7am-6pm. The two spaces on the far east of the property will be designated for the daycare parking. They will be extra spaces for evening/weekend parking. In the event that the daycare is not in use, then the two parking spaces at the east end of the project will be available for “Event Facility” parking. At a rate of 3 people per vehicle at the event center, that will allow 6 extra guests for a total of 65 people during office hours and 103 during non-office hours. 5. Storage containers are currently located in two parking spots on the east side of the project and will be allowed to remain for 18 months. During the use of these two spots for storage, the “Event Facility” maximum use will be reduced by 6 people to 53 people during office hours and 91 people during non-office hours (assuming the daycare is in operation) until the storage containers are removed. At the time of removal, the “Event Facility” will be allowed 59 people during office hours and 97 people during non-office hours (assuming the daycare is in operation). NEW WAIVERS TO BE REQUESTED: 1. This property will go through the Townhome Subdivision process in conjunction with this Second Amended PUD. The PUD requests that this Townhome Subdivision allow Lot 1 to contain up to 8 “Multi-Family Dwellings”, Lot 12 contain the right to “Offices”, “Government Offices”, “Warehousing and Storage – Limited” and “Event Facility”, and Lot 17 contain the right to “Two Family Dwelling”, “Daycare Center” and/or “Family Home Day Care, Large”. 2. Lot 1, Lot 12 and Lot 17 will not be a Townhome Lot, therefore request they shall be allowed to be smaller lot sizes than code requires for a CO zone lots (15,000 sf) and A zone lots (40,000 sf). The lot sizes will be 14,300+/- sf, 9227+/- sf, and 15,460+/-sf respectively. 3. “Warehousing and Storage – Limited” in the lower level of Lot 12’s building will be allowed to residents and businesses of Fall River Village Townhomes and Lot 8, Fall River Village Final P.U.D. on an availability basis as regulated by the owners of Lot 12. 2626 Page 3 of 5 4. Lots 1, 12 and 17 do not meet setbacks since they are not Townhome Lots. A waiver is requested that they have 0’ internal setbacks, similar to the Townhome Lots. Exterior setbacks shall remain as shown on the original PUD. 5. Parking spaces for many of the lots are not on the lot themselves. A waiver is requested to provide parking spaces on-site, but not on the individual lots. Spaces not in a garage or in front of a garage are not assigned to any particular units and are available on a first come-first serve basis. The overall site meets the required parking counts. 6. Estes Park Development Code Chapter 10.5.H.7.d requires building envelopes for each lot. A waiver is requested to not show building envelopes. This project is built out and the existing lot coverage for every lot meets the requirement. In the case of any building permit application in the future, a site plan will be required that can address the 80% lot coverage requirement. Building envelopes make it difficult to be flexible with future building improvements. A building envelope was placed on the west side of Lot 13 to keep any improvements in the Outlot spa area from being too close to the unit on Lot 13. 7. The PUD requests a waiver to the requirement for a loading space. The “Offices”, “Government Offices”, “Day Care” and “Event Center” require either a Type A loading space or a parking study to determine if one is needed. The size and needs of the building/uses do not warrant any large trucks servicing the property. Typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. 8. The PUD requests a waiver from sidewalks along Far View Dr. It had been determined in the prior projects that this was not necessary along Far View Dr. There are sidewalks connecting the property internally and a sidewalk along Elkhorn Avenue and Fall River that connects to downtown done by prior owners of this property. Prior waivers for the AMENDED FALL RIVER VILLAGE II PUD are to be kept in effect except for #5 and #6 below because the uses have changed. #5 has been updated in #7 above. #6 is no longer necessary because the code has changed to allow an accessory use in an accessory building over 1,000sf and the building is now a primary building on Lot 12 with “Government Office” or “Office” as the primary use: 1. Minimum curve radii for streets. The internal drives service enough units that they are treated as streets and must be built to street standards. The minimum centerline radii is 100'. We have proposed a 50' radii on one section of the internal drive to enable the units to fit. This will meet the requirements of the fire department and will also help to slow traffic through the neighborhood. 2727 Page 4 of 5 2. The community hall is requesting a height waiver of 8' from the EPDC. The lot has a very steep grade and Sunny Acres Ct. was originally built with a lot of fill at the southern end where this building accesses from. This combination forced the building to be elevated to meet the grades at the road. Even though the building is not exceptionally tall, we are still 8' above the height limit. The exceptional grade on this portion of the property makes it hard to meet the height requirement, even if it were to be developed as a single family lot as this property was designed to be in the Fall River Village PUD from 2008. 3. In order to connect the lower property with the upper property, the grade of the drive along the western side is steeper than code. We designed the grade of the road at 12% which is a request of 3% more than the standard 9% grade allowed in the EPDC. This connection was made to provide connectivity between the Fall River Village and Fall River Village II. This provides an emergency route and a secondary access for both properties and is the only reasonable way to provide the connection. 4. A smaller setback of 10' for the north and east lines of former Lot 5a, Sunny Acres Addition (the eastern portion of this property) is requested because the buildings already exist. The rezoning of the lot to CO from RM in 2017 increased the zoning setbacks from 10' to 25'. This request is being made in order to keep the units from violating any setbacks with this change in zoning and subsequent combination of Lots 1-7 and Outlot A of the Fall River Village PUD. They were conforming prior to the rezone and we would like to maintain their conformity. 5. A request to waive a Type "A" loading dock. The site is not conducive to creating a loading site on the side or behind the building in order to meet 70' setbacks from sunny acres ct. which is required by the code. The facility is a small building and the parking spaces are adequate to provide for any catering needs that the building will utilize. The size and needs of the building do not warrant any large trucks servicing the property. Typical vans will likely be the only vehicles to service the property and they can utilize the parking spaces for the short duration they will be on-site. 6. A request for an accessory building to be larger than 1000 sf. This property is building a community hall that is intended to be the signature piece of the property. For a commercial property like this, this kind of use is necessary and due to constraints on the property it is not feasible to connect it to the principal use (the office). This kind of use is very common throughout the valley as a detached building. It does not make sense that it has to be attached to the principal use. 7. A request for 6 more units than are allowed on Lot 1, Fall River Village II Resubdivision. It is requested to have 18 units on this property rather than 12. The overall density of the upper neighborhood would be in keeping with the overall density of the existing Fall River Village where the established lower level is of much higher density. The minor increase in overall density would be consistent with the town's desire for increased density close to the downtown area. All other aspects of the Amended Fall River Village II PUD remain in full force and effect, including waivers and density. CERTIFICATION OF OWNERSHIP 2828 Page 5 of 5 THE UNDERSIGNED, BEING THE OWNERS OF THE REAL PROPERTY SUBJECT TO THE PUD SHALL BE SUBJECT TO THE PROVISIONS OF THE ESTES PARK DEVELOPMENT CODE AND ANY OTHER ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO PERTAINING THERETO. ___________________________ Scott Moulton, Managing Member, Fall River Village Estes LLC BOARD OF TRUSTESS CERTIFICATE APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO BY A RESOLUTION ADOPTED THIS _____DAY OF ______________, 2025. __________________________________ __________________________________ Town Clerk Mayor 2929 3030 DESCRIPTION Revised 7/29/2025 Residential/Accommodation SQ FT Spaces/Unit or Persons # of Units or persons Total 8-Plex <750 1.75 8 14.00 276 Sunny Acres <750 1.5 1 1.50 Townhome Units (Excluding 274 Sunny Acres)>750 2 14 28.00 Daycare (274 Sunny Acres)1/6 15 2.50 Daycare (274 Sunny Acres) Visitor Dropoff Parking 2.00 274 Sunny Acres will likely be a daycare facility. The probable number of students would be 15 and that requires 3 parking spaces, so it has been input separately since the daycare facility will require more parking spaces. Independent Accessory Uses SQ FT/Persons Spaces/Unit Total Skyview Storage 2236 1/999 2.24 Skyview Office 2115 1/200 10.58 Total 12.81 Storage use in the facility is not being counted towards parking because it will be used by either residents of the units or employees in the office. Therefore additional spaces will not be needed for offsite users. Independent Accessory Uses Persons Spaces/Person Total Skyview Events on third floor during Office work hours 59 1/3 19.67 Skyview Events on third floor during weekends/evenings 97 1/3 32.33 Since the Skyview Center will be an office during the day, event attendees will be limited to the total number of parking spaces required on Lot 12 by including the of On the weekends/evenings, events will have attendees relative to the total number of guests without including the Skyview Office and Storage requirements. Total Accessory Spaces Required during Office work hours or during evenings/weekend events, whichever is greater. 32.48 TOTAL SPACES REQUIRED 80 Off Steet Parking 52 Garage Spaces 16 In front of garages (not including Lot 16 )14 Subtract Lot 18-Daycare garage due to use as a storage and indoor play area. -2 TOTAL SPACES PROVIDED 80 Fall River Village Townhomes PARKING CALCULATIONS Exhibit Page 1 of 1 3131 3232 Memo To: Chair Cooper & Planning Commissioners Through: Steve Careccia, Community Development Director From: Paul Hornbeck, Senior Planner Department: Community Development Date: May 19, 2025 Subject: Fall River Village II Preliminary Subdivision Plat Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Preliminary Subdivision Plat and make a recommendation to the Town Board of Trustees to approve or deny the application. Present Situation: Fall River Village consists of two separate lots that include a total 88 units and an event facility previously approved as part of a Planned Unit Development (PUD) with an underlying zoning of Commercial Outlying (CO). A PUD is a zoning overlay that allows flexibility to certain development standards. The upper, northern lot is the subject of this application and contains 24 units and the event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below-market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. 3333 Proposal: The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. Per Review Procedures and Standards of the Code, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Code section 3.2 requires the Planning Commission to 3434 review the preliminary plat and make a recommendation to the Town Board, who is the final decision-making body. The final plat is reviewed by the Town Board only. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. In accordance with Code section 3.9.E “Standards for Review”, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of the Code. 1. Lots. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) Zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 2. Setbacks. Subdividing the current single lot in multiple lots will result in different building setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 3. Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. 3535 4. Relationship to Comprehensive Plan. As an existing development, subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. 5. Geologic and Wildfire Hazard Areas. The property is outside all mapped geologic hazard areas but lies partially within a mapped high-tree wildfire hazard area. As an existing development, no additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 6. Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. The Water Division supports the application based on modifications made by the applicant to address concerns about shared water service lines, which are typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line, which runs through Lot 14 to serve Lot 13. To address these concerns, the applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. The draft covenants, conditions, and restrictions (Attachment #5) establish these easements and related access requirements and address installation of the submeter. 7. Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. 8. Improvements. No new public improvements are necessary to serve the development. 9. Compliance with Zoning Development Standards. The Code requires the layout of lots, driveways, utilities, drainage facilities be designed in a manner that minimizes the land disturbance, maximizes the amount of open space in the development, and preserves existing trees/vegetation and wildlife habitat. Since no new development is proposed, this section is not applicable. 3636 10. Limits of Disturbance. The Code requires that limits of disturbance (LOD) be established with the subdivision of land. Since no new development is proposed, this section is not applicable. 11. Streets. As an existing development, no new street improvements are warranted. 