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HomeMy WebLinkAboutPACKET Town Board 2026-06-23 Part 3 of 4 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Trevor Wittwer, PE, Town Engineer Department: Public Works Department Date: June 23, 2026 Subject: Resolution 76-26 Change Order for Fall River Trail Final Segment Design with Otak, Inc., $21,606 – Budgeted Type: Resolution Objective: Public Works staff seek Town Board approval for a change order with Otak, Inc. for the final design of Fall River Trail. The proposed project is grant-funded and budgeted. Present Situation: The Fall River Trail has one remaining segment to complete the entire trail system. Otak has been the design consultant on the Fall River Trail project since 2015. The additional cost and scope of work is due to the delay in grant funding for this project. Due to the delay, updated specifications were created in 2026 and multiple permits and reports relating to environmental items expired and needed additional effort to renew. Proposal: Public Works staff propose approval of the contract change order with Otak, Inc. for final design of the Fall River Trail final segment in an amount of $21,606, inclusive of labor and expenses. Advantages: • Allows Public Works staff to advertise the final segment for bid in 2026 • All improvements will also ensure full compliance with Americans with Disabilities Act (ADA) standards to ensure access for users of all abilities. Disadvantages: • This project represents an investment of Town resources, both financial and staff time; however, Town staff have robust experience managing this type of project, and grant funding has been secured for the construction. Action Recommended: Public Works staff recommend approving the contract change order with Otak in the amount of $21,606. This would bring the total contract amount with Otak to $321,045. Finance/Resource Impact: Current Impact: The additional $21,606 will come from 24404035-536600 (FRTR43), $4,185,787 available budget as of May 29, 2026. Level of Public Interest: Public Works staff anticipate low interest in the final design of this project, beyond the adjacent property owners. Sample Motion: I move for the approval/denial of Resolution 76-26 Attachments: 1. Resolution 76-26 2. Change Order with Otak, Inc. for Fall River Trail Final Segment 3. Otak, Inc. Proposal RESOLUTION 76-26 APPROVING A CHANGE ORDER WITH OTAK, INC. FOR ENGINEERING AND DESIGN SERVICES WHEREAS, the Town Board wishes to amend a professional services contract referenced in the title of this resolution for final design of the Fall River Trail Final Segment with Otak, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the change order referenced in the title of this resolution in substantially the form now before the Board in the amount of $21,606 for this design project. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Attachment 2 371 Centennial Parkway, Suite 210, Louisville, Colorado 80027  Phone (503) 287-6825  otak.com May 29, 2026 Trevor Wittwer, PE Public Works Department Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Re: Fall River Trail (Final Segment) - Construction Documents Additional Services Request #2 Dear Trevor: Otak appreciates the opportunity to continue to work with the Town of Estes Park to complete the Fall River Trail project. Due to the project funding delay, we have prepared an amendment request for additional services to prepare revised construction documents. The project had originally been planned to go to bid in 2025, but due to changes in the availability of CDOT grant funding, the project was delayed by one year, resulting in delaying of the project bidding. Updates to the environmental certifications will be required, and new CDOT policies and specifications have been issued that impact the final bid documents. Additionally, changes on the project site require an alternative analysis at the US 34 & Fish Hatchery intersection. A detailed fee proposal is attached, which includes tasks and estimated hours for the additional work. A proposal from Logan Simpson outlining the proposed environmental services is also attached. Exclusions and Assumptions We assume that the project will be bid based on the construction drawings and item quantities included in the submittal dated May 19, 2026. If it is determined that the plans and/or quantities need to be modified because of further coordination with the Fish Hatchery Road redesign, additional fees may be required for subsequent plan and quantity changes. Fee The total fee for the additional services is $21,606. The actual hours required may vary as the project progresses; however, Otak will work with the Town to identify and track changes in scope. Otak will not exceed the proposed fee amount without prior approval from the Town. Please feel free to contact me at (720) 758-7717 or scott.belonger@otak.com if you have questions or if you need additional information. I would be happy to discuss this in detail if needed. Sincerely, Scott Belonger, P.E. Otak, Inc. Attachment 3 Fall River Trail (Final Segment) Amendment #2 TASK #TASK NAME TASK DETAIL PI C / S r . P M Ci v i l Ci v i l E n g V I Ci v i l En g i n e e r V I Environ. Staff Belonger Rohan Williams Logan Simpson Billing Rate $ 265 $ 182 $ 182 1.0 FOR (Final Design)26 26 12 A Pro ect Mana ement Additional project management 12 3,180$ -$ 3,180$ B Subconsultant Coordination Environmental contracting, and coordination with CDOT to resolve outstanding environmental certifications. 3 795$ -$ 795$ C Meetings and Coordination Up to 3 additional meetings with Town to discuss alternatives and design issues, including prep and follow up.3 2 1,159$ -$ 1,159$ D Environmental Documents Project Management Coordination and meetings with Otak, CDOT and Town staff to resolve outstanding issues to complete the CDOT Categorical Exclusion (CatEx) to attain final environmental clearance to get authorization to bid. -$ 3,400$ 3,400$ 3,400$ Historical Resource Analysis Preparation and edits of an additional memo to refine the area of potential affect (APE) and clarifications regarding the previous Class III cultural resources survey completed in 2019. -$ 1,120$ 1,120$ 1,120$ Hazardous Materials Update A previous Initial Site Assessment (ISA) was completed in 2025. However, these reports are only valid for 6 months. This assessment must be updated to determine if any new hazardous material concerns may exist in the project area. -$ 3,280$ 3,280$ 3,280$ E Additional Desi n Anal sis -$ -$ -$ Initial alternative analysis at Fish Hatchery Road Review initial proposal to modify alignment of Fish Hatchery Road intersection and potential impacts to the trail design and potential opportunities to reduce walls. This included an estimate of cost for reducing walls and modifying the trail alignment. 4 10 2,880$ -$ 2,880$ Second review of Fish Hatchery Road modifications Review of proposed Fish Hatchery Road realignment, profile changes and proposed changes to trail design. Consider construction phasing and interim conditions. 4 4 1,788$ -$ 1,788$ F New CDOT Re uirements -$ -$ -$ Hydraulics Checklist Completion and submittal of the CDOT R4 Hydraulics Local Agency Review Checklist. This is a new requirement not previously required on recent projects, including Segment 1. 6 1,092$ -$ 1,092$ Utility Account Matrix Completion and submittal of the CDOT R4 Utility Account Matrix. This is a new requirement not previously required on recent projects, including Segment 1. 4 728$ -$ 728$ G Flood lain Develo ment Permit -$ -$ -$ Hydraulic Report and FDP Form Provide additional details and project information as requested by the floodplain administrator, restamp and re-issue the submittal package. 12 2,184$ -$ 2,184$ 6,890$ 4,732$ 2,184$ 13,806$ 7,800$ 7,800$ 21,606$ Team Total Total Amount Project Cost Worksheet Otak Total Subs Total Page 1 of 1 5/29/2026 Attachment A 213 Linden Street, Fort Collins Colorado | P: 970-449-4100 | F: 970-449-4101 | www. logansimpson.com May 19, 2026 Scott Belonger, P.E. Otak Re: Fall River Trail Gap Segment Environmental CDOT Clearance Surveys and Analysis Modification Dear Mr. Belonger: Logan Simpson is pleased to submit this amendment to continue to work and support Otak and the Town of Estes Park with the Colorado Department of Transportation (CDOT) environmental clearance surveys and analyses needed for the final “gap segment” of the Fall River Trail Extension Project. We have been fortunate to support the development of the Fall River Trail Extension Project for over a decade. We understand that this final phase of work will continue to focus on the final 0.75 mile segment along Fall River Road, from 0.1 mile east of Fall River Court to the point where the trail currently ends along Fish Hatchery Road 0.15 mile west of the intersection with Fall River Road. Final tasks will focus on updating the hazardous materials analysis, finalizing the cultural resource clearance, and coordination with CDOT in preparation for construction. Attached is our scope of work and estimated fee for completing the tasks described below. Please feel free to contact me if you have any questions or needs. Respectfully submitted, Sabrina Kleinman Senior Environmental Planner skleinman@logansimpson.com 720-390-0273 Attachment B Fall River Trail Extension Environmental Clearance Surveys and Analysis – Modification #1 2 INTRODUCTION Otak and the Town of Estes Park (Town) in Larimer County, Colorado have requested that Logan Simpson provide a scope of work and fee estimate to support Otak and the Town in satisfying CDOT’s NEPA obligations and environmental clearances for construction of the final segment of the Fall River Trail Extension Project (gap segment). The gap segment is 0.75 mile in length beginning 0.1 mile east of Fall River Court to the point where the trail currently ends along Fish Hatchery Road, 0.15 mile west of the intersection with Fall River Road. SCOPE OF WORK TASK 1. CDOT COORDINATION AND PROJECT MANAGEMENT Logan Simpson will coordinate with CDOT for all tasks listed in this scope in addition to follow-up and on tasks previously completed for this segment. This will include coordination calls with CDOT, Otak, and the Town to develop the supporting studies for the CDOT Categorical Exclusion (CatEx). We estimate up to four meetings to address the tasks below. TASK 2. HISTORICAL RESOURCES ANALYSIS Logan Simpson previously completed a Class III cultural resources survey for the Fall River Trail Extension Project that included the gap segment in 2019. This scope assumes that the approved design and acreage of impacts has not changed. Therefore, no revisions to the Class III cultural resources survey are included in this scope. Logan Simpson also prepared memos in 2021 and 2025 to address design revisions and SHPO consultation needs. Funding is provided here for Logan Simpson to continue to work with Otak, the Town, and CDOT to finalize approval of the memos and to ensure proper documentation for cultural resources indicated in the area of potential effect (APE) for the final “gap segment” of the Fall River Trail. This scope of work excludes the following: • Class II or Class III cultural resources surveys; • Preparation and implementation of a Historic Properties Treatment Plan; • Archaeological testing, data recovery, or construction monitoring; • Architectural documentation; and • Ethnographic research to identify Traditional Cultural Properties. TASK 3 . HAZARDOUS MATERIALS UPDATE In 2021, Landmark Environmental completed an Initial Site Assessment (ISA) to determine if any hazardous materials existed in the project area. This task included a site visit to walk the alignment and document observations on the CDOT ISA Form. Landmark also conducted an environmental database search of the identified project area and immediately adjacent properties to identify potential hazardous material concerns. The findings were summarized in a findings report. Since hazardous material reports are only valid for 6 months due to updates to the environmental databases and new construction or developments, the report will require an update to capture any concerns that may have been recorded in the Project Area since 2021. Logan Simpson will work with Landmark Environmental to update the report to ensure accurate and current documentation of any hazardous Fall River Trail Extension Environmental Clearance Surveys and Analysis – Modification #1 3 material concerns that may exist in the project area. This will include completion of an updated CDOT Form 881 and an updated findings report for the final “gap segment” of the Fall River Trail. ASSUMPTIONS FOR ALL TASKS • Compliance with Section 106 of the NHPA are addressed as part of the CDOT environmental clearance. • This fee does not include an Environmental Conditions Review or a Phase I Environmental Site Assessment. Logan Simpson previously contracted with Landmark Environmental, Inc. for an Environmental Conditions Review and Inspection for the Fall River Trail Extension. The area of interest was 6,400 feet in length and included the area east of the intersection of Sleepy Hollow Road where the trail ended at that time, west to Fish Hatchery Road, and a small section of Fish Hatchery Road. • This scope of work assumes that the length of the gap segment along Fall River Road is less than one mile. If additional areas require survey for any tasks, then a modification to this scope of work and fee will be necessary. • Surveys and field reconnaissance will be conducted where access can be obtained along the trail alignment. Logan Simpson staff will not access private property. • This scope of work assumes that one draft and one final summary report will be prepared. FEE ESTIMATE Logan Simpson shall not exceed the cost estimates set forth without prior written consent from Otak. Task/Permit Cost Estimate Expected Timeframe 1. CDOT Coordination and Project Management $3,400 3-4 months 2. Historical Resources Analysis $1,120 2 months 3. Hazardous Materials Update $3,280 2 months Total $7,800 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: June 23, 2026 Subject: Resolution 78-26 New Hotel and Restaurant Liquor License Filed by Crags Lodge FBS LLC dba Historic Crags Lodge, 300 Riverside Drive, Estes Park, CO 80517 Type: Resolution, Quasi-Judicial Objective: Approval of a new Hotel and Restaurant liquor license located at 300 Riverside Drive, Estes Park, Colorado. Application filed by Crags Lodge FBS LLC dba Historic Crags Lodge. Present Situation: An application for a new concurrent Hotel and Restaurant liquor license was received by the Town Clerk’s office on May 13, 2026. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Responsible Vendor Training requirement. The location has been licensed in the past as The View Restaurant. The license expired in October 2025 and was not renewed by the previous licensee. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate the license as soon as possible. Proposal: The application and relevant documents have been included for the Town Board’s review and consideration for a new Hotel and Restaurant liquor license. The licensee has requested the license to serve alcohol. Advantages: • Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: • The owner is denied a business opportunity to operate a liquor license establishment. Action Recommended: Approval of the application for a new Hotel and Restaurant liquor license. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel and Restaurant Liquor license is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel and Restaurant Liquor license is $869. Level of Public Interest: Low. Sample Motions: I approve/deny Resolution 78-26. Attachments: 1. Procedures for Hearing 2. Resolution 78-26 3. Application, Diagram, Individual History 4. Police Report 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Crags Lodge FBS LLC dba Historic Crags Lodge for a new Hotel and Restaurant Liquor License located at 300 Riverside Drive, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed May 13, 2026.  At a meeting of the Board of Trustees on June 9, 2026, the public hearing was set for 7:00 p.m. on Tuesday, June 23, 2026.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.85 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Corporation.  The property is zoned A- Accommodations which allows this type of business as a permitted use.  The notice of hearing was published on June 12, 2026. Attachment 1  The premises was posted on June 10, 2026.  There is a police report with regard to the investigation of the applicant.  Status of Responsible Vendor Training "Classroom Setting" or "Live Streaming": X Unscheduled Scheduled * Completed (Previously)  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR.  Ask the Town Clerk or Town Clerk Office whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6. SUGGESTED MOTION: I move that Resolution 78-26 be approved/denied for a new Hotel and Restaurant liquor license for the Crags Lodge FBS LLC dba Historic Crags Lodge, 300 Riverside Drive, Estes Park, Colorado. RESOLUTION 78-26 A RESOLUTION APPROVING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE FOR CRAGS LODGE FBS LLC DBA HISTORIC CRAGS LODGE WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 23, 2026 for a new Hotel and Restaurant Liquor License, filed by Crags Lodge FBS LLC dba Historic Crags Lodge, 300 Riverside Drive, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel and Restaurant Liquor License, filed by Crags Lodge FBS LLC dba Historic Crags Lodge, 300 Riverside Drive, Estes Park, Colorado be approved. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 DR 8404 (05/29/25) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^ , i , ._ ., _ , •_ ^ _ . n _ < _.i i ._.___ _ x _ _«. . _ <•( 3o3) 2o5"23"oo " Colorado Liquor Retail License Application Note that the Division will not accept cash 12^ I Zo'ZC II New License |^| New-Concurrent Paid by Check Date Uploaded to Movelt Paid Online Transfer of Ownership State r"~'~-.5r_- All answers must be printed in black ink or typewritten Applicant must check the appropriate box(es) Applicant should obtain a copy of the Colorado Liquor and Beer Co W 2 3 » e: SBG.Colorado.gov/Liquor By,. lirilu; Applicant is applying as a/an II Individual J^~| Limited Liability Company r~I'~A%'ociat+on.oc.5thSr:' Partnership (includes Limited Liability and Spouse or Partner in a Civil Union Corporation Applicant Name If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation TG^ L^, ^65. LLC FEIN Number State Sales Tax Number V/-30-y/^0 ^ Trade Name of Establishment (DBA)Business Telephone l'^'1'Vyi^ C i^ r;j t—orl^i ci'7o-^Uo(.L Address of Premises (specify exact location of premises, include suite/unit numbers) 1)06 ff,^,^.Y/v O^i t-c 3ity pj ftc.rh bounty state Co IP Code SW/7 Mailing Address (Number and Street) 7-1 /^ ^^ Q^e 3ity or Town 9'; /i/ci^i^o.' Email AcTdress ^/ fc^L state L<T 71P Code 0,^/» If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) lresent State License Number 3resent Class of License 3resent Expiration Date Page 1 of 16 Attachment 3 Section A Nonrefundable application fees* Application Fee for New License......................................................................................................$1,100.00 Application Fee for New License with Concurrent Review.................................................................. .$1,200.00 Application Fee for Transfer.............................................................................................................$1,100.00 Section B Liquor License Fees* II Add Optional Premises to H & R........................................................ .$100.00 X Total Add Sidewalk Service Area..................................................................................................................$75.00 II Arts License (City).............................................................................................................................$308.75 II Arts License (County)........................................................................................................................$308.75 II Beer and Wine License (City).............................................................................................................$351.25 Beer and Wine License (County)..........................,,............................................................................$436.25 II Brew Pub License (City)...................................................................................................................$750.00 II Brew Pub License (County)................................................................................................................$750.00 II Campus Liquor Complex (City)...........................................................................................................$500.00 II Campus Liquor Complex (County)......................................................................................................$500.00 II Campus Liquor Complex (State).........................................................................................................$500.00 II Club License (City)............................................................................................................................$308.75 II Club License (County).......................................................................................................................$308.75 II Distillery Pub License (City)...............................................................................................................$750.00 II Distillery Pub License (County)...........................................................................................................$750.00 Entertainment Facility License (City).................................................................................................. .$500.00 Entertainment Facility License (County)...............................................................................................$500.00 II Hotel and Restaurant License (City)....................................................................................................$500.00 1X1 Hotel and Restaurant License (County)...............................................................................................$500.00 Hotel and Restaurant License with one optional premises (City).............................................................$600.00 Hotel and Restaurant License with one optional premises (County)....................................................... .$600.00 Liquor-Licensed Drugstore (City)........................................................................................................$227.50 Liquor-Licensed Drugstore (County)...................................................................................................$312.50 II Lodging Facility License (City)............................................................................................................$500.00 Lodging Facility License (County).......................................................................................................$500.00 DR 8404 (05/29/25) Page 2 of 16 Section B Liquor License Fees* (Continued) Manager Registration - H & R............................................................................................................. .$30.00 II Manager Registration - Tavern.............................................................................................................$30.00 II Manager Registration - Lodging & Entertainment...................................................................................$30.00 Manager Registration -Campus Liquor Complex....................................................................................$30.00 II Optional Premises License (City)........................................................................................................$500.00 Optional Premises License (County).................................................................................................. .$500.00 II Racetrack License (City)....................................................................................................................$500.00 Racetrack License (County)...............................................................................................................$500.00 Resort Complex License (City)...........................................................................................................$500.00 II Resort Complex License (County).......................................................................................................$500.00 Related Facility - Campus Liquor Complex (City)..................................................................................$160.00 Related Facility- Campus Liquor Complex (County)............................................................................ .$160.00 II Related Facility - Campus Liquor Complex (State)................................................................................$160.00 II Retail Gaming Tavern License (City).................................................................................................. .$500.00 Retail Gaming Tavern License (County)...............................................................................................$500.00 II Retail Liquor Store License-Additional (City).......................................................................................$227.50 Retail Liquor Store License -Additional (County)..................................................................................$312.50 Retail Liquor Store (City)....................................................................................................................$227.50 II Retail Liquor Store (County)...............................................................................................................$312.50 m Tavern License (City).........................................................................................................................$500.00 Tavern License (County)....................................................................................................................$500.00 Vintners Restaurant License (City)......................................................................................................$750.00 Vintners Restaurant License (County).................................................................................................$750.00 Questions? Visit: SBG.Colorado.gov/Liquorior more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total DR 8404 (05/29/25) Page 3 of 16 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information II Applicant/Licensee identified II State sales tax license number listed or applied for at time of application License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed II Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises F~[ No larger than 81/2"X 11" II Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) II Separate diagram for each floor (if multiple levels) Return originals to local authority (additional items may be required by the local licensing authority) Kitchen - identified if Hotel and Restaurant Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) II Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with County Clerk Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) II Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant II Other agreement if not deed or lease. (matching Applicant Name provided on page 1) DR 8404 (05/29/25) Page 4 of 16 IV. Background information (DR 8404-1) and financial documents Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/biometric- identification-and-records-unit-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI Purchase agreement, stock transfer agreement, and/or authorization to transfer license List of all notes and loans (Copies to also be attached) V. Sole proprietor/Spouse or partners in a civil union (if applicable) Form DR 4679 Lawful Presence Affidavit II Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) Certificate of Incorporation II Certificate of Good Standing Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) Partnership Agreement (general or limited). II Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) Copy of articles of organization Certificate of Good Standing II Copy of Operating Agreement (if applicable) II Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application D $30.00 fee If owner is managing, no fee required DR 8404 (05/29/25) Page 5 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years?................................ 0 Yes ® No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?................................... 0 Yes © No b. Had an alcohol beverage license suspended or revoked?........... Q Yes ® No c. Had interest in another entity that had an alcohol beverage license suspended or revoked?................................................................... 0 Yes ® No If you answered yes to a, b or c above, explain in detail on a separate sheet. 3. Has a liquor license application (same license class), that was located within 500 feetof the proposed premises, been denied within the preceding two years ?............ 0 Yes ^ No If "yes", explain in detail. 4. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university orseminary?....................................................... 0 Yes ^ No or Waiver by local ordinance? 0 Yes 0 No Other 5. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes © No DR 8404 (05/29/25) Page 6 of 16 6. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS..............,..............„..,„„..,.,...„..„..,... 0 Yes 0 No For additional Retail Liquor Store only. a. Was your Retail Liquor Store License issued on or before January 1, 2016?,... Q Yes 0 No b. Are you a Colorado resident?,.,.....,,.....,.........,,,.,,....,....,,,.....,.....,.. Q Yes 0 No 7. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee....,,,,....,..,...,,....,,........,.....,.,.,....,..,....,.....,.,. 0 Yes (^ No 8. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement?......... ® Yes 0 No Ownership ® Lease 0 Other (Explain in detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires CYc.^ Lc.^ /{' ^, ^<L <—/-C,^ Lvtt'f.C ic/SS, Lf-C-/c^ b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9..........,...........,.,....„.,..„,,.,.,,.,. 0 Yes ® No c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than QY2" X 11". DR a'KM (05/29/25) Page 7 of 16 9. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name First Name A^= Date'ofBirth (MM/DD/YY)FEINorSSNNumber Interest/Percentage ast Name ;irst Name Date of Birth (MM/DD/YY)=EIN or SSN Number nterest/Percentage ast Name :irst Name Date of Birth (MM/DD/YY)=EIN or SSN Number nterest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 10. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted?..,,,,...,, 0 Yes 0 No Number of additional Optional Premise areas requested. (See license fee chart) For the addition of a Sidewalk Ser/ice Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 11. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's L L D S premise?...,...,,,,,,.,..,..............,,,.,,,,,, If "yes" a copy of license must be attached. 0 Yes 0 No DR 8404 (05/2B/25)Page 8 of 16 12. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?.,,...,.,.,.,.,,..... 0 Yes 0 No b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?.............,...,...... ^ Yes ^ No c. How long has the club been incorporated?. d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?..,.......,..,...,,..,,.....,....... 0 Yes 0 No 13. Brew-Pub, Distillery Pub orVintner's Restaurant applicants answer the following: a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached),.,,...,..,.....,.,.,...,...................... ,...,,.......„...,....,. 0 Yes 0 ? 14. Campus Liquor Complex applicants answer the following: aJs the applicant an institution of higher education?....,.....,.,.„....,,...„.„.......,...,... 0 Yes 0 No b. Is the applicant a person who contracts with the institution of higher education to provide food services?...............,..,.........,.................,..,...........,,,,,.,. 0 Yes 0 No If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 15. For all on-premises applicants. a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. Last Name of Manager First Name of Manager ccrjo '<^:C/r//Ap 16. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number......,,.,.,..,.,..,,,,.,,...,,.,,.,..,,..,.,................ ^ Yes ^ No Name type of License \ccount Number OR 840-1 (05/29/25) Paga 9 of 16 17. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex?.................................................................................................. 0 Yes 0 No If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility - Campus Liquor Complex Last Name of Manager First Name of Manager 18. Entertainment Facility License If Applicant is applying for an Entertainment Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:........... Q Yes 0 No Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which the primary business is to provide the public with sports or entertainment activities within its licensed premises; and that, incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. If Applicant is applying for a Lodging Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:........... 0 Yes 0 No Pursuant to 44-3-103(29) C.R.S., a Lodging Facility means an establishment in which the primary business is to provide the public with sleeping rooms and meeting facilities; and that sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. 19. Tax Information. a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?............. 0 Yes @) No b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?...... 0 Yes S) No DR 8404 (05/29/25) Page 10 of 16 If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Street Address Date of Birth (MM/DDA/Y) t^cCj/^:?/ City State ZIP Code Position % Owned fir/h) /T^/cf f^_/?^(/ht^f,^ //c ^0 /06'f Mame Date of Birth (MM/DD/YY) Street Address 3ity State 7|P Code :>osition /o Owned ame Date of Birth (MM/DD/YY) Street Address 3ity State 71P Code 3osition /o Owned Mame Date of Birth (MM/DDA/Y) Street Address 3ity state 71P Code :>osition )/o Owned Name Date of Birth (MM/DD/YY) Street Address 3ity state :IP Code :>osition /o Owned DR 8404 (05/29/25)Page 11 of 16 If applicant is owned 100% by a parent company, please list the designated principal officer on above. Corporations - the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) If total ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. Iwould like toapplyforaTwo-YearRenewal................................................................... ^ Yes 0 No Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer and Wine Code which affect my license. 3rinted Name c.^ ^ He. C^ authorized Signatu^ // c/^. 11^_ T. V .' 1 ntie A£' TTT L( C ^"c) Date (MM/DD/YY) DR 8404 (05/29/25) Page 12 of 16 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than | _, i __(.-.„\' S>\Z-OL&- I on"^,"»"^l"^t1'^7^K^t;H"\" "'"" I G.>/^-3/Z'°<^€- 30 days from date of application) For Transfer Applications Only-Is the license being transferred valid?...................... 0 Yes 0 No The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: Fingerprinted Subject to background investigation, including N C I C/CC 1C check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license Check One) 0 Date of inspection or anticipated date Will conduct inspection upon approval of state licensing authority Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-premises sales in a Jurisdiction with a population of > 10,0000?............................................................................ U Yes (J No Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-premises sales in a jurisdiction withapopulationof< 10,0000?............................................................................ U Yes (J No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived from the sale of food, during the priortwelve (12) month period?............................................................................ U Yes ^J No The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. DR 8404 (05/29/25) Page 13 of 16 Report and Approval of Local Licensing Authority (Continued) Local Licensing Authority approves the Temporary Permit...............................................0 Yes 0 No Approval Date of the Temporary Permit Expiration Date of the Temporary Permit lf the temporary permit expires or an extension is required, the state liquor licensing authority should be notified of the status of the temporary permit. lf the temporary permit information is not filled out for the transfer of ownership, the Transfer Application will not be accepted and processed. Local Licensing Authority Approves this license for a two-year renewal.0 Yes 0 No If "No", please cite the law, regulation, local ordinance or resolution that gives the local licensing authority the ability to deny the applicant and grounds for denial. Also, please provide any and all investigative reports, and administrative or criminal action that relate or justify this denial. Proof of Violation Local Licensing Authority for Telephone Number To<^.-.^ oV ';Co^v^^n^iJ^_cno.^-{-^.