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Home My WebLink AboutPACKET Town Board 2026-08-25Town Board of Trustees Regular Meeting Tuesday, August 25, 2026, 7:00 p.m. Town Hall Board Room, 170 MacGregor Ave, Estes Park Accessibility Statement 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. Meeting Participation This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos. Click on the following links for more information on Digital Accessibility, and Public Comment. Agenda Pledge of Allegiance Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report Consent Agenda 1. Expenditure Approval Lists – Bills 2. Town Board Meeting and Study Session Minutes dated August 11, 2026 3. Estes Park Planning Commission Meeting Minutes dated July 21, 2026 (Acknowledgement Only) 4. Resolution 94-26 Water Lease Agreement with Trout Haven [Item removed from agenda] 5. Resolution 95-26 Intergovernmental Agreement with the Estes Park School District for Emergency Fleet Shop Space Sharing Reports And Discussion Items (Outside Entities) 1. New Fire Chief Introduction and Thunder Mountain Project Update Presented by Fire Chief Nunn Chief Nunn will introduce himself and provide an update on the Thunder Mountain wildfire mitigation project. Planning Commission Items Items reviewed by Planning Commission or staff for Town Board Final Action. 1. Action Items: A. Resolution 87-26 Fall River Village II Combined Preliminary/ Final Planned Unit Development Plan, Owner/ Applicant, Estes Park Housing Authority Presented by Senior Planner Hornbeck Reopening the public hearing to consider a proposal to amend existing Planned Unit Development Zoning Overlay to address non-conforming situations that would result from subdivision of the property and make minor changes to allowed uses. B. Resolution 88-26 Fall River Village II Preliminary Plat, Owner/ Applicant, Estes Park Housing Authority Presented by Senior Planner Hornbeck To consider subdivision of 3.8 acre property into 14 townhome lots, one 8-plex lot, one duplex lot, and event facility/office lot. C. Resolution 89-26 Fall River Village II Final Plat, Owner/ Applicant, Estes Park Housing Authority Presented by Senior Planner Hornbeck To consider subdivision of a 3.8 acre property into 14 townhome lots, one 8-plex lot, one duplex lot, and event facility/office lot. Agenda continues on page 3. Action Items 1. Habitat for Humanity Fee Waiver Request Presented by Senior Planner Hornbeck To consider a request to waive building permit and plan review fees for five (5) houses. Reports and Discussion Items 1. Estes Park Housing Authority (EPHA) Board of Commissioners Appointment Process Board Discussion To discuss appointments to the EPHA Board and provide direction on the current vacancies. 2. Expansion of the Police Department Take-Home Vehicle Benefit Program Presented by Chief Stewart To present proposed changes to the EPPD Take-Home Vehicle Benefit Program for eligible sworn officers. Adjourn < Back to search SZillow <? 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Priced at just $350K ($198 per square foot) home is almost N-/ Show more 114 days onZillow 3,506 views 197 saves Handout Provided with Public Comment 2026-08-25 Town of Estes Park, Larimer County, Colorado, August 11, 2026 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 11th day of August, 2026. Present: Gary Hall, Mayor Kirby Hazelton, Mayor Pro Tem Trustees Bill Brown Chris Eshelman Mark Igel Frank Lancaster Jamie Mieras Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Greg White, Special Counsel Bunny Victoria Beers, Deputy Town Clerk Absent: Dan Kramer, Town Attorney Mayor Hall called the meeting to order at 7:00 p.m. Agenda Approval. It was moved and seconded (Eshelman/Igel) to approve the Agenda, and it passed unanimously. Public Comments. John Guffy/Town resident stated concerns for the lack of expression from the community at Town Board meetings. He encouraged more opportunities for expression outside of the time limitation during Town Board meeting public comment. He stated voting was not the only path to democracy and voiced support for a representative from the community (non-staff) to represent the voice of the people. Trustee Comments. Board comments were heard and have been summarized: Discussion at the Economic Development and Workforce Council (EDWC) meeting comprised of future year plans, business retention, attraction, workforce development, education, sustainability, advocacy, the extent to which the EDWC advocates as opposed to the Estes Chamber of Commerce and they added a subject area to their work related to transportation; Visit Estes Park would hold their regular August meeting; Sister Cities would meet September 11; the League of Women Voters and the Community Recycling Committee were commended on a successful Estes Recycles Day; event status update for the First Peoples Festival took place and the public were encouraged to attend this culturally rich exchange which has grown to include a film festival in 2027; the Police Department held their National Night Out; Larimer County Behavioral Health held their annual vote on disbursing funds across the county for various services; and Mayor Hall spoke regarding public concern for speeding on Highway 7, opportunities to enforce speed limits and the potential dangers with the commencement of the school year. Town Administrator Report. On July 31, 2026 numerous staff attended the 1976 Big Thompson Flood 50th Anniversary commemoration. Estes Park Police Department Honor Guard presented the colors and included Sergeants Monty Allen and Kirk Jellesma, Master Police Officer Jerry Twigg, and Officer Orlando Trevino. The Town recognized a moment of silence to honor the service and sacrifice of Officer Michael Owen Conley who responded to the flood event off duty, saved upwards of 60 to 100 lives and tragically passed away. DRA F T Board of Trustees – August 11, 2026 – Page 2 Consent Agenda: 1. Expenditure Approval Lists – Bills 2. Town Board Meeting and Study Session Minutes dated July 28, 2026 3. Resolution 55-26 Contract with Kinley Built for the Design and Construction of a New Storage Building at the Events Center Complex, $424,350 – Budgeted 4. Resolution 92-26 State of Colorado Department of Local Affairs Energy Mineral Impact Assistance Fund Grant in the amount of $100,000 Toward the Design of a New Public Safety Facility 5. Resolution 93-26 Decline to Exercise the Right of First Refusal to Purchase Windy Gap Water Units from the Platte River Power Authority It was moved and seconded (Eshelman/Mieras) to approved the Consent Agenda with the removal of Consent Item #5, and it passed unanimously. Consent Item #5 - Resolution 93-26 Decline to Exercise the Right of First Refusal to Purchase Windy Gap Water Units from the Platte River Power Authority. At the request of Trustee Eshelman staff provided history on Windy Gap Water Units and why the Town would exercise the right of first refusal. The primary reasoning being the Town does not need the water units and would be required to purchase two units totaling nearly $10 million. It was moved and seconded (Brown/Mieras) to approve Consent Agenda item #5, and it passed unanimously. Planning Commission Action Items: 1. Resolutions 87-26, 88-26, and 89-26 Regarding Fall River Village II PUD and Subdivision Plats. Mayor Hall re-opened the public hearing for Resolution 87-26 as required by Colorado State Statute and hear public comment on the item. At the July 28, 2026 meeting Resolutions 87-26, 88-26 and 89-26 were continued to the next regularly scheduled meeting. The Town Board was informed the applicant was unable to attend the meeting, and therefore, staff requested the items be continued to the August 25, 2026 meeting. Special Counsel White