12. Sidewalks, Pedestrian Connections and Trails. EPDC Section 10.5.D requires sidewalks be provided along at least one side of any public or private street. With the PUD amendment, the applicant requests the requirement for a sidewalk along Far View Drive and/or the internal access road connecting Far View Drive and Filbey Court be waived. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. 13. Wildlife Habitat Protection. With no new development proposed, wildlife habitat protection is not applicable. 14. Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. The applicant’s architect has provided a building code analysis, which concludes various improvements are required make the buildings conforming with the building code upon the subdivision. The Town’s Building Division has reviewed the code analysis and agrees with the findings, which include: a. Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. b. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. To address these life-safety items staff recommends, and the applicant has agreed to, a condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. EPDC requires the subdivision plat be recorded within 180 days of Town Board approval. 3737 Disadvantages: None identified. Action Recommended: Staff recommends Planning Commission forward to Town Board a recommendation to approve the preliminary plat, subject to the following findings and conditions of approval: Findings: 1. The Planning Commission is the recommending body for the preliminary plat. 2. The Town of Estes Park Board of Trustees is the decision-making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3. Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5. The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1. All recommendations identified in the building code analysis (Attachment #3) shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact: The subdivision will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest; however, as of this writing no public comments have been received on this application. Any comments received will be posted to http://www.estes.org/currentapplications. In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on May 1, 2026. Notice was mailed to all 3838 required adjacent property owners on May 1, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move to forward to Town Board a recommendation of approval of the Preliminary Subdivision Plat according to findings and conditions recommended by Staff. 2. I move to forward to Town Board a recommendation of denial of the Preliminary Subdivision Plat, finding that … [state findings for denial]. Attachments: 1. Statement of Intent 2. Preliminary Plat 3. Building Code Analysis 4. Draft Street Maintenance and Use Agreement 5. Draft Covenants, Conditions, And Restrictions 3939 Fall River Village II Combined Preliminary/Final PUD Planning Commission May 19, 2026 40 Vicinity Map W ELKHORN AVE W WONDERVIEW DR 41 Site Map Subject Property Lower Property Not Included 42 Proposal •Lot Size. •Existing PUD applies Accommodations (A) zoning. •40,000 sq ft minimum lot size •Section 10.5.H.7 allows the decision maker to approve townhome lots which are smaller than the zone district minimum •Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes •Building Envelopes. •Section 10.5.H.7.d requires building envelopes be included on townhome subdivision plats. Waiver requested since project already built. 43 Proposal •Setbacks. •Townhome projects are not required to comply with building setbacks for properties internal to the project •Lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. •PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. •Setbacks to areas outside the development remain compliant with required minimums. 44 Proposal •Parking. •Minimum parking requirements are met for the residential units, daycare, and office •EPDC Section 7.11.D requires 49 parking spaces for the residential and daycare uses and 11 spaces for the office •EPDC requires a parking study for event facilities. The parking study prepared by the applicant recommends a parking ratio of one space per three event attendees. •No industry standard parking ratio for event facilities; 2-4 often per vehicle often used. •Building Code allows a maximum occupancy of 135 people, which would require 45 parking spaces using the 1:3 ratio. •Deficit of 14-25 parking stalls when applying the 1:3 ratio. •PUD includes occupant limitations of 59 people during office hours and 97 people non-office hours 45 Proposal •Parking. •Section 7.11.F requires off-street parking space be located on the same lot or parcel they serve. •With the subdivision, parking for Lots 1, 12, and 17 will be provided in the adjacent outlot/ common parking area rather than on individual lots. •As provided for in EPDC Section 7.11.G.3, staff has approved the proposed parking as an alternative to providing off-street parking spaces on site •Loading. •Section 7.11 requires off-street loading for business and professional offices, warehousing and storage, and daycare. •Waiver requested due to the size and needs of the building/uses not warranting any large trucks servicing the property. 46 Proposal •Sidewalks. •Section 10.5.D requires sidewalks be provided along at least one side of any public or private street. •Waiver requested for sidewalk along Far View Drive and/or the internal access road connecting •Sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. •Uses. •“Government office” is an allowed use under the current PUD •PUD would also include “office” as an allowed use. •“Warehousing and storage – limited” would be added to PUD to accommodate storage for residents and occupants of the office. •Clarify Special Review not required for Event Facility. 47 Advantages 1.The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; Staff comment: The PUD amendment implements the goals and policies of the Code and Comprehensive Plan by supporting workforce housing. The PUD would allow subdivision of the property to enable the sale of individual units, which EPHA indicates is necessary to provide below market rental rates on the workforce housing units. 48 Advantages 2.Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; Staff comment: There are no adverse impacts on adjacent properties anticipated with the PUD amendment. However, a shared parking lot may create challenges within the project if events incur higher parking demand than anticipated. If this becomes an issue, the HOA and/or management company would likely need address through reserved parking areas, parking permits, and/or enforcement. If vehicles are parked obstructing fire lanes, the Town and/or Fire District may need be involved in enforcement. 49 Advantages 3.The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 4.Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. 50 Advantages 5.The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 6.Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. 51 Disadvantages None Identified 52 Action Recommended Staff recommends Planning Commission forward to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: •The Planning Commission is the recommending body for the combined Preliminary/Final PUD Plan. •The Town of Estes Park Board of Trustees is the decision-making body for the combined Preliminary/Final PUD Plan. •This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. •The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: •Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. 53 Finance/Resource Impact The PUD will have little no impact on Town finances or resources. 54 Public Interest •Written notice mailed to adjacent property owners on May 1, 2026. •Legal notice published in the Estes Park Trail-Gazette on May 1, 2026. •Signs posted on property by applicant. 55 Sample Motions •I move to forward to Town Board a recommendation of approval for the combined Preliminary/Final Planned Unit Development Plan according to the findings and conditions recommended by Staff. •I move to forward to Town Board a recommendation of denial for the combined Preliminary/Final Planned Unit Development Plan, finding that … [state findings for denial]. 56 Fall River Village PLANNING COMMISSION 5/19/26 57 Property Summary Purchased October 2024 for $35M 2 Parcels ◦Lower Parcel: 65 units ◦Upper Parcel ◦14 Townhome units ◦Building with 8 1-bedroom units ◦Building with a 4-bed and a 1-bedroom ◦Skyview Received $7M of Prop 123 Equity specific to the lower parcel 58 Project Background 1.Colorado Housing & Finance Authority (CHFA) was originally engaged to purchase the property as part of the sale of the Stanley Hotel to the state 2.CHFA decided not to purchase the property as it falls outside of their business model 3.EPHA became involved with seller & CHFA regarding a potential purchase 4.EPHA purchased the property in October 2024 and began operating as workforce housing in early 2025 59 Funding Structure Sales Price: $35M Prop 123 Equity Funds from State of CO: $7M Current Loan Balance: ~$29M ◦Tax exempt bonds @ 4.8% interest rate Debt Service Reserve Fund: $2.5M Operating Reserve: $450k -Workforce Regulatory Linkage Fee was pledged to this project for 7 years -6-E Funds and Workforce Linkage Fees are initial backstops -Moral obligation from Town of EP to fund the debt service reserve if a shortfall falls below the required threshold 60 Property Goals To provide workforce housing at below market rent ◦Rental Rates currently range from 60%-80% Area Median Income (AMI) ◦Prop 123 rules contain a maximum blended income AMI of 90% for residents of the property ◦Current AMI Median: 62.14%, Mean: 69.55% To ensure the property sufficiently supports itself ◦Revenues –operating expenses –debt payment >$0 Utilize less of the funding that was pledged to the project ◦6-E and Regulatory Workforce Short Term Linkage Fee 61 How to Achieve Property Goals? At a $35M purchase price, the below market rental rates for our workforce results in an operational deficit ◦This was known upon the purchase of the property The business plan communicated in 3 Town Board presentations in summer of 2024 and a neighborhood meeting was to sell the high-value townhome units (14 units) to pay down the debt principal Subdivision creates flexibility to sell to individual unit owners or in bulk This amended PUD and subdivision is a key step in preserving as many workforce housing units at a below market rental rate as possible 62 Preservation Strategy Sell ~14 Townhome units to allow paydown of debt principal ◦This ensures that the property will not require ongoing subsidies This will Preserve: ◦Workforce rental units at below market rates at all 65 units on the lower parcel ◦Workforce rental units at below market rates for the 8-unit one bedroom building on upper parcel ◦Skyview for compatible uses for livability and quality of life for the residents of the workforce housing ◦Preserve the “Cliff House” building and explore childcare solutions ◦This is an older duplex with a 4-bedroom and 1-bedroom unit 63 Skyview & Cliff House Cliff House ◦Exploring options of Childcare facility in partnership with Town ◦Added language in PUD to allow home based childcare center Skyview ◦1st floor of Skyview intended to be used for EPHA office ◦Added Language in PUD limits capacity of Skyview as event space ◦Added Language in PUD limits the operating hours of Skyview 64 Sales Strategy Received 2 Broker Opinion of Values in March 2026 for the buildings on the upper parcel Both valuations came within 1% of one another Received on local valuation and one national commercial brokerage valuation Target is to sell 12-14 townhome units to right size the debt ◦This is a goal & what current broker opinion of value suggest 65 Conclusion & Property Goals To provide workforce housing at below market rent ◦Rental Rates currently range from 60%-80% Area Median Income (AMI) ◦Prop 123 rules contain a maximum blended income AMI of 90% for residents of the property ◦Current Tenant AMI Median: 62.14%, Mean: 69.55% To ensure the property sufficiently supports itself ◦Revenues –operating expenses –debt payment >$0 66 Supplemental Slides 67 Larimer County AMI Levels 68 69 HOA CRS 38-33.3-303(5)(a)(I) the Declaration can provide for a period of declarant control of the Board and officers. We can make the period 20 or 30 years but the Declarant Control must terminate 60 days after conveyance of 75% of the Units or two years after the last conveyance of a Unit by the Declarant in the ordinary course of business. ◦24 Units EPHA plans to retain ◦9 1-bed ◦1 4-bed ◦Skyview ◦42% if Cliff House is kept ◦33% if Cliff House is sold & 1 bed bldg. is kept 70 4071 Memo To: Chair Cooper & Planning Commissioners Through: Steve Careccia, Community Development Director From: Paul Hornbeck, Senior Planner Department: Community Development Date: May 19, 2025 Subject: Fall River Village II Preliminary Subdivision Plat Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Preliminary Subdivision Plat and make a recommendation to the Town Board of Trustees to approve or deny the application. Present Situation: Fall River Village consists of two separate lots that include a total 88 units and an event facility previously approved as part of a Planned Unit Development (PUD) with an underlying zoning of Commercial Outlying (CO). A PUD is a zoning overlay that allows flexibility to certain development standards. The upper, northern lot is the subject of this application and contains 24 units and the event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below-market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. 4172 Proposal: The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. Per Review Procedures and Standards of the Code, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Code section 3.2 requires the Planning Commission to 4273 review the preliminary plat and make a recommendation to the Town Board, who is the final decision-making body. The final plat is reviewed by the Town Board only. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. In accordance with Code section 3.9.E “Standards for Review”, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of the Code. 1. Lots. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) Zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 2. Setbacks. Subdividing the current single lot in multiple lots will result in different building setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 3. Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. 4374 4. Relationship to Comprehensive Plan. As an existing development, subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. 5. Geologic and Wildfire Hazard Areas. The property is outside all mapped geologic hazard areas but lies partially within a mapped high-tree wildfire hazard area. As an existing development, no additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 6. Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. The Water Division supports the application based on modifications made by the applicant to address concerns about shared water service lines, which are typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line, which runs through Lot 14 to serve Lot 13. To address these concerns, the applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. The draft covenants, conditions, and restrictions (Attachment #5) establish these easements and related access requirements and address installation of the submeter. 7. Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. 8. Improvements. No new public improvements are necessary to serve the development. 9. Compliance with Zoning Development Standards. The Code requires the layout of lots, driveways, utilities, drainage facilities be designed in a manner that minimizes the land disturbance, maximizes the amount of open space in the development, and preserves existing trees/vegetation and wildlife habitat. Since no new development is proposed, this section is not applicable. 4475 10. Limits of Disturbance. The Code requires that limits of disturbance (LOD) be established with the subdivision of land. Since no new development is proposed, this section is not applicable. 11. Streets. As an existing development, no new street improvements are warranted. 12. Sidewalks, Pedestrian Connections and Trails. EPDC Section 10.5.D requires sidewalks be provided along at least one side of any public or private street. With the PUD amendment, the applicant requests the requirement for a sidewalk along Far View Drive and/or the internal access road connecting Far View Drive and Filbey Court be waived. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. 13. Wildlife Habitat Protection. With no new development proposed, wildlife habitat protection is not applicable. 14. Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. The applicant’s architect has provided a building code analysis, which concludes various improvements are required make the buildings conforming with the building code upon the subdivision. The Town’s Building Division has reviewed the code analysis and agrees with the findings, which include: a. Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. b. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. To address these life-safety items staff recommends, and the applicant has agreed to, a condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. EPDC requires the subdivision plat be recorded within 180 days of Town Board approval. 4576 Disadvantages: None identified. Action Recommended: Staff recommends Planning Commission forward to Town Board a recommendation to approve the preliminary plat, subject to the following findings and conditions of approval: Findings: 1. The Planning Commission is the recommending body for the preliminary plat. 2. The Town of Estes Park Board of Trustees is the decision-making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3. Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5. The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1. All recommendations identified in the building code analysis (Attachment #3) shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact: The subdivision will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest; however, as of this writing no public comments have been received on this application. Any comments received will be posted to http://www.estes.org/currentapplications. In accordance with the notice requirements in the Code, notice of this hearing was published in the Estes Park Trail-Gazette, on May 1, 2026. Notice was mailed to all 4677 required adjacent property owners on May 1, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move to forward to Town Board a recommendation of approval of the Preliminary Subdivision Plat according to findings and conditions recommended by Staff. 2. I move to forward to Town Board a recommendation of denial of the Preliminary Subdivision Plat, finding that … [state findings for denial]. Attachments: 1. Statement of Intent 2. Preliminary Plat 3. Building Code Analysis 4. Draft Street Maintenance and Use Agreement 5. Draft Covenants, Conditions, And Restrictions 4778 Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4. Statement of Intent. All applications for a preliminary subdivision plan and ﬁnal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. (Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating proﬁt which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction 4879 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildﬁre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualiﬁcations: We acknowledge the professional qualiﬁcations required to create a report E. Wildﬁre Hazards. 1.Wildﬁre Hazard Areas. a. “Mapped Wildﬁre Hazards. Wildﬁre hazard areas shall include all those areas shown as "high-tree" ﬁre hazard areas on the Wildﬁre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” ﬁre hazard area on the wildﬁre hazard resource map “Unmapped Wildﬁre Hazards. Wildﬁre hazard areas shall also include areas located outside of the mapped wildﬁre hazard areas that are identiﬁed by the Colorado State Forest Service or the Larimer County Wildﬁre Safety Specialist, or designee, as 4980 hazardous areas” – The Property is not identiﬁed as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd ﬂoor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 5081 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 5182 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient ﬁre suppression facilities and adequate access to emergency ﬁre protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. 5283 H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signiﬁcant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ﬁts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required 5384 C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the ﬁeld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the ﬁeld. 10.4 Lots A. Lot Dimensions and Conﬁguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 5485 3. Conﬁrmed 4. Conﬁrmed B. Access: Conﬁrmed C-E. N/A F. Conﬁrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conﬁrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conﬁrm that this project will adhere to the Fire Safety Standards. 5586 F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ﬁts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the beneﬁt of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility 5687 The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses - Townhome ownership with the potential to STR -Free storage for workforce housing tenants -Office Space -Daycare -Event Space 2) The PUD largely ﬁts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be 5788 able to operate as a large wedding venue and the hours of operation will be reduced. This will be a beneﬁt to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. 5889 5990 Fall River Village Sky View Community Building 2021 IEBC/IBC Code Study Use & Occupancy Class -- Chapter 3 Existing Building: 2nd Level (rooftop deck) – A-2 1st Level A-2 Banquet Hall Basement S-1 Storage Proposed Building: 2nd Level (rooftop deck) – A-2 (assembly, no change) 1st Level B - O)ice Basement S-1 Storage & B- O)ice Height & Area Limitations -- Chapter 5 Type V-B building construction Building Area: Use Group: A-2/S-1/B Allowable area: 18,000sf (A-2 most restrictive) Upper Floor: (A-2) 2,575sf Main Floor: (B) 3,270sf Lower Level: (B/S-1) 2,690sf Total: 8,535sf Building Height: 2 Story; +/- 49’ (2 Stories/60’ max allowable)* *Due to steep slope, technically 3-stories based on grade plane – building approved as 2- story equivalent by addition of 1hr separation between Basement + Main ﬂoor (then S-1/A); not otherwise required. Building meets height and area requirements for most restrictive occupancy (A2) therefore provisions of 508.3 apply – no separation required between A2 + B. Types of Construction -- Chapter 6 Fire-resistive rating: Table 601 - Type V-B All building elements: 0 hrs Fire - Resistive Construction -- Chapter 7 Exterior walls – Revised based on new Proposed Re-Plat North Wall 0hr >10’ (to centerline of drive) South Wall 0hr >10’ West Wall 0hr >10’ ** see below for deck East Wall 0hr > 10’ – property line adjusted on plat West, North & South walls: Unlimited unprotected openings ≥ 30’ 6091 East Wall: >10’ UP S - 45% max allowable opening area (max 15% at 3rd ﬂoor) ** Projections – 705.2.3 – Projections within 5-feet of prop line must be non-combustible , ﬁre-rated or heavy timber. Property line adjusted so that deck is > 5’ 1hr Shaft enclosure at basement stair + duct chase, supporting construction protected 1hr separation between Basement + Main Floor (see Chap 5 above) Walls in lower level 1hr from inside, supporting walls in crawl not req'd to be rated Shaft enclosures: 1-hour <4 stories: Elevator shaft, basement stair enclosure + duct chase Opening Protectives: Exit access stairway enclosures: 60-minute Interior Finishes - Chapter 8 Flame Spread: A-2: Exits/Corridors: Class B Rooms + spaces: Class C Fire Protection Systems -- Chapter 9 Automatic Sprinkler systems - Full NFPA 13 system provided Fire Alarm: provided Means of Egress - Chapter 10 First Floor -- Community Hall: O)ice: 3,630sf (gross) @ 1/150 = 24 occ's Storage 90sf(gross) @ 1/300 = 1 occ's Total 25 occ’s (1 exit req’d, 2+ provided) Min component egress: 36-inches Second Floor -- Roof Deck: Deck Seating 1,985sf (net) @ 1/15 = 132 occ’s O)ice 215sf (gross)@ 1/150 = 2 occ's Storage: 145sf (gross) @ 1/300 = 1 occ's Total 135 occ’s (2 exits req’d) Total egress width: 135 * 0.2 (stairways) = 27-inches Min component egress: 44-inches Lower Level: O)ice 1,650sf (gross) @ 1/150 = 11 occ’s Storage/Mech. 740sf (gross) @ 1/300 = 3 occ’s 14 occ’s 1 exit req'd/2 provided Accessibility -- Chapter 11 Accessible route from accessible parking provided. Accessible toilet facilities provided Plumbing Systems -- Chapter 29 Change to lesser use – existing facilities more than adequate. 6192 IEBC Accessibility – Section 306 Accessible parking, accessible route to all ﬂoors (elevator) and toilet facilities provided throughout all primary function areas. Level 1 Alterations (throughout) Building Elements – Section 702 All new ﬁnishes to comply with Chapter 8 Level 2 Alterations (lower level new walls) Interior partitions only, no e)ect on life-safety Change of Occupancy (A-2/S to B) Structural 1006 – Existing building designed for 2015 IBC 70psf Snow/175mph Wind Electrical 1007 – No special occupancies Mechanical 1008 – Existing mechanical system adequate Per 1008.1 Code requires new occupancy to comply with IMC if subject to increased mechanical ventilation requirements – A to B would be a decrease – 7.5cfm/person to 5cfm/person per Table 403.3.1.1 Plumbing 1009 – Existing plumbing ﬁxtures adequate (reduction in occupant load) Drinking fountain – one existing kitchen sink (owner choice) to be provided with cup dispenser Fire protection 1011.2 – Existing ﬁre protection systems adequate Means of Egress 1011.5 – Change to lower hazard (existing egress adequate for new use) Height and Area 1011.6 – Change to lower hazard (existing acceptable) Exterior Walls 1011.7 – Equal hazard category (existing acceptable) Vertical Shafts 1011.8 – All existing vertical shafts enclosed (1hr) 6293 STREET MAINTENANCE AND USE AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ________________, 2025 by and between FALL RIVER VILLAGE ASSOCIATION, INC., a Colorado nonprofit corporation (the “Association”); and FRVT STREETS, LLC, a Colorado limited liability company (the “FRVT”). The Association and FRVT may be referred to individually as a “Party” and together as the “Parties.” DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Agreement shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Agreement as a whole and not to any particular Section; the words “include,” “including,” “includes,” and other words of similar import shall mean “including but not limited to.” In addition to the terms defined parenthetically and/or with quotation marks the following defined terms shall have the meaning herein given: A. “Common Interest Community” shall mean the Real Estate and all improvements now located or subsequently constructed thereon, except the Streets. B. “Covenants” shall mean the Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. C. “Entities” shall mean and include corporations, partnerships, limited liability companies, associations, trusts, and any other legal entity. D. “Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. E. “Lot” shall mean each Lot as described and designated on the Plat except Outlot A. F. “Occupants” shall mean Persons and Entities occupying or using any portion of a Lot or the improvements on a Lot with the consent of the Owner of the Lot. G. “Owners” shall mean the Persons and Entities having an ownership interest in a Lot. 6394 H. “Plat” shall mean the Plat of Fall River Village Townhomes recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. I. “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. J. “Rules and Regulations” shall mean rules and regulations adopted by FRVT governing use of the Streets including the parking areas as shown on the Plat. K. Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. L. “Street Maintenance” shall mean all work performed and materials supplied for the maintenance, repair, replacement, restoration, and improvement of the Streets. Recitals A. FRVT is the owner of the Streets within the Common Interest Community. B. FRVT is a wholly owned subsidiary of the Estes Park Housing Authority, a body corporate and politic organized and existing under the Colorado Housing Authorities Act (“EPHA”). EPHA its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to FRVT, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in 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 the Colorado Governmental Immunity Act. C. The Owners and Occupants must use the Streets to obtain access to the Lots. D. The Association is willing to reimburse FRVT for the reasonable costs necessarily incurred in connection with the Street Maintenance. E. It is the intent of the Parties that the Streets forever remain private and therefore nothing contained in this Agreement shall be construed to create a public street, public road, public easement, or public right-of-way. 6495 NOW THEREFORE for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the Parties agree as follows: 1. Grant of Easement. FRVT hereby grants, bargains, sells, and conveys to the Association a nonexclusive perpetual easement over, across, and upon the Streets for the purpose of providing access and utilities to each Lot for the use and benefit of the Owners and Occupants of the Lots, their heirs, personal representatives, successors, assigns, tenants, subtenants, guests, invitees, and all other Persons having a right to enter upon, use, or occupy a Lot with the express or implied permission of the Owner of the Lot. 2. Rights Reserved by FRVT. (a) FRVT hereby expressly excepts and reserves to itself and its successors and assigns a non-exclusive perpetual access and utility easements and rights-of-way over, under, across, and upon the Streets and shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, across, and upon the Streets to purchasers of Lots within the Common Interest Community. (b) FRVT shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, under, across, and upon the Streets to any Governmental Authority. 3. Street Maintenance. FRVT shall perform such Street Maintenance as may be necessary or reasonably required to maintain the Streets to a standard comparable to other streets within residential subdivisions within the Town of Estes Park. 4. Reimbursement. The Association shall reimburse FRVT for all costs and expenses incurred by FRVT in performing the Street Maintenance. Any amount due from the Association to FRVT which is not paid within thirty (30) days of the date due shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. 5. FRVT Remedies. In the event of default by the Association in the payment of any amount due to FRVT, FRVT shall have the following remedies, which shall be cumulative and shall not be exclusive of any other rights or remedies which FRVT may have under this Agreement or under applicable law: (a) Action Against Association. FRVT shall have the right to commence an action against the Association to collect any amount due to the Association, plus interest, costs, and attorney’s fees. (b) Enforce the Association Covenants. FRVT shall have the right, but not the obligation, to exercise any and all rights which the Association may have under the Covenants to collect Assessments directly from Owners, which may include, by example, and not limitation, commencing an action against Owners personally to collect the amount due to FRVT, together with interest, costs, and attorney’s fees and recording and foreclosing a lien against the Lots. The parties 6596 hereto acknowledge that the Association has the primary obligation to collect Assessments from Owners and to pay the amount due to FRVT in full. 6. Association Remedies. In the event of default by FRVT in the performance of its obligations under this Agreement, the Association shall have the right to an action for specific performance but not damages. 7. Rules and Regulations. FRVT shall have the right to adopt the Rules and Regulations. FRVT shall provide a copy of the Rules and Regulations to the Association. The Association shall be responsible for giving proper notice of the Rules and Regulations to the Owners. In the event of the violation of any of the Rules and Regulations by an Owner or his or her guests or invitees, FRVT shall have the right to assess a fine against any Owner who has or whose guests or invitees have violated the Rules and Regulations in the same manner as the Association can assess fines pursuant to the Declaration and the Association’s policies. 8. FRVT Liability. FRVT, its member, agents, and employees, shall not be liable to the Association, any Owner, Occupant, any guest, or invitee of an Owner for any damage or injury arising out of or as a result of the use of the Streets, except such damage or injury as may be caused by the gross negligence or intentional acts of FRVT, its agents or employees. All claims against FRVT, its managers, members, agents, and employees, for any damage or injury are hereby expressly waived, except such claims as are a result of gross negligence or intentional acts. The Association shall defend, indemnify, and hold harmless FRVT, its managers, members, agents, and employees, and their respective heirs, personal representatives, successors, and assigns, from and against any and all loss, cost, liability, or expense, including reasonable attorney’s fees, arising out of any claim by any Owner, Occupant, or any guest or invitee of an Owner by reason of the use or misuse of the Streets, except such claims as are a result of gross negligence or intentional acts. 9. No Partnership. The parties to this Agreement do not, in any way or for any purpose, become partners of each other, or joint venturers, or member of a joint enterprise with each other. 10. Mutual Cooperation; Good Faith. The Parties agree to cooperate each with the other to effectuate the terms and provisions of this Agreement and to execute any and all additional documents or take such additional action as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. The Parties acknowledge and agree that each Party has an obligation to act fairly, reasonably, and in good faith in exercising their rights and performing their obligations under this agreement. “Fairly” means characterized by honesty and justice; free from favoritism; fair, equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. “Reasonably” means being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment based on consideration of facts and rational arguments. “Good faith” means honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that know circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. 6697 11. Jurisdiction and Venue; Waiver of Jury. This Agreement is made and entered into in Larimer County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement shall be brought and prosecuted only in the courts of the County of Larimer, State of Colorado, and each Party waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. To the full extent permitted by law, the Parties hereby knowingly, intentionally, and voluntarily, waive, relinquish, and forever forgo the right to a trial by jury in any action or proceeding, including, without limitation, any tort action, based upon, arising out of, or in any way relating to or in connection with this Agreement and any of the related documents, the transactions which are the subject hereof, or any course of conduct, act, omission, course of dealing, statements (whether verbal or written) or actions of any person in connection with this Agreement or the related documents, including, without limitation, in any counterclaim which any Party may be permitted to assert thereunder, whether sounding in Agreement, tort or otherwise. 12. Counterpart Copies; Electronic Delivery: This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed an original, with the same effect as if the signatures were on the same instrument, and all of which, taken together shall constitute one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered by each Party to the other Parties. Delivery of this Agreement by facsimile transmission, email or other electronic means containing the signature of a Party shall be deemed delivery of an original signature. If delivery is so made electronically, the Parties agree, upon the request of either Party to exchange documents bearing the original signatures, but such exchange is not required and delivery electronically shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 13. Entire Agreement, Subsequent Modification, Forbearance. This Agreement sets forth the entire understanding between the Parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein. This Agreement may not be modified, amended, supplemented, canceled or discharged, except by written instrument executed by all Parties. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the Parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the Parties under this Agreement are in addition to all other rights and remedies, at law or equity that they may have against each other. 14. Interpretation. In the event an ambiguity or question of intent or interpretation arises, no presumptions or burdens of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement. If any word, phrase, sentence, clause, section, 6798 subsection or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement or judicial reaffirmation of the invalid provision. 15. The Association Owners’ Addresses. The Association shall provide to FRVT the names and addresses of all persons and entities having or acquiring an ownership interest in one or more Lots, within thirty (30) days after the recording of the deed or other instrument evidencing the transfer of title to the Lot. 16. Dispute Resolution. In the event the Parties cannot agree on any given issue arising under this Agreement, such issue must be submitted to mediation. The Parties must first negotiate fairly, reasonably, and in good faith to resolve their dispute for a period of 15 days before submitting the dispute to mediation. If the Parties are unable to resolve their dispute through good faith negotiations within said 15 days, then within 7 days thereafter FRVT shall list the names, contact information, and qualifications of 3 persons that FRVT would be willing to accept as a mediator, and the Association shall have 7 days to select a mediator from the list. FRVT may not list its attorney, accountant, agent, or employee. The selected mediator shall assist the Parties for a period of 7 days in an attempt to resolve their dispute. If the dispute is not resolved by Mediation within 7 days, either Party may file an action in the Larimer County, Colorado District Court to resolve the dispute. All costs and expenses of mediation shall be divided equally between the Parties. Each Party shall pay its own attorney’s fees incurred in connection with mediation. 1. Attorney’s Fees. In the event of any litigation arising out of this Agreement, the Court must award to the Party that substantially prevails in such litigation all court costs and reasonable attorney’s fees. 17. Binding Effect. The terms and provisions of this Agreement shall be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any person or entity, by accepting a deed or other instrument by which such person acquires an ownership interest in one or more Lots shall be deemed to covenant and agree to be bound by all of the terms and provisions of this Agreement. [The remainder of this page has been left blank intentionally. Signatures appear on the following page.] 6899 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation BY:___________________________________ President FRVT STREETS LLC, a Colorado limited liability company BY:___________________________________ Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of _____________________, 2025, by ________________ as President and FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: ____________________. __________________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of ___________________________, 2025, by _________________________ as Manager of FRVT STREETS LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ____________________. __________________________________ Notary Public 69100 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION (this "Declaration") is made this ____ day of _________, 2026, by FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company ("Declarant"). Recitals: A. Declarant is the owner of the real property in the Town of Estes Park, County of Larimer, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference ("Real Estate"). B. Declarant desires to create a common interest community on the Real Estate pursuant to the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time (the “CCIOA”). C. The Declarant has caused to be incorporated the Fall River Village Association, Inc., a Colorado nonprofit corporation (the “Association”) under the Colorado Revised Nonprofit Corporation Acts, C.R.S. § 7-121-101, et. seq. as it may be amended from time to time (the “Nonprofit Act”), for the purpose of exercising the functions herein set forth. ARTICLE I. SUBMISSION OF REAL ESTATE The Declarant hereby publishes and declares that the Real Estate shall be held, sold, conveyed, transferred, leased, sub-leased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the land and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Real Estate or any portion thereof, their heirs, personal representatives, successors, and assigns. ARTICLE II. DEFINITIONS For purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Declaration shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) all accounting terms not otherwise defined shall have the meanings assigned to them in accordance with Generally Accepted Accounting Principles applicable at the time; (c) all references in this Declaration to designated Sections are to the designated Sections of this Declaration, and (d) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Declaration as a whole and not to any particular Section. In addition to the terms defined parenthetically and/or with quotation 70101 marks the following defined terms shall have the meaning given in the following Sections of this Article II: Section 1: “Acts” shall mean the CCIOA and the Nonprofit Act. Section 2: “Allocated Interests” shall mean the Common Expense Liability and votes in the Association. Section 3: "Approval" or "Consent" shall mean securing the written approval or consent as required by any provision of this Declaration before doing, making, or permitting that for which such Approval or Consent is required. Section 4: “Assessments” shall mean all Assessments made for General Common Expenses together with all fees, charges, late charges, fines, interest, collection costs, court costs, and attorney’s fees incurred, and assessed by the Association against a Unit and/or the Owner of the Unit. Section 5: “Association” shall mean Fall River Village Association, Inc., a Colorado nonprofit corporation. Section 6: “Board” shall mean the duly elected Board of Directors or Executive Board of the Association. Section 7: “Buildings” shall mean all Buildings presently located on the Real Estate, including but not limited to all Buildings within which Units are located. Section 8: “Clerk and Recorder” shall mean the office of the Clerk and Recorder of the County. Section 9: “Committee” shall mean any committee established by the Board. Section 10: “Committee Member” shall mean any Person appointed by the Board to serve on a Committee. Section 11: “Common Elements” shall mean all of the Common Interest Community except the Lots and Streets. The Common Elements shall include, the Trash Enclosure, the Hot Tub, and the Landscaping all as shown on the Plat, and all other improvements on the Common Elements. Common Elements shall also include the Fire Suppression System. Section 12: “Common Expense Liability” shall mean the liability for General and Limited Common Expenses allocated to each Unit pursuant to this Declaration. Section 13: “Common Interest Community” shall mean the Real Estate, the Buildings, and all improvements now located or subsequently constructed thereon, except the Streets. 