^-i-m r(fown) City 0 County rinted Name ntie Signature Date (MM/DD/YY) Printed Name ntie Signature Date (MM/DDA/Y) DR 8404 (05/29/25)Page 14 of 16 CR A G S L O D G E TR A D E N A M E C R A G S L O D G E 30 0 R I V E R S I D E D R ES T E S P A R K C O L O R A D O 8 0 5 1 7 LICOU T D O O R S P A C E S I N C L U D E D W I T H LI Q U O R L I C E N S E OU T D O O R F E N C E D I N P O O L A R E A OU T D O O R D E C K S PA T H W A Y S T O O U T D O O R S P A C E S LI Q U O R L I C E N S E A R E A PR O P E R T Y L I N E r- i A k i CR A G S L O D G E TR A D E N A M E C R A G S L O D G E 30 0 R I V E R S I D E D R ES T E S P A R K C O L O R A D O 8 0 5 1 7 LI C LI Q U O R L I C E N S E A R E A y i SU N R O O M T JV L GA M E R O O M E 3l s= J^_ a D i m DI N I N G R O O M 1 PL U M B I N G DU C K CA B I N E T ga b II S T t i R A G J 30 3 5/8yu PO R C H MA I N L E V E L CR A G S L O D G E TR A D E N A M E C R A G S L O D G E 30 0 R I V E R S I D E D R ES T E S P A R K C O L O R A D O 8 0 5 1 7 LI C LI Q U O R L I C E N S E A R E A GU E S T R O O M tY v n SE C O N D F L O O R CR A G S L O D G E TR A D E N A M E C R A G S L O D G E 30 0 R I V E R S I D E D R ES T E S P A R K C O L O R A D O 8 0 5 1 7 LI C LI Q U O R L I C E N S E A R E A TH I R D F L O O R DR 8404-1 (12WS/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver GO 80217-0087 303) 205-2300 To be completed by the following persons, as applicable; sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, ail directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Piease attach a separate sheet if necessary to enable you to answer questions completely) Name of Business r-C,^. L^ HS L.L<L Home Phone Number Cellular Number Your Full Name (last, first, middle) 1c. <^/^i, _ '\7^S/'t«/ ^ List any other names you have used Mailing address (if different from residence) 72 A^^^ 4^ A. -^n^C^ /Ur o9^/f \ Email Address 77 Ai c&r. 11 ^......(? ^ ^ _^_e^_ .«_c_o^ 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP rom: 6-// 7/^7 Previous Street From; and Number L ^>^n /Tv 4/L To: 7~ Jt.<n-e»/'_ Previous City, State, To: A- ZIP 9QG y Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business t/K/^, . Lt.C. Address (Street; Number, City, State, ZIP) 72 ^ fi^^ a^ ^ //^ c^^A_ Position Held / y C^o From: 01-7 ^ ro; t-^^. /_ Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held From:R); Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held rom:ro: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage Industry. Name of RelativeA^ relationship to You: Position Held Name of Licensee Mame of Relative Relationship to You: Position Held Name of Licensee OR 8'ia't-l (12/05/24)Page 2 of 6 Individual Histoiy Record (Continued) lanne of Relative Relationship to You; position Held ^iame of Licensee ame of Relative Relationship to You: Position Held Name of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? If yes, answer in detail.) No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?..,....,.,...,,.,.,,,,......................,...,..,,,,,..,,..,.,,... Q yes ^0 No Qf yes, answer In detail.) 6.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. If yes, answer in detail.) 0 Yes No 7. Are you currently under probation (supervised or unsupervised), parole; or completing the requirements of a deferred sentence?. If yes, answer in detail,) 0 Yes No DR84(M-1 (12/05/24)Page 3 of 6 Individual Histoiy Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes/>0 No if yes, answer in detail,) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth r /<m. A U.S. Citizen 0 Yes Q No If Naturalized, state where /Vhen Mame of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number Height c' /" A/eight u-< lair Color IfO^ I-, Eye Color 3ender HJ. Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No Pc. Financial Information 9. Total purchase price or investment being made by the applying entity, |^ corporation, partnership, limited liability company, other.......................... I <f ^ oc>{J> 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans, cash, sen/ices or equipment, operating capital, stock purchases or fees paid. NOTE; If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 6 DR.8'1(M-I(12/05/2<))Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type : Bank Name amount Fype; Cash, Services or Equipment account Type Bank Name amount Fype: Cash, Servicss or Equipment account Type Bank Name \mount Type; Cash, Services or Equipment account Type Bank Name amount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type; Cash, Sen/ices or Equipment Loans Account Type C'a,^^•/•Ivn I Bank Name Amount f^A^._.(,00 006 Type: Cash, Services or Equipment -oans i\ccount Type Sank Name amount Type: Cash, Services or Equipment -oans \ccountType Bank Name amount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Addressr Term Security Amount DR 84(K.I (12/05/24)Page 5 of 8 Personal ame of Lender Term Security Mame of Lender Term Security Name of Lender Term Security and Financial Information (Continued) Address Amount Address Amount Address Amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signatj^ife^ not) accepted,^ is required. 6 AM.. Print Signature l-:bs/i^ y^c^///<-L Title Date (MM/DD/YY) e,.^ I C.^ DR84(M.I(12/05J24)Page 6 of 6 OR 8-104-1 H2/OW4) COLORADO DEPARTMENT OF REVENUE Liquor EnfcKcemenl Diuision PO Box 17087 DerwprC0802l7-0087 303) 205.2300 Individual History Record To be completed by the following persons, as applicable; sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business Prags Lodge FBS, LLC Home Phone Number Cellular Number Your Full Name (last, first, middle) Augustine D Levario List any other names you have used Mailing address (if different from residence) Email Address 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP EstesPark,Co80517 From: 7/2018 To: Surrent Previous Street and Number 3revious City, State, ZIP From:fo: Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Rams Horn Village Resort Address (Street, Number, City, State, ZIP) 1565 CO Highway 66 Estes Park, Co 80517 Position Held Revenue Manager From:To: 09/2020 33/30/26 Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held From:ro: Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held From:fo: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You: N/A osition Held ^Jame of Licensee Name of Relative Relationship to You: Position Held ^ame of Licensee DR 8404-t (12/05/24)Page 2 of 6 Individual History Record (Continued) Mame of Relative relationship to You: 3osition Held ^ame of Licensee Mame of Relative Relationship to You: 3osition Held slame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to ^ any licensee?.. If yes, answer in detail.) No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?. If yes, answer in detail.) 0 Yes ® No 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. If yes, answer in detail.) 0 Yes No 7. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. If yes, answer in detail.) 0 Yes No OR 8404.I (12/05/24)Page 3 o(6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?,. . 0 Yes If yes, answer in detail.) No Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth 3arlsbad. NM U.S. Citizen ® Yes 0 No If Naturalized, state where When Name of District Court ''laturalization Certificate Number 3ate of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number Height 6' height 205 lair Color 3rown Eye Color Green Sender Male Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No r' iCotorado Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other... N/Al 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid.................................................................................................................. N/Al NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 OR 8404-t (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment \ccount Type Bank Name \mount Type: Cash, Services or Equipment \ccount Type Bank Name \mount Type: Cash, Services or Equipment \ccount Type Bank Name \mount Type: Cash, Services or Equipment \ccount Type Bank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type:] C Bank Name . .-".ojnt Type: Cash, Services or Equipment L. . „ Loansr Account Type Bank Name Amount Type: Cash, Services or Equipment Loans Account Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address N/A Ferm Security \mount DR 8404.1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Name of Lender Name of Lender Address lerm Security Amount Address Term Name of Lender Security Amount Address Term Security \mount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. A^_Print Signature Title UAv\t L^k/^rlcL lr^(^l e^~ Date (MM/DD/YY) 4/^26 DR8404-1(12/05<24)Page 6 of 6 TOV^N OF ESTES PARI<^ May 5,2026 Jackie Williamson, Town Clerk Town ofEstes Park EstesPark,C080517 RE: Crags Lodge FBS LLC DBA Historic Crags Lodge McCallen, Joshua J. 0 Levario, Augustine D. Dear Ms. Williamson: A check of the Estes Park Police Department local records on the individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the updates. There are no criminal reports involving the individuals listed dating back to 2022. Sincerely, lan Stewart Chief of Police Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 Police Department lan Stewart, Chief of Police s^^'^.^:^^" i J^ ESTES PARK, CO 80517 www.estes.org 970- 577-3825 istewart@estes.org Attachment 4 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: June 23, 2026 Subject: Resolution 79-26 New Hotel and Restaurant Liquor License Filed by Mountain Berry Bakery LLC dba Kissing Moose Café and Saloon, 1701 North Lake Street, Estes Park, CO 80517 Type: Resolution, Quasi-Judicial Objective: Approval of a new Hotel and Restaurant liquor license located at 1701 North Lake Street, Estes Park, Colorado. Application filed by Mountain Berry Bakery LLC dba Kissing Moose Café and Saloon. Present Situation: An application for a new concurrent Hotel and Restaurant liquor license was received by the Town Clerk’s office on May 14, 2026. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Responsible Vendor Training requirement. The location has been licensed in the past as Rocky Mountain Hotel and Conference Center. The license expired in October 2020 and was not renewed by the previous licensee. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate the license as soon as possible. Proposal: The application and relevant documents have been included for the Town Board’s review and consideration for a new Hotel and Restaurant liquor license. The licensee has requested the license to serve alcohol. Advantages: • Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: • The owner is denied a business opportunity to operate a liquor license establishment. Action Recommended: Approval of the application for a new Hotel and Restaurant liquor license. Finance/Resource Impact: The fee paid to the Town of Estes Park for a new Hotel and Restaurant Liquor license is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel and Restaurant Liquor license is $869. Level of Public Interest: Low. Sample Motions: I approve/deny Resolution 79-26. Attachments: 1. Procedures for Hearing 2. Resolution 79-26 3. Application, Diagram, Individual History 4. Police Report 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Mountain Berry Bakery LLC dba Kissing Moose Café and Saloon for a new Hotel and Restaurant Liquor License located at 1701 North Lake Street, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed May 14, 2026.  At a meeting of the Board of Trustees on June 9, 2026, the public hearing was set for 7:00 p.m. on Tuesday, June 23, 2026.  The neighborhood boundaries for the purpose of this application and hearing were established to be 5.0 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Corporation.  The property is zoned A – Accommodations which allows this type of business as a permitted use.  The notice of hearing was published on June 12, 2026. Attachment 1 2  The premises was posted on June 10, 2026.  There is a police report with regard to the investigation of the applicant.  Status of Responsible Vendor Training "Classroom Setting" or "Live Streaming": X Unscheduled Scheduled * Completed (Previously)  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3.APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4.OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5.MAYOR.  Ask the Town Clerk or Town Clerk Office whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6.SUGGESTED MOTION: I move that Resolution 79-26 be approved/denied for a new Hotel and Restaurant liquor license for the Mountain Berry Bakery LLC dba Kissing Moose Café and Saloon, 1701 North Lake Street, Estes Park, Colorado. RESOLUTION 79-26 A RESOLUTION APPROVING A NEW HOTEL AND RESTAURANT LIQUOR LICENSE FOR MOUNTAIN BERRY BAKERY LLC DBA KISSING MOOSE CAFÉ AND SALOON WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on June 23, 2026 for a new Hotel and Restaurant Liquor License, filed by Mountain Berry Bakery LLC dba Kissing Moose Café and Saloon, 1701 North Lake Street, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel and Restaurant Liquor License, filed by Mountain Berry Bakery LLC dba Kissing Moose Café and Saloon, 1701 North Lake Street, Estes Park, Colorado be approved. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 DR 8404 (05/29/25) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^_i_ _._ _i _ <•______. n_^_.i i ______ A^__I.__-.r3o3)2o5"23oo Colorado Liquor Retail License Application Note that the Division will not accept cash Paid by Check Date Uploaded to Movelt Paid Online C^/5' (zo^fc II New License .0 New-Concurrent II Transfer of Ownership II State Property Only II Master file • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG. Colorado. gov/Liquor Applicant is applying as a/an II Individual Corporation Limited Liability Company Association or Other Partnership (includes Limited Liability and Spouse or Partner in a Civil Union Applicant Name If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation moLJLrvVcuun ^fFv/ feAe.<Nvy LL.C- FEIN Number State Sales Tax Number c^-3QUL,q Trade Name of Establishment (DBA)Business Telephone ^1551 n<^ P^oo'bC (L<J?e ^ SQJL .00^-?^t^>- SSl- s §03 Address of Premises (specify exact location of premises, include suite/unit numbers) n oi Mo<4-^ Lj^e ^4-. City County State ZIP Code ^<54-^-po^-\S Lou-'Lv^xv^r-co 80S I "I Mailing Address (Number and Street) <^6^ ^ LOo^erv/i^iO ^^ . \^\ -^ , ^ivxfe l^^ City or Town State ZIP Code E<>A-^^-?^rK Co SOS I"] Email Address mou-i^-V cuLnV)tTr^j boL\<j^"^/ <^» ^ n^iom ^ ^ G&^r-)f^ If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) ^resent State License Number 3resent Class of License 3resent Expiration Date Page 1 of 16 Attachment 3 Section A Nonrefundable application fees* II Application Fee for New License......................................................................................................$1,100.00 -/0 ^1 Application Fee for New License with Concurrent Review.................................................................. .$1,200.00 Application Fee for Transfer.........,...................................................................................................$1,100.00 Section B Liquor License Fees* II Add Optional Premises to H & R........................................................ .$100.00 X Total II Add Sidewalk Service Area..................................................................................................................$75.00 n Arts License (City).............................................................................................................................$3087 Arts License (County)........................................................................................................................$308.75 II Beer and Wine License (City).............................................................................................................$351.25 Beer and Wine License (County)........................................................................................................$436.25 II Brew Pub License (City)...................................................................................................................$750.00 II Brew Pub License (County)................................................................................................................$750.00 Campus Liquor Complex (City)........................................................................................................ . ..$500.00 Campus Liquor Complex (County)..................................................................................................... .$500.00 Campus Liquor Complex (State).........................................................................................................$500.00 Club License (City)............................................................................................................................$308.75 n Club License (County).......................................................................................................................$308.75 II Distillery Pub License (City)...............................................................................................................$750.00 Distillery Pub License (County)...........................................................................................................$750.00 Entertainment Facility License (City)...................................................................................................$500.00 II Entertainment Facility License (County)...............................................................................................$500.00 r Hotel and Restaurant License (City)....................................................................................................$500.00 II Hotel and Restaurant License (County)...............................................................................................$500.00 II Hotel and Restaurant License with one optional premises (City).............................................................$600.00 II Hotel and Restaurant License with one optional premises (County)....................................................... .$600.00 Liquor-Licensed Drugstore (City)..............................................,.........................................................$227.50 Liquor-Licensed Drugstore (County).......................................................................^...........................$312.50 II Lodging Facility License (City)............................................................................................................$500.00 II Lodging Facility License (County).......................................................................................................$500.00 DR 8404 (05/29/25) Page 2 of 16 Section B Liquor License Fees* (Continued) Q Manager Registration -H & R..............................................................................................................$30.00 II Manager Registration - Tavern............................................................................................................ .$30.00 II Manager Registration - Lodging & Entertainment...................................................................................$30.00 Manager Registration - Campus Liquor Complex....................................................................................$30.00 II Optional Premises License (City)........................................................................................................$500.00 Optional Premises License (County)...................................................................................................$500.00 II Racetrack License (City)....................................................................................................................$500.00 Racetrack License (County)...............................................................................................................$500.00 Resort Complex License (City)...........................................................................................................$500.00 Resort Complex License (County).......................................................................................................$500.00 Related Facility - Campus Liquor Complex (City)..................................................................................$160.00 II Related Facility- Campus Liquor Complex (County).............................................................................$160.00 II Related Facility- Campus Liquor Complex (State)................................................................................$160.00 II Retail Gaming Tavern License (City).................................................................................................. .$500.00 II Retail Gaming Tavern License (County)...............................................................................................$500.00 Retail Liquor Store License-Additional (City).......................................................................................$227.50 Retail Liquor Store License-Additional (County)..................................................................................$312.50 Retail Liquor Store (City)....................................................................................................................$227.50 II Retail Liquor Store (County)...............................................................................................................$312.50 Tavern License (City).........................................................................................................................$500.00 Tavern License (County)....................................................................................................................$500.00 II Vintners Restaurant License (City)......................................................................................................$750.00 Vintners Restaurant License (County).................................................................................................$750.00 Questions? Visit: SBG.Colorado.gov/Liquorior more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total $ DR 8404 (05/29/25) Page 3 of 16 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information [Yn Applicant/Licensee identified State sales tax license number listed or applied for at time of application License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises m No larger than 81/2"X 11" II Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Separate diagram for each floor (if multiple levels) Return originals to local authority (additional items may be required by the local licensing authority) Kitchen - identified if Hotel and Restaurant Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with County Clerk Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant Other agreement if not deed or lease, (matching Applicant Name provided on page 1) DR 8404 (05/29/25) Page 4 of 16 IV. Background information (DR 8404-1) and financial documents Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: htfps://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/biometric- identification-and-records-unit-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI Purchase agreement, stock transfer agreement, and/or authorization to transfer license II List of all notes and loans (Copies to also be attached) V. Sole proprietor/Spouse or partners in a civil union (if applicable) Form DR 4679 Lawful Presence Affidavit II Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) II Certificate of Incorporation II Certificate of Good Standing Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) Partnership Agreement (general or limited). II Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) Copy of articles of organization Certificate of Good Standing II Copy of Operating Agreement (if applicable) (4 fp^ Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application $30.00 fee Ij If owner is managing, no fee required DR 8404 (05/29/25) Page 5 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years?................................ 0 Yes jS/No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?................................... 0 Yes @ No b. Had an alcohol beverage license suspended or revoked?........... Q Yes @ No c. Had interest in another entity that had an alcohol beverage license / suspended or revoked?................................................................... 0 Yes (^ No If you answered yes to a, b or c above, explain in detail on a separate sheet. 3. Has a liquor license application (same license class), that was located within 500 / feet of the proposed premises, been denied within the preceding two years?............ 0 Yes @ No If "yes", explain in detail. 4. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal _/ campus of any college, university or seminary?........................................................ 0 Yes (^ No or Waiver by local ordinance? 0 Yes 0 No Other 5. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes 0 No DR 8404 (05/29/25) Page 6 of 16 6. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<) 10,000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes '0 No For additional Retail Liquor Store only. a. Was your Retail Liquor Store License issued on or before January 1, 2016?.... Q Yes 0 No b. Are you a Colorado resident?......................................................... 0 Yes 0 No 7. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to or from a licensee.................................................................... 0 Yes j^) No 8. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement?......... (S Yes 0 No 0 Ownership Q( Lease 0 Other (Explain in detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires 1^cd<V IVlouu^un . LL-C^ | IMOU^QAM gef^/ feoto-y, u-C_|J 5/^o^<)T b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9............................................... ^ Yes 0 No c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 81/2" X 11". DR 8404 (05/29/25) Page 7 of 16 9. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name First Name ^Rpck^/ W6(/rrkui, LLC. •BihhDate of BiHh (MM/DD/YY)FEINorSSN Number Interest/Percentage Gt? - 2>'2>~^\ ~^^5% -ast Name =irst Name Date of Birth (MM/DD/YY)=EINorSSN Number nterest/Percentage -ast Name =irst Name Date of Birth (MM/DD/YY)=EINorSSN Number nterest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 10. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has f^C^ a local ordinance or resolution authorizing optional premises been adopted?........... 0 Yes 0 No Number of additional Optional Premise areas requested. (See license fee chart) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 11. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's L L D S premise?.......................................... If "yes" a copy of license must be attached. N-/r 0 Yes 0 No DR 8404 (05/29/25)Page 8 of 16 12. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?.................... . 0 Yes 0 No b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?........................ ^ Yes (-) No c. How long has the club been incorporated?. d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?.................................... 0 Yes 0 No 13. Brew-Pub, Distillery Pub orVintner's Restaurant applicants answer the following: a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached)......................................................................... 0 Yes 0 No 14. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education?............................................. Q Yes 0 No b. Is the applicant a person who contracts with the institution of higher //A' education to provide food services?..................................................................... 0 Yes 0 No If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 15. For all on-premises applicants. a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. Last Name of Manager raan ::irst Name of Manager VlcJ<| 16. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide _ name, type of license and account number............................................................. (-) Yes ^ No Name Type of License \ccount Number DR 8404 (05/29/25) Page 9 of 16 17. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex?.................................................................................................. 0 Yes 0 No If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility - Campus Liquor Complex Last Name of Manager First Name of Manager 18. Entertainment Facility License If Applicant is applying for an Entertainment Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:........... 0 Yes 0 No Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which the primary business is to provide the public with sports or entertainment activities within its licensed premises; and that, incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. If Applicant is applying for a Lodging Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:........... 0 Yes 0 No Pursuant to 44-3-103(29) C.R.S., a Lodging Facility means an establishment in which the primary business is to provide the public with sleeping rooms and meeting facilities; and that sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. 19. Tax Information. a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?............. 0 Yes 0'No b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S. 7 ........ 0 Yes 0^ No DR 8404 (05/29/25) Page 10 of 16 If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Mame Vicki '^cxa-n Date of Birth (MM/DDA/Y) Street Address ,700 ^u?y 6.G ^// 3ity £shs Pcxrlc. State co 71P Code <^sn 3osition OijL^er /o Owned -IW^s Name Date of Birth (MM/DDA/Y) Street Address 3ity State 71P Code 3osition /o Owned Mame Date of Birth (MM/DDA/Y) Street Address 3ity state 71P Code :>osition /o Owned Mame 3ate of Birth (MM/DDA'Y) Street Address 3ity state 7|P Code =>osition '/o Owned \]ame Date of Birth (MM/DD/YY) Street Address 3ity state 71P Code :>osition /o Owned DR 8404 (05/29/25)Page 11 of 16 ** If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations - the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: ^^ Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does \ not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. I would like toapplyforaTwo-YearRenewal.................................................................. 0 Yes 0 No Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer and Wine Code which affect my license. Printed Name Title Vjcki Uaa^. II ^ton^^ Authorized Signature -—V ' Date (MM/DD/YY) y-^'os/Hi/so^ DR 8404 (05/29/25) Page 12 of 16 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new 5 1^ \^license applicants; cannot be less than 30 days from date of application)^(Z<3 ' -7-& For Transfer Applications Only-Is the license being transferred valid?...................... 0 Yes 0 No The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: Fingerprinted Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) 0 Date of inspection or anticipated date Will conduct inspection upon approval of state licensing authority Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-premises sales in a Jurisdiction with a population of > 10,0000?............................................................................ U Yes U No II Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of < 10,0000?............................................................................ U Yes U No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived from the sale of food, during the priortwelve (12) month period?............................................................................ U Yes U No The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. DR 8404 (05/29/25) Page 13 of 16 Report and Approval of Local Licensing Authority (Continued) Local Licensing Authority approves the Temporary Permit...............................................0 Yes 0 No Approval Date of the Temporary Permit Expiration Date of the Temporary Permit *lf the temporary permit expires or an extension is required, the state liquor licensing authority should be notified of the status of the temporary permit. **lf the temporary permit information is not filled out for the transfer of ownership, the Transfer Application will not be accepted and processed. Local Licensing Authority Approves this license for a two-year renewal........................ 0 Yes 0 No If "No", please cite the law, regulation, local ordinance or resolution that gives the local licensing authority the ability to deny the applicant and grounds for denial. Also, please provide any and all investigative reports, and administrative or criminal action that relate or justify this denial. Proof of Violation Local Licensing Authority for Telephone Number C><-^0 of- ^-£^-E-< <V^>r<2-V al^o^^-^~^( Fowrt^ City 0 County Printed Name Title Signature Date (MM/DD/YY) Minted Name ntie Signature Date (MM/DDAT) DR 8404 (05/29/25)Page 14 of 16 ^t,c? 4^ ~ - ,' r ^ ? <- AJi ~^ •h .L . T' ^ ? ^ ^' 0 g - ± " ^ ^ ^ ^ - ^ ^ ? - r ^ ^ '^ 5 ?^ ' ^ r '' ^ ? J ^? r ^" ^ ^ +? t §'^-1 -7 ^ rn ( - / T ^'? p -D r^ c^r 0z:H1 YV ^ ^ y ^ o J ^ 5 ^ r r ^ f e a t o - ^ , L - L C L / b^ f t y C i < 5 S i ( U & h M ^ o s E ( b ' v - ^ ^ ^ S f r L G O ^ J HC > \ U & r - ^ L o ^ c e . < » • + - E6 - ^ s - P ^ , ( k 0 ^ o ^ ^ ^> l o - v ^ o w J ' ? S o > - > i ^ o € ^ ^ J^ ^ ^ ± ° T ?t " 7 < t ^ [ ' r" - ^ y x- ^ CO ^>r ^n- DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business P/\ou-njb3uun &ELfr^ fe^^ry ^ LL.C_ Home Phone Number Cellular Number Your Full Name (last, first, middle) Vicki '3o\e-r^e_A\oucoO List any other names you have used Mailing address (if different from residence) ^(63 F L^o^^r^ieto ^ye- . gnl\ ^ ^ 4)m& l^/^ Email Address ^v^LUA-VojL^bc.fnjbayeru <s>Qm(u_l . O^iy 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number current City, State, ZIP £s4^Po^c. CD ^SH From:To: Gu^e-K;^- Previous Street and Number Previous City, State, ZIP 2n^0 FaAA "^locr ^Fo^Vcdl^ CorAos ;--4^203 "^ ^v I I C^s ta.r|c.r?0 ^0<;l-1^From:To: <0/^/-zc^n 3110 5. 5cu-n4- Vfo-JLyi ^-i/e_ ^v>w\:Y^on ^s4<-s -Hw^, CO ^o<si^ ^ t./Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business yVl6Ltn4Q-Ln feeJT^f {ys^^aJL^ L.L-C^- Address (Street, Number, City; State, ZIP) L/c)"3 ? ^o^-iC^AAOVCtD /?u< c^i-i- ^^ Ptvvfe l4t-( Position Held Ouoy\)<^< From:To: ^/z^z-^^•t~ Mame of Employer or TtxV^ouTcuSL- Business VWo u-i^cYoLxn _b>c^«3Ut ~^^'U3 LH /)iols <=4ec^J-Gu^«e. Address (Street, Number, City, State, ZIP)^J 3^_^_Sou^ Vrouun ft o c_ Position Held _^€y^efAl___V^'SA-OWLA From:'U To: _z_/^\^_^/^LOSLL.) Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held = rom:fo: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You: T)axon feroecLs-r"Klieji-fL. Position Held Name of Licensee OborseJ"bouu^) l^roeoLe-r- Mame of Relative relationship to You: Position Held '<Jame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Individual History Record (Continued) Mame of Relative relationship to You: =>osition Held Mame of Licensee \lame of Relative relationship to You: 3osition Held \Jame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? ^If yes, answer in detail.) 0 Yes \No 5. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?. (If yes, answer in detail.) 0 Yes No 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. (If yes, answer in detail.) 0 Yes No 7.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes No DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes ^ No (If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth | | ^Yclcmo) , CD U.S. Citizen ® Yes Q No If Naturalized, state where When \lame of District Court Naturalization Certificate Number Date of Certification fan Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number Height ^}" /Veight ix-s -fair Color l^jAcnck Eye Color (4^eJ Sender ^fr-o^a^[,C Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State (2^Yes 0 No ^okrouoLo Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other../5,aoo 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid..5; oov NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type C'a^b-1^Chfickinq Bank Name Amount HO.ef^TcL<b+- CreA.tA- tlnmo 5,000 Type: Cash, Services or Equipment Account Type Bank Name Amount Type: Cash, Services or Equipment Account Type Bank Name Amount Type: Cash, Services or Equipment \ccount Type Bank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment <Slc^v5^ Lic&ny-s/ ?^u-^A rwi-^T -oans \ccountType CLhftc}CLr>0( Bank Name Amount P/Vn4Tu^<>*| CreA-d- Union ,0, ooo Type: Cash, Services or Equipment Loans Account Type Bank Name \mount Fype: Cash, Services or Equipment -oans account Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security \mount DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Name of Lender ^ddress term security \mount \lame of Lender \ddress Term Security (\mount Name of Lender \ddress Term Security \mount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electrgnie sigrratufe ^sZ. is not^accepted, ^_ physical :l;v-r signature IS required. Print Signature V (A I -Uac^ Title Date (MM/DD/YY) (c\ (joner S/l S /ZGA^ DR 8404-1 (12/05/24)Page 6 of 6 TCW^N OF ESTES PARI<^ Interoffice Memorandum To: Jackie Williamson, Town Clerk From: lan Stewart, Chief of Police Date: June 4, 2026 Subject: Mountain Berry Bakery LLC dba Kissing Moose Cafe and Saloon - Regarding Applicant Vicki Haan Dear Ms. Williamson, A check of the Estes Park Police Department local records on the above-named individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the updates. There are no entries in the system forVicki Haan. Sincerely, ylanStewart Chief of Police Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 Police Department lan Stewart, Chief of Police "SK <^'\t \yl,'f' M' y'.ui^J'/.