stated without Town Board action to continue the items, the Estes Park Development Code and State Statutes require action within 30 days of the application or the item would be deemed approved. Staff stated the code allows PUD applications to be brought forward as a single application to consider the preliminary and final PUD at the same hearing. Planner Hornbeck provided clarity on the application process, identifying deficiencies and absent any, the application was considered complete. Trustee Igel stated concern continuing the item to August 25, 2026 and requested more time to review the application and technical details, and he requested a letter from the applicant allowing the Town to continue the items past August 25, 2026. Mayor Hall stated considering these items sets up the units for potential sale which was the original plan when the Estes Park Housing Authority purchased the property which consummates the plan to have the most affordable housing in the Fall River Village area. There being no other discussion, it was moved and seconded (Hazelton/Eshelman) to continue Resolutions 87-26, 88-26 and 89-26 to August 25, 2026, and it passed unanimously. Action Items: 1. Resolution 80-26 Contract with Infusion Architects, LLC for Design Services and Construction Management Assistance for the Estes Park Public Safety Facility. In January 2025, the Town entered into an agreement with Infusion Architects to assist in Phase 1 of the Estes Park Public Safety Facility. Phase 1 consisted of meeting with Police Department staff to develop programmatic and space needs analyses and assessment; site analyses of 20+ sites, and develop conceptual design for the preferred Town-owned site location at the northwest corner of Manford Avenue and Community Drive. The Town conducted a request for proposals (RPF) for Phase 2 of DRA F T Board of Trustees – August 11, 2026 – Page 3 design services: extending conceptual design into schematic designs, construction documents, construction management, responses to questions or clarifications of drawings, site visits/inspections, and conducting owner/architect/contractor meetings throughout construction. Staff recommended contracting with Infusion Architects for Phase 2 of the project. Staff noted, while the proposal was not the lowest bid, the award recommendation was based on a responsible and responsive consultant resulting from a best value evaluation and contractor knowledge of the project rather than price alone. The project would be a single contract spanning multiple years. 2026 funding was approved through the Capital Improvement Project budget. Director Fetherston stated the Town had secured two separate grants totaling $1,100,000 which would be applied to the design and/or construction. If the project proceeds to construction, staff anticipated the total project cost would be funded through certificates of participation (COPs). The Board questioned what would be used as collateral for the COPs and staff responded the public safety building itself or another Town asset. John Guffy/Town resident questioned whether the Town needs a new building, stated a big building was not the answer and was a futile attempt to do a better job. Judi Smith/Town resident was in support of the item. It was moved and seconded (Hazelton/Brown) to approve Resolution 80-26, and it passed unanimously. 2. Visit Estes Park Board Appointment Process. Town Clerk Williamson stated the Visit Estes Park (VEP) Board would have a vacancy with Sean Jurgens term ending on December 31, 2026 (term limited). In February 2026, VEP amended their bylaws which contain a section on “Nominations” identifying the Chair of the Board could appoint a nominating taskforce to submit names to the Town or County, however, the Town and County would be under no obligation to choose one of the recommended candidates. Town Clerk Williamson stated the Town Board adopted Policy 102 Committees which outlines the recruitment process including advertisement, application, eligibility, selection process, etc. The Town’s policy does not speak to coordination with another entity, to include the sharing of applications, screening of such applications and recommendation to the Town Board. Policy section 4.d.1 does provide Town Board the ability to appoint designee(s) which could function in this capacity. Staff requested direction due to the conflict between the VEP bylaws and Town Policy 102. Three options were provided and staff were available for questions. Town Clerk Williamson clarified Option 1) included a member of VEP and the Executive Director to answer questions on the position or to provide information about the district which the interview committee may not have knowledge of. Board comments and questions have been summarized: whether the Town Board and County approved the updated VEP bylaws; who would select the nominating committee through VEP; responsibility of the Town related to appointments and the importance of that role remaining with the Board of Trustees; if the Board operated outside of Policy 102, would it set a precedence; what the most expeditious way to keep the process moving forward; perceptions on conflicts of interest; pros and cons to the interview committee being comprised of Mayor Hall and Mayor Pro Tem Hazelton who also serve as VEP Board members, or bringing in an alternate Trustee with a diverse viewpoint; and concerns were heard related to the VEP CEO participating in the selection process for the new VEP Board member which would oversees their position. Town Administrator Machalek requested the Board provide direction in two respects: to select the interview committee to fill the upcoming VEP Board vacancy; and determine if the Board wants to deviate from the Policy 102 which may require policy updates presented at a future meeting. After Board discussion, staff would begin conversations with VEP and Larimer County Commissioners to align the VEP bylaws for Town vacancies with Policy 102. It was moved and seconded (Hall/Mieras) to move forward with Option 1) to appoint Mayor Hall and Mayor Pro Tem Hazelton as the interview committee as outlined in the Town Board Policy 101 and Policy 102 and complete the interview/selection process and have a member of the Visit Estes Park Board or the Executive Director attend the interviews to bring forward a recommendation DRA F T Board of Trustees – August 11, 2026 – Page 4 to the Town Board. After further discussion the motion and second was rescinded and another motion was heard. After further discussion, it was moved and seconded (Lancaster/Igel) to appoint Mayor Hall and Mayor Pro Tem Hazelton to the Visit Estes Park Interview Committee, and it passed unanimously. Kristine Poppitz/County resident stated support for Option 2). She appreciated the length of conversation and voiced concern regarding the upcoming Estes Park Housing Authority (EPHA) vacancies, the EPHA Director seeing the applications and potentially having a say in appointments to the EPHA Board of Commissioners. REQUEST TO ENTER EXECUTIVE SESSION It was moved and seconded (Brown/Eshelman) to enter executive session to discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4)(a), C.R.S.; for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b), C.R.S.; and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators – Section 24-6-402(4)(e), C.R.S. – Discussion of an expression of interest in a potential lease of the Town property at Elm Road and Moraine Avenue, and to enter executive session for a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions – Section 24-6-402(4)(b), C.R.S. – Use of Lot 4 Stanley Historic District, and it passed unanimously. Mayor Hall adjourned the meeting at 8:11 p.m. to enter the executive sessions. The first session was