71102 Section 14: “Common Utilities” shall mean all utility pipes, wires, lines, conduits, or systems that serve more than one Unit, including but not limited to the Fire Suppression System, which Common Utilities are Common Elements. Section 15: “County” shall mean the County of Larimer, State of Colorado acting by and through its Board of County Commissioners, and all of its departments and offices. Section 16: “Declarant” shall mean FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company, its successors and assigns. Section 17: “Declaration” shall mean this Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association, including any amendments hereto. Section 18: “Director” shall mean a duly elected member of the Board. Section 19: “Exterior Door” shall mean any door that provides access to a Unit from outside of the Building within which the Unit is located. Section 20: “Fair”, “Fairly”, and similar terms shall mean characterized by honesty and justice; free from favoritism; equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. Section 21: “Fire Suppression System” shall mean the combination of devices and equipment engineered and installed and to be maintained in, on, or about the Buildings to detect and combat fires automatically, which may include smoke detectors, heat sensors, and alarm systems to respond immediately when a fire hazard is detected, deploying suppressants such as water, foam, gas (carbon dioxide or halon to remove oxygen), or dry chemical powders to halt flames and minimize damage. Section 22: “FRVT” shall mean FRVT Streets, LLC, a Colorado limited liability company organized for the sole purpose of owning and maintaining the Streets within the Common Interest Community. Section 23: “General Common Expenses” shall mean and include: (i) expenditures made and liabilities incurred by the Association to maintain, repair, replace, and improve the Common Elements, including but not limited to the Fire Suppression System; (ii) amounts owed to FRVT pursuant to the Street Agreement; and (iii) amounts allocated to the Reserve Account. Section 24: “Good Faith” shall mean honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that known circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. Section 25: “Governing Documents” shall mean the Articles of Incorporation, Bylaws, Rules, Regulations, Policies, and Procedures adopted and amended from time to time by the Association. 72103 Section 26: “Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. Section 27: “Home-Based Child Care” shall mean care for children between the ages of zero and six provided by members of a family within the family’s Unit. Section 28: “Home Occupation” shall mean a business or professional activity, including but not limited to Home-Based Child Care, conducted within a Unit by the resident of the Unit that is incidental to the primary residential use and that does not alter the Unit’s character or create significant neighborhood impacts. Section 29: “Identifying Number” shall mean a symbol or address that identifies only one Unit in the Common Interest Community. Section 30: “Individual Utilities” shall mean all plumbing lines and fixtures; heating, air- conditioning and ventilating systems and equipment; furnace and hot water heater; and electrical wires, conduits, systems, and fixtures located within a Unit commencing at the point that the Individual Utilities enter the Unit, except the Fire Suppression System which shall be a Common Element. Section 31: “Landscaping” shall mean all trees, shrubs, grass, plant materials, vegetative cover, gravel, flagstone, walkways, trails, timber staircases, block, rock, and timber retaining walls, fences, and the sprinkler systems. Section 32: “Law” shall mean any statute, code, ordinance, resolution, rule, regulation, policy, licensing requirement, or order of any Governmental Authority. Section 33: “Limited Common Expenses” shall mean reasonable costs and expenses necessarily incurred by the Owners of a Building for the maintenance, repair, replacement, restoration, and improvement of the Building if such maintenance, repair, replacement, restoration, and improvement of the Building is Approved in writing by the Owners of a majority of the votes allocated to the Units within the Building. Section 34: “Lot” shall mean each Lot as described and designated on the Plat except Outlot A. 73104 Section 35: “Member” shall mean a member of the Association. All Owners of an interest in a Unit must be Members of the Association and all Members of the Association must be Owners of an interest in a Unit. Section 36: “Mortgagee” shall mean any Person who has a Security Interest in a Lot that has provided actual written notice of such Security Interest to the Association. Recording of a mortgage, deed of trust, or other Security Interest in the office of the Clerk and Recorder shall not be considered actual written notice to the Association of a Security Interest. Section 37: “Notice” shall mean any notice required or desired to be given pursuant to this Declaration. Unless otherwise provided in this Declaration, all notices shall be in writing and may be personally delivered; posted on the main entrance to the Unit; mailed, certified mail, return receipt requested; sent by a nationally recognized, receipted overnight delivery service; or sent by electronic mail with evidence of transmission. Any such notice shall be deemed given when personally delivered or posted on the main entrance to the Unit; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by electronic mail, on the day transmitted if transmitted on a business day during normal business hours of the recipient (9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays designated by a Governmental Authority) or on the next business day if sent at any other time; or if sent by overnight delivery service, one (1) business day after deposit in the custody of the delivery service for earliest next business day delivery. The addresses and telephone numbers for the mailing, transmitting, or delivering of notices shall be as set forth in the books and records of the Association or if no address is provided to the Association by the Owner, then as set forth in the County Assessor’s records. Notices of a change of address shall be given in the same manner as all other notices as hereinabove provided. If a notice is to be given to more than one Owner, the notice shall be given to all Owners at the same time and in the same manner. The Association shall furnish to an Owner or such Owner's designee or to a holder of a Security Interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished to the Owner or holder of a Security Interest or such Owner’s designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the unit for unpaid Assessments which were due as of the date of the request. Section 38: “Officers” shall mean the President, Vice-President, Secretary, Treasurer, and such assistant officers of the Association duly appointed by the Board. Officers must be Directors. Assistant officers must be Members but need not be Directors. Section 39: “Owner” shall mean the Person who owns a Lot but does not include a Person having an interest in a Lot solely as security for an obligation. Section 40: “Party Wall” shall mean a wall within a Building that is common to two Units within the Building. 74105 Section 41: “Person” shall mean a natural person, a corporation, a partnership, a limited liability company, an association, a trust, or any other entity or combination thereof. Section 42: “Plat” shall mean the Fall River Village Townhome Subdivision Plat recorded in the office of the Clerk and Recorder on _______________, 2026, at Reception Number _______________. Section 43: “Promptly” shall mean to act as soon as Reasonably practicable under the facts, circumstances, urgency of the situation, nature of the action, availability of resources, and potential consequences of delay. Section 44: “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. Section 45: “Reasonable”, “Reasonableness”, “Reasonably”, and similar terms shall mean being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment, and consideration of facts and rational arguments. Section 46: “Reserve Account” shall mean a separate account maintained by and in the name of the Association to provide for the payment of the costs expected to be incurred by the Association in making necessary maintenance, repairs, and replacements to the Common Elements to maintain the Common Elements in good condition. Section 47: “Security Interest” shall mean an interest in real property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation. “First Security Interest” shall mean a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and Assessments made by a Governmental Authority. The recording of any document or instrument in the office of the Clerk and Recorder shall not be considered notice to the Association of any Security Interest created by the recording of such document or instrument. Section 48: “Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. Section 49: “Street Agreement” shall mean the Agreement made and entered into between the Association and FRVT for the use and maintenance of the Streets within the Common Interest Community. 75106 Section 50: “Town” shall mean the Town of Estes Park, Colorado, a municipal corporation, and all of its departments and offices. Section 51: “Unit Boundaries” shall mean the unfinished perimeter walls, floors, and ceiling of a Unit. “Unfinished perimeter walls” shall mean the studs, supports, and other wooden, metal, or similar materials that constitute the structural portion of the perimeter walls of a Unit. “Unfinished floor” shall mean the beams, floor joist, plywood deck, concrete and other similar floor decking material that constitute the structural portion of the floor of a Unit. “Unfinished ceiling” shall mean the beams, floor joists, and other structural components of the ceiling of a Unit. Section 52: “Unit” shall mean a physical portion of a Building which is designated for separate ownership, use, or occupancy. For clarification, there is one (1) Unit on each Lot except Lot 1 which has 8 Units. If any chute, flue, duct, wire, conduit, pipes, or fixtures lies partially within and partially outside of the Unit, any portion thereof serving only that Unit, shall be a Limited Common Element appurtenant to such Unit and any portion thereof serving more than one Unit or serving any portion of the Common Elements shall be a part of the Common Elements. “Unit” shall also include heating, air conditioning, and ventilation fixtures and equipment serving only that Unit and any hot water heater serving only that Unit whether such equipment is wholly within, partially within, or completely outside of the Unit Boundaries. ARTICLE III. COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Fall River Village Association. Section 2: Association. The name of the Association is Fall River Village Association, Inc. Section 3: County. The name of every county in which any part of the Common Interest Community is situated is Larimer County, Colorado. Section 5: Legal Description. A legal description of the Real Estate included within the Common Interest Community is set forth in Exhibit A attached hereto, excluding, however, the Streets. Section 6: Maximum Number of Lots and Units. The maximum number of Lots and Units that may be created within the Common Interest Community is 18 Lots and 25 Units. Section 7: Boundaries of Lots. The boundaries of each Lot are located as shown on the Plat. Section 8: Identification of Lots. The identification number of each Lot is shown on the Plat. Section 9: Subdivision of Lots and Units. Neither a Lot nor a Unit may be subdivided into two (2) or more Lots or Units. 