-^r' ESTESPARK/C080517 www.estes.org 970-586-4000 www.estes.org/pd Attachment 4 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Kara Washam, Planner II Department: Community Development Date: June 23, 2026 Subject: Ordinance 11-26 Rezoning 440 Valley Road from RM (Multi-Family Residential) to A-1 (Accommodations, Low-Intensity), Denice D. Borda, Brian Delaney, and Dana D. Burke/Owners Type: Public Hearing, Ordinance, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a proposed Zoning Map Amendment (rezoning) from RM (Multi-Family Residential) to A-1 (Accommodations, Low-Intensity), review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the application. Present Situation: The subject property is zoned RM (Multi-Family Residential) and contains two structures, a detached single-family home used residentially by one of the property owners and a small, three-unit lodge used as accommodations. The Statement of Intent (Attachment 3), and additional supplemental information (Attachment 4), provided by the applicants outlines a lengthy history of zoning classifications on the property. The applicants’ primary justification for the shift to A-1 (Accommodations, Low-Intensity) zoning is regulatory alignment. Under the current RM (Multi-Family Residential) zoning, the units are classified as a "triplex" or "independent dwelling units," which has resulted in the requirement for three separate Vacation Home Licenses (VHL) and three corresponding workforce housing linkage fees. The applicants contend that the A-1 (Accommodations, Low-Intensity) classification more accurately reflects their "small lodge" business model and would allow them to consolidate their regulatory requirements into a single accommodation license, with no associated linkage fees. The applicants previously applied for the rezoning request in Fall 2025 and went before the Planning Commission on January 20, 2026. At the public hearing, the Estes Park Planning Commission voted unanimously to forward to Town Board a recommendation of approval of the proposed Zoning Map Amendment, on the basis of the review criteria in § 3.3.D. of the Estes Park Development Code, if Town Board determines it is appropriate to approve per the purposes of Ordinance 11-25 (Ballot Question 300). Consequently, the applicants went before the Town Board on January 27, 2026 to request approval of the rezoning. The Town Board passed and adopted Resolution 12- 26, denying the Zoning Map Amendment (rezoning) from RM (Multi-Family Residential) to A-1 (Accommodations, Low Intensity) for failure to comply with Ordinance 11-25 as enacted by the voters of the Town by the passage of Ballot Question 300 in November 2025. Following this denial, the applicants have resubmitted their rezoning request to satisfy the requirements of Ordinance 11-25 (Ballot Question 300). They have obtained written approval from twenty-three (23) of the thirty-one (31) record property owners within 500 feet of the subject property. This represents seventy-four percent (74%) support, exceeding the required two-thirds (2/3) threshold. The applicants provided the written approvals to staff with the subject rezoning application (Attachment 5). Proposal: The applicants request to rezone the subject property from RM (Multi-Family Residential) to A-1 (Accommodations, Low-Intensity) for the purpose of reclassification of the existing three-unit accommodations structure from “Vacation Home” to “Resort Lodge.” In order to be reclassified, the property must be zoned to a district that allows such use, as “Resort Lodge” is not permitted in the property’s current RM (Multi-Family Residential) zoning. No future development is proposed with this application. Existing Site Land Use and Density The subject property is currently developed as a detached single-family residence and a three-unit lodge used as accommodations. If the property is rezoned from RM “Multi- Family Residential) to A-1 (Accommodations, Low Intensity), the minimum land area for development is 10,890 square feet per unit, or four (4) units per acre. For purposes of density calculation, The Estes Park Development Code (EPDC) does not distinguish between residential or accommodations uses, as both are permitted in the A-1 (Accommodations, Low Intensity) zoning district. The subject property is 0.80-acres, which if redeveloped, could support up to three units. “Chapter 6. Nonconforming Uses, Structures, and Lots” of the EPDC is applicable to uses, structures, and lots that were legally existing prior to the effective date of the code, February 1, 2000. Approval of the rezoning, and subsequent reclassification from “Vacation Home” to “Resort Lodge,” would not create a nonconforming use. However, there is concern that rezoning the lot would result in a nonconforming lot. § 6.8.B. of the EPDC states: In all nonresidential zoning districts, a lot that is nonconforming as to area or dimension as of the effective date of this Code may be occupied by any use permitted by right in the zoning district, provided that a by-right accommodations use shall not be developed on a lot with an area less than: 1. Forty thousand (40,000) square feet in the A zoning district, or 2. Fifteen thousand (15,000) square feet in the A-1 zoning district. Staff interprets this to mean that accommodation uses that are permitted by right in the A-1 (Accommodations, Low Intensity) zoning district may continue, as the existing lot is greater than fifteen thousand (15,000) square feet. However, if the lot is redeveloped, future development would be subject to the base density calculation of 10,890 square feet minimum lot area per acre, or up to three (3) units for the 0.8-acre property. Table 1: Zoning and Land Use Summary Subject Parcel Suburban Estate RM (Multi-Family Residential Single-Family Residential and Accommodations North Suburban Estate E-1 (Estate) Single-Family Residential South Mixed-Use Centers & Corridors A-1 (Accommodations, Low Intensity) Accommodations (Resort) East Public/Semi-Public A (Accommodations) Religious Institution West Public/Semi-Public A (Accommodations Religious Institution Estes Park Zoning Map Estes Forward Future Land Use Map The Future Land Use Map in the Estes Forward Comprehensive Plan provides a guide for land use policies and decisions that direct growth according to character and intensity of use. The Future Land Use Map designates the property as “Suburban Estate” (Attachment 6), which is intended for low to medium density single family residential development. Utilities & Services The existing development, including the single-family home and accommodation units, is currently served by Town water and power. Estes Valley Fire Protection expressed no concerns or objection to the rezone application. Upper Thompson Sanitation District expressed no opposition to the rezoning application but stated that a change of use from residential to commercial warrants reassessment and will result in a rate change. Site Access Existing access to the property is provided by Valley Road. No new access is proposed. However, Public Works has expressed concern with lack of Town right-of-way (ROW) in the vicinity of the property and has communicated this with the applicants. ROW dedication is optional and is not required with the rezoning process. Review Criteria All applications for text or Official Zoning Map Amendments shall be reviewed by the EPPC and Town Board for compliance with the relevant standards and criteria set forth below and with other applicable provisions of this Code. In accordance with § 3.3.D. “Standards for Review” of the EPDC, all applications for rezoning shall demonstrate compliance with the applicable standards and criteria: 1. The amendment is necessary to address changes in conditions in the areas affected; Staff Comment: There has been minimal development on the subject property or in the surrounding vicinity in recent years. However, there has been a change in conditions in the area since the current zoning was established in 2000. In 2011, for example, the property known as "Fall River Lodge in Estes Park," located at 900 W. Elkhorn Ave (directly across from the subject property), was rezoned from CO (Commercial Outlying) to A-1 (Accommodations, Low Intensity) (Attachment 7). This rezoning request was sought to convert a large residential building into a small resort lodge, a concept similar to what the owners of 440 Valley Road are proposing. 2. The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. Staff Discussion: Since no new development is currently proposed, staff has waived the development plan requirement per § 3.3.B.1 of the Estes Park Development Code: “All applications seeking to amend this Code to allow a change from one (1) zone district to a different zone district or seeking to amend this Code by changing the permitted uses in any zone district shall be accompanied by a development plan. This requirement may be waived by Staff if it finds that the projected size, complexity, anticipated impacts or other factors associated with the proposed development or subdivision clearly justify such waiver.” While no new development is planned, the rezoning can still be reviewed for compatibility and consistency with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. The Future Land Use map within the 2022 Estes Forward Comprehensive Plan categorizes the subject property as “Suburban Estate.” This designation lists single family residential as appropriate land uses and development. This designation does not promote future development of accommodation uses. Although the development is existing, reclassification of the existing three-unit accommodations structure from “Vacation Home” to “Resort Lodge” is inconsistent with the “Suburban Estate” land use designation. The proposed rezoning is consistent and compatible with the existing growth and development patterns in the Estes Valley and the surrounding area. Since the corridor primarily consists of accommodations, reclassifying the subject structure as a "Resort Lodge" would establish a compatible and consistent use within the neighborhood. Should future development occur, such development would be subject to the regulations of the Estes Park Development Code. Staff Finding: The proposed rezoning must align with the Comprehensive Plan and development patterns, despite no plans for future development. The 2022 Estes Forward Comprehensive Plan's Future Land Use map designates the property as "Suburban Estate" (single-family residential), which conflicts with reclassifying the existing three-unit structure from "Vacation Home" to "Resort Lodge." However, the rezoning is consistent with the surrounding accommodations corridor, making the "Resort Lodge" classification a compatible neighborhood use. 3. The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Staff Comment: The property is developed with existing residential and vacation home uses and is currently served by utilities. No comments in opposition to the rezoning were received and no comments indicated an inability to provide adequate services and facilities from service or utility providers. Advantages: • Approval of the rezoning request would allow the property owners to reclassify their use from “Vacation Home” to “Resort Lodge.” • Reclassification would allow the property owners to continue with their small lodge business operation and would ensure continued beneficial use of their property. Disadvantages: • Approval of the rezoning, and subsequent reclassification from “Vacation Home” to “Resort Lodge,” would result in a loss to the Estes Park Workforce Housing Regulatory Linkage Fund, as these fees would no longer be applicable. Action Recommended: At the public hearing on June 16, 2026, the Estes Park Planning Commission voted unanimously to forward to Town Board a recommendation of approval of the proposed Zoning Map Amendment, on the basis of the review criteria in § 3.3.D. of the EPDC, if the Board determines it is appropriate to approve per the purposes of Ordinance 11-25. Finance/Resource Impact: Approval of the rezoning, and subsequent reclassification from “Vacation Home” to “Resort Lodge,” would result in an annual loss of approximately $4,500 to the Estes Park Workforce Housing Regulatory Linkage Fund, as this fee would no longer be applicable. In the event that new development is proposed in the future, the cost to extend or improve infrastructure (roads, utilities, etc.) would be borne by the property owner and not the Town. Ongoing maintenance of public infrastructure would become the responsibility of the Town, as would the provision of other services. Level of Public Interest: Low. A neighborhood and community meeting regarding the rezoning was held on-site on April 11, 2026 and there were two attendees. No concerns or opposition were expressed. At the time of this writing, one letter of public comment was received (Attachment 8). Opposition was expressed, stating concerns that the rezone will “…change the dynamics from a residential street to a commercial area.” The letter also expressed concern regarding verification of the written approvals of the adjacent property owners, which have been provided by the applicants. Public comments are posted to https://estespark.colorado.gov/currentapplications. Staff provided public notice of the application in accordance with EPDC noticing requirements. • Written notice mailed to adjacent property owners on May 27, 2026. • Legal notice published in the Estes Park Trail-Gazette on May 29, 2026. • Application posted on the Town's "Current Applications" website. • Proof of sign posting provided by the applicants on June 1, 2026. Sample Motion: 1. I move to approve Ordinance 11-26. 2. I move to continue Ordinance 11-26 to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3. I move to deny the rezoning application, finding that … [state reasons for denial]. Attachments: 1. Ordinance 11-26 2. Application 3. Statement of Intent 4. Additional Information by Applicants 5. Written Approvals of Adjacent Property Owners 6. 2022 Comp Plan Excerpt- Suburban Estate 7. Ordinance 20-11 8. Public Comment Letter 9. Rezoning Exhibit (Aerial Map) 10. Current Estes Park Zoning 11. 2022 Comp Plan Future Land Use Map ORDINANCE NO. 11-26 AN ORDINANCE REZONING 440 VALLEY ROAD FROM RM (MULTI-FAMILY RESIDENTIAL) TO A-1 (ACCOMMODATIONS, LOW INTENSITY) WHEREAS, the property addressed 440 Valley Road and legally described as a Metes and Bounds parcel commencing at Pt 1170 Ft W Of SE Cor 23-5-73; Th N 01' E 618.8 Ft To Cen Rd, Th Alg Cen Sd Rd S 79 31’ W 129.2 Ft, N 69 48’ W 45.4 Ft TPOB, S 26 21' W 263 Ft, N 34 42’ W 203.4 Ft, N 27 24’ E 105.6 Ft, N 81 34’ E 82.7 Ft, S 69 48’ E 108.8 Ft TPOB, Estes Pk; Less Rd As Per 2024-007, is currently zoned RM (Multi-Family Residential); and WHEREAS, the property owners Denice D. Borda, Brian Delaney, and Dana D. Burke have applied for the subject property to be rezoned to A-1 (Accommodations, Low Intensity); and WHEREAS, the Estes Park Planning Commission forwarded to the Town Board of Trustees a recommendation of approval; and WHEREAS, the application for rezoning meets the criteria for an Official Zoning Map amendment as listed in section 3.3 of the Estes Park Development Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board finds this Official Zoning Map amendment necessary to address changes in conditions in the areas affected. Section 2: The Board finds the existing development, which this Official Zoning Map amendment would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. Section 3: The Board finds the Town, County and other relevant service providers have the ability to provide adequate services and facilities that might be required with approval of this Official Zoning Map amendment. Section 4: The Board finds the application complies with the citizen-initiated Ordinance 11-25. Section 5: The application for the Official Zoning Map amendment is hereby approved. Section 6: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2026 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2026, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Land Use Application Project Information Lot Size______________Zoning_____________ Existing Land Use______________ Proposed Land Use__________ Is property located in the Floodplain? yes [ ] no [ ] Is property part of a Condominium Association? yes [ ] no [ ] Utility Services Water Service (Existing) [ ] Town [ ] Well Water Service (Proposed) [ ] Town [ ] Well Sanitary Sewer Service (Existing) [ ] EPSD [ ] UTSD [ ] Septic Sanitary Sewer Service (Proposed) [ ] EPSD [ ] UTSD Attachments Required: Statement of Intent, Digital Copy of Plat/Plans Attachment 2 Revised 2020.04.23 ks Consultant/Engineer PLEASE PRINT: PLEASE PRINT: Date Date Email Applicant Record Owner(s) Signatures: MINERAL RIGHT CERTIFICATION (not required for Board of Adjustment) Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: APPLICATION FEES For development within the Estes Park Town limits view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. Record Owner Revised 2024-03-11 ks ► ► ► ► ► ► ► ► ► PLEASE PRINT: PLEASE PRINT: Date Date APPLICANT CERTIFICATION Signatures: Record Owner Applicant Names: I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: estes.org/developmentcode I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC. I understand that I am required to obtain a "Development Proposal" sign from the Community Development Department and that this sign must be posted on my property where it is clearly visible from the road, no later than ten business days prior to the public hearing. I understand that a resubmittal fee will be charged if my application is incomplete. The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. I grant permission for Town of Estes Park Employees/Planning Commissioners/Board of Adjustment members, with proper identification, access to my property during the review of this application. I understand that full fees will be charged for the resubmittal of an application that has become null and void For Board of Adjustment applications: failure of an applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval may automatically render the decision of the BOA null and void. (EPDC Section 3.6.D) DEVELOPMENT REVIEW APPLICATIONS IMPORTANT INFORMATION REGARDING DEADLINES AND FEES •Applicant is responsible for ensuring their deadlines are met. •A resubmittal fee may be charged when deadlines prior to review by the Decision-Making Body are not met, and the application may be delayed by a month or more. •Requests for time extensions after approval by the Decision-Making Body must be made in writing prior to the deadline. Request must state the reasons supporting the requested extension and the requested deadline. Failure to meet deadlines without written acceptance of a new deadline from planning staff will result in the approval becoming null and void. •Full fees will be charged for the resubmittal of an application that is null and void. •Per EPDC §3.2.C, “No changes to the development application or any accompanying plans or information shall be permitted after submittal, except for any changes or additional information request by staff during their review.” Statement of Intent The rezoning of 440 Valley Rd to A1 will accurately depict the actual existing use classification, low-intensity accommodations, and specific use – small lodge low-intensity. This will allow the property to be utilized as designed and permitted in 1987 and family operated for 15 years. We the four senior owners of a small family owned and managed 1500 SF low intensity STR building with three units – B1 - a “guest-unit” studio with kitchenette (2 guest max), B2 - a studio with kitchen (2 guest max), and B3 - a 1-bedroom with kitchen (4 guest max} – request to be rezoned from RM to A1. We have for 15 years been a successful STR accommodation business with an onsite owner/property manager, as was required by the Town Clerk when we went into business in 2011. We feel that our small, low-intensity accommodation is an excellent example of what a STR was originally intended to be in Estes Park. We have had zero complaints of any kind in 15 yrs – neither noise or any type of citation from the city or a neighbor. We have had thousands of happy guests and feel fortunate to have hosted them and take pride in helping to make their dream national park vacation come true. In the last 15 years, the industry has transformed from a small presence to an overcrowded market and may be starting to slow down. In 2011 we were required to have one business license as an accommodation under one roof with an onsite manager. In 2017 (Ordinance 29- 16)the town clerk sent three registration packets to our business and this then translated to three business licenses. Then in 2023 (Ordinance 02-22) the three business licenses each incurred a work force linkage fee. Our business has been affected by these ordinances, and after meetings with the CDD and the Town clerk in 2023 we see no relief from the unfair triple business license/triple linkage fees we pay annually. The linkage fee has increased each year with the cost-of-living. We face a hardship and a competitive disadvantage to large vacation homes; as a small niche business of studio units, we are being taxed at a multi-bedroom rate. These large homes pay one work force housing fee of $1500 while our small accommodation which normally sleep 2/unit also pays $1500/unit – for a total of $4500. Financially in 2025 we will have our first loss and we have had to raise our rates >$32/night to cover just the linkage fee. We are uncertain if we can stay in business as a small 3-vacation home licensed business, in the RM zone. We request rezoning to A1 so our business, that does not fit the typical vacation home model of large independent dwelling units, does not have to incur the unfair burden of having 3 business licenses and 3 linkage fees for such a small low intensity building. Background: Our family property at 440 Valley Rd was incorrectly rezoned in the 2000 EVDC city rezone as we’ve been told occurred to many properties in Estes Park. Our parents purchased the property in 1986 as CO (single family + antique shop) and it was rezoned to E1 single family. The “corrective rezone” which occurred in 2010 from E1 to RM was also a mistake, and it should Attachment 3 have been rezoned to A1. After my father’s death in 2008 we no longer could use the two buildings as fulltime family residences. The CDD in 2009-2010 had lost the “address file” – thus all the records for our property. The burden of proof that my parents had submitted the required plans/permits for converting an old antique shop into 3 low intensity accommodations/guest units was placed on the 3 surviving children who had always planned to complete our father’s 1987 design. Note: 19 CDD records were finally found at city Hall, 13 years later, in 2023 after 2 CORA requests were made by the owners. The first records request was made at the direction of CDD Director J Garner who profusely apologized “we just keep finding files”. Thankfully our father was an architect/chief of Planning and Engineering at Purdue University and we supplied CDD with the permit numbers and our father’s architectural plans from 1987 and 2001 (#4075, M-50-01). In the 2010 CDD corrective rezone there were delays and unnecessary confusion in a complex process for first time hopeful business owners – we were falsely accused as code violators, and informed by CDD Director Bob Joseph that we no longer owned a commercially zoned property – but only after he denied us a 2010 plumbing permit to remodel the final 3rd small 1 bedroom unit that we had worked tirelessly to get ready, so we could get a STR business license. In 2009, CDD had sent code enforcement/police unannounced on a false code violation to inspect the property a few months after our father’s death, but there was no mention of the non-conforming E1 city-wide zoning mistake nor was the error addressed when my father got a permit in 2001 – just a year after the EVDC rezone. The email records between code enforcement, the police and Larimer County substantiate that the “address file” went missing at this time. Director Joseph directed that until we correctively rezoned to RM, and purchased an additional UT sewer tap to allow for a kitchen sink/dishwasher in the 3rd unit, we could not get a plumbing permit to proceed. Note: this was the second tap for the 1500 SF building as he allowed unit B1 to be grandfathered in from 1987 as a guest unit. At the 11/16/2010 Town Board study session, Commissioner Poggenpohl stated it was quite a stretch to go from CO to E1 single family; he then questioned why the corrective rezone was not for A1 or as it was originally zoned. We then realized we had not been presented with the correct intended use for our small low intensity accommodation business. We believe that with no records at CDD in 2010, the false accusations, and having to prove we had legal permits, the true intended use for the property was misguided. We did get it “correctively rezoned” and there was no CDD fee when we agreed to a downgraded corrective rezone from the original CO to RM. However, the intended use was always for low intensity accommodations, as the submitted architectural drawings and permit in 1987 recorded. We later realized the CDD use written on the 3 Certificates of Occupancy “new attached single family dwellings” and labeling the small building a “triplex ” was not accurate and nor was RM, for our intended use. No new development is planned at our property. Rezoning to A1 is more in line with the Future Land Use Map of 2022, with mixed-use properties across the street and semi-public lands on both sides of the property. Without rezoning, the property is a lone outlier in the current and future maps – as a “suburban estate” and the only such property directly on the “accommodation/business highway 34 corridor ”, and as an RM property surrounded by A, A1, and CO in the immediate highway corridor and intersections. This area will see increased traffic as the Elkhorn redevelopment and larger commercial workforce projects on Hwy 34 are completed. Our intent is for the property to retain its natural beauty and low intensity character for the enjoyment of our guests and family, and to maintain the designated wildlife corridor along the Fall River. To: Estes Park Planning Commission, Estes Park Town Board From: Denice and Don Borda, Brian Delaney, Dana Burke, 440 Valley Rd. 6/10/26 During the 2000 Estes Park town-wide rezone and adoption of the Estes Valley Development Code, 440 Valley Rd was rezoned from CO to E-1. CDD Director Joseph in the 2010 TB memo stated “440 Valley Road was commercially zoned for at least 25 years, and allowed for multi- family residential use”. Our father, an architect, purchased the property in 1986 and remodeled the antique shop into studio/cottages in 1987 with permit #4075 (attachment 1). In 2010 the owners/adult children were unaware of the townwide rezone mistake until they applied for a plumbing permit on 9/27/2010. We believe our parents were not informed in 2000, of the rezone of their property. It was not reflected in any of their architectural or property records, or on town documents after the 2000 rezone, such as a 2001 permit #M-50-01 to add an office to unit #3 of the studio/cottages. 2010 Rezone E1 to RM - Director Joseph’s Planning Dept. correctively rezoned the property to how it had been used by our deceased parents, and they ignored the applicants intended use as a small accommodation of three guest units as designed and permitted in 1987 (attach. 2 and 3, floor plans). Director Joseph’s team changed the use of the building from studio / 2 cottages as written on the 1987 permit #4075, to three attached dwelling units listed as the job description on the 2010 plumbing permit (attachment 4). This was learned after a 2023 CORA action, which revealed internal office communications on plumbing permit B-8961. On 9/27/10 the applicants were ambushed by CDD when their plumbing permit was denied and work was stopped until 10/18/10 (Chronology attach 5). The owners were instructed by Joseph to file an application to corrective rezone from single family to RM, and to purchase a second water tap for $7500 to get the plumbing permit to restart work. The owners were railroaded into giving up commercial zoning, with false code violations of “no permits”, harassment by the police on two visits to the property, and Planning claims that they had lost the address file on the property - permits, plans, everything. No code violation was ever pursued by Planning and presented to the owners in 2008 -2010. When the files were found in 2023 by a second CORA search, it disclosed that Planning was still referring to the false violation of a 5-plex (attach 6) when the property has always been 3 guest units. This is referenced on 10/8/10 in a note to the Water Dept., questioning the need for increased rates (attachment 7). This mistake of a 5 -plex stayed on County Assessor records for a decade. The owners were recently reimbursed by the ToEP for 15 years of overpayment for a construction water tap relating to the 2010 rezone. Nothing was presented in the corrective rezone 11/23/10 memo (attach 8) or presentations to the Planning Commission or Town Board that the owner’s intended use was to get a business Attachment 4 license and rent the guest units. Planning Commissioner Poggenpohl at the Study Session for rezone questioned why the property was not correctively rezoned to A1 and stated that it was quite a stretch to go from CO to E1 single family. At that Planning Commission Study Session the applicants learned of the mistake to rezone to RM, and that it should have been to A-1. At this point, the applicants were informed they could not speak at a study session, and it was too late to correct the misguided corrective rezone to RM. Our Father was Chief of Planning and Engineering at Purdue University for 26 yrs. He maintained detailed files and utilized the 1985 Uniform Building Code (UBC), as utilized by the town, to design the units permitted in 1987. It is noted that our father received the UBC document from Steve Stamey, planner for the Town of Estes Park, on 5/22/87 (attach 9). The UBC from 1985 states in 17.24.040 – Dwelling Area, “A minimum of 600 square feet of floor area shall be provided for each family dwelling unit”. The 3 guest units that he designed were each less than 600 sq ft of livable space and should not have been classified family dwelling units in 2010, but should have remained studio/cottages/guest units. In the rezone memo dated 11/23/2010 to the Town Board, Joseph states that staff became aware of the multi-family use when the property owner applied for a building permit for one of the units. Though in the 2010 memo to the Planning Commission, Planner Ch ilcott states they knew of the mistake in 2008, when the county and police were sent to the property. Director Joseph and staff had numerous opportunities to catch the E-1 mistake in the 2000 townwide rezone. These incidents occurred: 1. 1987 permit (#4075) for the 3 guest units. 2. No notification postcards were returned by the applicant’s parents during the 2000 town-wide rezone. Planning had a database and confirmed this in 2010. 3. In 2001 a new permit was pulled to add an office to the third guest unit #3 (# M -50-01). 4. In 2008 emails, obtained from the 2023 CORA, Planning informed the County that there was a 1987 permit #4075, but it was ignored by Planning, the County, and the Police. 5. In 2008, Larimer County visited the property unannounced and badgered the applicants 86-year-old father and took photos of the doors and property. The County/Planning then created a false 5-unit apartment complex floor plan of the building (attach 6). These mistakes affect our business today, and have caused a financial hardship that A-1 zoned properties do not share. In 2011 the structure’s classification was changed from guest unit to “New Attached Single-Family Dwelling” on the certificate of occupancy. This official document has no ordinance or code to guide what label goes in the blank, per Planning and the Chief Building Official at our October 2025 meeting. During this meeting, we were notified that they had three additional Cert. of Occupancy for our 3 guest units issued in 2019. They were labeled: “This One-Story Triplex”. We were unaware new official documents were issued. This Certificate of Occupancy is important in classifying STR’s for Vacation Home licensing and for Accommodation classification. It affected our licensing in 2017 when a Cert. of Occupancy became a licensing requirement (Ord. 29-16). We were issued one license for The Bunkhouse at Old Man Mtn. for the first 6 years of business, 2011-2016, and then we were required to have 3 business licenses with the new ordinance that required a Cert. of Occupancy. Had the Certificates had the correct label of guest unit and not new single-family dwelling unit, which UBC states is greater than 600 sq ft, this would have required one license and not three. Since starting the business in 2011, the Town Clerk required an onsite manager, for an accommodation with 3 units (but not required of a vacation home) which we continue to do and have done for 15 years. In 2023 the 3 licenses required a new Work force linkage fee for a total of $4500 (Ord. 02-22). On 1/31/26 we were required to renew the licenses and Workforce Housing fees totaling $5150. We have paid over $20,000 in Workforce Housing fees and licensing over 4 years. As an A-1 accommodation we would have paid $200 over 4 years for one business license. So, Seniors who are part of the workforce, are required to subsidize the new workforce while motels, hotels, lodges, restaurants, shops and businesses, who require a work force, pay nothing in workforce linkage fees. Fall River Lodge, directly across Business Hwy 34 from The Bunkhouse, was used by CDD as a comparison as a similar small residential building converted into a small resort lodge. It is similar to what we are requesting be restored, CO to A1, if our commercial zoning had not been taken in the 2000 town-wide rezone. However, Fall River Lodge was never a small residence, it was designed as a 10,339 sq ft residence, 8 bedrooms, 9 baths, 3 kitchens, a pool and exercise room. They pay no workforce housing linkage fee and (as the owners informed us in our neighborhood meeting) they pay $50 per year for one business license. Ballot 300 - Planning contended our application was submitted on November 25, 2025 in our first application. The applicants submitted a Rezoning Request application on October 20, 2025 and made payment at that time. This was prior to the 11/4/25 Estes Park vote on ballots 300 and 301, and the certification of the results of the passage of Ballot 300 in late November. On 11/28/25 we became aware from local online news that Ballot 300 passed and Ballot 301 did not. Since we began the Standard Development Review Process prior to the vote and certification of the results of the passage of Ballot 300, we believed it did not apply to our rezone request, just as the Town-owned 179 Stanley Circle rezone was contending. The Town Board denied both rezone requests based solely on Ballot 300. However, we were informed during the Town Board meeting by Planning that if we obtained the required signatures the application would be promptly revisited and the rezone approved. Immediately after the Town Board Meeting we began contacting neighbors for the approval signatures required from property owners within 500 feet of our property. On February 26, 2026 we presented greater than 67% of the required signatures to the Town Clerk and then the Town Board. The Town Board stated they were in uncharted waters and should have continued the Zoning Map Amendment application to the next meeting instead of denying it, and that they would know better the next time. They agreed to address the issue in an Executive session and we were told that there was no mechanism to overturn the denial based solely on ballot 300. We were instructed by the Mayor and the Town Administrator to submit a second application and complete the entire process over again. Planning agrees we have 74.2 % approval of adjacent property owners within 500 feet of the property and they recommend approval of our rezone. Attachment 5 SUBURBAN ESTATE The Suburban Estate category is intended for low to medium density single family residential development, including conservation development that may be supported by limited small-scale neighborhood commercial located at crossroads or along arterial roads within the Town� Any non-residential uses are appropriate when they demonstrate the following: »Supports a local, neighborhood need »Is appropriately located for the access and transportation requirements of the activity (e�g�, a rustic camp may be acceptable on gravel road, whereas a retail use should be located on a paved road) »Availability of adequate utilities and infrastructure (e.g., water, sewer, fire protection) »Scale and intensity of the use is in harmony with the surrounding neighborhood based on factors such as: •Built character •Proximity to residential areas •Proximity to sensitive environmental features or wildlife areas •Proximity to unique or highly visible viewsheds, landforms, or places of interest Appropriate Land Uses and Development Types »Single family residential subdivisions with low to medium density »Single family homes with accessory dwelling units »Single family clustered or conservation developments (in the County) »Limited neighborhood-serving commercial located at primary intersections (in the Town or key locations) Built Form The Suburban Estate Category typically consists of medium-sized single-family homes on lots that are at least a quarter-acre in size� Medium-density conservation development with smaller lots requires public water and wastewater� However much of the development in this category is served by septic where public wastewater is unavailable and larger lots can accommodate individual systems� New homes should be appropriately scaled for compatibility with existing neighborhood character� Existing suburban neighborhoods served by public utilities can accommodate moderate increases in density through the addition of Accessory Dwelling Units� »Building Height: 1 - 2�5 stories »Block Length: N/A »Primary Road Setback: 30+ ft� »Transportation System: Automobiles are the primary mode of transportation on low-volume streets that are wide enough for pedestrians to safely walk the shoulder� As much as possible, dead-end streets and cul-de-sacs are discouraged in favor of efficient, interconnected street networks. Previous (1996) Future Land Use Categories »Estate 1 Acre Min� »Estate 0�5 Acre Min� 67ESTES FORWARD | COMPREHENSIVE PLAN Attachment 6 0 0 ORDINANCE NO.20-11 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE LOT I OF THE WITT SUBDIVISION LOCATED AT 900 W.ELKHORN AVENUE WHEREAS,the Estes Valley Planning Commission has recommended rezoning a Lot 1 Witt Subdivision,located at 900 W.Elkhorn Avenue,from CO Commercial Outlying to A-i Accommodations;and WHEREAS,the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the recommended zoning change be granted. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:The zoning Lot 1 Witt Subdivision,located at 900 W.Elkhorn Avenue,shall be changed from CO Commercial Outlying to A-i Accommodations. Section 2:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF PARK,COLORADO,THIS 27’DAY OF SEPTEMBER,2011. tb41in Clerk 1tEPLTt’j I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 27 day of September,2011 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the 3O- day of c ,2011,all as required by the Statutes of the State of Colorado. a ToVn Cerk T Attachment 7 Attachment 8 ESTES PARK Town of Estes Park Community Development P�h,to..l, 1 /1? /'J017 r.rp:,tprl Rv· I.incl:, :.rrlin 440 Valley Rd. pproximate Propert y Boundary Lines N A 1 in= 52 ft 0 25 Feet 50 This draft document was prepared for internal use by the Town of Estes Park, CO. The town makes no claim as to the accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that you do not post this document on the internet or otherwis m�lrP it �n,�i1�hlP tn nPrcnn� nnlrnno.m �n un11 Attachment 9 A A-1 CO E RE RM E-1 Fall River PRIVATEDR FALLRIVERLN WWONDERVIEWAVE WELKHORNAVE PR I V A T E D R VALLEY RD 355 525 855 813 470 450 490 900 890 775 415 701 777 455 920 801 455 480 440 450 460 470 430 410 900 875 350 880 825 441 445 560 490 845 740 496 951 132 325 This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 100 200Feet 1 in = 181 ft±Town of Estes ParkCommunity Development ZoningDistricts Printed: 10/20/2025Created By: kwasham Legend BuildingsZoning Zoning Class Accomodations (A) Accomodations (A-1) Commercial Outlying (CO) Commercial Downtown (CD) Commercial Heavy (CH) Office (O) Restricted Industrial (I-1) Rural Estate: 2 1/2 acre min. (RE) Estate: 1 acre min. (E-1) Estate: 1/2 acre min. (E) Residential: 1/4 acre min. (R) Residential: 5000 sqft min. (R-1) Two Family: 27,000 sqft min. (R-2) Multi-Family: 3-8 du/acre (RM) Attachment 10 Fall River PRIVATEDR FALLRIVERLN WWONDERVIEWAVE WELKHORNAVE PR I V A T E D R VALLEY RD 355 525 855 813 470 450 490 900 890 775 415 701 777 455 920 801 455 480 440 450 460 470 430 410 900 875 350 880 825 441 445 560 490 845 740 496 951 132 325 This draft document was prepared for internal use by theTown of Estes Park, CO. The town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 100 200Feet 1 in = 181 ft±Town of Estes ParkCommunity Development Future Land UseMap 2022 Printed: 10/20/2025Created By: kwasham Legend Buildings Future Land Use -2022 <all other values> Future Land Use Accomodations Mixed-Use Centers and Corridors Downtown Industrial Mix Public/Semi Public Mixed Residential Neighborhood Suburban Estate Neighborhood Village Mountains and Foothills Natural Resource Conservation and Parks Attachment 11 Town Board Public Hearing June 23, 2026 Ordinance 11-26 440 Valley Road Rezone Denice D. Borda, Brian Delaney, and Dana D. Burke (Owners/Applicants) Presented by Kara Washam, Planner II COMMUNITY DEVELOPMENT Presentation Received 2026-06-23 Objective Conduct a public hearing to consider an application for a proposed Zoning Map Amendment (rezoning) from RM (Multi-Family Residential) to A-1 (Accommodations, Low- Intensity), review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the application. Vicinity Map of Subject Area Background The subject property is zoned RM and contains 2 structures: •Detached single-family home used residentially by one of the property owners. •Small, three-unit lodge used as accommodations. The applicants seek a rezoning to A-1 for regulatory alignment: •Current "triplex" classification necessitates 3 separate Vacation Home Licenses and workforce housing linkage fees. •Reclassifying as A-1 would better match their lodge model, consolidating these into a single accommodation license without linkage fees. Existing Site Present Situation Previous History: •EPPC unanimously recommended approval on January 20, 2026. •Town Board denied the request on January 27, 2026 (Resolution 12-26), citing non-compliance with Ordinance 11-25 (Ballot Question 300). Current Status: •Applicants have resubmitted the request to satisfy Ordinance 11-25 requirements. •Secured written support from 23 of 31 record property owners within 500 feet (74% support). •Exceeds the 2/3 (66.7%) threshold required by the ordinance. •EPPC unanimously recommended approval on June 16, 2026. Proposal The applicants request to rezone the subject property from RM (Multi-Family Residential) to A-1 (Accommodations, Low- Intensity). •Reclassification of the existing three-unit accommodations structure from “Vacation Home” to “Resort Lodge.” •Property must be zoned to a district that allows use. •Resort Lodge” is not permitted in the property’s current RM (Multi-Family Residential) zoning. •No future development is proposed with this application. Existing Lodge Land Use and Density The subject property is currently developed as a detached single-family residence and a 3-unit lodge used as accommodations. A-1 Density/Lot Size: •Minimum 10,890 sq. ft. per unit (4 units/acre). •Subject property (0.80 acres) could support up to 3 units if redeveloped. •EPDC does not distinguish between residential or accommodations uses, as both are permitted in the A-1. Land Use and Density, cont. EPDC § 6.8.B. (Nonconforming Lots/ Accommodations Use): •Accommodations use on a lot nonconforming as of Feb. 1, 2000, must be at least 15,000 sq. ft. in A-1. Staff Interpretation: Existing accommodations use is permitted to continue as the lot is greater than 15,000 sq. ft. Future Redevelopment: Any future redevelopment must adhere to the A-1 base density of 10,890 sq. ft./unit (max 3 units for this property). Estes Park Zoning Estes Forward Future Land Use Utilities and Services The existing development, including the single-family home and accommodation units, is currently served by Town of Estes Park Water and Power. Estes Valley Fire Protection expressed no concerns or objection to the rezone application. Upper Thompson Sanitation District expressed no opposition to the rezoning application but stated that a change of use from residential to commercial warrants reassessment and will result in a rate change. Review Criteria Pursuant to § 3.3.D. of the EPDC, an application for a Zoning Map Amendment (rezoning) shall be reviewed for compliance with relevant standards and criteria: 1.The amendment is necessary to address changes in conditions in the areas affected. 2.The Development Plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. 3.The Town, County or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. Review Criteria #1 1.The amendment is necessary to address changes in conditions in the areas affected. •Minimal development on the subject property or in the surrounding vicinity in recent years. •Change in conditions in the area since the current zoning was established in 2000. •In 2011, the property known as "Fall River Lodge in Estes Park,“ directly across from the subject property, was rezoned from CO (Commercial Outlying) to A-1 (Accommodations, Low Intensity). •This rezoning was requested to convert a large residential building into a small resort lodge. Review Criteria #2 2.The development plan, which the proposed amendment to this Code would allow, is compatible and consistent with the policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. •Since no new development is currently proposed, staff has waived the development plan requirement per § 3.3.B.1. •Rezoning should still be reviewed for compatibility and consistency with the policies and intent of the Comp Plan and with existing growth and development patterns in the Estes Valley. Review Criteria #2, cont. The "Suburban Estate" future land use designation permits single-family residential development but is inconsistent with the proposed reclassification of the structure from "Vacation Home" to "Resort Lodge." •Rezoning aligns with the existing growth and development patterns of the Estes Valley, as the corridor is primarily composed of accommodations. •Reclassifying the structure as a "Resort Lodge" would be compatible with the neighborhood. •Any future development would be subject to regulations of the EPDC. Review Criteria #3 3.The Town or other relevant service providers shall have the ability to provide adequate services and facilities that might be required if the application were approved. •The property is developed with existing residential and vacation home uses and is currently served by utilities. •No comments in opposition to the rezoning were received and no comments indicated an inability to provide adequate services and facilities from service or utility providers. Advantages & Disadvantages Advantages: •Approval of the rezoning request would allow the property owners to reclassify their use from “Vacation Home” to “Resort Lodge.” •Reclassification would allow the property owners to continue with their small lodge business operation and would ensure continued beneficial use of their property. Disadvantages: •Approval of the rezoning, and subsequent reclassification from “Vacation Home” to “Resort Lodge,” would result in a loss to the Estes Park Workforce Housing Regulatory Linkage Fund, as these fees would no longer be applicable. Action Recommended At the public hearing on June 16, 2026, the Estes Park Planning Commission voted unanimously to forward to Town Board a recommendation of approval of the proposed Zoning Map Amendment, on the basis of the review criteria in § 3.3.D. of the EPDC, if the Board determines it is appropriate to approve per the purposes of Ordinance 11-25. Public Noticing & Interest Staff provided public notice of the application in accordance with EPDC noticing requirements. •Written notice mailed to adjacent property owners on May 27, 2026. •Legal notice published in the Estes Park Trail-Gazette on May 29, 2026. •Proof of sign posting provided by the applicants on June 1, 2026. •Application posted on the Town's "Current Applications" website. Public interest in this rezoning request is low. •Neighborhood Meeting was held on April 11, 2026 (2 attendees). •At the time of this writing, one letter of public comment was received, expressing opposition. Sample Motions 1.I move to approve Ordinance 11-26. 2.I move to continue Ordinance 11-26 to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3.I move to deny the rezoning application, finding that … [state reasons for denial]. Presentation Received 2026-06-23 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Director Hinkle Department: Events & Visitor Services Date: June 23, 2026 Subject: Resolution 77-26 Contract Renewal with Cervi Championship Rodeo for the 2026 Rooftop Rodeo Stock Contracting Type: Contract/Agreement Objective: Approval of the Service Contract for the Rooftop Rodeo Stock Contractor with Cervi Championship Rodeo. Present Situation: The Rooftop Rodeo Stock Contractor provides the stock, key personnel, equipment and is responsible for PRCA events conducted in the arena. The 2025 contract did not go through Town Board approval and was signed by Director Hinkle. It is over the spending authority for Director Hinkle and should have been signed by the Mayor. This was an oversight error by staff. Since the contract was not approved by the Town Board, this renewal will need to be approved by the Town Board. Proposal: This is a budgeted service for the Rooftop Rodeo. Advantages: This will ensure a top quality PRCA rodeo drawing the best contestants. Disadvantages: Would not be able to produce a PRCA rodeo without a Stock Contractor. Action Recommended: Approval of the Service Contract with Cervi Championship Rodeo. Finance/Resource Impact: Budgeted Expense 101-5500-455-29-18 General Fund, $104,807 plus cattle $52.25 each, budgeted amount for stock contractor is $128,408. Level of Public Interest: Low level of interest. Sample Motion: I move for the approval/denial of Resolution 77-26 Contract Renewal with Cervi Championship Rodeo for Rooftop Rodeo Stock Contracting 2026 Attachments: 1. Resolution 77-26 2. Rooftop Rodeo Stock Contract - Cervi Championship Rodeo RESOLUTION 77-26 APPROVING RENEWAL NUMBER ONE FOR THE ROOFTOP RODEO STOCK CONTRACTOR WHEREAS, the Town Board wishes to renew a services contract agreement referenced in the title of this resolution for the purpose of providing stock, key personnel, equipment and holding responsibility for PRCA events conducted in the arena. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the services contract agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Attachment 2 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo Through: Town Administrator Machalek From: Paul Fetherston, Internal Services Director Ian Stewart, Chief of Police Derek Pastor, Project Manager Department: Internal Services Date: June 23, 2026 Subject: Resolution 80-26 Contract with Infusion Architects, LLC Design Services and Construction Management Assistance for the Estes Park Public Safety Facility Type: Contract/Agreement, Resolution Item removed by staff to be heard at a future meeting. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jacqueline Wesley, P.E., Project Manager Jason Fredricks, Water Superintendent Reuben Bergsten, Utilities Director Department: Utilities Department Date: Subject: Type: June 23, 2026 Resolution 81-26 Adoption of the 2025 – 2026 Water Master Plan Resolution Objective: Obtain Board approval of the 2025/26 Water Master Plan and inform the Board of the public input received. Adoption of the master plan allows staff to move forward with additional planning elements and items to be established in the 2027 budget. Formal adoption of the water master plan helps support funding and grant requests that are being identified by staff. Present Situation: The 2025/26 Water Master Plan was presented to the Board in a Study Session on February 10, 2026 (Attachment 3). The master plan includes a review of the existing condition of key water assets and a rating of the assets based on risk and consequence of failure, recommendations for asset improvements based on the risk assessment, and a preliminary cost and financing strategy. The 2025/2026 Water Master Plan recommends pipeline and tank replacement and recommends the construction of a new water treatment plant that includes redundancy in treatment and improved reliability. During the Study Session, Town Board provided guidance regarding the level of stakeholder and public outreach to share information about the Water Master Plan. After the February 10, 2026 Study Session, the 2025/2026 Water Master Plan was made available for public review at the library circulation desk. Additionally, staff conducted three drop-in information sessions with approximately 20 residents attending and one drop-in information session sponsored by the Chamber of Commerce. Input and inquiries primarily focused on potential impacts from the depressed snowpack, potential for water restrictions, and consideration of rate impacts on lower income customers. Several customers asked about fire flow storage and fire protection. Staff received multiple inquiries on the potential site for the new plant, and very few comments regarding the technical elements of the plant or how we prioritized improvements. Staff also presented information about the master plan at two Rotary Club meetings (Attachment 4). Staff presented information from the master plan to the Estes Valley Fire Protection District representative and developed and circulated information sheets to the Estes Valley School District and to the Park Hospital. Customer comments and inquiries have not resulted in any changes to the 2025/2026 Water Master Plan. Proposal: Staff propose the Town Board adopt the 2025/2026 Water Master Plan and authorize staff to initiate the first steps toward implementation. The first steps of the implementation plan are to start the selection and contracting process with a professional services/engineering consulting firm to support site recommendations, refine planning and cost development, identify and prioritize funding sources and water rates, and initiate regulatory coordination with the Colorado Department of Public Health and Environment (CDPHE) to determine the treatability of the raw water and the recommended treatment processes. Staff desire starting the professional services selection process in 2026, with contracting scheduled for early 2027. Advantages: Start of the formalized planning process for the implementation of recommended improvements included in the 2025/2026 Water Master Plan. Recommended improvements include development of a new water treatment plant, additional refinement of capital cost estimates for all improvements, and development of a plan for replacing the Big Thompson water tank that provides additional fire flow storage. Allows for initiation of identification and planning for grants and loans that support development of the recommended improvements. Allows staff to start the process of selecting and contracting with an engineering firm to support the planning process to implement the recommended improvements, including but not limited to site evaluation for the new treatment plant, distribution system modeling to refine storage requirements in each pressure zone, and preliminary activities to support permitting and other regulatory or water rights requirements. Disadvantages: Adoption of the 2025/2026 Water Master Plan advances the implementation of the recommended improvements including a new water treatment plant; however, there will be multiple opportunities for the Town Board to slow or stop the implementation process or to seek additional clarification. Public input at the master plan information sessions was low and the public may not understand the influence that the recommended water system improvements have on water rates; however, as part of a separate rate study process, numerous outreach events are being scheduled and there will be two public hearings allowing additional input. Action Recommended: The Town Board adopt the 2025/2026 Water Master Plan and authorize staff to complete the first phase of the implementation plan. The implementation plan includes selecting a consultant to support staff in completing the water system improvement implementation planning process, refining the anticipated costs and implementation schedule, reviewing potential water treatment plant sites, identifying and prioritizing funding sources, and initiating coordination with CDPHE and other regulatory agencies. Finance/Resource Impact: 503-7000-580.35-62 WTRMPL, $343,667.69 available as of 05/12/2026. Future impacts are significant if the recommendations are implemented. Implementation beyond the requested authorization for additional planning and site recommendations must be done in conjunction with the water rate study findings. Level of Public Interest: Low at present time, but staff anticipate interest being high once the water rate study is completed. The rate study is directly connected to the recommendations contained within the 2025/2026 Water Master Plan. Sample Motion: I move for the approval/denial of Resolution 81-26 Adopting the 2025/26 Water Master Plan. Attachments: 1. Resolution 81-26 Adopting the 2025/2026 Water Master Plan 2.Presentation for Resolution 81-26 Adopting the 2025/26 Water Master Plan 3.Presentation material from February 10, 2026, Town Board Study Session 4.Water Master Plan presentation material. Various versions of this presentation were used for public outreach and stakeholder information sessions. RESOLUTION 81-26 ADOPTING THE 2025/2026 WATER MASTER PLAN WHEREAS, the Town of Estes Park completed a Water Master Plan update in 2015 which was not adopted by the Town Board; and WHEREAS, the Town Board authorized staff to update the 2015 Water Master Plan with consideration of changes in demand and population projections and escalation in capital costs for planned water system improvements; and WHEREAS, the Town recognized the need to have a formal water system plan that addresses redundancy, defines a path to reliability, meets future regulatory requirements, customer demands, changing climate conditions, and improves water system resiliency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Town of Estes Park adopts the 2025/2026 Water Master Plan to implement the recommended water system improvements identified in the Water Master Plan, authorizes staff to initiate the first phase of the implementation plan, and develop funding to support the plan’s implementation. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Town Board Meeting We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Water Master Plan Update JUNE 23, 2026Attachment 2 ▪Background and Previous Studies ▪Water System Statistics and Service Area Demand ▪Distribution System Recommendations ▪Treatment Recommendations ▪Capital Improvement Plan ▪Preliminary Opinion of Probable Construction Cost ▪Public Outreach and Feedback Agenda Considerations in Master Planning Customer Experience ResilienceReliability Customer Experience, 24/7 •“Acceptable” service restoration duration •Outage size is minimized •Prior notification of planned outages •Compliant drinking water Anticipated Hazard Performance •Withstand & recover rapidly - Prioritize Community Lifeline (Food, Water, Shelter) •Adapt to changing conditions Normal & Anticipated Conditions •O&M focused •Modern Design Standards •Effective response to typical failures 3 4 5 6 7 8 9 1982 1992 2002 2012 2022 2032 2042 2052 Mi l l i o n s o f G a l l o n s P e r D a y 1985 Water Master Plan 2006/7 Study 2010 Phase II Study 2015 Water Master Plan 2025 Water Master Plan (High)2025 Water Master Plan (Low) Demand projections determine plant capacity/cost —current analyses project roughly half the future demand of earlier studies, significantly reducing the required plant size/cost Background Demand Projections -Past and Present Demand Projections Higher Growth Scenario Year Total Demand (MG) Demand (MGD) Peak Day Demand (MGD) 2024 621.0 1.7 3.3 2035 701.1 1.9 3.8 2045 780.9 2.1 4.2 Lower Growth Scenario Year Total Demand (MG) Demand (MGD) Peak Day Demand (MGD) 2024 621.0 1.7 3.3 2035 682.7 1.9 3.7 2045 705.9 1.9 3.8 Harvey Economics population and demand forecasting study, 2025. For treatment needs, use the mid-point of 4 MGD with consideration of expansion for projection uncertainties. ▪Regulated as population of >17,000 ▪Over 8,300 service connections ▪125+ miles of water mains and 831 fire hydrants ▪9 storage tanks, 3.4 MG, serving 9 pressure zones ▪7 MGD combined treatment capacity ▪Water quality laboratory performing >12,000 tests per year Water System Statistics Existing Conditions Treatment •Plant conditions: fair to poor •No/limited redundancy •Process treatment limitations •Single source of raw water •Chemical storage & handling •Electrical, surge, and grounding vulnerabilities •Structural deterioration MLWTP GCWTP Distribution •Pipe conditions: good (newer) to poor (older) •Frequent leaks due to older pipe condition •Level of service does not meet best practice •Limited looping •Significantly varying pressures Pumping and Storage •Tank conditions - generally moderate to poor •Lack of redundancy and limited controls •Level of service does not meet best practice •Tank optimization of operations Residential, commercial, bulk water, construction, and fire protection service ▪About 35% of our pipes are shallow, older galvanized or cast iron, small- diameter ▪Tree-like system with higher than “typical” pressures (can be >200 psi) ▪Low winter demand results in increased water age Distribution System Distribution System Condition Assessment •Condition: good to poor •Frequent leaks in older pipe •Lower Level of service •Limited looping •Varying pressures Pi p e L e n g t h Year by Decade Pumping & Storage Condition Assessment Very Good Good Fair Poor Very Poor Very Low Impact Low Impact Moderate Impact High Impact Very High Impact Condition Cr i t i c a l i t y Strong PS & PRV Riverside PRV Fall River Estates PSKiowa PS Thunder Mnt PS •Tank conditions -generally moderate to poor •Lack of redundancy and limited controls •Level of service does not meet best practice •Tank optimization of operations Distribution and Storage Capital Improvement Plan Fiscal constraints guide our implementation planning. Immediate/Near-Term Thunder Mountain Tank Replacement – Tank concrete analysis indicates need to replace the tank, progressing toward tank failure. Big Thompson Tank Replacement Phase 1 –the existing tank is undersized for our desired LOS and is critical to our largest pressure zone Fall River Estates PS –relocation from floodplain and increase LOS Planned Crags Crossing –undersized interconnection feeding large pressure zone Various looping projects – improve water quality and LOS Pipeline replacement program – replace undersized and aged pipelines, renew pipes every 100 to 120 years. Water Supply and Treatment Glacier Creek WTP –3 MGD ▪Built in 1972 ▪Treats Glacier Creek water ▪Filtration process Marys Lake WTP –4 MGD ▪Upgraded in 2011 ▪Treats C-BT water ▪Membrane process Treatment Existing Conditions •Plant conditions: fair to poor •No/limited redundancy •Process treatment limitations •Single source of raw water •Chemical storage & handling •Electrical, surge, and grounding vulnerabilities •Structural deterioration Very Good Good Fair Poor Very Poor Very Low Impact Low Impact Moderate Impact High Impact Very High Impact Condition Cr i t i c a l i t y Marys Lake WTP Glacier Creek WTP Treatment Alternatives Outcome Alternative Comments 1: Modify MLWTP and GCWTP Alternative does not meet the goal of at least one plant that can operate year- round with an alternative water source. The cost to upgrade both plants to meet required reliability and redundancy is cost prohibitive. 2: Upgrade/year-round MLWTP, decommission GCWTP Cost to deliver alternative water supply and to upgrade the existing MLWTP will be significant. Constructability for redundancy adds cost to this alternative. 3: Upgrade/year-round GCWTP, modify MLWTP Cost to upgrade both plants to meet redundancy and reliability requirements and to provide an alternative raw water source to at least one plant is cost prohibitive when compared to other alternatives. 4: Replace/year-round GCWTP, decommission MLWTP Alternative recommendation from treatment scenario planning. Implementation requires utility upgrades, alternative water supply to site, and consideration of maintenance of plant operations during construction. 5: New year-round WTP, modify MLWTP, decommission GCWTP Preferred alternative identified during treatment scenario planning with staff and planning level comparison of alternatives considering cost, ease of implementation, O&M impacts, social and environmental impacts, and integration with the existing distribution system. Recommendations –Integrated Water CIP Near-Term Rate Study Implementation Thunder Mountain Storage Tank replacement Planning for new WTP and raw water supply Design/Construct Existing Plant improvements Design -Fall River Estates PS Replacement Planning/Design Big Thompson Tank replacement, P1 Mid-Term New water treatment plant and raw water supply Pipe replacement and renewal program Preliminary Planning Level Opinion of Probable Construction Cost1 Funding Needs Estimated Cost (2026$)2 New WTP with redundant raw water supply, associated distribution system improvements $88M -$115M Thunder Mountain Tank Replacement $1M -$3M Improvements to MLWTP $8M -$12M Improvements to GCWTP $0.8M –$1.5M Big Thompson Tank Replacement, Phase 1 $4M -$6M Fall River Estates PS Replacement/Relocation $3M -$5M Pipe Replacement Program, annual cost3 $2.5M -$3M 1Additional cost development for budgeting and financing will be completed upon acceptance of master plan recommendations. 2Estimated costs are in 2026 dollars and must be escalated for final budgeting. Estimates will be updated during planning and development. 3Pipe replacement program is based on a 100-year program to upgrade and/or replace pipes. Life expectancy is 100 to 120 years. Public Outreach for Master Plan Public Meetings Presentations Printed Information Other Outreach •March 4, 6 p.m. at Museum •March 19, 11 a.m. at the Water Shop •March 24, 7 a.m. at Town Hall •Rotary/Estes Park Club: February 19 •Rotary/Sunrise Club: April 21 •Various articles •FAQs (on website) •Fact Sheet •Master Plan (Library circulation desk) •April and June utility bill message •EVFPD: March 24 (follow-up pending) •Chamber drop-in: April 9 at Town Hall •Website Typical Questions and Comments How will the current drought conditions impact us? Even though we don’t expect to implement water restrictions, we encourage conservation and being aware of water use. The Town has a diverse portfolio of water rights and has adequate supply to meet demand, even if there are reductions to the supply. Where will the new plant be located? There are limited locations that are big enough and located suitably for a plant, making site selection challenging. There will be public information provided as we go through the process of plant siting in 2027. How will this be funded and will rates go up? We have not finalized a funding package, but it will most likely be made up of grants and low interest loans. The rate study is on- going with public hearings and Town Board consideration scheduled for later this year. We anticipate substantial rate increases and will be providing more public information during summer/fall. We will request the rates become effective in 2027. We request the Town Board adopt the Water Master Plan Update (2025/26), which allows staff to initiate the detailed implementation planning and feed cost information into the on-going rate study. Discussion Town Board Study Session We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. Water Master Plan FEBRUARY 10, 2026Attachment 3 Agenda ▪Development of the Water Master Plan ▪Existing Conditions and Current Infrastructure Needs ▪Future Conditions and Infrastructure Recommendations ▪Capital Improvement Plan ▪Funding Options and Financial Impact ▪Path Forward Approach to Master Plan Update ▪Used information from our on-call task orders ▪Engaged staff with knowledge of our assets ▪Focused on planning level decisions ▪Defined a path forward Population & Demand Projections (Harvey Econ.) Asset Inventory – Pipeline and Tanks (Water Division) Chemical Evaluation TM (HDR) Performance Evaluation & Condition Assessment (AE2S) Water Use Charact- erization & Planning (AE2S) Design Parameters & Evaluation Criteria (AE2S) Raw Water Alignment Assessment (HDR) Constructive Controversy (Town) Flowmeter Grounding Trouble- shooting (Plummer) SCADA Upgrades TM (Huffman) Power Protection Upgrades TM (Plummer) Organization of the Master Plan Section 1: Background and Purpose of Water Master Plan ‒Purpose and need for the master plan update ‒Key drivers Section 2: Basis of Planning ‒Planning horizon and population/demand forecasts ‒Data sources for the master plan Section 3: Water Rights ‒Summary of existing water rights ‒Comparison of water rights against future demands Section 4: Condition Assessment of Existing Water Assets ‒Condition of assets ‒Risk and consequence of failure Section 5: Alternatives to Meet Future Treatment Needs ‒Alternatives and criteria for comparison ‒Scoring and recommended alternative Section 6: Alternatives to Meet Distribution and Storage Needs ‒Pipeline replacement and system looping projects ‒Storage upgrades Section 7: Financial Analysis ‒Water CIP and cost range ‒Funding sources and options Section 8: Implementation Plan ‒Phased implementation plan ‒Schedule for CIP Population and Demand Projections Higher Growth Scenario Year Total Demand (MG) Demand (MGD) Peak Day Demand (MGD) 2024 621.0 1.7 3.3 2035 701.1 1.9 3.8 2045 780.9 2.1 4.2 Lower Growth Scenario Year Total Demand (MG) Demand (MGD) Peak Day Demand (MGD) 2024 621.0 1.7 3.3 2035 682.7 1.9 3.7 2045 705.9 1.9 3.8 Results of population and demand forecasting study completed by Harvey Economics, 2025. For treatment needs, use the mid-point of 4 MGD with consideration of expansion for projection uncertainties. Existing Conditions Treatment •Plant conditions: fair to poor •No/limited redundancy •Process treatment limitations •Single source of raw water •Chemical storage & handling •Electrical, surge, and grounding vulnerabilities •Structural deterioration MLWTP GCWTP Distribution •Pipe conditions: good (newer) to poor (older) •Frequent leaks due to older pipe condition •Level of service does not meet best practice •Limited looping •Significantly varying pressures Pumping and Storage •Tank conditions -generally moderate to poor •Lack of redundancy and limited controls •Level of service does not meet best practice •Tank optimization of operations More Stringent & Evolving Regulations As science advances our ability to detect contaminants in treated and raw water and our understanding of the impacts of even low level of pollutants on public health increases, the water regulations continue to become more stringent. “Forever chemicals” Challenging to remove from water Monitoring & treatment to part-per-trillion Replace lead service lines Manmade and naturally occurring pollutants (microplastics, cyanotoxins, pharmaceuticals, etc.) Monitor, treat with advanced technologies Lower action level Increased scrutiny & requirements Better overall data management Lead and Copper CEC Cyber security Cross connection control Storage PFAS Modifies measurement methods “at the tap” water quality Distribution System management and storage changes Prioritization of Infrastructure Needs Highest Priorities: Public health and regulatory requirements Balanced Priorities: system needs, level of service, planning for future, environmental/ conservation, and impact to customers Efficiency Security Reliability Automation Redundancy Resiliency Optimization Sustainability Treating CEC Level of Service Asset Management Treatment Alternatives Alternative 1 Required improvements at MLWTP & GCWTP −Structural, electrical, I&C, and HVAC −Chemical systems −Redundancy −Reliability GCWTP: −Redundancy −Safety & personnel −Sanitary & utility service MLWTP −Storage tank −Safety & personnel Alternative 2 Upgrade MLWTP operate year- round, decommission GCWTP −Raw water −Pretreatment −Redundancy −Reliability −Storage tank −Structural, electrical, I&C, HVAC −Chemical systems −Redundant treated water connection −Safety & personnel Alternative 3 Upgrade GCWTP to operate year- round, improve MLWTP −Structural, electrical, I&C, HVAC −Chemical systems −Reliability −Safety & personnel GCWTP: −Raw water −Pretreatment −Redundancy −Distribution system −Safety and personnel −Sanitary & utility service Alternative 4 Replace GCWTP to operate year- round, decommission MLWTP −Raw water −New treatment plant −Site reconfiguration −Pretreatment −Redundant treated water connection −Sanitary & utility service −Distribution system Alternative 5 New year-round, WTP, improve MLWTP, decommission GCWTP −Redundant raw water −New treatment plant −Full redundancy −Sanitary & utility service −Distribution system MLWTP −Similar to Alternative 3 Treatment Alternatives Outcome Alternative Comments 1: Modify MLWTP and GCWTP Alternative does not meet the goal of at least one plant that can operate year- round with an alternative water source. The cost to upgrade both plants to meet required reliability and redundancy is cost prohibitive. 