entered at 8:20 p.m., and concluded at 9:00 p.m. The second session was entered at 9:00 p.m., and concluded at 9:45 p.m. Whereupon Mayor Hall adjourned the meeting at 9:45 p.m. Gary Hall, Mayor ______________________________________ Bunny Victoria Beers, Deputy Town Clerk DRA F T RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado August 11, 2026 Minutes of a Study Session meeting of the Town Board of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 11th day of August, 2026. Board: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown, Eshelman, Igel, Lancaster, and Mieras Attending: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown, Eshelman, Igel, and Mieras Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Special Counsel White, and Recording Secretary Bramwell Absent: Town Attorney Kramer Mayor Hall called the meeting to order at 4:00 p.m. Visit Estes Park Dark Sky Ordinance. Visit Estes Park Senior Destination Stewardship Manager Dana Paiement and CEO Sarah Leonard presented a recommendation for the Town to pursue Dark Sky Community Certification through the International DarkSky program. DarkSky Communities Program Manager Michael Rymer was available to answer questions. Paiement described how the Dark Sky certification aligned with visitor interest, with 65% of national park visitors since the 1980s valuing dark skies as part of their trip and dark sky tourism recognized as an international travel trend in 2025. She stated there were numerous Dark Sky certified communities and parks in Colorado and thirty (30) additional locations were pursuing certification. The Colorado Tourism Office organized a mentor program to support locations seeking Dark Sky certification, which Paiement stated the Town completed several years prior. Paiement described Dark Sky programs in other communities including the Town of Breckenridge which permitted residents to retrofit existing lighting to meet Dark Sky standards. The City of Sisters, Oregon and the nonprofit Dark Skies of the Wet Mountain Valley in Custer County, Colorado reimbursed homeowners to replace outdoor light fixtures. Dark Sky certification standards included limits on lumens from unshielded fixtures, color temperature, lumen density, sports lighting, and illuminated signage. Paiement provided images depicting how Dark Sky compliant lighting improved pedestrian safety by directing light downwards towards paths and streets rather than casting a broad glow. CEO Leonard noted the Dark Sky Community Certification allowed communities flexibility in establishing programs to meet Dark Sky standards. Board comments and questions have been summarized: Requested examples of ordinances setting standards for lighting from Dark Sky certified communities in Colorado; expressed support of the Dark Sky initiative, the health benefits for people and wildlife, and the potential tourism opportunities; discussed the timeline to achieve certification, it was stated most communities achieved certification within one (1) to three (3) years but DarkSky would not enforce a deadline for certification and Visit Estes Park had been working with DarkSky in an official capacity for two (2) years; discussed existing lighting ordinances in the Town and Larimer County and opportunities to align lighting requirements in the region; clarified Rocky Mountain National Park (RMNP) had not begun the certification process to become a Dark Sky certified park; expressed support of RMNP pursuing Dark Sky Park certification; expressed concern with the requirement in the draft Lighting Ordinance for new residents to meet Dark Sky lighting standards within sixty (60) days of moving to Town; expressed concern with the requirement in the draft Lighting Ordinance for all residential properties to comply with Dark Sky approved lighting fixtures within ten (10) years; stated a lack of interest to regulate existing light fixtures; stated support for existing lighting regulations in the Development Code; discussed the impact of light from the Front Range on the Town’s skies, it was stated light pollution from other communities would not impact Dark Sky certification for the Town; expressed skepticism that utilizing Dark Sky lighting fixtures would lead to the area achieving as DRA F T RECORD OF PROCEEDINGS Town Board Study Session Minutes dated August 11, 2026 – Page 2 clear of skies as more remote communities and parks; asked about the size of the population of current and pending Dark Sky certified communities in Colorado, it was stated the Town was larger than the majority of certified and pending municipalities however there were some counties seeking certification; discussed the requirements of the Dark Sky Community Certification, it was noted the certification committee would review adopted lighting ordinance(s) for alignment with DarkSky standards; asked about DarkSky’s compliance monitoring, an annual self-report would be required to maintain certification; discussed funding to enforce lighting regulations; questioned the level of interest and support from residents to become a Dark Sky Certified Community; asked for further information about technical support available from the State; expressed interest in aligning light regulations with Grand Lake, RMNP, and Larimer County; expressed concern about marketing the Town as a Dark Sky location due to the impact of light pollution from the Front Range; supported marketing the Town as a sustainable and wildlife conscious destination; requested further information on estimated tourism revenue and improvement in quality of life following Dark Sky certification to compare with cost of implementation; and discussed exemptions for holiday lights. FEMA Floodplain Map Adoption Process. Town Engineer and Floodplain Administrator Waters provided a report on the process to update the Town’s Flood Insurance Rate Maps (FIRMs). Engineer Waters recommended the Town adopt the most recent Flood Insurance Study (FIS) and FIRMs provided by the Colorado Hazard Mapping Project in 2021 and 2023 respectively. On May 27, 2026, FEMA instructed the Town to amend its regulations to include the updated mapping by the effective date of November 27, 2026 of the FIS report and FIRMS. Failure to adopt the updated FIS and FIRMs would result in suspension from the National Flood Insurance Program. Board comments and questions have been summarized: Requested clarification of the consequences of not adopting the updated FIS and FIRMs, Engineer Waters stated there would be many consequences including residents not being eligible for flood insurance; and expressed support to consider the adoption of the FIS and FIRMs by updating a section of the Municipal Code in Title 18 - Flood Damage Prevention in September 2026. Mayor Hall called for a break at 4:57 p.m. and reconvened the meeting at 5:15 p.m. Policy 102 (Town Committees) Liaison Review. Town Administrator Machalek reviewed the role of Trustee liaisons to committees as outlined in Policy 102. He recommended the description of the liaison role be moved to Policy 101, where liaison assignments were approved and listed. Board comments and questions have been summarized: Mayor Hall stated no decisions would be made during study sessions; expressed support to move the description from Policy 102 to Policy 101; discussed interest in further defining the distinct responsibilities of Trustee liaisons as well as the role of Trustees serving as voting members on other boards or committees; recommended establishing a mechanism to correct or remove liaisons who did not meet the requirements of the role, Town Administrator Machalek stated the existing self-monitoring policies could be used to monitor compliance with the liaison role; questioned whether the current committee member