76107 Section 10: Allocated Interests. The Common Expense Liability shall be allocated among the Units based on the number of square feet within the Unit, and votes in the Association shall be allocated equally among the Units, one (1) vote for each Unit. Section 11: Recording Data. All easements and licenses to which the Common Interest Community is presently subject are set forth on the Plat. In addition, the Common Interest Community is subject to other easements or licenses granted by the Declarant pursuant to the terms of this Declaration. Section 13: Common Elements. The Common Elements consist of the entire Common Interest Community except the Units and the Streets, but specifically including the Fire Suppression System. No Common Elements may be conveyed to any person or entity other than the Owners. ARTICLE IV. ASSOCIATION Section 1: Membership. Every Owner of a Lot shall be a Member of the Association. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Lot. ownership of a Lot shall be the sole qualification for membership. In the event a Lot is owned by two or more Persons, all such Owners shall be jointly and severally liable for performance of and compliance with all of the terms, covenants, conditions, and restriction contained in this Declaration and the Governing Documents. Section 2: Nonprofit. The Association does not contemplate pecuniary gain or profit to the Members and the specific purposes for which it is formed are as follows: (a) to operate the Common Interest Community; (b) to promote the health, safety, welfare, and common interests of the Owners of Units; and (c) to do any and all permitted acts, and to have and exercise any and all powers, rights, and privileges which are granted to Association under the laws of the State of Colorado, this Declaration, and the Governing Documents. Section 3: Voting Rights and Assignment of Votes. The Owner(s) of each Unit shall have one (1) vote on all matters submitted to the Members for approval. The effective date for assigning votes to Units created pursuant to this Declaration shall be the date on which this Declaration is recorded in the Clerk and Recorder’s Office. Section 4: Powers and Authority. The Association shall have all of the powers, authority, and duties necessary to manage the business and affairs of the Common Interest Community. Section 5: Powers of the Board. The Board shall act in all instances on behalf of the Association. The Board shall have, subject to the limitations contained in this Declaration and the Acts, all of the powers and duties necessary for the administration of the affairs of the Association and the Common Interest Community, which shall include, by example and not limitation, the following: (a) Adopt and amend Bylaws. 77108 (b) Adopt and amend Rules, Regulations, Policies, and Procedures, including by example and not limitation rules and regulations governing use of the Common Elements and policies for collection of unpaid Assessments, enforcement of violations of this Declaration, and/or the Governing Documents, and inspection and copying of Association records. (c) Adopt and amend budgets for revenues, expenditures, and reserves. (d) Collect General Common Expense Assessments from Owners. (e) Hire and discharge Managers. (f) Hire and discharge independent contractors, employees, and agents, other than Managers. (g) Institute, defend, or intervene in litigation or administrative proceedings affecting the Association or seek injunctive relief for violation of this Declaration or the Governing Documents in the Association's name and on behalf of the Association. (h) Make contracts and incur liabilities, including but not limited to the Street Agreement. (i) Acquire, hold, encumber, and convey in the Association's name, any right, title, or interest in or to real or personal property. (j) Impose a reasonable charge for late payment of General Common Expense Assessments and levy a reasonable fine for violation of this Declaration or the Governing Documents. (k) Impose a reasonable charge for the preparation and recordation of supplements or amendments to this Declaration and for statements of unpaid Assessments. (l) Provide for the indemnification of the Directors, Officers, and Committee Members and maintain directors' and officers' liability insurance. (m) Assign the Association's right to future income, including the right to receive General Common Expense Assessments, but only upon the affirmative vote or agreement of the Owners of Units to which at least 70% of the votes are allocated. (n) Grant easements to Governmental Authorities over, under, across, upon, and through the Common Elements as necessary to serve the Common Interest Community. (o) Exercise any other powers conferred by this Declaration and the Governing Documents. (p) Exercise any other power that may be exercised in the State of Colorado by a legal entity of the same type as the Association. 78109 (q) Exercise any other power necessary and proper for the governance and operation of the Association. (r) By resolution, establish permanent and standing Committees consisting of one or more Directors and such additional Members to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the Committee. All Committees established by the Board shall maintain and publish notice of their actions to Owners and Directors. Actions taken by any Committee may be appealed to the Board by any Owner within 30 days of publication of a notice of a decision of the Committee. If an appeal is made, the Committee's action must be ratified, modified, or rejected by the Board at its next regular meeting. Section 6: Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver, a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at such meeting a majority of all Owners (not just a majority of Owners present at the meeting) reject the budget, the budget is ratified whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 7: Reserve Account. The Association shall establish and maintain a Reserve Account based on a reserve study to be performed periodically but no less frequently than every five (5) years. ARTICLE V. ASSESSMENT FOR GENERAL COMMON EXPENSES Section 1: Obligation of Owners for General Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Unit by acceptance of a deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the General Common Expense Assessments imposed by the Association. Such Assessments, including fees, charges, late charges, attorney's fees, fines, and interest, charged by the Association shall be the obligation of the Owner at the time the Assessment or other charges become due. If a Lot is owned by two or more Persons, all of the Owners of the Lot shall be jointly and severally liable for all Assessments made against the Lot. The obligation an Owner to pay any past-due sums due the Association shall not pass to a successor in title unless expressly assumed by such successor. Section 2: Amount of Assessment. The amount of the Assessment for the estimated General Common Expenses that must be paid by the Owner of each Lot shall be determined by dividing the total estimated General Common Expenses by a fraction the numerator of which shall be the square footage within the Unit(s) on the Lot and the denominator of which shall be the total number of square feet within all Units within the Common Interest Community. 79110 Section 3: Date of Commencement of Annual Assessments; Due Dates. Annual Assessments shall commence as to all Lots on the first day of the month following the recording of this Declaration in the Clerk and Recorder’s records. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The Board may, at its discretion, permit annual Assessments to be payable in equal monthly or quarterly installments. Section 4: Owner's Negligence. Notwithstanding anything to the contrary contained in this Declaration in the event that the need for maintenance or repair of the Common Elements is caused by the willful or negligent act, omission, or misconduct of any Owner or by the willful or negligent act, omission, or misconduct of any member of such Owner's family or by a guest, invitee, employee, agent, contractor, or subcontractor of such Owner or any tenant or member of a tenant's family, the costs of such repair and maintenance shall be the obligation of such Owner, and any costs, expenses, and fees incurred by the Association for such maintenance, repair, or reconstruction shall be added to and become part of the Assessment to which such Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this Declaration. A determination of the willful or negligent act, omission, or misconduct of any Owner or any member of an Owner's family or a guest, invitee, employee, agent, contractor, or subcontractor of any Owner or tenant or member of a tenant's family and the amount of the Owner's liability therefore shall be determined by the Board after notice to the Owner and the right to be heard before the Board in connection therewith. ARTICLE VI. LIEN FOR NONPAYMENT OF GENERAL COMMON EXPENSES Section 1: Lien. All Assessments made or imposed by the Association against a Lot and the Owner of the Lot shall be a continuing lien upon the Lot upon which the Lot against which such Assessments are made or imposed is located. A lien under this Section is prior to all other liens and encumbrances on a Lot, except: (1) liens and encumbrances recorded before the recordation of this Declaration; (2) a First Security Interest in the Lot recorded before the date on which the General Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental Assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien. If the Assessments are payable in installments, each installment is a lien form the time it becomes due. Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation of any claim or notice of lien for Assessments is required. Section 2: Interest, Late Fees, Costs and Attorney’s Fees. Any Assessment provided for in this Declaration or any monthly or other installment thereof which is not fully paid within thirty (30) days after the date due shall bear interest at a rate determined by the Board. In addition, the Board may assess a late charge thereon. Any Owner who fails to pay any Assessment shall also be obligated to pay the Association, on demand, all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent amount. The total amount due to the Association shall constitute a lien on the defaulting Owner's Lot. The Association may bring an action, at law or in equity, or both, against any Owner obligated to pay any amount due to the Association or any monthly or other installment thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the 80111 Association against a delinquent Owner to recover a money judgment for unpaid amounts due to the Association or monthly or other installments thereof may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien. Section 3: Limitation of Lien. A lien for Assessments shall remain valid and enforceable for a period of 6 years after the Assessment becomes due. Section 4: Appointment of Receiver. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the Court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending action. The Court may order the receiver to pay any sums held by the receiver to the Association during the pending action to the extent of the Association’s Assessments. Section 5: Foreclosure. The Association’s lien for unpaid Assessments may be foreclosed in like manner as a mortgage against real estate. ARTICLE VII. RESTRICTION ON USE Section 1: Exterior Improvements. No exterior additions to, exterior alterations of, or exterior decoration of a Building, a Lot, a Unit, or the Common Elements shall be made unless approved in writing by the Board. Without limiting the generality of the foregoing, nothing shall be kept or stored within or upon the Lots or Common Elements and nothing shall be placed on or in the windows or doors of a Unit which create an unsightly appearance from the exterior of such Units. Section 2: Violation of Laws. Nothing shall be done or kept in any Unit, on a Lot, or on the Common Elements, or any part thereof, which would be in violation of any Law. A violation of any Law, including but not limited to violation of the Town Municipal Code or the Town Development Code, shall be a violation of this Declaration. Section 3: Damage to Common Elements. No damage to the Common Elements, or any part thereof, shall be committed by an Owner or any agent, employee, guest, or invitee of an Owner, and each Owner shall indemnify, hold harmless, and reimburse the Association and all other Owners from and against all loss, cost, expense and liability arising out of, as a result of, or in connection with any and all damage caused by such Owner, his agents, employees, guests, or invitees. Section 4: Nuisance. No noxious or offensive activity shall be conducted within any Unit, on any Lot, or on the Common Elements which unreasonably interferes with the then existing use of any other Unit. No activity shall be conducted within any Unit, on a Lot, or on the Common Elements which is or might be unsafe, unsightly, unhealthy, or hazardous to any person. Section 5: Use. All Units shall be used solely for residential purposes, except the Units Located on Lots 12 and 18 which may be used for offices, Home-Based Child Care, and other business or commercial uses as permitted by applicable Laws. Home Occupations shall be permitted subject to compliance with Section 5.2.B.2.d(1) of the Estes Park Code pertaining to 81112 Home Occupations as it may be amended. Without limiting the generality of the foregoing, Home Occupations must comply with the following restrictions: (a) Home Occupations must be approved by the Board. (b) A Home Occupation shall not exceed twenty percent (20%) of the floor area of the Unit in which the Home Occupation is located, excluding garage space. This size/area requirement does not apply to Home-Based Child Care. (c) No one other than a resident of the Unit shall be employed on site, report to work at the site, or pick up supplies or products on site in the conduct of a Home Occupation. This prohibition also applies to independent contractors. Home-Based Child Care shall be exempt from this requirement. (d) There shall be no stock-in-trade other than products fabricated by artists and artisans. (e) A Home Occupation shall be conducted entirely within a Unit and not within a parking area. Outdoor play areas are permitted in conjunction with Home-Based Child Care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. (f) Vehicle