2: Upgrade/year-round MLWTP, decommission GCWTP Cost to deliver alternative water supply and to upgrade the existing MLWTP will be significant. Constructability for redundancy adds cost to this alternative. 3: Upgrade/year-round GCWTP, modify MLWTP Cost to upgrade both plants to meet redundancy and reliability requirements and to provide an alternative raw water source to at least one plant is cost prohibitive when compared to other alternatives. 4: Replace/year-round GCWTP, decommission MLWTP Alternative recommendation from treatment scenario planning. Implementation requires utility upgrades, alternative water supply to site, and consideration of maintenance of plant operations during construction. 5: New year-round WTP, modify MLWTP, decommission GCWTP Preferred alternative identified during treatment scenario planning with staff and planning level comparison of alternatives considering cost, ease of implementation, O&M impacts, social and environmental impacts, and integration with the existing distribution system. Distribution/Storage Improvements Drivers ▪Pipeline replacement program to renew pipe every 100 to 120 years ▪Condition of asset ▪Looping for water quality ▪Pressure Zone fire flow storage ▪Peak hour demand attenuation ▪Water loss reduction/wasting of water ▪Reduction in O&M Pi p e L e n g t h Year by Decade Pipe replacement lengths based on age of pipe 2020 -2030 to date or in process: approx. 51.6k LF (9.7 miles) Distribution and Storage CIP Fiscal constraints guide our implementation planning. Immediate/Near-Term Thunder Mountain Tank Replacement – Tank concrete analysis indicates need to replace the tank, progressing toward tank failure. Big Thompson Tank Replacement Phase 1 –the existing tank is undersized for our desired LOS and is critical to our largest pressure zone Fall River Estates PS & PRV –relocation from floodplain and increase LOS Planned Crags Crossing –undersized interconnection feeding large pressure zone Various looping projects – improve water quality and LOS Pipeline replacement program – replace undersized and aged pipelines, renew pipes every 100 to 120 years. Recommendations –Integrated Water CIP Near-Term (0 to 3 years) Planning for new WTP and raw water supply MLWTP: Electrical and I&C upgrades, structural rehabilitation, storage tank modification, safety enhancements, and chemical feed and storage GCWTP: As needed structural repairs, electrical improvements, chemical feed enhancements Thunder Mountain Storage Tank replacement Big Thompson Tank replacement (Phase 1 of 2) Fall River Estates PRV and PS Replacement Mid-Term (+3 years) New water treatment plant and raw water supply Pipe replacement and renewal program Preliminary Planning Level Opinion of Cost1 Funding Needs Estimated Cost to Implement2 New WTP with redundant raw water supply, associated distribution system improvements $88M -$115M Thunder Mountain Tank Replacement $1M -$3M Improvements to MLWTP $8M -$12M Improvements to GCWTP $0.8M –$1.5M Big Thompson Tank Replacement, Phase 1 $4M -$6M Fall River Estates PS/PRV Replacement/Relocation $3M -$5M Pipe Replacement Program, annual cost3 $2.5M -$3M 1Additional cost development for budgeting and financing will be completed upon acceptance of master plan recommendations. 2Estimated costs are in 2026 dollars and must be escalated for final budgeting. Estimates will be updated during planning and development. 3Pipe replacement program is based on a 100-year program to upgrade and/or replace pipes. Life expectancy is 100 to 120 years. Funding Options and Financial Impacts Potential Funding Support Sources Pros and Cons Water Infrastructure Finance and Innovation Act (WIFIA) Flexible repayment terms, long loan period, delayed payment options Market interest rate, high administrative requirements, Federal requirements, cost for delayed payments State Revolving Fund Lower interest rates (2025 was 85% of market rate), long term options, State managed established program Administrative requirements, BABA, AIS, loan specific obligations, capped at $30M each US Department of Agriculture –Rural Development (USDA-RD) Long payback period, fixed rate, Town familiarity with program requirements Administrative requirements, AIS and potentially other obligations, Federal availability and operations impacts Municipal Revenue Bonds No BABA or AIS requirements, can seek multiple competitive packages, well established practice Loan terms and interest rates may vary, dependent in water fund revenue, financial reporting/auditing Staff will continue to review grant opportunities to assist with funding. Path Forward 2026 Adopt Water Master Plan Update Complete Rate Study and Implement Recommendations in 2027 Select consultant and complete design of Thunder Mountain Tank Replacement Select consultant for Big Thompson Tank Replacement Start RFQ to select a consultant for improvements to existing WTPs, new WTP 2027 Develop and implement funding approach and update costs for CIP Planning for New WTP including Siting, Water Rights Actions as needed Design of improvements to existing WTPs Design for Big Thompson Tank Replacement Phase 1 Construct New Thunder Mountain Tank 2028 Preliminary Engineering for new WTP (late 2028/early 2029) Construct Big Thompson Tank Replacement –Phase 1 Design Fall River Estates PS and PRV Replacement Construct improvements to existing WTPs 2029 Construct Fall River Estates PS and PRV Replacement Final Design and permitting of New WTP Construction of New WTP Start Annual Waterline Replacement Program 2030+ Discussion Water Master Plan Update We are committed to providing equitable access to our services. If you need any assistance, please email digitalaccessibility@estes.org. FEBRUARY 19, 2026 Attachment 4 The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our residents, guests and employees, while being good stewards of public resources and our natural setting. ▪Regulated as population of >17,000 ▪Over 8,300 service connections ▪125+ miles of water mains and 831 fire hydrants ▪9 storage tanks, 3.4 MG, serving 9 pressure zones ▪7 MGD combined treatment capacity ▪Water quality laboratory performing >12,000 tests per year Water System Statistics Water Supply and Treatment Glacier Creek WTP –3 MGD ▪Built in 1972 then upgraded ▪Treats Glacier Creek water ▪Filtration process Marys Lake WTP –4 MGD ▪Upgraded in 2011 ▪Treats C-BT water ▪Membrane process Residential, commercial, bulk water, construction, and fire protection service ▪About 35% of our pipes are shallow, older galvanized or cast iron, small- diameter ▪Tree-like system with higher than “typical” pressures (up to 275 psi) ▪Low winter demand results in increased water age Distribution System Population and Demand Projections Higher Growth Scenario Year Total Demand (MG) Demand (MGD) Peak Day Demand (MGD) 2024 621.0 1.7 3.3 2035 701.1 1.9 3.8 2045 780.9 2.1 4.2 Lower Growth Scenario Year Total Demand (MG) Demand (MGD) Peak Day Demand (MGD) 2024 621.0 1.7 3.3 2035 682.7 1.9 3.7 2045 705.9 1.9 3.8 Results of population and demand forecasting study completed by Harvey Economics, 2025. For treatment needs, use the mid-point of 4 MGD with consideration of expansion for projection uncertainties. For comparison, demand projections and treatment capacity needs described in the 2015 Water Master Plan ranged from 8 MGD in 2025 to 7.9 MGD at build-out. Treatment Existing Conditions •Plant conditions: fair to poor •No/limited redundancy •Process treatment limitations •Single source of raw water •Chemical storage & handling •Electrical, surge, and grounding vulnerabilities •Structural deterioration Very Good Good Fair Poor Very Poor Very Low Impact Low Impact Moderate Impact High Impact Very High Impact Condition Cr i t i c a l i t y Marys Lake WTP Glacier Creek WTP Distribution System Condition Assessment •Condition: good to poor •Frequent leaks in older pipe •Lower Level of service •Limited looping •Varying pressures Pi p e L e n g t h Year by Decade Pumping & Storage Condition Assessment Very Good Good Fair Poor Very Poor Very Low Impact Low Impact Moderate Impact High Impact Very High Impact Condition Cr i t i c a l i t y Strong PS & PRV Riverside PRV Fall River PS & PRVKiowa PS Thunder Mnt PS •Tank conditions -generally moderate to poor •Lack of redundancy and limited controls •Level of service does not meet best practice •Tank optimization of operations More Stringent & Evolving Regulations As science advances our ability to detect contaminants in treated and raw water and our understanding of the impacts of even low level of pollutants on public health increases, the water regulations continue to become more stringent. “Forever chemicals” Challenging to remove from water Monitoring & treatment to part-per-trillion Replace lead service lines Manmade and naturally occurring pollutants (microplastics, cyanotoxins, pharmaceuticals, etc.) Monitor, treat with advanced technologies Lower action level Increased scrutiny & requirements Better overall data management Lead and Copper CEC Cyber security Cross connection control Storage PFAS Modifies measurement methods “at the tap” water quality Distribution System management and storage changes Treatment Alternatives Outcome Alternative Comments 1: Modify MLWTP and GCWTP Alternative does not meet the goal of at least one plant that can operate year- round with an alternative water source. The cost to upgrade both plants to meet required reliability and redundancy is cost prohibitive. 2: Upgrade/year-round MLWTP, decommission GCWTP Cost to deliver alternative water supply and to upgrade the existing MLWTP will be significant. Constructability for redundancy adds cost to this alternative. 3: Upgrade/year-round GCWTP, modify MLWTP Cost to upgrade both plants to meet redundancy and reliability requirements and to provide an alternative raw water source to at least one plant is cost prohibitive when compared to other alternatives. 4: Replace/year-round GCWTP, decommission MLWTP Alternative recommendation from treatment scenario planning. Implementation requires utility upgrades, alternative water supply to site, and consideration of maintenance of plant operations during construction. 5: New year-round WTP, modify MLWTP, decommission GCWTP Preferred alternative identified during treatment scenario planning with staff and planning level comparison of alternatives considering cost, ease of implementation, O&M impacts, social and environmental impacts, and integration with the existing distribution system. Distribution/Storage Improvements ▪Pipeline replacement program to renew pipe every 100 to 120 years ▪Looping for water quality ▪Pressure Zone fire flow storage ▪Peak hour demand attenuation ▪Water loss reduction/wasting water ▪Reduction in O&M Recommendations –Integrated Water CIP Near-Term (0 to 3 years) Rate Study Implementation Thunder Mountain Storage Tank replacement Planning for new WTP and raw water supply Existing Plant improvements Fall River Estates PRV and PS Replacement Big Thompson Tank replacement (Phase 1 of 2) Mid-Term (+3 years) New water treatment plant and raw water supply Pipe replacement and renewal program Preliminary Planning Level Opinion of Cost1 Funding Needs Estimated Cost to Implement2 New WTP with redundant raw water supply, associated distribution system improvements $88M -$115M Thunder Mountain Tank Replacement $1M -$3M Improvements to MLWTP $8M -$12M Improvements to GCWTP $0.8M –$1.5M Big Thompson Tank Replacement, Phase 1 $4M -$6M Fall River Estates PS/PRV Replacement/Relocation $3M -$5M Pipe Replacement Program, annual cost3 $2.5M -$3M 1Additional cost development for budgeting and financing will be completed upon acceptance of master plan recommendations. 2Estimated costs are in 2026 dollars and must be escalated for final budgeting. Estimates will be updated during planning and development. 3Pipe replacement program is based on a 100-year program to upgrade and/or replace pipes. Life expectancy is 100 to 120 years. Discussion The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Steve Careccia, Community Development Director Department: Community Development Date: June 23, 2026 Subject: Ordinance 12-26 Adoption of the 2025 Colorado Wildfire Resiliency Code Type: Public Hearing, Ordinance Objective: Consider Ordinance 12-26 to adopt the 2025 Colorado Wildfire Resiliency Code, including local amendments and appendices, as approved by the Estes Valley Fire Protection District (Fire District) on March 23, 2026, with its adoption of Resolution No. 2026-05. Present Situation: The Colorado Department of Public Safety, Division of Fire Prevention and Control, through establishment of a Wildfire Resiliency Code Board, adopted the Colorado Wildfire Resiliency Code on June 1, 2025. This model code establishes minimum standards for the protection of life and property from the hazards of wildfire. As a model code establishing minimum standards, municipalities may adopt more restrictive standards through local amendments, but not less restrictive. Municipalities were required to adopt wildfire regulations that meet or exceed those established in the State model code by April 1, 2026. Municipal compliance with the adopted code is required by July 1, 2026. (While the Town did not meet the April deadline, the July compliance deadline will be met) In conformance with the above, the Fire District adopted the State model code, with local amendments and appendices, on March 23, 2026 (Attachment 2) and requests that the Town of Estes Park also adopt the Code (Attachment 3). Proposal: The intergovernmental agreement between the Fire District and the Town establishes that the Fire District will be responsible for adopting fire-related codes. The Town will then ratify the fire code via resolution to ensure applicability within Town limits. However, given the new Code’s wide applicability to building construction and the Town’s responsibility to review, permit, and inspect such construction, it was determined the Code should be adopted via Ordinance and included in the Municipal Code. As adopted by the Fire District, general provisions of the Code and local amendments include: 1. Designation of the entire Estes Valley Fire Protection District (including incorporated Estes Park Town limits) as a Wildland-Urban Interface Area given the history and potential for wildland fire. 2. Designation of Low, Moderate, and High fire risk classifications. However, as the entire Fire Protection District has been designated a Wildland-Urban Interface area, the Code’s requirements will be applied uniformly to the entire Fire Protection District. 3. Establishes structure hardening requirements (e.g. use of ignition-resistant or non-combustible materials) for buildings and structures. Applies such requirements uniformly to all buildings and structures within the Fire Protection District. 4. Establishes site and area requirements applicable to all land within the Fire Protection District. Such requirements establish Structure Ignition Zones (0-5 feet, 5-30 feet, 30-100 feet) around a building or structure, with prohibitions on what can be planted and installed within these zones. 5. Code requirements apply to: a. New buildings and structures (not retroactively applied to legal existing buildings and structures); b. Additions or alterations that increase the existing building or structure footprint by 500 square feet or more; c. Total roof cover of a building or structure when 25% or more of the roof cover is proposed for replacement, reconstruction, alteration, or repair; d. Total exterior wall area of a building or structure when 25% or more of the total exterior wall area is proposed for replacement, reconstruction alteration, or repair; e. Fencing within eight feet of a habitable building or structure. 6. Establishes a Code Official to administer and enforce the Code (Fire Chief for the Fire Protection District and Chief Building Official for the Town). 7. Requires permits for applicable construction. 8. Establishes criteria for the preparation and submittal of construction documents (e.g. site plans, building/structure footprints, landscaping and vegetation, topography, defensible space) with application for building permits. Some exceptions to the Code’s requirements include: 1. Interior alterations of existing buildings and structures; 2. Painting, staining, and similar restorative or maintenance work; 3. One-story, detached accessory structures not intended for habitation (e.g. sheds) located at least 10 feet from an occupiable structure and less than 120 square feet in area; 4. Certain accessory buildings and structures (i.e. used for utility or agricultural purposes) located more than 50 feet from a habitable/occupiable structure; 5. Fences more than eight feet from a habitable structure. The Town (Community Development’s Building Division) will assume primary responsibility for implementing the Code’s structure hardening requirements through the intake, processing, and review of building permits and inspection of associated improvements. The Fire District will assume primary responsibility for the review and inspection of site and area requirements. Clarification of these responsibilities and other administrative functions will be further addressed through consideration of an accompanying cooperative agreement resolution between the Fire Protection District and Town. Advantages: • Compliance with State requirement to adopt the 2025 Colorado Wildfire Resiliency Code • Regional consistency with Code application and enforcement • Increased protection of property and life from wildfire hazards • Implementing measures to protect property and life from wildfire hazards is an established goal within the Estes Forward Comprehensive Plan • Potential to create conditions for increased insurability of buildings, structures, and property Disadvantages: • Implementing the Code may require additional permits (e.g. fence permit) and inspections, and may result in longer review times to ensure compliance with the Code’s requirements • Enforcement of site and area requirements may result in property owners having to remove or severely prune existing trees and vegetation on their property • Construction costs may increase due to new requirements for fire-hardened building materials and construction methods Action Recommended: Approve Ordinance 12-26 adopting the 2025 Colorado Wildfire Resiliency Code as amended and adopted by the Estes Valley Fire Protection District. Finance/Resource Impact: Administration and enforcement of the Code’s provisions will require additional staff time and resources. However, given the uncertainty regarding the application of an entirely new code, quantifiable impacts are unknown at this time. Level of Public Interest: Public interest has been low to date. Sample Motion: I move for the approval/denial of Ordinance 12-26. Attachments: 1. Ordinance 12-26 2. Resolution No. 2026-05 (adopted by the Estes Valley Fire Protection District) 3. Estes Valley Fire Protection District, Letter of Request to Ratify ORDINANCE NO. 12-26 AN ORDINANCE ADOPTING THE 2025 COLORADO WILDFIRE RESILIENCY CODE AS AMENDED AND ADOPTED BY THE ESTES VALLEY FIRE PROTECTION DISTRICT WHEREAS, the Estes Valley Fire Protection District (Fire District) has adopted the 2025 Colorado Wildfire Resiliency Code, including local amendments and appendices, for the governance and regulation of conditions hazardous to life and property resulting from wildfire; and WHEREAS, section 32-1-1002(1)(d), C.R.S., provides that the 2025 Wildfire Resiliency Code adopted by the Fire District shall apply within the corporate limits of the Town of Estes Park if the Board of Trustees resolves that said Code shall apply within the boundaries of the Town; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to adopt the 2025 Colorado Wildfire Resiliency Code, as amended and approved by the Fire District with adoption of its Resolution No. 2026-05. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: The Board of Trustees of the Town of Estes Park hereby resolves that the 2025 Wildfire Resiliency Code, including local amendments and appendices as more fully set forth in Resolution No. 2026-05 of the Estes Valley Fire Protection District, shall apply within the corporate limits of the Town of Estes Park. Section 2: The Town adopts the 2025 Colorado Wildfire Resiliency Code as amended and adopted by the Estes Valley Fire Protection District, dated July 1, 2026, as attached as Exhibit A hereto. Section 3: The Estes Park Municipal Code is hereby amended by the addition of section 14.12.090, to read as follows: 14.12.090 - Colorado Wildfire Resiliency Code, 2025—Adopted with Amendments. The 2025 Colorado Wildfire Resiliency Code has been adopted with amendments by Ordinance 12-26 as reflected in its Exhibit A. Section 101.4 of the International Building Code is hereby amended to include this code as a referenced code. Section 4: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2026. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2026 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2026, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney 2025 Colorado Wildfire Resiliency Code 01 July 2026 CWRC Version 1.0 ATTRIBUTIONS ALL RIGHTS RESERVED. This material contains significant portions from the 2024 International Wildland Interface Code (“2024 IWUIC”), which is a registered copyrighted work owned by the International Code Council, Inc. (the “ICC”). The 2024 IWUIC, and any and all portions thereof, have been obtained and reproduced herein with permission. The “International Code Council”, International Wildland Interface Code”, the acronyms “ICC” and “IWUIC”, and the ICC logogram are registered trademarks and service marks of ICC. Use of these marks or the 2024 IWUIC without advance written permission from the ICC is prohibited. Exhibit A 2 | Page Table of Contents Chapter 1 - Scope and Administration………..…………………………………………….……………………...3 PART 1 - GENERAL PROVISIONS ........................................................................................................ 3 SECTION 101 - SCOPE AND GENERAL REQUIREMENTS………………………………………………...3 SECTION 102 - APPLICABILITY ............................................................................................................ 5 PART 2 - ADMINISTRATION AND ENFORCEMENT ............................................................................. 7 SECTION 103 - CODE COMPLIANCE AGENCY ................................................................................... 7 SECTION 104 - DUTIES AND POWERS OF THE CODE OFFICIAL ...................................................... 7 SECTION 105 - TEMPORARY USES, EQUIPMENT AND SYSTEMS…………………………………….11 SECTION 106 - FEES……………………………………………………………………………………………11 SECTION 107 - STOP WORK ORDER .............................................................................................. ..11 Definitions…………………………………………………………………………………………...… SECTION 201 - GENERAL ................................................................................................................. ..12 DEFINITIONS………………………………………………………………………………….12 14 URBAN INTERFACE AREA DESIGNATIONS……………………………...15 17 18 23 3 | Page Chapter 1 - Scope and Administration PART 1 - GENERAL PROVISIONS SECTION 101 - SCOPE AND GENERAL REQUIREMENTS 101.1 Title. These regulations shall be known as the Colorado Wildfire Resiliency Code as adopted by Estes Valley Fire Protection District, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises that contain occupiable and/or habitable space, or change in use resulting in an occupiable and/or habitable space, unless excepted, within the wildland-urban interface areas of Colorado, as designated in this code. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Factory-built structures (non-residential, residential, and tiny homes). Structure hardening provisions of this code for factory-built structures as defined by sections 24-32-3302(9), (10), (11), and (35), C.R.S., are in accordance with Rules adopted by the Division of Housing in 8 CCR 1302-1, Rule 2 Codes and Standards. 101.2.3 HUD code homes. Homes built to the Housing and Urban Development HUD) Manufactured Home Construction and Safety Standards are exempt from structure hardening requirements on their first installation. Homes built to the HUD Manufactured Home Construction and Safety Standards which are moved into an applicable Wildfire Resiliency code area are subject to the provisions of this code as required by the authority having jurisdiction. 101.3 Purpose. The purpose of this code is to establish minimum regulations for the safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. 4 | Page This code shall supplement the jurisdiction’s building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire - and life-safety hazards of the wildland-urban interface areas. 101.4 Retroactivity. The provisions of the code shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code and conditions that, in the opinion of the code official, constitute a distinct hazard to life or property. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. 101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that, when the work increases the footprint of the existing structure by 500 square feet or greater, the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 101.6 Roof coverings. The roof covering on buildings or structures in existence prior to adoption of this code that are replaced or have 25 percent or more of the surface area of the roof replaced, or where work to reconstruct, alter, or repair the roof covering effectively replaces such material, shall require the entirety of the roof covering to be replaced with a roof covering required for new construction specified in Sections 403.2 through 403.2.2. Exception: Existing roof coverings that are compliant with Section 403.2. 101.7 Exterior walls. The exterior walls of building or structures in existence prior to adoption of this code where 25 percent or more of the total exterior wall surface area is replaced, or where work to reconstruct, alter or repair the exterior walls effectively replaces the exterior wall material, shall require the entirety of the exterior wall surface area, including attachments, to be replaced with materials required for new construction specified in Section 403.6 through 403.6.2 and the immediate zone within 5 feet of the structure shall be made to comply with Section 502.1. Exception: Existing exterior walls that are compliant with Section 403.6. 101.8 Maintenance. Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in 5 | Page conformance to the code edition under which installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation. SECTION 102 - APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code, or any other adopted code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code are listed throughout this code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and the referenced codes and standards, the provisions of this code shall govern. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. 102.5 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or policies adopted by the authority having jurisdiction, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official’s jurisdiction or responsibility. 102.6 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety and general welfare. 102.7 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 6 | Page 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the International Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 102.9 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 102.9.1 Historic preservation exemption. The authority having jurisdiction may establish a historic preservation exemption or exemptions in their jurisdiction that consists of the spirit and intent of this code. 102.10 Work exempt from permit under this code. Exemptions from code requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, non-habitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and Miscellaneous Group U (including Agricultural Structures) located 7 | Page more than 50 feet from a structure containing occupiable or habitable space. 9. Fences located more than 8 feet from a habitable structure. PART 2 - ADMINISTRATION AND ENFORCEMENT SECTION 103 - CODE COMPLIANCE AGENCY 103.1 Creation of agency. The Estes Valley Fire Protection District is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104 - DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code. 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code. 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report. 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction. 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations. 8 | Page 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.2.2 through 104.2.2.7, as applicable. 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. 104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 9 | Page 104.2.2.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.2.6.1 and 104.2.2.6.2. 104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official. 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official. 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement agency. 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.4 Access to Property. For the purpose of inspecting and enforcing the provisions of this code and the terms and conditions of any permit issued under this code, the code official is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with this code and to evaluate conditions relative to the permit application. 104.4.1 Authorization. The owner or occupant of the property having a permit under this code shall allow the code official access to the property to perform the required inspections. If access is denied, the code official shall apply to the Court with jurisdiction to seek authority to access the property. 10 | Page 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5. 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 106. 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order and approved. 11 | Page 104.10 Other agencies. When requested to do so by the code official, other officials of this jurisdiction shall assist and cooperate with the code official in the discharge of the duties required by this code. SECTION 105 - TEMPORARY USES, EQUIPMENT AND SYSTEMS 105.1 General. The code official is authorized to issue a permit for temporary uses, equipment and systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause. 105.2 Conformance. Temporary uses, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare. 105.3 Temporary service utilities. The code official is authorized to give permission to temporarily supply service utilities. 105.4 Termination of approval. The code official is authorized to terminate such permit for temporary uses, equipment and systems and to order the same to be discontinued. SECTION 106 - FEES 106.1 General. Fees shall be established in accordance with the fee schedule adopted by Estes Valley Fire Protection District, and/or the Town of Estes Park. SECTION 107 - STOP WORK ORDER 107.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 107.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 107.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 107.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. 12 | Page Chapter 2 - Definitions SECTION 201 - GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies. SECTION 202 - DEFINITIONS ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. APPROVED. Acceptable to the code official. AUTHORITY HAVING JURISDICTION (AHJ). The governmental agency, fire protection district or other entity charged with adopting, interpreting and administering this code. BUILDING. Any structure intended for supporting or sheltering any occupancy. CLASS A TESTS. Class A Tests are applicable to roof coverings that are expected to be effective against severe fire exposure, afford a high degree of fire protection to the roof deck, do not slip from position, and are not expected to present a flying brand hazard. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official’s authorized representative. DEFENSIBLE SPACE. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. EMBELLISHMENTS. Elements incorporated in design and construction for ornamental or 13 | Page decorative purpose that are not integral to the structure or structural support. FIRE INTENSITY CLASSIFICATION. The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. FIRE-RETARDANT-TREATED WOOD. Fire-retardant-treated wood is any wood product that, when impregnated with chemicals by a pressure process or other means during manufacture, shall have, when tested in accordance with ASTM E84 or UL 723, a listed flame spread index of 25 or less. The ASTM E84 or UL723 test shall be continued for an additional 20-minute period and the flame front shall not progress more than 10.5 feet beyond the centerline of the burners at any time during the test. FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E84. FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of nonfire- resistive vegetation or altering the type of vegetation to reduce the fuel load. HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. HEAVY TIMBER CONSTRUCTION. As described in Section 602.4 of the 2024 International Building Code. HOME IGNITION ZONE. Home Ignition Zone is the home and the area around the home or structure). The HIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames. IGNITION-RESISTANT VEGETATION. Plants that are less likely to readily ignite from a flame or other ignition source and produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is not less than 6 inches. Log wall construction shall follow requirements of ICC 400. MULTILAYERED GLAZED PANELS. Window or door assemblies that consist of two or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed. 14 | Page NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. 2. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 3. For the purposes of this code, fire -rated gypsum board tested in accordance with ASTM C1396 with no less than a 1-hour fire-resistance-rating with fire exposure from the outside only is considered a noncombustible material. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes or in which occupants are engaged at labor. PARCEL. A defined piece of property with fixed boundaries as identified by the Couty Clerk and Recorder’s Office. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SLOPE. The variation of terrain from the horizontal; the number of feet rise or fall per 100 feet measured horizontally, expressed as a percentage. STRUCTURE. That which is built or constructed. STRUCTURE IGNITION ZONE. Structure Ignition Zone is the structure and the area around the structure (or home). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. TREE CROWN. The primary and secondary branches growing out from the main stem, together with twigs and foliage. WILDLAND-URBAN INTERFACE. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. Chapter 3 - Wildfire Hazard Identification SECTION 301 - GENERAL 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the findings of fact to be regulated by this code. 301.2 Objective. The objective of this chapter is to provide simple baseline criteria for determining wildland-urban interface areas based on the wildfire 15 | Page hazard. SECTION 302 - WILDLAND-URBAN INTERFACE AREA DESIGNATIONS 302.1 Declaration. Because of the history of and potential for large, destructive wildland fires, all of Estes Valley Fire Protection District is deemed a wildland-urban interface area. Structures and parcels shall be constructed and maintained in accordance with the provisions for maintenance in Section 101.8, structure hardening of Chapter 4 and site and area requirements of Chapter 5. SECTION 303 - MAPPING AND APPLICABILITY 303.1 Mapping of Wildfire Hazard Areas. Wildfire Hazard shall be recorded on official maps. These maps identify areas subject to the provisions of this code and shall be available for public inspection through an accessible online platform and at designated local government offices. 303.1.1 Map. This map shall be based on a combination of factors including, but not limited to, vegetative fuels, topography, local weather patterns, and fire behavior modeling data. 303.1.2 Locally Developed Mapping. The AHJ may develop and adopt local maps designating wildfire hazard and fire intensity classifications areas within its jurisdictional boundaries, in accordance with Sections 303.1 through 303.3. 303.2 Fire Intensity Classification. Fire Intensity Classification shall be identified on the map in accordance with Section 303.1. Fire Intensity Classification is determined by expected wildfire behavior, including flame length and suppression difficulty and is separated into three levels: low, moderate, and high. The identified fire intensity classification establishes code requirements for construction and mitigation. 