appointment process represented the views of the entire Town Board, Town Administrator Machalek stated his intent to recommend additional language outlining the recruitment and selection policies for roles appointed by the Town Board in Policy 102; expressed concern of the level of accountability of committee members appointed by the Town Board; and Town Administrator Machalek noted oversight of committees would be best managed through the approval process of their operating plan rather than the appointment of individual members. Policy 102 (Town Committees) Focus Groups Draft. Town Administrator Machalek presented draft policy language to enable the use of ad hoc focus groups for projects of significant community interest. The draft policy included a charter outline, four appointment process methods that may be used individually or in combination, and required facilitation by an impartial party. The four appointment process methods were application, randomized selection of community members, appointment of specific stakeholders, and selection from a pre-approved applicant list. DRA F T RECORD OF PROCEEDINGS Town Board Study Session Minutes dated August 11, 2026 – Page 3 Board comments and questions have been summarized: Expressed support to incorporate the draft policy language into Policy 102; expressed support to establish the ad hoc focus group policy as a standalone policy; questioned the process for establishing an ad hoc focus group, Town Administrator Machalek stated to appoint an ad hoc focus group the Board would vote on a charter that would define the purpose, appointment process, and expiration date; expressed support to utilize facilitators; questioned the requirement to always have a facilitator; questioned the methodology to budget for facilitators, Town Administrator Machalek stated funds could either be redirected or an annual line item with a set budget could be established; expressed importance of Trustee engagement in the establishment of the focus group so as to reflect the will of the electorate; questioned the timeline to establish a focus group using the recommended policy, Town Administrator Machalek estimated a charter would be provided to the Board for consideration as soon as a month after it was requested and the first meeting of the focus group would be held as early as three months after the initial request, dependent on the appointment process selected; expressed support of the variety of options to appoint members; and questioned if a timeframe to establish a focus group could be added to the policy as a deliverable. Semi-Annual Compliance Review with Board Governing Policies – Policy 1.9 Self- Monitoring of the Board. No discussion was heard from the Board in relation to self- monitoring. Town Administrator Machalek reported Policy 1.9 had been mistakenly referenced as Policy 1.10 in February 2026 and the typo had been corrected. Trustee and Administrator Comments and Questions. None. Future Study Session Agenda Items. It was requested and determined to add a discussion on Housing Definitions and Density Bonuses in the Development Code to the September 8, 2026 meeting. Trustee Lancaster requested a briefing of possible financing mechanisms available for use in the Downtown area, and it was determined to add the topic to the Downtown Plan Approach discussion scheduled for the August 25, 2026 meeting. There being no further business, Mayor Hall adjourned the meeting at 6:03 p.m. ___________________________________ Stephanie Bramwell, Recording Secretary DRA F T 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 Bergsten Department: Utilities Date: August 20, 2026 Subject: Resolution 94-26 Water Lease with Trout Haven Type: Resolution This item has been removed from the agenda. 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: Paul J. Fetherston, Internal Services Director Department: Internal Services Date: August 25, 2026 Subject: Resolution 95-26 Intergovernmental Agreement with the Estes Park School District for Emergency Fleet Shop Space Sharing Type: Consent Objective: Seek Town Board authorization to approve and IGA between the Town and School District that establishes a framework for the temporary, non-exclusive sharing of fleet maintenance shop facilities during declared emergencies or disasters. The IGA would allow either party to use the other party’s fleet maintenance shop when its own facility is unavailable or inoperable, ensuring the continuity of essential government operations, fleet maintenance services, and public services. Present Situation: The Town and School District each rely on their respective fleet maintenance facilities to perform critical repair and maintenance services that support essential operations and public service delivery. If an emergency, disaster, or other unforeseen event were to render either party’s fleet maintenance shop unavailable or unusable, there is currently no formal backup location or mutual aid arrangement in place to continue those services. The absence of an alternative fleet maintenance facility could significantly disrupt the ability of the affected party to maintain and repair vehicles and equipment necessary for public safety, transportation, infrastructure maintenance, and other core governmental functions. Such a disruption could compromise continuity of operations and negatively impact the delivery of essential services to the community. The proposed IGA would address this gap by establishing a framework for the temporary, non-exclusive use of the other party’s fleet maintenance shop during declared emergencies or disasters. Proposal: Establish a formal relationship between the Town and School District that allows the temporary, non-exclusive sharing of fleet maintenance shop space during declared emergencies or disasters to ensure continuity of fleet operations and essential public services when either party’s facility is unavailable. Advantages: • Supports continuity of operations by providing an alternative fleet maintenance location. • Maintains critical public services by supporting the continued operation and repair of fleet assets essential to Town and School District functions. • Enhances emergency preparedness and resilience through a pre-established mutual aid agreement between local public agency partners. • Strengthens intergovernmental cooperation and coordination between the Town and School District. Disadvantages: • Limited availability of shared space if both parties are affected by the same regional emergency or disaster. This is somewhat mitigated by the distance between locations. • Potential operational conflicts relating to scheduling, workspace availability, or equipment use – which is mitigated by this being a temporary and non-exclusive use allowing the parties to coordinate priorities and schedules. Action Recommended: Authorize the Mayor to execute the IGA between the Town and School District providing for the temporary, non-exclusive sharing of fleet maintenance shop space during declared emergencies or disasters to support continuity of operations and essential public services. Finance/Resource Impact: The proposed IGA is expected to have minimal fiscal impact, as it utilizes existing fleet maintenance facilities and resources, while providing a cost-effective contingency option to support continuity of operations during declared emergencies or disasters. In addition, the IGA provides that each party will bear the cost of its own labor, equipment, tools, supplies, and administrative costs; and is responsible for reimbursing the host party for documented incremental costs such as utilities or consumable that are incurred as a direct result of the shared use. Level of Public Interest: The public has a strong interest in ensuring the continuity