or equipment sales, rentals, or repairs shall not be conducted as a Home Occupation. (g) Personal and professional services must be provided on an appointment-only basis. (h) No Home Occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale, or sold within the Unit except by prior appointment. (i) There shall be no advertising of the address of the Home Occupation that results in attracting persons to the Unit. (j) There shall be no electrical or mechanical equipment not normally found in a residential structure added to the Unit to accommodate the Home Occupation. The Association may adopt additional Rules and Regulations further restricting the use of the Units. Section 6: Signs. No signs shall be installed or permitted to remain on the exterior of any Lot, Building, or Unit or on the interior of a Unit if such sign is visible from the exterior of the Unit unless such sign is approved in writing in advance by the Board. No sign shall be installed on the Common Elements without the prior, written approval of the Board. One (1) for sale or for rent sign may be placed on a Lot or in the window of a Unit to be visible from the exterior of the Unit. 82113 Section 7: Antennae and Satellite Dishes. No antennae or satellite dishes shall be installed on the roof of a Building, the exterior of any Unit, or the Common Elements without the prior, written approval of the Board. Section 8: Restrictions on Leasing. All leases made and entered into by an Owner after the recording of this Declaration shall be in writing and shall provide that the tenant shall comply in all respects with all of the provisions of this Declaration and the Governing Documents, and that any failure by the tenant to comply with the terms and provisions of this Declaration or the Governing Documents shall be a default under the lease. The Board may require information forms to be completed and security deposits to be made by tenants. Copies of all leases made and entered into by an Owner after the recording of this Declaration shall be provided to the Board prior to commencement of occupancy by the tenant if requested by the Board. The Board may require the insertion of particular provisions in any lease made and entered into by an Owner after the recording of this Declaration. After notice and an opportunity for hearing, the Board may require an Owner to evict any tenant whose lease was made and entered into by an Owner after the recording of this Declaration and who has violated any provision of this Declaration or the Governing Documents and if the Owner fails to commence eviction proceedings with the appropriate court within 30 days after the decision of the Board, then the Board shall have the right, but not the obligation, to evict the Tenant and assess the cost as a special assessment against the Unit and the Owner. ARTICLE VIII. ALTERATION OF UNITS; EASEMENTS FOR ENCROACHMENTS Section 1: Party Walls. An easement shall be and is hereby established on the Lots for all Party Walls. To the extent not inconsistent with the provisions of this Declaration, the general rules of law in Colorado regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls. Each Owner shall be responsible for the reasonable maintenance and care of that portion of a Party Wall located on such Owner’s Property. No Owner shall undertake any work on such Owner’s Lot if such work would jeopardize the soundness or safety of the Party Wall, reduce the value thereof, or impair this Party Wall Easement without the consent of the other Owner. If a Party Wall is destroyed or damaged by fire or other casualty, either Owner may restore the Party Wall, and the other Owner shall contribute such Owner’s proportionate share of the cost of such restoration. Restoration of the damaged Party Wall shall be to substantially the same condition as existed prior to the damage. Nothing herein contained shall prejudice the right of either Owner to require a larger contribution from the other Owner based upon the negligence or willful acts or omissions of such Owner, or such Owner’s family members, tenants, guests, or invitees. An Owner may act without obtaining prior consent of the other Owner in emergency situations. After acquiring an adjoining Unit, an Owner may remove or alter any intervening Party Wall or create openings or apertures therein, if such acts do not impair the structural integrity, electrical or mechanical systems, or lessen the support of any portion of the Building. Removal of a Party Wall under this Section is not an alteration or relocation of Lot boundaries. Notwithstanding the combination of two Units, the resulting Unit shall nonetheless continue to be considered two Units for Voting purposes. Section 2: Alteration of Units. An Owner may make any improvements or alterations to the interior of such Owner’s Unit that do not impair the structural integrity, the electrical or 83114 mechanical systems, or lessen the support of any portion of the Building. Section 3: Encroachments. A valid easement shall exist for the following encroachments and for the maintenance of the same: (a) in the event that any portion of a Unit encroaches upon any adjacent Lot or Lots; or (b) in the event that any portion of a Unit encroaches upon the Common Elements; or (c) in the event any encroachment shall occur in the future as a result of settling of a Building or repair or restoration of the Building or an adjacent Unit after damage by fire or other casualty or condemnation or eminent domain proceedings. In the event that any one or more of the Units or a Building are partially or totally destroyed and are then rebuilt or reconstructed in substantially the same location, and as a result of such rebuilding, any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall exist. Such encroachments and easements shall not be considered or determined to be encumbrances, either on the Common Elements or on the Lots, for purposes of marketability of title or other purposes. In interpreting any and all provisions of this Declaration, subsequent deeds to, and/or mortgages of Lots, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved, or encumbered, notwithstanding any minor deviations, either horizontally or laterally from the locations of such Units indicated on the Plat. Section 4: Blanket Easement. There is hereby created a blanket easement upon, across, over, and under the Lots for ingress and egress to and from each Unit from the Streets and for installing, replacing, repairing, and maintaining all Common Elements, including the Buildings, the Fire Suppression System, and all utilities such as water, sewer, gas, telephone, electricity, and television. By virtue of this easement, it shall be expressly permissible for the providing of electrical, telephone and/or television wires, circuits, and conduits on, above, across, and under the roof and exterior walls of the Units. No sewer lines, electrical lines, water lines, or other utilities may be installed or relocated on the Real Estate, except as initially installed or as subsequently approved by the Board and for the installation by the Declarant of submetering of the water line for the two Units on Lot 17 and for the Units on Lot 13 and 14. The Association, its officers, agents, employees, and assigns, shall have the right to make such use of the Common Elements as may be reasonably necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration. Section 5: Emergency Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Real Estate in the performance of their duties. Section 6: Fire Suppression System: There is hereby created a blanket easement upon, over, under, across, in, and through the Buildings and all Units for the purpose of installing, replacing, repairing, maintaining, and improving the Fire Suppression System. ARTICLE IX. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION No labor performed or materials furnished and incorporated in a Unit or on a Lot with the consent of or at the request of the Owner thereof, such Owner’s agents, contractors, or subcontractors, shall be the basis for filing a lien against the Unit or Lot of any other Owner not 84115 expressly consenting to or requesting the same or against the Common Elements. Each Owner shall indemnify and hold harmless all other Owners and the Association from and against all liability arising from the claim of any lien against the Unit or Lot of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in the Owner's Unit or Lot at such Owner's request. Notwithstanding the foregoing, any Mortgagee of a Lot who shall become the Owner of such Lot pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall be under no obligation to indemnify and hold harmless any other Owner or the Association against liability for claims arising prior to the date such Mortgagee becomes an Owner. ARTICLE X. RESERVATION FOR ACCESS, MAINTENANCE, REPAIR, AND EMERGENCIES Section 1: Access to Units. The Association shall have the irrevocable right to be exercised by the Association's Board, Officers, managing agent, employees, and contractors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the Common Elements, including but not limited to the Fire Suppression System, therein or accessible therefrom or at any hour for making emergency repairs, maintenance, or inspection therein necessary to prevent damage to the Common Elements, including but not limited to the Fire Suppression System, and/or to another Unit. Section 2: Damage to Unit. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the insistence of the Association shall be a General Common Expense; provided, however, that if the damage is caused by the negligent or tortuous acts of an Owner, such Owner’s agents, employees, invitees, or tenants, then such Owner shall be responsible and liable for all of such repair and the cost thereof shall become said Owner's obligation, which shall be timely paid. Said obligation shall be an Assessment against said Owner and such Owner’s Unit and shall be subject to the provisions for collection elsewhere herein provided. All damaged improvements shall be restored substantially to the extent reasonably practical to the same condition in which they existed prior to the damage. All maintenance, repairs, and replacement of the Common Elements, whether located inside or outside of the Units, shall be the General Common Expense of all of the Owners (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). However, the Association shall not be obligated to seek redress for damages caused by a negligent Owner, and this covenant shall not abrogate the insurance provisions of this Declaration. ARTICLE XI. MAINTENANCE RESPONSIBILITY Section 1: Maintenance of the Units. (a) For maintenance purposes, an Owner shall maintain and keep in good repair and condition at all times such Owner’s Unit, which shall include by example and not limitation, all improvements within the Unit Boundaries, the windows and Exterior Doors, including window and door casings; the interior non-supporting walls, floors, and ceilings of the Unit; the materials such as, but not limited to, plaster, gypsum drywall, paneling, wallpaper, paint, ceiling, wall and floor tile 85116 and flooring, carpet, and other materials which make up the finished surfaces of the interior of the Unit Boundaries; interior doors; exterior shutters, awnings, window boxes, storm doors, storm windows, patio doors, if any, appurtenant to each Unit; exterior heating, ventilating, or air conditioning fixtures and equipment serving the Unit; and all other fixtures and equipment designated to serve the Unit but located outside of the Unit Boundaries of such Unit. All maintenance, repairs and replacements of Exterior Doors, exterior windows and all other fixtures, equipment and surface materials visible from the exterior of a Unit shall be of substantially the same architectural style, design, color, material, and quality as existed immediately prior to the maintenance, repair or replacement. (b) An Owner shall also maintain and keep in good repair at all times all Individual Utilities appurtenant to such Owner’s Unit commencing at the point that the Individual Utilities enter the Unit. An Owner shall not be deemed to own and shall have no obligation to maintain or repair any Common Utilities running through such Owner’s Lot or Unit, which Common Utilities are Common Elements to be maintained by the Association. Common Utilities shall not be disturbed or relocated by an Owner without the prior written consent and approval of the Board. An Owner shall do no act or work that will impair the structural soundness or integrity of the Building in which the Unit is located or impair the proper functioning of the Common Utilities, or impair any easement. Section 2: Maintenance of the Buildings. The Owners of the Lots upon which a Building is located shall have the duty, obligation, and responsibility of maintaining, repairing, restoring, improving, and replacing the Building located on their Lots, except to the extent that an Owner is required to maintain such Owner’s Unit as provided in Section 1 of this Article XI. The costs of maintenance and repair of the Building shall be Limited Common Expenses and shall be allocated among the Owners of the Units within the Building in the same manner as General Common Expenses are allocated, pro rata based on the square footage of each Unit within the Building (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). Buildings must be maintained, repaired, restored, improved, and replaced to standards established by the Board. (a) Limited Common Expenses. It shall be the duty of each Owner of a Unit within a Building to pay such Owner’s proportionate share of all Limited Common Expenses allocated to such Unit. Unpaid Limited Common Expenses shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. In addition, any Owner who fails to pay such Owner’s proportionate share of the Limited Common Expenses when due (“the Defaulting Owner”) shall be obligated to pay all costs and expenses, including reasonable attorney’s fees, incurred by the non-defaulting Owner(s) of Units within the Building in collecting any delinquent Limited Common Expenses. The total amount due from the Defaulting Owner, including unpaid Limited Common Expenses, interest, costs, and attorney’s fees, shall be a lien on the Defaulting Owner’s Lot which lien may be enforced by the non-defaulting Owners of Units within the Building in the same manner as the lien for General Common Expenses may be enforced as provided in Article VI of this Declaration. (b) Right to Maintain. Any Owner of a Unit in a Building shall have the right, but not the obligation, to maintain, repair, renovate, and improve the Building, and shall pay all 86117 costs and expenses incurred as a result of any maintenance, repair, renovation, or improvement of the Building, except to the extent that such costs and expenses are Limited Common Expenses. ARTICLE XII. ADDITIONS, ALTERATIONS, AND IMPROVEMENTS TO GENERAL COMMON ELEMENTS Except for regularly scheduled maintenance, repair, or replacement of the Common Elements and except in the event of an emergency, there shall be no capital additions, alterations, or improvements of or to the Common Elements made by the Association requiring an expenditure in any calendar year in excess of an amount equal to twenty-five percent (25%) of the Association's then-current annual budget except by vote of Owners of Units to which 67% or more of the votes in the Association are allocated who are present in person or by proxy at a meeting called for such purpose at which a quorum is present. The limitations set forth above shall not apply to repair in the event of damage, destruction, or condemnation. ARTICLE XIII. INSURANCE Section 1: Liability Insurance. The Association shall maintain public liability and property damage insurance in such limits as the Board may from time to time determine. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance, and other use of the Common Elements. Said policy shall also contain a “severability of interest” endorsement. Coverage under such policy shall include, without limitation, legal liability of the Association for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Common Elements and legal liability arising out of lawsuits related to employment contracts of the Association. If required by a first Mortgagee or an insurer or guarantor of a first mortgage, such insurance shall also include protection against such other risks as are customarily covered with respect to s similar in construction, location, and use. Section 2: Worker's Compensation Insurance. The Association shall maintain worker's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 3: Officers' and Directors' Insurance. To the extent such insurance can be obtained at reasonable cost, the Association shall maintain blanket fidelity bonds for all officers, directors, and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. If the managing agent has the responsibility for handling or administering funds of the Association, the managing agent shall be required to maintain fidelity bond coverage for its officers, employees, and agents handling or responsible for funds of or administered on behalf of the Association. Such fidelity bonds shall name the Association as an obligee and shall be in such amount as may be determined by the Board. Such bonds shall contain waivers by the issuers thereof of all defenses based upon the exclusion of persons serving without compensation from the definition of employees or similar terms or expressions. The premiums on all bonds required hereunder, except those maintained by the managing agent, shall be paid by the Association as a General Common Expense. 87118 ARTICLE XIV. AMENDMENT Section 1: Amendment by Declarant. The Declarant may amend this Declaration without the consent or approval of the Owners or Mortgagees to correct clerical, typographical, or technical errors; to comply with applicable Laws; or to comply with technical requirements, standards, or guidelines of recognized secondary lenders. Section 2: Amendment by Association. This Declaration may be amended or terminated by vote or agreement of Owners of Units to which 67% or more of the votes in the Association are allocated. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any Officer of the Association designated for that purpose or, in the absence of such designation, by the president of the Association. The expenses associated with preparing and recording an amendment to this Declaration shall be a General Common Expense. No action to challenge the validity of an amendment to this Declaration may be brought more than one (1) year after the amendment is recorded. ARTICLE XVI. GENERAL PROVISIONS Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court must award to the party that substantially prevails in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the court costs and reasonable attorney's fees incurred by the party that substantially prevails in such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 2: Duration. this Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein. Section 3: Management of the Common Areas. The Association may obtain and pay for the services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation, and maintenance of the Common Elements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 4: Conflict. In the event of any conflict between the terms and provisions of the Acts and the terms and provisions of this Declaration, the terms and provisions of the Acts shall 88119 control. In the event of any conflict between the terms and provisions of this Declaration and the terms and provisions of any other Governing Document, the terms and provisions of this Declaration shall control. Section 5: Time. In computing any period of time prescribed or allowed by this Declaration, the date of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday as declared by a Governmental Authority. For purposes of this Declaration, a day shall end at 5:00 P.M. Section 6. No Right of Action Against the Association or Board. No person shall obtain by virtue of this Declaration any right or cause of action against the Association or the Board arising as a result of the enforcement or lack of enforcement of this Declaration. Section 7. Disclaimer Regarding Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Common Interest Community that are designed to make occupying the Common Interest Community more secure than it otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within or around the Common Interest Community, nor shall any of them be held liable for any loss or damage by reason of failure to provide security or by reason of the ineffectiveness of any security measures that might be undertaken. No representation or warranty is made that any fire suppression system, burglar alarm system, or other security system cannot be compromised or circumvented, or that any such systems or security measures undertaken will in any case prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform all of such Owner's tenants, guests, and invitees of the terms of this Section 7. Further, each Owner expressly agrees that he or she assumes all risks of loss or damage to persons and to property resulting from the acts or omissions of third parties. Section 8. Disclaimer Regarding Naturally Occurring Radioactive Material Disclosure And Release. In certain locations above average levels of naturally occurring radioactive material ("NORM") have been detected. Declarant has not made, nor does this Declaration make or contain, any representation or warranty, express or implied, concerning the presence, absence, or level of NORM in the soil beneath or adjacent to the Building. Section 9. Disclaimer Regarding Radon. The United States Environmental Protection Agency (the '"EPA'') has detected elevated levels of naturally occurring radon gas in certain structures throughout Colorado and the EPA has voiced concerns about the possible adverse effects on human health from long term exposure to high levels of radon gas. Neither the Association nor the Declarant is qualified to evaluate all aspects of this very complex and constantly changing issue. Any Owner may conduct such Owner’s own investigation and consult with such experts as the Owner deems appropriate in order to determine the level of radon gas in such Owner’s Unit, and to determine any mitigation the Owner desires to implement at the Owner's sole cost, risk and expense. Owners acknowledge that the Association is under no obligation with respect to the radon gas levels detected in the Owner’s Unit and nothing contained herein shall create or be interpreted as a representation or warranty, express or implied, 89120 concerning the presence or absence of radon in the soils beneath or adjacent to the Buildings. Each Owner hereby releases the Association and the Declarant from any and all liability with respect to the matters discussed in the foregoing disclosure. Section 10. Disclaimer Regarding Mold Related Hazards. The presence of some types of mold may cause health problems in certain individuals. The Owners acknowledge that neither the Declarant nor the Board shall be responsible for the potential or actual existence of mold contamination in a Unit, or any resulting injury. All Owners with concerns about the likelihood of mold in a Unit and the potential impacts of mold are directed to the mold informational pamphlets maintained by the EPA for additional information regarding mold. Section 11. Governmental Immunity. Estes Park Housing Authority is a body corporate and politic organized and existing under the Colorado Housing Authorities Act, its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to Declarant, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Declaration shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. Section 12: Good Faith. All decisions to be made and all actions to be taken pursuant to the terms and provisions of this Declaration and the Governing Documents shall be made and taken Fairly, Reasonably, and in Good Faith. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. FALL RIVER VILLAGE ESTES LLC, a Colorado limited liability company By: Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, its sole member By: Scott L. Moulton, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) 90121 The foregoing instrument was acknowledged before me this ____ day of _________, 2026, by Scott L. Moulton, Executive Director of Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, sole member of FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public 91122 Fall River Village II Preliminary Plat Planning Commission May 19, 2026 123 Vicinity Map W ELKHORN AVE W WONDERVIEW DR 124 Site Map Subject Property Lower Property Not Included 125 Proposal126 Proposal Lot 1 Lot 12 Lot 17 127 Advantages Lots. •PUD states Accommodations (A) Zoning standards apply •Minimum lot size 40,000 square feet; •All proposed lots are less than 40,000 square feet. •Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. •Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. The PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 128 Advantages Setbacks. •Townhome projects are not required to comply with setbacks for properties internal to the project •Lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. •The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 129 Advantages Density. •No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. Relationship to Comprehensive Plan. •Subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. Geologic and Wildfire Hazard Areas. •Located outside all mapped geologic hazard areas •Partially within a mapped high-tree wildfire hazard area •No additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 130 Advantages Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. Water Division: •Concerns addressed regarding shared water service lines •Shared lines typically not allowed due to potential complications with maintenance and billing. •Lots 13 and 14 share a water meter and service line •Applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. 131 Advantages Orientation of Land Uses. •The proposed subdivision will not alter the orientation of land uses. Improvements. •No new public improvements are necessary to serve the development. Compliance with Zoning Development Standards. •Standards on minimizing land, wildlife, and vegetation disturbance and maximizing open space are not applicable since no new development is proposed •Limits of Disturbance. •N/A 132 Advantages Sidewalks, Pedestrian Connections and Trails. •PUD requests waiver to requirement for a sidewalk along Far View Drive and/or the internal access road connecting. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Wildlife Habitat Protection. •N/A 133 Advantages Building Code. •Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. •Building code analysis: •Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. •Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. •Staff recommends condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. 134 Disadvantages None Identified 135 Action Recommended Staff recommends Planning Commission forward to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: •The Planning Commission is the recommending body for the combined Preliminary/Final PUD Plan. •The Town of Estes Park Board of Trustees is the decision-making body for the combined Preliminary/Final PUD Plan. •This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. •The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: •Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. 136 Finance/Resource Impact The PUD will have little no impact on Town finances or resources. 137 Public Interest •Written notice mailed to adjacent property owners on May 1, 2026. •Legal notice published in the Estes Park Trail-Gazette on May 1, 2026. •Signs posted on property by applicant. 138 Sample Motions •I move to forward to Town Board a recommendation of approval for the combined Preliminary/Final Planned Unit Development Plan according to the findings and conditions recommended by Staff. •I move to forward to Town Board a recommendation of denial for the combined Preliminary/Final Planned Unit Development Plan, finding that … [state findings for denial]. 139