303.2.1 Low Fire Intensity Classification. Low Fire Intensity Classification is identified in areas with light to medium surface fuels, such as grasses, shrubs, and scattered low-density vegetation. These fuels are often discontinuous, which limits flame propagation but can sustain burning under moderate weather conditions. Fires in this class may occur on gentle to moderate slopes, where topography begins to influence the rate of spread. Although flame lengths remain relatively small, typically less than two feet limited spotting may occur, especially with wind. Trained firefighters with protective equipment and standard hand tools can usually suppress these fires through direct attack, particularly on slopes under 30 percent. Mechanized equipment is typically unnecessary. Key Characteristics Include: 1. Fuels: Light to medium surface fuels, including grasses, shrubs, and scattered vegetation (e.g., WNL, USL fuel types). 16 | Page 2. Flame Length: Less than 2 feet. 3. Rate of Spread: Low, increasing with slopes over 20 percent. 4. Spotting: Very short-range spotting is possible under windy conditions. 5. Terrain Influence: More active fire behavior on moderate slopes (20 to 30 percent). 6. Suppression Difficulty: Easily suppressed by trained firefighters using basic protective gear and hand tools. Direct attack is effective, and mechanized support is rarely needed. 303.2.2 Moderate Fire Intensity Classification. Moderate Fire Intensity Classification is identified in areas with moderate to heavy fuel loads, such as dense shrubs, small trees, and accumulated ground fuels. Fires in this class present continuous horizontal and vertical fuel arrangements, allowing flames to reach up to 8 feet in length. Fire behavior is notably influenced by moderate to steep slopes, often accelerating the spread. Short-range spotting becomes more common, complicating suppression efforts. Ground crews typically require mechanized support, such as engines and dozers, to establish control lines. Aircraft assistance may be necessary, particularly in inaccessible terrain. There is a significant increase in the potential for property damage and risk to life, especially in wildland-urban interface areas. Key Characteristics Include: 1. Fuels: Moderate to heavy fuels, including dense shrublands, small trees, timber litter, and canopy fuels (e.g., USH, UIH fuel types). 2. Flame Length: Up to 8 feet. 3. Rate of Spread: Moderate to high, increasing significantly on slopes over 30 percent. 4. Spotting: Short-range spotting is common. 5. Terrain Influence: Steep slopes (30 percent or greater) increase fire spread and intensity. 6. Suppression Difficulty: Challenging for ground crews without support from engines, dozers, or aircraft. Dozers and plows are generally effective on moderate terrain. 303.2.3 High Intensity. High Fire Intensity Classification is identified in areas with heavy, continuous fuel loads, such as dense forest canopies, thick understory growth, and heavy dead/downed material. Fires in this class frequently occur on steep slopes, often exceeding 40 percent, where topography dramatically increases the rate of spread and severity. Flame lengths can exceed 30 feet, and both short- and medium-range spotting are common, particularly in windy conditions. Direct suppression by ground crews is typically ineffective, requiring indirect attack strategies, such as backburns and aerial retardant drops. Fires in this class pose extreme risk to life, property, and firefighter safety, especially in rugged or remote areas. Key Characteristics Include: 1. Fuels: Heavy fuels, including dense forests, urban core areas with heavy fuel loads, and canopy-dominated regions (e.g., WNH, USH, UCH fuel types). 17 | Page 2. Flame Length: Up to 30 feet or more. 3. Rate of Spread: Rapid, especially on slopes greater than 40 percent. 4. Spotting: Short-range spotting is common; medium-range spotting is possible under windy conditions. 5. Terrain Influence: Slopes over 40 percent amplify intensity and spread, creating dangerous conditions for suppression. 6. Suppression Difficulty: Direct attack by ground forces and dozers is generally ineffective. Indirect strategies (backburning, aerial support) are often necessary. These fires present significant danger to life, property, and responder safety. 303.3 Applicability of Code Provisions. The requirements of this code shall apply to all parcels located within designated Wildfire Hazard Areas and corresponding fire intensity classifications as identified on the official maps. The level of structure hardening, defensible space, and other mitigation measures required shall correspond to the applicable fire intensity classification—Low, Moderate, or High as established by the board. Structures and parcels identified with low, moderate, or high fire intensity classifications shall be constructed and maintained in accordance with the provisions for Chapter 4 - Structure Hardening and Chapter 5 - Site and Area requirements. SECTION 304 - GROUND-TRUTHING 304.1 Purpose. This section establishes a process for owners or the owners authorized representative to request a ground-truthing review of their property’s Wildfire Hazard or fire intensity classification as identified on state or locally adopted maps. The intent is to provide an opportunity to verify that mapping accurately reflects current, site-specific conditions. 304.2 Determination of Fire Intensity Classification and Code Requirements. As determined by the code official, the fire intensity classification and associated requirements shall be based on a review of the vegetative fuels on the parcel, including but not limited to topography, local weather patterns and fire behavior modeling data. When reviewing the vegetative fuels on the parcel, consideration should be given to the vegetative fuels within 300’ of the parcel boundary, although there is no requirement that a parcel owner be responsible for any other parcel owner’s compliance with the Code when seeking to obtain a permit. Determination shall be in accordance with the following fire intensity classifications: 304.2.1 Low Fire Intensity Classification in accordance with Section 303.2.1. 304.2.2 Moderate Fire Intensity Classification in accordance with Section 303.2.2. 304.2.3 High Fire Intensity Classification in accordance with Section 303.2.3. This determination shall be made based on existing conditions or conditions that have been established by a development plan approved by the local jurisdiction. Technical documentation shall be submitted in support of such request by a qualified wildfire professional and in accordance with Section 104.2. 18 | Page Chapter 4 - Structure Hardening SECTION 401 - GENERAL 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, non-habitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet. SECTION 402 - BUILDING MATERIAL 402.1 Building material. Building materials shall comply with any one of the requirements in Section 402.2 through 402.4. 402.2 Noncombustible material. Noncombustible material shall comply with the definition of noncombustible materials in Section 202. 402.3 Fire-retardant-treated wood. Fire-retardant-treated wood shall be identified for exterior use and shall meet the requirements of Section 2303.2 of the 2024 International Building Code. 402.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch. The materials, when 19 | Page tested in accordance with the test procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 402.4.1 through 402.4.3.3. Materials or products which melt, drip or delaminate to the extent that the flame front is interrupted are not permitted. Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019-inch thickness or corrosion- resistant steel at a minimum 0.0149 inch thickness shall not be required to be tested with a ripped or cut longitudinal gap. 402.4.1 Flame spread. The material shall exhibit a flame spread index not exceeding 25. 402.4.2 Flame front. The material shall exhibit a flame front that does not progress more than 10 feet 6 inches beyond the centerline of the burner at any time during the test. 402.4.3 Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. The materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in Sections 402.4.3.1 through 402.4.3.3, as applicable to the materials and conditions of use. 402.4.3.1 Evaluation requirements for weathering. Fire-retardant-treated wood, wood-plastic composite materials and plastic lumber materials shall be evaluated after weathering in accordance with Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing” in ASTM D2898. 402.4.3.2 Wood-plastic composite materials. Wood-plastic composite materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D7032 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 402.4.3.3 Plastic lumber materials. Plastic lumber materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D6662 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. SECTION 403 - STRUCTURE HARDENING 403.1 General. Structure hardening shall be in accordance with Sections 403.2 through 403.13 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface. See also Sections 101.6-101.7. 403.2 Roofing. Roofs shall have a roof covering or roof assembly classified as Class A 20 | Page when tested in accordance with ASTM E108 or UL 790. 403.2.1 Flame and ember protection of roofs. For roof assemblies where the roof covering profile creates a space between the roof covering and roof deck, the space shall resist the entry of flames and embers by one or more of the following methods: 1. Firestopping with noncombustible material of the space between the roof covering and the roof deck. 2. Installation of one layer of cap sheet complying with ASTM D3909 over the combustible roof deck. 3. Installation of a listed Class A classified roof assembly. 403.2.2 Roof valley flashings. Valley flashings shall be not less than 0.019 inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36- inch- wide underlayment consisting of one layer of cap sheet complying with ASTM D3909 running the full length of the valley. 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 403.4 Ventilation Openings. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be in accordance with Section 403.4.1 or Section 403.4.2 as applicable. 403.4.1 Performance Requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements: 1. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. 2. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test. 3. The maximum temperature of the unexposed side of the vent shall not exceed 662°F 350°C). 403.4.2 Prescriptive Requirements. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be covered with noncombustible corrosion- resistant mesh with openings not to exceed -inch. 403.5 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1- hour fire-resistance-rated construction, -inch Type X drywall, 2-inch nominal dimension lumber, or 1 inch nominal fire-retardant-treated wood or ¾ inch nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on the backside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire- resistance-rated construction, -inch Type X drywall, or 2- inch nominal dimension lumber. 403.6 Exterior Walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 21 | Page 1. Exterior wall assemblies with a minimum of 1-hour fire-resistance rating, rated for exposure on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Noncombustible materials complying with Section 402.2 on the exterior side. 5. Fire-retardant treated wood complying with Section 402.3 on the exterior side. The fire- retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 6. Ignition-resistant materials complying with Section 402.4 on the exterior side. Such material shall extend from the top of the foundation to the underside of the eave or the underside of the roof sheathing. Exceptions: 1. Exterior wall embellishments and architectural trim (exclusive of trim on exterior windows and doors) not to exceed 5 percent of the square footage of the exterior wall. 2. Roof or wall top cornice projections and similar assemblies. 3. Solid wood rafter tails and solid wood blocking installed between rafters having minimum dimension 2 inch nominal. 403.6.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following: 1. Noncombustible materials. 2. Fire-retardant-treated wood.. 3. Ignition-resistant building materials. Exception: Where options 1 or 2 in section 403.6 are used, vinyl siding may be used as an exterior covering. 403.6.2 Flashing. A minimum of 6 inches of metal flashing or noncombustible material applied vertically between the wall sheathing and the exterior cladding shall be installed at the ground, decking, and roof intersections. Combustible sheathing products exposed by the gap created at the base of the exterior walls, posts, or columns must be protected with noncombustible material or ignition- resistant building materials while still permitting drainage and moisture control from behind exterior cladding. 403.7 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground or comply with exterior walls in accordance with Section 403.6. 403.8 Decking. Unenclosed decks shall have the deck walking surface constructed of one of the following: 1. Approved noncombustible materials. 2. Class A rated material. 22 | Page Exception: Composite decking material with a minimum Class B rating. 3. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. 4. Ignition-resistant building materials in accordance with Section 402.4. 403.9 Appendages and Projections. Appendages and projections shall be constructed in accordance with Section 403.6. 403.10 Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes. 403.11 Exterior Doors. Exterior doors shall be approved noncombustible construction, solid core wood not less than 1 ¾-inches thick or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 403.10. Exception: Vehicle access doors. 403.12 Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding inch as approved by the AHJ. Gaps between doors and door openings shall be controlled by one of the following methods: 1. Weather-stripping products made of materials that: (a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, when the maximum allowable difference in tensile strength values between exposed and non-exposed samples does not exceed 10 percent; and (b) exhibit a V-2 or better flammability rating when tested to UL 94 (Standards for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances). 2. Door overlaps onto jambs and headers. 3. Garage door jambs and headers covered with metal flashing. 403.13 Detached Accessory Structures. Detached accessory structures located less than 50 feet from a building containing habitable or occupiable space shall have exterior walls constructed in accordance with Sections 403.6 through 403.6.2. 403.13.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 403.6 or underfloor protection in accordance with Section 403.7 or with -inch metal corrosion-resistant screen with a hardened zone within 5 feet. 23 | Page Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction, heavy timber construction, noncombustible materials on the exterior side, or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. Chapter 5 - Site and Area Requirements SECTION 501 - GENERAL 501.1 Scope. The provisions of this chapter shall apply to parcels subject to this code. 501.2 Reference. As needed, the code official shall refer to the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service. Where conflicts occur between provisions of this code and the HIZ Guide, the provisions of this code shall govern. The provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. SECTION 502 - REQUIREMENTS 502.1 Structure Ignition Zone 1 (0-5 feet): Immediate Zone 502.1.1 Objective. This zone is designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments existing on a parcel. 502.1.2 Materials. Use noncombustible, hard surface materials in this zone, such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. Exception: Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Immediate Zone. 502.1.3 Plantings. Remove all plantings including shrubs, slash, combustible mulch and other woody debris, with the exception of ignition-resistant vegetation. 502.1.4 Trees. There shall be no planting of new trees in the immediate zone. Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. 24 | Page Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 502.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures existing on a parcel. 502.2.2 Materials. Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Intermediate Zone. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. 502.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 502.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 502.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. 502.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 502.3.1 Objective. This zone focuses on mitigation related to a parcel that keeps fire on the ground. 502.3.1.1 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6-10 feet. 502.4 Site Signage 502.4.1 Marking of roads. Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof. 502.4.2 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction. 502.4.3 Address markers. Buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and 25 | Page legible from the road on which the address is located in a manner approved by the code official. 502.5 Retaining Walls 502.5.1 Retaining Walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: 1. The retaining wall is within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure. 2. The retaining wall is integral to the support of a structure regulated by this code. 3. The retaining wall is integral to the egress from a structure regulated by this code to a public way, easement, or private road. 502.6 Fencing 502.6.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure shall be constructed with noncombustible or ignition-resistant materials. Exception: Vinyl fencing may be allowed. Appendix A: PERMITS A101.1 General. Where not otherwise provided in the requirements of the International Building Code or International Fire Code, permits are required in accordance with Sections A101.2 through A101.9. A101.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, converted, changed, or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official. For buildings or structures erected for temporary uses, see Section 105. A101.3 Permit application. To obtain a permit, the applicant shall first file an application therefore in writing on an electronic form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made. 2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, 26 | Page operation, practice or function. 3. Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended. 4. Be accompanied by plans, diagrams, computation and specifications and other data as required in Appendix B. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant or the applicant’s authorized agent. 7. Give such other data and information as required by the code official. A101.3.1 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be used. A101.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A101.4 Permit approval. Before a permit is issued, the code official, or an authorized representative, shall review and approve permitted uses, occupancies or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned. A101.5 Permit issuance. The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the work described in an application for a permit and the plan, specifications and other data filed therewith conform to the requirements of this code, the code official is allowed to issue a permit to the applicant. When the code official issues the permit, the code official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the code official, and work regulated by this code shall be done in accordance with the approved plans. A101.5.1 Refusal to issue a permit. Where the application or construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. A101.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or conceal the provisions of this code or other ordinances of the jurisdiction shall not be valid. A101.7 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the building, use or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the 27 | Page building, use or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit where the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action fro m being taken. Permits shall not be extended more than once. A101.8 Retention of permits. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by the code official or other authorized representative. A101.9 Revocation of permits. Permits issued under this code can be suspended or revoked where it is determined by the code official that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which the permit was issued. 3. Any of the conditions or limitations set forth in the permit have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served on him or her under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made. 6. The permit is issued in error or in violation of any other ordinance, regulations or provisions of this code. The code official is allowed to, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. Appendix B: CONSTRUCTION DOCUMENTS B101.1 General. Plans, engineering calculations, diagrams and other data shall be submitted in the format as required by the jurisdiction. The construction documents shall be prepared and submitted where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require additional documentation. Exception: Submission of plans, calculations, construction inspection requirements and other data, if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. B101.2 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth, submitted electronically, and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and 28 | Page regulations. B101.3 Site plan. In addition to the requirements for plans in the International Building Code, site plans shall include topography, landscape and vegetation details and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Applicant shall identify the fire intensity classification on the site plan submittal. B101.3.1 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. B101.5 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire -resistive vegetation. B101.6 Retention of plans. One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local laws. B101.7 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. B101.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and changes made during construction that are not in compliance with the approved documents shall be resubmitted for approval as an amended set of construction documents. B101.9 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. B101.10 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Appendix C: INSPECTION AND ENFORCEMENT 29 | Page C101.1 Inspection. Inspections shall be in accordance with Sections C101.1.1 through C101.1.4.3. C101.1.1 General. Construction or work for which a permit is required by this code shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans. C101.1.2 Authority to inspect. The code official shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this code and of any other law or standard affecting fire safety. C101.1.2.1 Approved inspection agencies. The code official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. C101.1.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C101.1.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. C101.1.3 Reinspections. To determine compliance with this code, the code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for which inspection is called is not complete or where corrections called for are not made. Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code 30 | Page official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. C101.1.4 Testing. Installations shall be tested as required in this code and in accordance with Sections C101.1.4.1 through C101.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the code official. C101.1.4.1 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects. C101.1.4.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent. C101.1.4.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. C101.2 Enforcement. Enforcement shall be in accordance with Sections C101.2.1 and C101.2.2. C101.2.1 Authorization to issue corrective orders and notices. Where the code official finds any building or premises that are in violation of this code, the code official is authorized to issue corrective orders and notices. C101.2.2 Service of orders and notices. Orders and notices authorized or required by this code shall be given or served on the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to, and leaving it with, a person of suitable age and discretion on the premises; or, if such person is not found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person’s last known address. Orders or notices that are given verbally shall be confirmed by service in writing as herein provided. C101.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections C101.3.1 through C101.3.8. C101.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner’s authorized agent. C101.3.2 Compliance with tags. building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section C101.3.1. 31 | Page C101.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official. C101.3.4 Citations. Persons operating or maintaining an occupancy or premises subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor. C101.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes. C101.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. C101.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order. C101.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods: 1. Delivered to the owner or the owner’s authorized agent personally. 2. Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested. 3. Delivered in any other manner as prescribed by local law. Where the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent or on the person responsible for the structure shall constitute service of notice on the owner. C101.3.5.3 Placarding. Upon failure of the owner, the owner’s authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “UNSAFE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. C101.3.5.3.1 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe 32 | Page condition and placarding action were based have been eliminated. Any person who defaces or removes an unsafe condition placard without the approval of the code official shall be subject to the penalties provided by this code. C101.3.5.4 Abatement. The owner, the owner’s authorized agent, operator or occupant of a building, structure or premises deemed unsafe by the code official shall abate, correct or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. C101.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code. C101.3.5.6 Evacuation. The code official shall be authorized to order the immediate evacuation of any occupied building, structure or premises deemed unsafe where such hazardous conditions exist that present imminent danger to the occupants. Persons so notified shall immediately leave the structu re or premises and shall not enter or reenter until authorized to do so by the code official. C101.3.6 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. C101.3.7 Violation penalties. An AHJ has the authority to establish fees. C101.3.8 Abatement of violation. In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. Attachment 2 2025 Colorado Wildfire Resiliency Code 01 July 2026 CWRC Version 1.0 ATTRIBUTIONS ALL RIGHTS RESERVED. This material contains significant portions from the 2024 International Wildland Interface Code (“2024 IWUIC”), which is a registered copyrighted work owned by the International Code Council, Inc. (the “ICC”). The 2024 IWUIC, and any and all portions thereof, have been obtained and reproduced herein with permission. The “International Code Council”, “International Wildland Interface Code”, the acronyms “ICC” and “IWUIC”, and the ICC logogram are registered trademarks and service marks of ICC. Use of these marks or the 2024 IWUIC without advance written permission from the ICC is prohibited. 2 | Page Table of Contents Chapter 1 - Scope and Administration………..…………………………………………….……………………...3 PART 1 - GENERAL PROVISIONS ........................................................................................................ 3 SECTION 101 - SCOPE AND GENERAL REQUIREMENTS………………………………………………...3 SECTION 102 - APPLICABILITY ............................................................................................................ 5 PART 2 - ADMINISTRATION AND ENFORCEMENT ............................................................................. 7 SECTION 103 - CODE COMPLIANCE AGENCY ................................................................................... 7 SECTION 104 - DUTIES AND POWERS OF THE CODE OFFICIAL ...................................................... 7 SECTION 105 - TEMPORARY USES, EQUIPMENT AND SYSTEMS…………………………………….11 SECTION 106 - FEES……………………………………………………………………………………………11 SECTION 107 - STOP WORK ORDER .............................................................................................. ..11 Definitions…………………………………………………………………………………………...… SECTION 201 - GENERAL ................................................................................................................. ..12 DEFINITIONS………………………………………………………………………………….12 ………………………………………………………………………...14 URBAN INTERFACE AREA DESIGNATIONS……………………………...15 ………………………………………………………………………..17 ………………………………………………………………………………..…18 …………………………………………………………………………23 3 | Page Chapter 1 - Scope and Administration PART 1 - GENERAL PROVISIONS SECTION 101 - SCOPE AND GENERAL REQUIREMENTS 101.1 Title. These regulations shall be known as the Colorado Wildfire Resiliency Code as adopted by Estes Valley Fire Protection District, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to the construction, alteration, movement, repair, maintenance and use of any building, structure or premises that contain occupiable and/or habitable space, or change in use resulting in an occupiable and/or habitable space, unless excepted, within the wildland-urban interface areas of Colorado, as designated in this code. Buildings or conditions in existence at the time of the adoption of this code are allowed to have their use or occupancy continued, if such condition, use or occupancy was legal at the time of the adoption of this code, provided that such continued use does not constitute a distinct danger to life or property. Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.2.2 Factory-built structures (non-residential, residential, and tiny homes). Structure hardening provisions of this code for factory-built structures as defined by sections 24-32-3302(9), (10), (11), and (35), C.R.S., are in accordance with Rules adopted by the Division of Housing in 8 CCR 1302-1, Rule 2 Codes and Standards. 101.2.3 HUD code homes. Homes built to the Housing and Urban Development (HUD) Manufactured Home Construction and Safety Standards are exempt from structure hardening requirements on their first installation. Homes built to the HUD Manufactured Home Construction and Safety Standards which are moved into an applicable Wildfire Resiliency code area are subject to the provisions of this code as required by the authority having jurisdiction. 101.3 Purpose. The purpose of this code is to establish minimum regulations for the safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The extent of this regulation is intended to be tiered commensurate with the relative level of hazard present. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. 4 | Page This code shall supplement the jurisdiction’s building and fire codes, if such codes have been adopted, to provide for special regulations to mitigate the fire - and life-safety hazards of the wildland-urban interface areas. 101.4 Retroactivity. The provisions of the code shall apply to conditions arising after the adoption thereof, conditions not legally in existence at the adoption of this code and conditions that, in the opinion of the code official, constitute a distinct hazard to life or property. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. 101.5 Additions or alterations. Additions or alterations shall be permitted to be made to any building or structure without requiring the existing building or structure to comply with all of the requirements of this code, provided that, when the work increases the footprint of the existing structure by 500 square feet or greater, the addition or alteration conforms to that required for a new building or structure. Exception: Provisions of this code that specifically apply to existing conditions are retroactive. Additions or alterations shall not be made to an existing building or structure that will cause the existing building or structure to be in violation of any of the provisions of this code nor shall such additions or alterations cause the existing building or structure to become unsafe. An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing building or structure to become structurally unsafe or overloaded; will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access; will create a fire hazard; will reduce required fire resistance or will otherwise create conditions dangerous to human life. 101.6 Roof coverings. The roof covering on buildings or structures in existence prior to adoption of this code that are replaced or have 25 percent or more of the surface area of the roof replaced, or where work to reconstruct, alter, or repair the roof covering effectively replaces such material, shall require the entirety of the roof covering to be replaced with a roof covering required for new construction specified in Sections 403.2 through 403.2.2. Exception: Existing roof coverings that are compliant with Section 403.2. 101.7 Exterior walls. The exterior walls of building or structures in existence prior to adoption of this code where 25 percent or more of the total exterior wall surface area is replaced, or where work to reconstruct, alter or repair the exterior walls effectively replaces the exterior wall material, shall require the entirety of the exterior wall surface area, including attachments, to be replaced with materials required for new construction specified in Section 403.6 through 403.6.2 and the immediate zone within 5 feet of the structure shall be made to comply with Section 502.1. Exception: Existing exterior walls that are compliant with Section 403.6. 101.8 Maintenance. Buildings, structures, landscape materials, vegetation, defensible space or other devices or safeguards required by this code shall be maintained in 5 | Page conformance to the code edition under which installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures, landscape materials and vegetation. SECTION 102 - APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in any specific case, different sections of this code, or any other adopted code, specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code are listed throughout this code. Such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and the referenced codes and standards, the provisions of this code shall govern. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. 102.5 Subjects not regulated by this code. Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or policies adopted by the authority having jurisdiction, compliance with applicable standards of other nationally recognized safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the code official to determine compliance with codes or standards for those activities or installations within the code official’s jurisdiction or responsibility. 102.6 Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, which are not specifically provided for by this code, shall be determined by the code official consistent with the necessity to establish the minimum requirements to safeguard the public health, safety and general welfare. 102.7 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 6 | Page 102.8 Existing conditions. The legal occupancy or use of any structure or condition existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code or the International Property Maintenance Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public. 102.9 Historic structures. A variance is authorized to be issued for the repair or rehabilitation of a historic structure or construction of a contributing structure upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure, within the spirit of this code. Exception: Within wildfire hazard areas, historic structures that do not meet one or more of the following designations: 1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places. 2. Determined as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district. 3. Designated as historic under a state or local historic preservation program. 102.9.1 Historic preservation exemption. The authority having jurisdiction may establish a historic preservation exemption or exemptions in their jurisdiction that consists of the spirit and intent of this code. 102.10 Work exempt from permit under this code. Exemptions from code requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance with this code shall not be required for the following: 1. Interior alterations of existing structures. 2. Additions that do not increase the footprint of a structure by more than 500 square feet. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Painting, staining and similar maintenance or restorative work. 7. One-story detached accessory, non-habitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 8. Accessory structures and buildings of an accessory character classified as Utility and Miscellaneous Group U (including Agricultural Structures) located 7 | Page more than 50 feet from a structure containing occupiable or habitable space. 9. Fences located more than 8 feet from a habitable structure. PART 2 - ADMINISTRATION AND ENFORCEMENT SECTION 103 - CODE COMPLIANCE AGENCY 103.1 Creation of agency. The Estes Valley Fire Protection District is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official. SECTION 104 - DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 Powers and duties of the code official. The code official is hereby authorized to enforce the provisions of this code. 104.2 Determination of compliance. The code official shall have the authority to determine compliance with this code, to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures: 1. Shall be in compliance with the intent and purpose of this code. 2. Shall not have the effect of waiving requirements specifically provided for in this code. 104.2.1 Technical assistance. To determine compliance with this code, the code official is authorized to require the owner, the owner’s authorized agent or the person in possession or control of the building or premises to provide a technical opinion and report. 104.2.1.1 Costs. A technical opinion and report shall be provided without charge to the jurisdiction. 104.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional. 104.2.1.3 Content. The technical opinion and report shall analyze the properties of the design, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management to identify and propose necessary recommendations. 8 | Page 104.2.1.4 Tests. Where there is insufficient evidence of compliance with the provisions of this code, the code official shall have the authority to require tests as evidence of compliance. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized test standards, the code official shall approve the testing procedures. Such tests shall be performed by a party acceptable to the code official. 104.2.2 Alternative materials, design and methods. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. 104.2.2.1 Approval authority. An alternative material, design or method shall be approved where the code official finds that the proposed alternative is satisfactory and complies with Sections 104.2.2.2 through 104.2.2.7, as applicable. 104.2.2.2 Application and disposition. Where required, a request to use an alternative material, design or method of construction shall be submitted in writing to the code official for approval. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. 104.2.2.3 Compliance with code intent. An alternative material, design or method of construction shall comply with the intent of the provisions of this code. 104.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for the purpose intended, be not less than the equivalent of that prescribed in this code with respect to all of the following, as applicable: 1. Quality. 2. Strength. 3. Effectiveness. 4. Durability. 5. Safety, other than fire safety. 6. Fire safety. 104.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 104.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an alternative material, design or method of construction application shall be of a scale that is sufficient to predict fire safety performance of the end use configuration. Tests shall be performed by a party acceptable to the code official. 9 | Page 104.2.2.6 Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall comply with Sections 104.2.2.6.1 and 104.2.2.6.2. 104.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of the evaluation report shall require approval by the code official for the installation. The alternate material, design or method of construction and product evaluated shall be within the scope of the code official’s recognition of the approved agency. Criteria used for the evaluation shall be identified within the report and, where required, provided to the code official. 104.2.2.6.2 Other reports. Reports not complying with Section 104.2.2.6.1 shall describe criteria, including but not limited to any referenced testing or analysis, used to determine compliance with code intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official. The code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design p rofessional. 104.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report in conjunction with a request to use an alternative material, design or method of construction, prepared by a peer reviewer that is approved by the code official. 104.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that one or more special individual reasons make the strict letter of this code impractical, that the modification is in conformance with the intent and purpose of this code, and that such modification does not lessen health, life and fire safety requirements. The details of the written request and action granting modifications shall be recorded and entered into the files of the code enforcement agency. 104.3 Applications and permits. The code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce co mpliance with the provisions of this code. 104.4 Access to Property. For the purpose of inspecting and enforcing the provisions of this code and the terms and conditions of any permit issued under this code, the code official is authorized to enter upon private property at reasonable times and upon reasonable notice for the purpose of determining compliance with this code and to evaluate conditions relative to the permit application. 104.4.1 Authorization. The owner or occupant of the property having a permit under this code shall allow the code official access to the property to perform the required inspections. If access is denied, the code official shall apply to the Court with jurisdiction to seek authority to access the property. 10 | Page 104.5 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 104.7 Official records. The code official shall keep official records as required by Sections 104.7.1 through 104.7.5. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations. 104.7.1 Approvals. A record of approvals shall be maintained by the code official and shall be available for public inspection during business hours in accordance with applicable laws. 104.7.2 Inspections. The code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each. 104.7.3 Code alternatives and modifications. Application for alternative materials, design and methods of construction and equipment in accordance with Section 104.2.2; modifications in accordance with Section 104.2.3; and documentation of the final decision of the code official for either shall be in writing and shall be retained in the official records. 104.7.4 Tests. The code official shall keep a record of tests conducted to comply with Sections 104.2.1.4 and 104.2.2.5. 104.7.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with Section 106. 104.8 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered personally liable, either civilly or criminally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of any act or omission in the discharge of official duties. 104.8.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code or other laws or ordinances implemented through the enforcement of this code shall be defended by legal representatives of the jurisdiction until final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 104.9.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good working order and approved. 11 | Page 104.10 Other agencies. When requested to do so by the code official, other officials of this jurisdiction shall assist and cooperate with the code official in the discharge of the duties required by this code. SECTION 105 - TEMPORARY USES, EQUIPMENT AND SYSTEMS 105.1 General. The code official is authorized to issue a permit for temporary uses, equipment and systems. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The code official is authorized to grant extensions for demonstrated cause. 105.2 Conformance. Temporary uses, equipment and systems shall conform to the requirements of this code as necessary to ensure health, safety and general welfare. 105.3 Temporary service utilities. The code official is authorized to give permission to temporarily supply service utilities. 105.4 Termination of approval. The code official is authorized to terminate such permit for temporary uses, equipment and systems and to order the same to be discontinued. SECTION 106 - FEES 106.1 General. Fees shall be established in accordance with the fee schedule adopted by Estes Valley Fire Protection District, and/or the Town of Estes Park. SECTION 107 - STOP WORK ORDER 107.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 107.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 107.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 107.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. 12 | Page Chapter 2 - Definitions SECTION 201 - GENERAL 201.1 Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; and the singular number includes the plural and the plural the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in other International Codes, such terms shall have the meanings ascribed to them as in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have their ordinarily accepted meanings such as the context implies. SECTION 202 - DEFINITIONS ACCESSORY STRUCTURE. A building or structure used to shelter or support any material, equipment, chattel or occupancy other than a habitable building. AGRICULTURAL BUILDING. A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. APPROVED. Acceptable to the code official. AUTHORITY HAVING JURISDICTION (AHJ). The governmental agency, fire protection district or other entity charged with adopting, interpreting and administering this code. BUILDING. Any structure intended for supporting or sheltering any occupancy. CLASS A TESTS. Class A Tests are applicable to roof coverings that are expected to be effective against severe fire exposure, afford a high degree of fire protection to the roof deck, do not slip from position, and are not expected to present a flying brand hazard. CODE OFFICIAL. The official designated by the jurisdiction to interpret and enforce this code, or the code official’s authorized representative. DEFENSIBLE SPACE. An area either natural or man-made, where material capable of allowing a fire to spread unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire and to create an area for fire suppression operations to occur. EMBELLISHMENTS. Elements incorporated in design and construction for ornamental or 13 | Page decorative purpose that are not integral to the structure or structural support. FIRE INTENSITY CLASSIFICATION. The level of fire intensity identified for areas where significant fuel hazards and associated dangerous fire behavior may exist, based upon vegetative fuels, topography, weather conditions, and flame length value. FIRE-RESISTANCE-RATED CONSTRUCTION. The use of materials and systems in the design and construction of a building or structure to safeguard against the spread of fire within a building or structure and the spread of fire to or from buildings or structures to the wildland-urban interface area. FIRE-RETARDANT-TREATED WOOD. Fire-retardant-treated wood is any wood product that, when impregnated with chemicals by a pressure process or other means during manufacture, shall have, when tested in accordance with ASTM E84 or UL 723, a listed flame spread index of 25 or less. The ASTM E84 or UL723 test shall be continued for an additional 20-minute period and the flame front shall not progress more than 10.5 feet beyond the centerline of the burners at any time during the test. FLAME SPREAD INDEX. A comparative measure, expressed as a dimensionless number, derived from visual measurements of the spread of flame versus time for a material tested in accordance with ASTM E84. FUEL MODIFICATION. A method of modifying fuel load by reducing the amount of nonfire- resistive vegetation or altering the type of vegetation to reduce the fuel load. HABITABLE SPACE. A space in a building for living, sleeping, eating or cooking. HEAVY TIMBER CONSTRUCTION. As described in Section 602.4 of the 2024 International Building Code. HOME IGNITION ZONE. Home Ignition Zone is the home and the area around the home (or structure). The HIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. IGNITION-RESISTANT BUILDING MATERIAL. A type of building material that resists ignition or sustained flaming combustion sufficiently so as to reduce losses from wildfire exposure of burning embers and small flames. IGNITION-RESISTANT VEGETATION. Plants that are less likely to readily ignite from a flame or other ignition source and produce fewer embers. While they can still be damaged by fire, their foliage and stems don't significantly contribute to the intensity of the fire. LOG WALL CONSTRUCTION. A type of construction in which exterior walls are constructed of solid wood members and where the smallest horizontal dimension of each solid wood member is not less than 6 inches. Log wall construction shall follow requirements of ICC 400. MULTILAYERED GLAZED PANELS. Window or door assemblies that consist of two or more independently glazed panels installed parallel to each other, having a sealed air gap in between, within a frame designed to fill completely the window or door opening in which the assembly is intended to be installed. 14 | Page NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. 2. Any material conforming to ASTM E136 shall be considered noncombustible within the meaning of this section. 3. For the purposes of this code, fire -rated gypsum board tested in accordance with ASTM C1396 with no less than a 1-hour fire-resistance-rating with fire exposure from the outside only is considered a noncombustible material. OCCUPIABLE SPACE. A room or enclosed space designed for human occupancy in which individuals congregate for amusement, education or similar purposes or in which occupants are engaged at labor. PARCEL. A defined piece of property with fixed boundaries as identified by the Couty Clerk and Recorder’s Office. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SLOPE. The variation of terrain from the horizontal; the number of feet rise or fall per 100 feet measured horizontally, expressed as a percentage. STRUCTURE. That which is built or constructed. STRUCTURE IGNITION ZONE. Structure Ignition Zone is the structure and the area around the structure (or home). The SIZ takes into account both the potential of the structure to ignite and the quality of defensible space surrounding it. TREE CROWN. The primary and secondary branches growing out from the main stem, together with twigs and foliage. WILDLAND-URBAN INTERFACE. That geographical area where structures and other human development meets or intermingles with wildland or vegetative fuels. Chapter 3 - Wildfire Hazard Identification SECTION 301 - GENERAL 301.1 Scope. The provisions of this chapter provide methodology to establish and record wildfire hazard based on the findings of fact to be regulated by this code. 301.2 Objective. The objective of this chapter is to provide simple baseline criteria for determining wildland-urban interface areas based on the wildfire 15 | Page hazard. SECTION 302 - WILDLAND-URBAN INTERFACE AREA DESIGNATIONS 302.1 Declaration. Because of the history of and potential for large, destructive wildland fires, all of Estes Valley Fire Protection District is deemed a wildland-urban interface area. Structures and parcels shall be constructed and maintained in accordance with the provisions for maintenance in Section 101.8, structure hardening of Chapter 4 and site and area requirements of Chapter 5. SECTION 303 - MAPPING AND APPLICABILITY 303.1 Mapping of Wildfire Hazard Areas. Wildfire Hazard shall be recorded on official maps. These maps identify areas subject to the provisions of this code and shall be available for public inspection through an accessible online platform and at designated local government offices. 303.1.1 Map. This map shall be based on a combination of factors including, but not limited to, vegetative fuels, topography, local weather patterns, and fire behavior modeling data. 303.1.2 Locally Developed Mapping. The AHJ may develop and adopt local maps designating wildfire hazard and fire intensity classifications areas within its jurisdictional boundaries, in accordance with Sections 303.1 through 303.3. 303.2 Fire Intensity Classification. Fire Intensity Classification shall be identified on the map in accordance with Section 303.1. Fire Intensity Classification is determined by expected wildfire behavior, including flame length and suppression difficulty and is separated into three levels: low, moderate, and high. The identified fire intensity classification establishes code requirements for construction and mitigation. 303.2.1 Low Fire Intensity Classification. Low Fire Intensity Classification is identified in areas with light to medium surface fuels, such as grasses, shrubs, and scattered low-density vegetation. These fuels are often discontinuous, which limits flame propagation but can sustain burning under moderate weather conditions. Fires in this class may occur on gentle to moderate slopes, where topography begins to influence the rate of spread. Although flame lengths remain relatively small, typically less than two feet limited spotting may occur, especially with wind. Trained firefighters with protective equipment and standard hand tools can usually suppress these fires through direct attack, particularly on slopes under 30 percent. Mechanized equipment is typically unnecessary. Key Characteristics Include: 1. Fuels: Light to medium surface fuels, including grasses, shrubs, and scattered vegetation (e.g., WNL, USL fuel types). 16 | Page 2. Flame Length: Less than 2 feet. 3. Rate of Spread: Low, increasing with slopes over 20 percent. 4. Spotting: Very short-range spotting is possible under windy conditions. 5. Terrain Influence: More active fire behavior on moderate slopes (20 to 30 percent). 6. Suppression Difficulty: Easily suppressed by trained firefighters using basic protective gear and hand tools. Direct attack is effective, and mechanized support is rarely needed. 303.2.2 Moderate Fire Intensity Classification. Moderate Fire Intensity Classification is identified in areas with moderate to heavy fuel loads, such as dense shrubs, small trees, and accumulated ground fuels. Fires in this class present continuous horizontal and vertical fuel arrangements, allowing flames to reach up to 8 feet in length. Fire behavior is notably influenced by moderate to steep slopes, often accelerating the spread. Short-range spotting becomes more common, complicating suppression efforts. Ground crews typically require mechanized support, such as engines and dozers, to establish control lines. Aircraft assistance may be necessary, particularly in inaccessible terrain. There is a significant increase in the potential for property damage and risk to life, especially in wildland-urban interface areas. Key Characteristics Include: 1. Fuels: Moderate to heavy fuels, including dense shrublands, small trees, timber litter, and canopy fuels (e.g., USH, UIH fuel types). 2. Flame Length: Up to 8 feet. 3. Rate of Spread: Moderate to high, increasing significantly on slopes over 30 percent. 4. Spotting: Short-range spotting is common. 5. Terrain Influence: Steep slopes (30 percent or greater) increase fire spread and intensity. 6. Suppression Difficulty: Challenging for ground crews without support from engines, dozers, or aircraft. Dozers and plows are generally effective on moderate terrain. 303.2.3 High Intensity. High Fire Intensity Classification is identified in areas with heavy, continuous fuel loads, such as dense forest canopies, thick understory growth, and heavy dead/downed material. Fires in this class frequently occur on steep slopes, often exceeding 40 percent, where topography dramatically increases the rate of spread and severity. Flame lengths can exceed 30 feet, and both short- and medium-range spotting are common, particularly in windy conditions. Direct suppression by ground crews is typically ineffective, requiring indirect attack strategies, such as backburns and aerial retardant drops. Fires in this class pose extreme risk to life, property, and firefighter safety, especially in rugged or remote areas. Key Characteristics Include: 1. Fuels: Heavy fuels, including dense forests, urban core areas with heavy fuel loads, and canopy-dominated regions (e.g., WNH, USH, UCH fuel types). 17 | Page 2. Flame Length: Up to 30 feet or more. 3. Rate of Spread: Rapid, especially on slopes greater than 40 percent. 4. Spotting: Short-range spotting is common; medium-range spotting is possible under windy conditions. 5. Terrain Influence: Slopes over 40 percent amplify intensity and spread, creating dangerous conditions for suppression. 6. Suppression Difficulty: Direct attack by ground forces and dozers is generally ineffective. Indirect strategies (backburning, aerial support) are often necessary. These fires present significant danger to life, property, and responder safety. 303.3 Applicability of Code Provisions. The requirements of this code shall apply to all parcels located within designated Wildfire Hazard Areas and corresponding fire intensity classifications as identified on the official maps. The level of structure hardening, defensible space, and other mitigation measures required shall correspond to the applicable fire intensity classification—Low, Moderate, or High as established by the board. Structures and parcels identified with low, moderate, or high fire intensity classifications shall be constructed and maintained in accordance with the provisions for Chapter 4 - Structure Hardening and Chapter 5 - Site and Area requirements. SECTION 304 - GROUND-TRUTHING 304.1 Purpose. This section establishes a process for owners or the owners authorized representative to request a ground-truthing review of their property’s Wildfire Hazard or fire intensity classification as identified on state or locally adopted maps. The intent is to provide an opportunity to verify that mapping accurately reflects current, site-specific conditions. 304.2 Determination of Fire Intensity Classification and Code Requirements. As determined by the code official, the fire intensity classification and associated requirements shall be based on a review of the vegetative fuels on the parcel, including but not limited to topography, local weather patterns and fire behavior modeling data. When reviewing the vegetative fuels on the parcel, consideration should be given to the vegetative fuels within 300’ of the parcel boundary, although there is no requirement that a parcel owner be responsible for any other parcel owner’s compliance with the Code when seeking to obtain a permit. Determination shall be in accordance with the following fire intensity classifications: 304.2.1 Low Fire Intensity Classification in accordance with Section 303.2.1. 304.2.2 Moderate Fire Intensity Classification in accordance with Section 303.2.2. 304.2.3 High Fire Intensity Classification in accordance with Section 303.2.3. This determination shall be made based on existing conditions or conditions that have been established by a development plan approved by the local jurisdiction. Technical documentation shall be submitted in support of such request by a qualified wildfire professional and in accordance with Section 104.2. 18 | Page Chapter 4 - Structure Hardening SECTION 401 - GENERAL 401.1 Scope. Exterior design and construction of new buildings and structures within the wildland-urban interface areas of Colorado shall be constructed in accordance with this chapter. Exceptions: 1. Buildings of an accessory character classified as Group U occupancy (including agricultural buildings) of any size located at least 50 feet from a structure containing occupiable or habitable space. 2. One-story detached accessory, non-habitable structures, such as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet and the structure is located greater than or equal to 10 feet from the nearest adjacent occupiable structure. 3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing building, when less than 25 percent of the surface area of all exterior walls is affected. 4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an existing building, when less than 25 percent of the surface area of the exterior roof covering or an attachment thereto is affected. 5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when less than twenty-five percent of the exterior of the structure is affected by the alteration or repair. 6. Additions that do not increase the footprint of a structure by more than 500 square feet. SECTION 402 - BUILDING MATERIAL 402.1 Building material. Building materials shall comply with any one of the requirements in Section 402.2 through 402.4. 402.2 Noncombustible material. Noncombustible material shall comply with the definition of noncombustible materials in Section 202. 402.3 Fire-retardant-treated wood. Fire-retardant-treated wood shall be identified for exterior use and shall meet the requirements of Section 2303.2 of the 2024 International Building Code. 402.4 Ignition-resistant building material. Material shall be tested on the front and back faces in accordance with the extended ASTM E84 or UL 723 test, for a total test period of 30 minutes, or with the ASTM E2768 test. The materials shall bear identification showing the fire test results. Panel products shall be tested with a ripped or cut longitudinal gap of 1/8 inch. The materials, when 19 | Page tested in accordance with the test procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768, shall comply with Sections 402.4.1 through 402.4.3.3. Materials or products which melt, drip or delaminate to the extent that the flame front is interrupted are not permitted. Exception: Materials composed of a combustible core and a noncombustible exterior covering made from either aluminum at a minimum 0.019-inch thickness or corrosion- resistant steel at a minimum 0.0149 inch thickness shall not be required to be tested with a ripped or cut longitudinal gap. 402.4.1 Flame spread. The material shall exhibit a flame spread index not exceeding 25. 402.4.2 Flame front. The material shall exhibit a flame front that does not progress more than 10 feet 6 inches beyond the centerline of the burner at any time during the test. 402.4.3 Weathering. Ignition-resistant building materials shall maintain their performance in accordance with this section under conditions of use. The materials shall meet the performance requirements for weathering (including exposure to temperature, moisture and ultraviolet radiation) contained in Sections 402.4.3.1 through 402.4.3.3, as applicable to the materials and conditions of use. 402.4.3.1 Evaluation requirements for weathering. Fire-retardant-treated wood, wood-plastic composite materials and plastic lumber materials shall be evaluated after weathering in accordance with Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing” in ASTM D2898. 402.4.3.2 Wood-plastic composite materials. Wood-plastic composite materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D7032 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. 402.4.3.3 Plastic lumber materials. Plastic lumber materials shall also demonstrate acceptable fire performance after weathering by the following procedure: first testing in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation, then weathering in accordance with ASTM D6662 and then retesting in accordance with ASTM E1354 and exhibiting an increase of no more than 10 percent in peak rate of heat release when compared to the peak heat release rate of the nonweathered material. SECTION 403 - STRUCTURE HARDENING 403.1 General. Structure hardening shall be in accordance with Sections 403.2 through 403.13 and shall apply to buildings and structures hereafter constructed, modified or relocated into or within areas of the wildland-urban interface. See also Sections 101.6-101.7. 403.2 Roofing. Roofs shall have a roof covering or roof assembly classified as Class A 20 | Page when tested in accordance with ASTM E108 or UL 790. 403.2.1 Flame and ember protection of roofs. For roof assemblies where the roof covering profile creates a space between the roof covering and roof deck, the space shall resist the entry of flames and embers by one or more of the following methods: 1. Firestopping with noncombustible material of the space between the roof covering and the roof deck. 2. Installation of one layer of cap sheet complying with ASTM D3909 over the combustible roof deck. 3. Installation of a listed Class A classified roof assembly. 403.2.2 Roof valley flashings. Valley flashings shall be not less than 0.019 inch (No. 26 galvanized sheet gage) corrosion-resistant metal installed over a minimum 36- inch- wide underlayment consisting of one layer of cap sheet complying with ASTM D3909 running the full length of the valley. 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. 403.4 Ventilation Openings. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be in accordance with Section 403.4.1 or Section 403.4.2 as applicable. 403.4.1 Performance Requirements. Ventilation openings shall be fully covered with listed vents, tested in accordance with ASTM E2886, to demonstrate compliance with all the following requirements: 1. There shall be no flaming ignition of the cotton material during the Ember Intrusion Test. 2. There shall be no flaming ignition during the Integrity Test portion of the Flame Intrusion Test. 3. The maximum temperature of the unexposed side of the vent shall not exceed 662°F (350°C). 403.4.2 Prescriptive Requirements. Ventilation openings for enclosed attics, enclosed rafter spaces, and underfloor spaces shall be covered with noncombustible corrosion- resistant mesh with openings not to exceed ⅛-inch. 403.5 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1- hour fire-resistance-rated construction, ⅝-inch Type X drywall, 2-inch nominal dimension lumber, or 1 inch nominal fire-retardant-treated wood or ¾ inch nominal fire-retardant-treated plywood, identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on the backside by noncombustible material, ignition-resistant materials, or by materials approved for not less than 1-hour fire- resistance-rated construction, ⅝-inch Type X drywall, or 2- inch nominal dimension lumber. 403.6 Exterior Walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 21 | Page 1. Exterior wall assemblies with a minimum of 1-hour fire-resistance rating, rated for exposure on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Noncombustible materials complying with Section 402.2 on the exterior side. 5. Fire-retardant treated wood complying with Section 402.3 on the exterior side. The fire- retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. 6. Ignition-resistant materials complying with Section 402.4 on the exterior side. Such material shall extend from the top of the foundation to the underside of the eave or the underside of the roof sheathing. Exceptions: 1. Exterior wall embellishments and architectural trim (exclusive of trim on exterior windows and doors) not to exceed 5 percent of the square footage of the exterior wall. 2. Roof or wall top cornice projections and similar assemblies. 3. Solid wood rafter tails and solid wood blocking installed between rafters having minimum dimension 2 inch nominal. 403.6.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following: 1. Noncombustible materials. 2. Fire-retardant-treated wood.. 3. Ignition-resistant building materials. Exception: Where options 1 or 2 in section 403.6 are used, vinyl siding may be used as an exterior covering. 403.6.2 Flashing. A minimum of 6 inches of metal flashing or noncombustible material applied vertically between the wall sheathing and the exterior cladding shall be installed at the ground, decking, and roof intersections. Combustible sheathing products exposed by the gap created at the base of the exterior walls, posts, or columns must be protected with noncombustible material or ignition- resistant building materials while still permitting drainage and moisture control from behind exterior cladding. 403.7 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground or comply with exterior walls in accordance with Section 403.6. 403.8 Decking. Unenclosed decks shall have the deck walking surface constructed of one of the following: 1. Approved noncombustible materials. 2. Class A rated material. 22 | Page Exception: Composite decking material with a minimum Class B rating. 3. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the 2024 International Building Code. 4. Ignition-resistant building materials in accordance with Section 402.4. 403.9 Appendages and Projections. Appendages and projections shall be constructed in accordance with Section 403.6. 403.10 Exterior Glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less than 20 minutes. 403.11 Exterior Doors. Exterior doors shall be approved noncombustible construction, solid core wood not less than 1 ¾-inches thick or have a fire protection rating of not less than 20 minutes. Windows within doors and glazed doors shall be in accordance with Section 403.10. Exception: Vehicle access doors. 403.12 Vehicle Access Door Perimeter Gap. Exterior vehicle access doors shall resist the intrusion of embers from entering by preventing gaps between doors and door openings, at the head, sill, and jamb of doors from exceeding ⅛ inch as approved by the AHJ. Gaps between doors and door openings shall be controlled by one of the following methods: 1. Weather-stripping products made of materials that: (a) have been tested for tensile strength in accordance with ASTM D638 (Standard Test Method for Tensile Properties of Plastics) after exposure to ASTM G155 (Standard Practice for Operating Xenon Arc Light Apparatus for Exposure of Non-Metallic Materials) for a period of 2,000 hours, when the maximum allowable difference in tensile strength values between exposed and non-exposed samples does not exceed 10 percent; and (b) exhibit a V-2 or better flammability rating when tested to UL 94 (Standards for Tests for Flammability of Plastic Materials for Parts in Devices and Appliances). 2. Door overlaps onto jambs and headers. 3. Garage door jambs and headers covered with metal flashing. 403.13 Detached Accessory Structures. Detached accessory structures located less than 50 feet from a building containing habitable or occupiable space shall have exterior walls constructed in accordance with Sections 403.6 through 403.6.2. 403.13.1 Underfloor areas. Where the detached structure is located and constructed so that the structure or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall have underfloor areas enclosed to within 6 inches of the ground, with exterior wall construction in accordance with Section 403.6 or underfloor protection in accordance with Section 403.7 or with ⅛-inch metal corrosion-resistant screen with a hardened zone within 5 feet. 23 | Page Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated construction, heavy timber construction, noncombustible materials on the exterior side, or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the 2024 International Building Code. Chapter 5 - Site and Area Requirements SECTION 501 - GENERAL 501.1 Scope. The provisions of this chapter shall apply to parcels subject to this code. 501.2 Reference. As needed, the code official shall refer to the Home Ignition Zone (HIZ) Guide as developed by the Colorado State Forest Service. Where conflicts occur between provisions of this code and the HIZ Guide, the provisions of this code shall govern. The provisions of this code, as applicable, shall take precedence over the provisions in the referenced standard. SECTION 502 - REQUIREMENTS 502.1 Structure Ignition Zone 1 (0-5 feet): Immediate Zone 502.1.1 Objective. This zone is designed to reduce or eliminate ember ignition and direct flame contact with the structure, decks, stairs, and attachments existing on a parcel. 502.1.2 Materials. Use noncombustible, hard surface materials in this zone, such as rock, gravel, sand, concrete, bare earth or stone/concrete pavers. Exception: Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Immediate Zone. 502.1.3 Plantings. Remove all plantings including shrubs, slash, combustible mulch and other woody debris, with the exception of ignition-resistant vegetation. 502.1.4 Trees. There shall be no planting of new trees in the immediate zone. Mature trees of no less than 10-inch diameter at 4.5 feet above ground level may be maintained. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. 24 | Page Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2 Structure Ignition Zone 2 (5-30 feet) Intermediate Zone 502.2.1 Objective. This zone is designed to give an approaching fire less fuel, which will help reduce its intensity as it gets nearer to structures existing on a parcel. 