of Town and School District operations during emergencies and disasters, as the proposed IGA helps maintain essential fleet maintenance capabilities that support uninterrupted delivery of critical public services. Sample Motion: I move for the approval/denial of Resolution 95-26. Attachments: 1. Resolution 2. Intergovernmental Agreement between the Town of Estes Park and Estes Park School District for Emergency Fleet Shop Space RESOLUTION 95-26 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ESTES PARK SCHOOL DISTRICT FOR EMERGENCY FLEET SHOP SPACE SHARING AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Town of Estes Park and Estes Park School District recognize the importance of maintaining fleet maintenance operations necessary to support essential public services and continuity of operations; and WHEREAS, the parties desire to establish a framework for the temporary, non- exclusive use of fleet maintenance shop space during declared emergencies or disasters when either party’s facility becomes unavailable; and WHEREAS, the proposed Intergovernmental Agreement promotes emergency preparedness, intergovernmental cooperation, and the continuity of critical services for the benefit of the community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Intergovernmental Agreement between the Town of Estes Park and Estes Park School District for Emergency Fleet Shop Sharing is hereby approved in substantially the form presented. Section 2. The Mayor is hereby authorized to execute the Intergovernmental Agreement on behalf of the Town. Section 3. This Resolution shall take effect immediately upon adoption. DATED this 25th day of August, 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 To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: August 25, 2026 Subject: New Fire Chief Introduction and Thunder Mountain Project Update Type: Report and Discussion (Outside Entities) No packet material will be provided for this item. 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: Paul Hornbeck, Senior Planner Department: Community Development Date: August 25, 2026 Subject: Resolution 87-26 Fall River Village II Combined Preliminary/ Final Planned Unit Development Plan, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Combined Preliminary/Final Planned Unit Development Plan and approve or deny the application. Present Situation: Town Board considered this item at the July 28, 2026 meeting and voted to continue it to the next regularly scheduled meeting (August 11, 2026). The applicant subsequently submitted a written request to continue the item to the August 25, 2026 meeting due to a scheduling conflict. The resolution has been updated per discussion at the July 28th meeting to add the following conditions: • Condition recommended by Planning Commission requiring parking to be managed by the owner’s association. • Condition to install landscaping along Far View Drive. • Condition to update non-compliant outdoor lighting. As outlined in the previous memo, Fall River Village consists of two separate lots that include a total 88 units and an event facility previously approved as part of a Planned Unit Development (PUD) with an underlying zoning of Commercial Outlying (CO). A PUD is a zoning overlay that allows flexibility to certain development standards. The upper, northern lot is the subject of this application and contains 24 units and the event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below- market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. As a property less than 5 acres in size, the project is eligible to be reviewed as a Combined Preliminary/Final PUD in accordance with Estes Park Development Code (EPDC) Section 3.4. The code states such applications “shall be considered a Final PUD Plan and shall follow the standard development approval process set forth in Section 3.2…” EPDC Section 3.2 requires the Planning Commission to review the application and make a recommendation to the Town Board, who is the final decision- making body. Staff’s interpretation is that Ordinance 11-25, which requires applications for PUDs to include written approval of two-thirds (2/3) of property owners within 500 feet of the subject parcel, is not applicable to this application due to state statutes and the timing of the application submittal. EPHA submitted the application for this PUD prior to the voters’ approval of Ordinance 11-25. Colorado Revised Statutes Section 24-68-102.5(1) provides that "an application for approval of a site-specific development plan as well as the approval, conditional approval, or denial of approval of the plan shall be governed only by the duly adopted laws and regulations in effect at the time the application is submitted to a local government” (emphasis added). Development Code Section 3.10(B)(1) includes a final PUD as a site-specific development plan.1 The subject application qualifies for a Combined Preliminary/Final PUD, which Development Code Section 3.4(C)(4) states "shall be considered a Final PUD Plan." Because Ordinance 11-25 does not specifically address final PUD plan applications submitted before its enactment, and because the interaction between state statutes and the development code does specifically entitle applicants for PUD plans to the code governing PUDs at the time of application, staff’s interpretation is that Ordinance 11-25 does not apply to this particular application. Proposal: The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot (2 units), and one lot for the event facility/office. The subdivision is a separate application and agenda item from this application to amend the existing PUD. Most of the desired 1 A rezoning, on the other hand, is not listed as a type of site-specific development plan. uses are currently permitted by the PUD as it allows multi-family and two-family residential dwellings, government offices, and daycare. The PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. The PUD seeks approval of the following: 1. Lot Size. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. EPDC Section 10.5.H.7 allows the decision maker (Town Board) to approve townhome lots which are smaller than the zone district minimum, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots. 2. Building Envelopes. EPDC Section 10.5.H.7.d requires building envelopes be included on townhome subdivision plats. Since this project is already constructed, the applicant requests a waiver to this requirement. Building permit review will ensure any future construction complies with relevant standards that building envelopes help govern, such as setbacks and maximum lot coverage. 3. Setbacks. Townhome projects are not required to comply with building setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet on these lots, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 4. Parking. Minimum parking requirements are met for the residential units, daycare, and office; however, the application seeks to address the location of parking and parking requirements for the event facility. The site currently has 82 parking spaces but two are planned to be converted to other uses to serve a proposed daycare. In accordance with EPDC Section 7.11.D, 49 parking spaces for the residential and daycare uses and 11 spaces for the office are required and are provided. EPDC requires a parking study to determine the appropriate parking needed to serve event facilities. The parking study prepared by the applicant (Attachment #4), recommends a parking ratio of one space per three event attendees. There is no industry standard parking ratio for event facilities; however, one parking space per two to four attendees is often used. Based on the use and size of the building, the Building Code allows a maximum occupancy of 135 people, which would require 45 parking spaces using the 1:3 ratio. The existing PUD was approved with 29 spaces dedicated to the event facility. The current proposal would have 20 dedicated spaces which would increase to 31 spaces when the office is not in use (i.e. evenings and weekends). Therefore, there is a deficit of 14-25 parking stalls when applying the 1:3 ratio. To address this, the PUD includes occupant limitations of 59 people during office hours and 97 people non-office hours, which generally corresponds with the available parking using the 1:3 ratio. Staff recommends a condition of approval that parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. EPDC Section 7.11.F states all required off-street parking spaces shall be located on the same lot or parcel they serve. With the subdivision, parking for Lots 1, 12, and 17 will be provided in the adjacent outlot/ common parking area rather than on individual lots. As provided for in EPDC Section 7.11.G.3, staff has approved the proposed parking as an alternative to providing off-street parking spaces on site, finding the applicant has demonstrated the proposed plan will protect surrounding neighborhoods, maintain traffic circulation patterns and promote quality urban design to at least the same extent as would strict compliance with otherwise applicable off-street parking standards. 5. Loading. EPDC Section 7.11 requires off-street loading for business and professional offices, warehousing and storage, and daycare. The applicant requests a waiver to these requirements due to the size and needs of the building/uses not warranting any large trucks servicing the property. Application materials indicate typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. 6. Sidewalks. A sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. The PUD application requested approval of a waiver to sidewalks along Far View Drive. However, Public Works has determined sidewalks are not required in this case and as such, the waiver is unnecessary. 7. Uses. “Government office” is an allowed use under the current PUD but the applicant requests “office” also be an allowed use. The applicant also requests “warehousing and storage – limited” be allowed on Lot 12 to accommodate storage for residents and occupants of the office. The A zone district requires a Special Review for event facilities. Since the facility was previously approved, the PUD clarifies it is an allowed use and does not require Special Review. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. EPDC. In accordance with EPDC Section 3.4.D “Standards for Review”, all PUD applications shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, Planned Unit Development: 1. The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; Staff comment: The PUD amendment implements the goals and policies of the Code and Comprehensive Plan by supporting workforce housing. The PUD would allow subdivision of the property to enable the sale of individual units, which EPHA indicates is necessary to provide below market rental rates on the workforce housing units. 2. Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; Staff comment: There are no adverse impacts on adjacent properties anticipated with the PUD amendment, and overall parking demand from events will likely be lower than under the previous use for weddings. However, a shared parking lot may create challenges if events incur higher parking demand than anticipated. If this becomes an issue, the HOA and/or management company would likely need address through reserved parking areas, parking permits, and/or enforcement. If vehicles are parked obstructing fire lanes, the Town and/or Fire District may need be involved in enforcement. 3. The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; Staff comment: The existing development is integrated with street and sidewalk connections and no new street or sidewalk connections are proposed. 4. Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and Staff comment: Except for the waivers requested herein, all district, development and subdivision standards are met. 5. As allowed in Chapter 9 below, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. Staff comment: As discussed herein, the applicant has requested certain standards be modified or varied. Should Town Board wish to approve the PUD, the enclosed Ordinance includes a finding that the PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. 6. The PUD shall provide public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Staff comment: The PUD amendment provides a community benefit of supporting the provision of workforce housing. Disadvantages: Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended: At their May 19, 2026 meeting Planning Commission forwarded to Town Board a recommendation to approve the Combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: Findings: 1. The Planning Commission is the recommending body for the Combined Preliminary/Final PUD Plan. 2. The Town of Estes Park Board of Trustees is the decision-making body for the Combined Preliminary/Final PUD Plan. 3. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 4. The Combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: 1. Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Staff recommends the following additional conditions: 1. Landscaping along Far View Drive as depicted on the Amended Fall River Village II P.U.D. approved in 2018 shall be installed and accepted by the Town by September 1, 2027. 2. Exterior lighting shall be shielded in accordance with Development Code Section 7.9. Finance/Resource Impact: The PUD will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest. Two public comments have been received. One comment requested additional landscaping along Far View Drive and that non-compliant outdoor lighting be addressed. The other comment appears to have mistaken this application for the Fish Hatchery project. A neighborhood meeting was held by the applicant on May 8, 2025 with approximately 10 attendees. A meeting summary is enclosed (Attachment #6). In accordance with the notice requirements in the Code, notice of the July 28th hearing was published in the Estes Park Trail-Gazette, on July 10, 2026. Notice was mailed to all required adjacent property owners on July 10, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move for the approval/denial of Resolution 87-26. Attachments: 1. Resolution 2. Application 3. Statement of Intent 4. Preliminary/Final Planned Unit Development 5. Parking Study 6. Neighborhood Meeting Summary RESOLUTION 87-26 A RESOLUTION APPROVING THE FALL RIVER VILLAGE II SECOND AMENDED PLANNED UNIT DEVELOPMENT PLAN WHEREAS, an application for a combined preliminary/final Planned Unit Development (PUD) known as the Second Amended Fall River Village II PUD Plan was filed by the Estes Park Housing Authority (Applicant) on July 30, 2025; and WHEREAS, the subject property, approximately 3.8 acres in size, is legally described as Lot 1, Fall River Village II Resubdivision of Lots 1-7 and Outlot A, Fall River Village PUD and Lot 5A of the Amended Plat of Lot 5, Sunny Acres Addition to the Town of Estes Park; and WHEREAS, the Estes Park Development Code, Chapter 9 Planned Unit Developments allows PUD overlays on land located in CO (Outlying Commercial) Zoning Districts; and WHEREAS, the proposed Second Amended to Fall River Village II PUD Plan is a PUD overlay on land located in a CO (Outlying Commercial) Zoning District; and WHEREAS, the Board of Trustees has determined that the Second Amended Fall River Village II PUD complies with applicable standards set forth in the Estes Park Development Code; and WHEREAS, public hearings, preceded by proper public notice, were held by the Board of Trustees