502.2.2 Materials. Ignition-resistant plantings, per an approved list by the AHJ that is not less than that created by the Colorado State Forest Service, are allowed in the Intermediate Zone. Within the fuel modification area, hazardous dead plant material must be removed from live vegetation. 502.2.3 Fuels Accumulation. Avoid large accumulations of surface fuels such as logs, branches, slash and combustible mulch. 502.2.4 Trees. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a minimum clearance of 10 feet. Prune tree branches to a height of 6-10 feet from the ground or a third of the total height of the tree, whichever is less. 502.2.4.1 Tree Spacing. Tree crowns within this zone shall be spaced to prevent structure ignition and promote fuel discontinuity to limit fire spread. 502.2.5 Shrubs. Shrub groups within this zone shall be spaced to prevent structure ignition. Shrubs shall be at least 10 feet away from the edge of tree branches. 502.3 Structure Ignition Zone 3 (30-100 feet) Expanded Zone 502.3.1 Objective. This zone focuses on mitigation related to a parcel that keeps fire on the ground. 502.3.1.1 Tree Spacing. Tree crowns within this zone shall be spaced at a minimum of 6-10 feet. 502.4 Site Signage 502.4.1 Marking of roads. Approved signs or other approved notices shall be provided and maintained for access roads and driveways to identify such roads and prohibit the obstruction thereof. 502.4.2 Marking of fire protection equipment. Fire protection equipment and fire hydrants shall be clearly identified in a manner approved by the code official to prevent obstruction. 502.4.3 Address markers. Buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and 25 | Page legible from the road on which the address is located in a manner approved by the code official. 502.5 Retaining Walls 502.5.1 Retaining Walls. Retaining walls shall be constructed with either noncombustible or ignition-resistant materials when any of the following conditions exist: 1. The retaining wall is within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure. 2. The retaining wall is integral to the support of a structure regulated by this code. 3. The retaining wall is integral to the egress from a structure regulated by this code to a public way, easement, or private road. 502.6 Fencing 502.6.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the property line when the property line is less than 8 feet away from the structure shall be constructed with noncombustible or ignition-resistant materials. Exception: Vinyl fencing may be allowed. Appendix A: PERMITS A101.1 General. Where not otherwise provided in the requirements of the International Building Code or International Fire Code, permits are required in accordance with Sections A101.2 through A101.9. A101.2 Permits required. Unless otherwise exempted, buildings or structures regulated by this code shall not be erected, constructed, altered, repaired, moved, converted, changed, or changed in use or occupancy unless a separate permit for each building or structure has first been obtained from the code official. For buildings or structures erected for temporary uses, see Section 105. A101.3 Permit application. To obtain a permit, the applicant shall first file an application therefore in writing on an electronic form furnished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work, activity, operation, practice or function to be covered by the permit for which application is made. 2. Describe the land on which the proposed work, activity, operation, practice or function is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building, work, activity, 26 | Page operation, practice or function. 3. Indicate the use or occupancy for which the proposed work, activity, operation, practice or function is intended. 4. Be accompanied by plans, diagrams, computation and specifications and other data as required in Appendix B. 5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. 6. Be signed by the applicant or the applicant’s authorized agent. 7. Give such other data and information as required by the code official. A101.3.1 Preliminary inspection. Before a permit is issued, the code official is authorized to inspect and approve the systems, equipment, buildings, devices, premises and spaces or areas to be used. A101.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. A101.4 Permit approval. Before a permit is issued, the code official, or an authorized representative, shall review and approve permitted uses, occupancies or structures. Where laws or regulations are enforceable by other agencies or departments, a joint approval shall be obtained from agencies or departments concerned. A101.5 Permit issuance. The application, plans, specifications and other data filed by an applicant for a permit shall be reviewed by the code official. If the code official finds that the work described in an application for a permit and the plan, specifications and other data filed therewith conform to the requirements of this code, the code official is allowed to issue a permit to the applicant. When the code official issues the permit, the code official shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the code official, and work regulated by this code shall be done in accordance with the approved plans. A101.5.1 Refusal to issue a permit. Where the application or construction documents do not conform to the requirements of pertinent laws, the code official shall reject such application in writing, stating the reasons therefore. A101.6 Validity of permit. The issuance or granting of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or conceal the provisions of this code or other ordinances of the jurisdiction shall not be valid. A101.7 Expiration. Every permit issued by the code official under the provisions of this code shall expire by limitation and become null and void if the building, use or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the 27 | Page building, use or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Any permittee holding an unexpired permit is allowed to apply for an extension of the time within which work is allowed to commence under that permit where the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The code official is authorized to extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action fro m being taken. Permits shall not be extended more than once. A101.8 Retention of permits. Permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by the code official or other authorized representative. A101.9 Revocation of permits. Permits issued under this code can be suspended or revoked where it is determined by the code official that: 1. It is used by a person other than the person to whom the permit was issued. 2. It is used for a location other than that for which the permit was issued. 3. Any of the conditions or limitations set forth in the permit have been violated. 4. The permittee fails, refuses or neglects to comply with any order or notice duly served on him or her under the provisions of this code within the time provided therein. 5. There has been any false statement or misrepresentation as to material fact in the application or plans on which the permit or application was made. 6. The permit is issued in error or in violation of any other ordinance, regulations or provisions of this code. The code official is allowed to, in writing, suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code. Appendix B: CONSTRUCTION DOCUMENTS B101.1 General. Plans, engineering calculations, diagrams and other data shall be submitted in the format as required by the jurisdiction. The construction documents shall be prepared and submitted where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require additional documentation. Exception: Submission of plans, calculations, construction inspection requirements and other data, if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. B101.2 Information on plans and specifications. Plans and specifications shall be drawn to scale on substantial paper or cloth, submitted electronically, and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and 28 | Page regulations. B101.3 Site plan. In addition to the requirements for plans in the International Building Code, site plans shall include topography, landscape and vegetation details and locations of structures or building envelopes. The code official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Applicant shall identify the fire intensity classification on the site plan submittal. B101.3.1 Defensible Space Site Plans. Defensible space site plans shall be prepared and submitted to the code official for review and approval as part of the site plans required for a permit. The code official is authorized to waive or modify the requirement for a defensible space site plan where the application for permit is for alteration or repair or where otherwise warranted. B101.5 Other data and substantiation. Where required by the code official, the plans and specifications shall include classification of fuel loading, fuel model light, medium or heavy, and substantiating data to verify classification of fire -resistive vegetation. B101.6 Retention of plans. One set of approved plans, specifications and computations shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local laws. B101.7 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. B101.8 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and changes made during construction that are not in compliance with the approved documents shall be resubmitted for approval as an amended set of construction documents. B101.9 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. B101.10 Phased approval. The code official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. Appendix C: INSPECTION AND ENFORCEMENT 29 | Page C101.1 Inspection. Inspections shall be in accordance with Sections C101.1.1 through C101.1.4.3. C101.1.1 General. Construction or work for which a permit is required by this code shall be subject to inspection by the code official and such construction or work shall remain visible and able to be accessed for inspection purposes until approved by the code official. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. Where required by the code official, a survey of the lot shall be provided to verify that the mitigation features are provided and the building or structure is located in accordance with the approved plans. C101.1.2 Authority to inspect. The code official shall inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the code official for the purpose of ascertaining and causing to be corrected any conditions that could reasonably be expected to cause fire or contribute to its spread, or any violation of the purpose of this code and of any other law or standard affecting fire safety. C101.1.2.1 Approved inspection agencies. The code official is authorized to accept reports of approved inspection agencies, provided that such agencies satisfy the requirements as to qualifications and reliability. C101.1.2.2 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C101.1.2.3 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the code official. The code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the code official. C101.1.3 Reinspections. To determine compliance with this code, the code official can cause a structure to be reinspected. A fee can be assessed for each inspection or reinspection where work for which inspection is called is not complete or where corrections called for are not made. Reinspection fees can be assessed where the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the code 30 | Page official. To obtain a reinspection, the applicant shall pay the reinspection fee as set forth in the fee schedule adopted by the jurisdiction. Where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. C101.1.4 Testing. Installations shall be tested as required in this code and in accordance with Sections C101.1.4.1 through C101.1.4.3. Tests shall be made by the permit holder or authorized agent and observed by the code official. C101.1.4.1 New, altered, extended or repaired installations. New installations and parts of existing installations that have been altered, extended, renovated or repaired, shall be tested as prescribed herein to disclose defects. C101.1.4.2 Apparatus, instruments, material and labor for tests. Apparatus, instruments, material and labor required for testing an installation or part thereof shall be furnished by the permit holder or authorized agent. C101.1.4.3 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. C101.2 Enforcement. Enforcement shall be in accordance with Sections C101.2.1 and C101.2.2. C101.2.1 Authorization to issue corrective orders and notices. Where the code official finds any building or premises that are in violation of this code, the code official is authorized to issue corrective orders and notices. C101.2.2 Service of orders and notices. Orders and notices authorized or required by this code shall be given or served on the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or delivering the same to, and leaving it with, a person of suitable age and discretion on the premises; or, if such person is not found on the premises, by affixing a copy thereof in a conspicuous place on the door to th e entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to the person’s last known address. Orders or notices that are given verbally shall be confirmed by service in writing as herein provided. C101.3 Compliance with orders and notices. Compliance with orders and notices shall be in accordance with Sections C101.3.1 through C101.3.8. C101.3.1 General compliance. Orders and notices issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the corrective order or notice pertains. If the building or premises is not occupied, then such corrective orders or notices shall be complied with by the owner or the owner’s authorized agent. C101.3.2 Compliance with tags. building or premises shall not be used when in violation of this code as noted on a tag affixed in accordance with Section C101.3.1. 31 | Page C101.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the code official shall not be mutilated, destroyed or removed without authorization by the code official. C101.3.4 Citations. Persons operating or maintaining an occupancy or premises subject to this code who allow a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises or vehicle when ordered or notified to do so by the code official shall be guilty of a misdemeanor. C101.3.5 Unsafe conditions. Buildings, structures or premises that constitute a fire hazard or are otherwise dangerous to human life, or that in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other ordinance, are unsafe conditions. Unsafe buildings or structures shall not be used. Unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, pursuant to applicable state and local laws and codes. C101.3.5.1 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. C101.3.5.2 Notice. Where an unsafe condition is found, the code official shall serve on the owner, owner’s authorized agent or person in control of the building, structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished. Such notice shall require the person thus notified, or their designee, to declare to the code official within a stipulated time, acceptance or rejection of the terms of the order. C101.3.5.2.1 Method of service. Such notice shall be deemed properly served where a copy thereof is served by one of the following methods: 1. Delivered to the owner or the owner’s authorized agent personally. 2. Sent by certified or registered mail addressed to the owner or the owner’s authorized agent at the last known address with a return receipt requested. 3. Delivered in any other manner as prescribed by local law. Where the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner on the owner’s authorized agent or on the person responsible for the structure shall constitute service of notice on the owner. C101.3.5.3 Placarding. Upon failure of the owner, the owner’s authorized agent or the person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “UNSAFE” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. C101.3.5.3.1 Placard removal. The code official shall remove the unsafe condition placard whenever the defect or defects on which the unsafe 32 | Page condition and placarding action were based have been eliminated. Any person who defaces or removes an unsafe condition placard without the approval of the code official shall be subject to the penalties provided by this code. C101.3.5.4 Abatement. The owner, the owner’s authorized agent, operator or occupant of a building, structure or premises deemed unsafe by the code official shall abate, correct or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. C101.3.5.5 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the code official is authorized to abate or correct summarily such hazardous conditions that are in violation of this code. C101.3.5.6 Evacuation. The code official shall be authorized to order the immediate evacuation of any occupied building, structure or premises deemed unsafe where such hazardous conditions exist that present imminent danger to the occupants. Persons so notified shall immediately leave the structu re or premises and shall not enter or reenter until authorized to do so by the code official. C101.3.6 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. C101.3.7 Violation penalties. An AHJ has the authority to establish fees. C101.3.8 Abatement of violation. In addition to the imposition of the penalties herein described, the code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. Attachment 3 Colorado Wildfire Resiliency Code Town Board June 23, 2026 Presentation Received 2026-06-23 Code Implementation Team •Jon Landkamer, Division Chief, EV Fire Protection District •Stacey Sutherland, Captain, EV Fire Protection District •Rich Novasio, Chief Building Official •Steve Careccia, Community Development Director •Dan Kramer, Town Attorney •Greg White, Special Counsel 2 Objective •Consider adoption of the Colorado Wildfire Resiliency Code, as amended and with appendices •As adopted by Fire Protection District on March 23, 2026 3 Present Situation 4 •State adopted Colorado Wildfire Resiliency Code – June 1, 2025 •Model code created for municipal adoption •Fire Protection District adopted state code with amendments & appendices March 23, 2026 •Municipal compliance required July 1, 2026 Proposal – Code Provisions 5 •Adopt WRC as adopted by Fire Protection District •General provisions of code: •Designation of entire Estes Valley as a wildland-urban interface •Establish structure hardening requirements (noncombustible materials) •Establish site and area requirements (defensible space) •Apply to new buildings & development •Additions/alterations 500 SF or greater •Roof when 25% or more of overall roof modified •Exterior walls when 25% or more of overall wall area modified •Require site & area plans submitted with construction documents 6 Proposal - Exceptions 7 •Not retroactive •Interior alterations •Painting, staining & similar exterior work •Small accessory structures 10’ from occupiable structure & less than 120 SF •Accessory (utility or agricultural) structures 50’ from occupiable structure •Fences more than 8’ from occupiable structure Advantages •Compliance with State requirement to adopt the 2025 Colorado Wildfire Resiliency Code •Regional consistency with Code application and enforcement •Increased protection of property and life from wildfire hazards •Implementing measures to protect property and life from wildfire hazards is an established goal within the Estes Forward Comprehensive Plan •Potential to create conditions for increased insurability of buildings, structures, and property 8 Disadvantages •Implementing the Code may require additional permits (e.g., fence permit) and inspections, and may result in longer review times to ensure compliance with the Code’s requirements •Enforcement of site and area requirements may result in property owners having to remove or severely prune existing trees and vegetation on their property •Construction costs may increase due to new requirements for fire-hardened building materials and construction methods 9 Action Recommended Approve Ordinance 12-26 adopting the 2025 Colorado Wildfire Resiliency Code as amended and adopted by the Estes Valley Fire Protection District 10 Sample Motion I move for the approval/denial of Ordinance 12-26 11 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Steve Careccia, Community Development Director Department: Community Development Department Date: June 23, 2026 Subject: Resolution 82-26 Cooperative Agreement for the Administration and Enforcement of the Colorado Wildfire Resiliency Code Type: Contract/Agreement, Resolution Objective: Consideration of Resolution 82-26 approving a cooperative agreement between the Town of Estes Park and the Estes Valley Fire Protection District for the administration and enforcement of the Colorado Wildfire Resiliency Code. Present Situation: The Colorado Department of Public Safety, Division of Fire Prevention and Control, through establishment of a Wildfire Resiliency Code Board, adopted the Colorado Wildfire Resiliency Code (Code) on June 1, 2025. This Code establishes minimum standards for the protection of life and property from the hazards of wildfire. As a model code establishing minimum standards, municipalities may adopt more restrictive standards through local amendments, but not less restrictive. Municipalities were required to adopt wildfire regulations that meet or exceed those established in the Code by April 1, 2026. Municipal compliance with the adopted Code is required by July 1, 2026. (While the Town did not meet the April deadline, the July compliance deadline will be met) In conformance with the above, the Fire District adopted the Code, with local amendments and appendices, on March 23, 2026. The Town will consider adopting the Code at a public hearing on June 23, 2026. Proposal: The Colorado Wildfire Resiliency Code contains elements typical of both building and fire codes. As such, expertise from the Town (Building Division) and Fire District will be needed to implement the new Code. The attached cooperative agreement clarifies the role and responsibilities of both parties to ensure efficient administration and enforcement of the Code. In general, the agreement establishes that the Town will be responsible for the building code elements (e.g. structure hardening, building materials) while the Fire District will be responsible for reviewing defensible space requirements (e.g. structure ignition zones, landscaping). Advantages: • The cooperative agreement will eliminate duplicative enforcement efforts, clarify jurisdictional responsibilities, and ensure consistent application building and fire code elements Disadvantages: • There are no disadvantages to approving this cooperative agreement Action Recommended: Approve Resolution 82-26 approving a cooperative agreement for the administration and enforcement of the Colorado Wildfire Resiliency Code. Finance/Resource Impact: Administration and enforcement of the Code’s provisions will require additional staff time and resources. However, given the uncertainty regarding the application of an entirely new code, quantifiable impacts are unknown at this time. Level of Public Interest: Public interest has been low to date. Sample Motion: I move for the approval/denial of Resolution 82-26. Attachments: 1. Resolution 82-26 2. Cooperative Agreement RESOLUTION 82-26 ADOPTING THE COOPERATIVE AGREEMENT BETWEEN THE ESTES VALLEY FIRE PROTECTION DISTRICT AND THE TOWN FOR THE 2025 COLORADO WILFIRE RESILIENCY CODE ADMINISTRATION AND ENFORCEMENT WHEREAS, the Town Board wishes to enter into the Cooperative Agreement referenced in the title of this resolution for the purpose of administering and enforcing the 2025 Colorado Wildfire Resiliency Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the Cooperative Agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Page 1 of 6 COOPERATIVE AGREEMENT Wildfire Resiliency Code Administration & Enforcement The parties to this Cooperative Agreement (Agreement) are the Estes Valley Fire Protection District (Fire District) and the Town of Estes Park (Town). WHEREAS, SB23-166 requires adopting governing bodies with jurisdiction in wildland-urban interface areas to adopt wildfire resiliency codes meeting state minimum standards; and WHEREAS, SB25-142 amended the original requirements to allow for cooperative agreements and extended implementation timelines; and WHEREAS, the definition of “cooperative agreement” is codified at C.R.S. section 24-33.5- 1237(c.5) and means an agreement entered into by the adopting governing body and at least one other entity, such as a third-party contractor or another governing body, that provides for the enforcement of the codes; and W HEREAS, the District adopted a Wildfire Resiliency Code on March 23, 2026, that meets or exceeds the standards set forth in the Colorado Wildfire Resiliency Code Board’s Model Code, and adopted associated Resolution No. 2026-05, which will take effect and be enforced beginning on July 1, 2026; and W HEREAS, the Town plans to adopt the District’s Wildfire Resiliency Code and enforce it in accordance with this Agreement; and WHEREAS, the Wildfire Resiliency Code contains both building code elements and fire code elements requiring different expertise for enforcement; and WHEREAS, multiple jurisdictions may have overlapping authority creating potential conflicts and duplicative efforts; and WHEREAS, the parties seek to establish clear enforcement responsibilities through a cooperative agreement as authorized under C.R.S. section 24-33.5-1237, et seq., as in effect now and amended hereafter; and NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties agree as follows: 1.Purpose. The purpose of this Agreement is to establish a cooperative agreement for the administration and enforcement of the Wildfire Resiliency Code as required by SB23- 166 and amended by SB25-142, codified at C.R.S. section 24-33.5-1237, to eliminate duplicative enforcement efforts, clarify jurisdictional responsibilities, and ensure consistent application of building code and fire code elements within the wildland-urban interface areas. Attachment 2 Page 2 of 6 2. Term of Agreement. This Agreement shall commence upon the day and date last signed and executed by the duly authorized representatives of the parties to this Agreement and shall remain in full force and effect until terminated. This Agreement may be terminated, without cause, by either party upon ninety (90) days written notice, which notice shall be delivered by hand to the District’s Fire Chief or the Town Manager, or by certified mail, to allow for transition of pending permits and inspections. 3. Payment. No payment shall be made to either party by the other party as a result of this Agreement. Each party shall retain fees collected for services performed under their respective responsibilities. Any civil penalties collected pursuant to C.R.S. section 24-33.5- 1213(4) shall be deposited according to C.R.S. section 24-33.5-1213(4(6). 4. Responsibilities of the Town of Estes Park. The Town shall: a. Administer and enforce all building code elements and construction hardening requirements of the Wildfire Resiliency Code throughout the incorporated areas of the Town, including but not limited to: i. Requirements for non-combustible building materials. ii. Roof and exterior wall construction standards. iii. Window and door specifications. iv. Deck and attachment requirements. v. Other construction-related provisions. b. Issue all building permits related to wildfire resiliency requirements and conduct associated plan reviews and inspections. c. Maintain primary enforcement authority for all building code violations related to the Wildfire Resiliency Code. d. Provide enforcement of the complete Wildfire Resiliency Code in incorporated areas of the Town. e. Coordinate with the Fire District on overlapping requirements and refer fire code elements to the Fire District for properties within Fire District boundaries. f. Participate in joint inspections, upon request, when both building and fire code elements are involved. g. Share information regarding permits, inspections, and violations with the Fire District as needed for coordinated enforcement. h. Maintain records of all enforcement actions taken under this Agreement and provide reports to the Wildfire Resiliency Code Board (“Board”) as required. Page 3 of 6 5. Responsibilities of Fire District. The Fire District shall: a. The Fire District shall administer and enforce all fire code elements and site/area management requirements of the Wildfire Resiliency Code within Fire District boundaries, including but not limited to: i. Vegetation management and defensible space requirements. ii. Tree and shrub spacing standards. iii. Fuel break requirements. iv. Access road and driveway standard. v. Water supply requirements for fire protection. vi. Other fire prevention and site management provisions. b. Conduct site inspections and issue notices of violation for fire code elements within its jurisdiction. c. Coordinate with the Town on properties requiring both building permits and fire code compliance. d. Refer building code violations within the incorporated Town boundaries to the Town for enforcement. e. Participate in joint inspections, upon request, when both building and fire code elements are involved. f. Share information regarding inspections and violations with the Town as needed for coordinated enforcement. g. Maintain records of all enforcement actions taken under this Agreement and provide reports to the Wildfire Resiliency Code Board as required. 6. Annual Appropriation. The parties’ obligations hereunder are subject to the annual appropriation of funds necessary for the performance thereof, which appropriations shall be made in the sole discretion of the parties’ governing bodies. 7. Special Provisions. a. Code Modifications. The parties agree to coordinate any petitions for modification of the Wildfire Resiliency Code submitted to the Board pursuant to C.R.S. section 24-33.5-1236(4)(b)(IV). Any party seeking a modification shall provide written notice to the other party through the Fire Chief or the Town Manager at least thirty (30) days before submitting a petition to the Board. Page 4 of 6 b. Hazard Area Mapping. The parties agree to use the wildland-urban interface maps as adopted by the Fire District and updated from time to time. c. Most Restrictive Standard. When overlapping requirements exist, the most restrictive standard shall apply, and the agency responsible for that standard shall have enforcement authority. d. Board Review & Cooperation. The parties acknowledge that the Board may review codes adopted by the parties and their application of such codes to determine compliance with C.R.S. section 24-33.5-1237. The parties agree to cooperate with the Board to the extent possible, and to be responsive to any appropriate requests for information from the Board made pursuant to the Board's review authority under C.R.S. section 24-33.5-1237(2)(c). 8. General Provisions. a. Amendments. Either party may request changes in this Agreement. Any changes, modifications, revisions, or amendments to this Agreement which are mutually agreed upon by the parties to this Agreement shall be incorporated by written instrument, executed and signed by all parties to this Agreement. b. Choice of Law, Jurisdiction, & Venue. Colorado law shall be applied in the interpretation, execution, and enforcement of this Agreement. All legal actions related to this Agreement shall be filed and proceedings held in the State of Colorado. c. Prohibition of Pledging Credit & No Aid to Corporations. Pursuant to Colorado Constitution Article Xl, Sections 1 and 2 and Article X, section 20, neither the Town nor the Fire District shall indemnify or hold harmless any party related or operating under this Agreement. No provision in the Agreement shall limit or set the amount of damages available to the Town or the Fire District to any amount other than the actual direct and indirect damages to the Town or Fire District, regardless of the theory or basis for such damages. Any provision included or incorporated herein by reference which purports to negate this provision in whole or in part shall not be valid or enforceable or available in any action at law or equity, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by this provision shall not invalidate the remainder of the Agreement. d. Separate Entities. Both parties shall perform their duties hereunder as independent entities, and neither shall be deemed an employee or agent of the other. e. Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and the parties may renegotiate the terms affected by the severance. Page 5 of 6 f. Sovereign Immunity. The parties do not waive sovereign or governmental immunity by entering into this Agreement, and fully retain all immunities and defenses provided by law with respect to any action based on or occurring as a result of this Agreement. This includes, but is not limited to, the understanding that no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, notice requirements, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. section 24-10-101, et seq., as applicable now or hereafter amended. Neither party intends to waive or restrict governmental immunity. g. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third-party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties, and obligations contained in this Agreement shall operate only between the parties to this Agreement and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. h. Entirety of Agreement. This Agreement and its attachments, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. i. Signature Authority. This Agreement shall not be valid until it has been approved and signed by an individual with authority to sign on behalf of the Fire District and the Town. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. The parties approve the use of electronic signatures, which shall be governed by the Uniform Electronic Transactions Act, C.R.S. section 24-71.3-101 et seq. j. Enforcement & Regulatory Authority. This Agreement is not intended to and does not remove or modify the parties' rights as otherwise outlined in law to adopt and enforce regulations. Each party is responsible for following the appropriate procedures such that any applicable codes or regulations are appropriately adopted. SIGNATURE PAGE TO FOLLOW. Page 6 of 6 k. Signatures. The parties to this Agreement, through their duly authorized representatives, have executed this Agreement on the dates set out below; and certify that they have read, understood, and agreed to the terms and conditions of this Agreement as set forth herein. l. Effective Date. The effective date of this Agreement is the date of the signature last affixed to this page. TOWN OF ESTES PARK: Attest: By: FIRE DISTRICT: Attest: By: Cooperative Agreement Colorado Wildfire Resiliency Code Town Board June 23, 2026 Presentation Received 2026-06-23 Proposal (Agreement) 13 •Agreement between Town and Fire Protection District •WRC includes both building and fire code elements •Town (Building Safety Division) will administer building elements •Fire Protection District will administer defensible space requirements •Eliminate duplicative efforts •Ensure consistent application of code provisions Action Recommended (Agreement) Approve Resolution 82-26 approving a cooperative agreement for the administration and enforcement of the Colorado Wildfire Resiliency Code 14 Sample Motion (Agreement) I move for the approval/denial of Resolution 82-26 15 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: June 23, 2026 Subject: Interview Committee for the Estes Park Housing Authority Board of Commissioners Type: Appointment Objective: To appoint Town Board members to the interview committee for three vacancies on the Estes Park Housing Authority Board of Commissioners. Present Situation: The Estes Park Housing Authority has three opening with the resignation of Julia Daley with a term expiring on April 30, 2027, Rut Miller with a term expiring on April 30, 2028, and Marty Miranda with a term expiring April 30, 2029. The open positions are being advertised with applications due by July 13, 2026. Interviews will be scheduled depending on the availability of the interview committee and may take place the week of July 13, 2026 with appointments being considered at the July 28, 2026 Town Board meeting. It is worth noting, interviews and appointments may occur in multiple rounds to avoid delaying the appointment of members to the Authority, which will help meet quorum requirements. Proposal: Policy 101 Section 6 states all applicants for Town board/committees are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the board/commission positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants as soon as the opening closes. Disadvantages: None. Action Recommended: To appoint two Town Board members to the interview committee to consist of the liaison for the board and one other Board member. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the appointment of Trustees Lancaster and ___________ to the Estes Park Housing Authority Board of Commissioners interview committee. Attachments: None.