on July 28, 2026, August 11, 2026, and August 25, 2026 and at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Second Amended Fall River Village II PUD Plan is hereby approved, with the following findings and conditions: Finding: Certain Development Code standards as outlined in the PUD have been modified or varied based upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or development standards. Conditions: Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Landscaping along Far View Drive as depicted on the Amended Fall River Village II P.U.D. approved in 2018 shall be installed and accepted by the Town by September 1, 2027. Exterior lighting shall be shielded in accordance with Development Code Section 7.9. Attachment 1 DATED this 25th day of August, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ISubmittal Date: 7/30/2025 Type of Application Pre-App Q Development Plan 0 Special Review Q Preliminary Subdivision Plat Q Final Subdivision Plat Q Minor Subdivision Plat Amended Plat ESTES PARK PLANNING DEPARTMENT APPLICATION PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request Extension Q Condominium Map 0 Preliminary Map Final 0 Map Supplemental 0 Map Q) Variance Request (Board of Adjustment) Other General Information )ecifv IPUD Amendment 775 Riverside Drive ESTES PARK, CO 80517 [Project Name Fall River Village Subdivide the existing buildings on the parcel, then sell to support below market rents across both parcels I Project Address [Legal Description |ParcellD# Site Information Lot 1, Fall River Village II ResubdMston of Lots 1.7 and outlot A, Fad River Village P.U.D and Lot 5A of Uw Amended ptat of lot 5 Sunny Acres 3525271001 Lot Size -3.75 Acres Area of Disturbance in Acres -3.75 Acres CO Treated as A - Prv owner used it as STR and a wedding venueExisting Land Use Proposed Land Use co Treated as A - Individually owned units, 1 MF building, childcare, office, reduced event space Existing Water Service Proposed Water Service own L^jTown Existing Sanitary Sewer Service II EPSD Proposed Sanitary Sewer Service I_I EPSD Is a sewer lift station required? ]_| Yes Existing Gas Service 1/1 Xcel |_| Other Existing Zoning CO treated as A Well II None D Other (specify) Well D None I—] Other (specify) 1/1 1/1 UTSD UTSD No None Septic D Septic None Proposed Zoning CO treated as A Site Access (if not on public street) Are there wetlands on the site?Yes [U No Site staking must be completed as required/requested by the Planner. Primary Contact Information Complete Mailing Address Primary Contact Person is Attachments II Application fee 171 Statement of intent II 1 copy (folded) of plat or plan 11"X17"copy of plat or plan D Yes [3 No Peter Levine 363 E Elkhorn Owner Ave #101a , Estes Park, Applicant co 80517 II Consultant/Engineer Digital Copies of plats/plans in PDF format emailed to planning@estes.org Q Sign Purchase ($10) IPIease review the Estes Park Development Code Appendix B for additional submittal requirements, which |may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, |wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Esfes Park -^ P.O. Box 1200 «s 170 MacGregor Avenue ^ Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 ^. Fax: (970) 586-0249 ^. www.estes.org/CommunityDevelopment Revised 2024-03-11 ks Attachment 2 Contact Information Record Owner(s) FALL RIVER VILLAGE ESTES LLC Mailing Address 363 E Elkhorn Ave #W\, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email ptevine@estes.org Applicant Peter Levine Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email ptevine@estes.org |Consultant/EngineerVan Horn Engineering Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517 Phone 970-586-9388 Cell Phone Fax Email JOE@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or 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. 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: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: Record Owner f eI^^A. ^^/' Lf\£^ Date 7/30/25 Applicant f eJLiA. cA€V t.f\£^ Date 7/30/25 Revised 2020.04.23 ks APPLICANT CERTIFICATION ^ 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: lhttD://www.estes.ora/DevCodd > 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 Names: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority <^ViruL ^ Applicant __'fdeA. ^ej/ui£^ Date 7/30/2025 Signatures: Record Owner FeIjiA. ^\&VC/U^ ^ . Date 7/30/2025 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) COMMUNITY/NEIGHBORHOOD MEETINGSCHEDULED FOR THIS PROPERTY 970-577-3721 Revised 2024-03-11 ks Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4.Statement of Intent. All applications for a preliminary subdivision plan and ﬁnal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. (Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating proﬁt which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction Attachment 3 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildﬁre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualiﬁcations: We acknowledge the professional qualiﬁcations required to create a report E. Wildﬁre Hazards. 1.Wildﬁre Hazard Areas. a. “Mapped Wildﬁre Hazards. Wildﬁre hazard areas shall include all those areas shown as "high-tree" ﬁre hazard areas on the Wildﬁre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” ﬁre hazard area on the wildﬁre hazard resource map “Unmapped Wildﬁre Hazards. Wildﬁre hazard areas shall also include areas located outside of the mapped wildﬁre hazard areas that are identiﬁed by the Colorado State Forest Service or the Larimer County Wildﬁre Safety Specialist, or designee, as hazardous areas” – The Property is not identiﬁed as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd ﬂoor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient ﬁre suppression facilities and adequate access to emergency ﬁre protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signiﬁcant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ﬁts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the ﬁeld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the ﬁeld. 10.4 Lots A. Lot Dimensions and Conﬁguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 3. Conﬁrmed 4. Conﬁrmed B. Access: Conﬁrmed C-E. N/A F. Conﬁrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conﬁrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conﬁrm that this project will adhere to the Fire Safety Standards. F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ﬁts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the beneﬁt of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses - Townhome ownership with the potential to STR -Free storage for workforce housing tenants -Office Space -Daycare -Event Space 2) The PUD largely ﬁts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be able to operate as a large wedding venue and the hours of operation will be reduced. This will be a beneﬁt to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. Page 1 of 5 SECOND AMENDMENT TO FALL RIVER VILLAGE II PUD, COUNTY OF LARIMER, STATE OF COLORADO Dated February 15th, 2026 The AMENDED FALL RIVER VILLAGE II PUD, COUNTY OF LARIMER, STATE OF COLORADO which was approved by Estes Park Board of Trustees on March 27, 2018 and recorded in the Larimer County records on June 15, 2018, at Reception # 20180036169 is amended as outlined herein and shall be known as the SECOND AMENDMENT TO FALL RIVER VILLAGE II PUD. The following changes are approved with this Second Amendment: Permitted Uses shall be subject to the Estes Park Development Code A Zone district standards, except that the following use modifications shall be permitted in addition by the PUD process: “Government Offices”, “Offices”, “Warehousing and Storage – Limited” and “Event Facility” shall be permitted on Lot 12. “Daycare Center” and “Family Home Day Care, Large” shall be permitted on Lot 17. Lot 17 will be a duplex building use. These uses shall be permitted by-right subject to Community Development Department administrative review of applicable standards. Total Off Street Parking Spaces: Total Spaces Required (See Exhibit A) = 80 Spaces Off Street Parking Spaces Provided On Site = 52 Spaces Garage Spaces Provided = 16 Spaces In Front Of Garages (None In Front Of 273) = 14 Spaces Note: Garage Spaces For Daycare Will Not Be Available If The Daycare Is Used Since the Daycare Will Use The Garage As Storage = (-2) Spaces Total Spaces Provided = 80 Spaces Handicap Spaces Required = 4 Total (1 Van) Handicap Spaces Provided Outdoor = 3 Total (2 Van) All Single Car Garage Spaces (10) Would Be Handicap Accessible 1.See Exhibit A for a breakout of the parking calculations. 2.For the purpose of off-street parking numbers, the Event Facility is using 1 parking space per 3 people. This is consistent with “All Other Outdoor Entertainment Establishments”, “Indoor Theatre Entertainment Establishments” and is more than “All other Indoor Entertainment Establishments” would require for this facility. Additionally, this is what was agreed upon and used in the original 2017 PUD. 3.The Event Facility on Lot 12 will be used during office hours for functions related to the office such as breakfast gatherings, lunch conferences, educational programming, meetings, etc… To meet the parking requirements, during office hours the maximum capacity for an event will be 59 people. During non-office hours, the Event Facility will be available for other functions, at which point the office use parking will not be Attachment 4 Page 2 of 5 necessary. During the non-office hours, the Event Facility will have a maximum capacity of 97 people. Hours of operation for the Event Facility shall be from 7AM- 10PM. No event may be hosted by a guest of a short term rental license. 4. Parking requirements for the “Daycare Center” or “Family Home Day Care, Large” are greater than what would be required if the unit is a residential unit. The parking spaces required for the daycare are for a maximum of 15 students (1 space /6 students = 2.5 parking spaces) and when it is a daycare, the garage will be used for storage, therefore 2 spaces would be subtracted from the overall spaces provided. In addition, two spaces will be provided for drop-off and pick-up and will be signed as such for Daycare Parking Only from 7am-6pm. The two spaces on the far east of the property will be designated for the daycare parking. They will be extra spaces for evening/weekend parking. In the event that the daycare is not in use, then the two parking spaces at the east end of the project will be available for “Event Facility” parking. At a rate of 3 people per vehicle at the event center, that will allow 6 extra guests for a total of 65 people during office hours and 103 during non-office hours. 5. Storage containers are currently located in two parking spots on the east side of the project and will be allowed to remain for 18 months. During the use of these two spots for storage, the “Event Facility” maximum use will be reduced by 6 people to 53 people during office hours and 91 people during non-office hours (assuming the daycare is in operation) until the storage containers are removed. At the time of removal, the “Event Facility” will be allowed 59 people during office hours and 97 people during non-office hours (assuming the daycare is in operation). NEW WAIVERS TO BE REQUESTED: 1. This property will go through the Townhome Subdivision process in conjunction with this Second Amended PUD. The PUD requests that this Townhome Subdivision allow Lot 1 to contain up to 8 “Multi-Family Dwellings”, Lot 12 contain the right to “Offices”, “Government Offices”, “Warehousing and Storage – Limited” and “Event Facility”, and Lot 17 contain the right to “Two Family Dwelling”, “Daycare Center” and/or “Family Home Day Care, Large”. 2. Lot 1, Lot 12 and Lot 17 will not be a Townhome Lot, therefore request they shall be allowed to be smaller lot sizes than code requires for a CO zone lots (15,000 sf) and A zone lots (40,000 sf). The lot sizes will be 14,300+/- sf, 9227+/- sf, and 15,460+/-sf respectively. 3. “Warehousing and Storage – Limited” in the lower level of Lot 12’s building will be allowed to residents and businesses of Fall River Village Townhomes and Lot 8, Fall River Village Final P.U.D. on an availability basis as regulated by the owners of Lot 12. Page 3 of 5 4. Lots 1, 12 and 17 do not meet setbacks since they are not Townhome Lots. A waiver is requested that they have 0’ internal setbacks, similar to the Townhome Lots. Exterior setbacks shall remain as shown on the original PUD. 5. Parking spaces for many of the lots are not on the lot themselves. A waiver is requested to provide parking spaces on-site, but not on the individual lots. Spaces not in a garage or in front of a garage are not assigned to any particular units and are available on a first come-first serve basis. The overall site meets the required parking counts. 6. Estes Park Development Code Chapter 10.5.H.7.d requires building envelopes for each lot. A waiver is requested to not show building envelopes. This project is built out and the existing lot coverage for every lot meets the requirement. In the case of any building permit application in the future, a site plan will be required that can address the 80% lot coverage requirement. Building envelopes make it difficult to be flexible with future building improvements. A building envelope was placed on the west side of Lot 13 to keep any improvements in the Outlot spa area from being too close to the unit on Lot 13. 7. The PUD requests a waiver to the requirement for a loading space. The “Offices”, “Government Offices”, “Day Care” and “Event Center” require either a Type A loading space or a parking study to determine if one is needed. The size and needs of the building/uses do not warrant any large trucks servicing the property. Typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. 8. The PUD requests a waiver from sidewalks along Far View Dr. It had been determined in the prior projects that this was not necessary along Far View Dr. There are sidewalks connecting the property internally and a sidewalk along Elkhorn Avenue and Fall River that connects to downtown done by prior owners of this property. Prior waivers for the AMENDED FALL RIVER VILLAGE II PUD are to be kept in effect except for #5 and #6 below because the uses have changed. #5 has been updated in #7 above. #6 is no longer necessary because the code has changed to allow an accessory use in an accessory building over 1,000sf and the building is now a primary building on Lot 12 with “Government Office” or “Office” as the primary use: 1. Minimum curve radii for streets. The internal drives service enough units that they are treated as streets and must be built to street standards. The minimum centerline radii is 100'. We have proposed a 50' radii on one section of the internal drive to enable the units to fit. This will meet the requirements of the fire department and will also help to slow traffic through the neighborhood. Page 4 of 5 2. The community hall is requesting a height waiver of 8' from the EPDC. The lot has a very steep grade and Sunny Acres Ct. was originally built with a lot of fill at the southern end where this building accesses from. This combination forced the building to be elevated to meet the grades at the road. Even though the building is not exceptionally tall, we are still 8' above the height limit. The exceptional grade on this portion of the property makes it hard to meet the height requirement, even if it were to be developed as a single family lot as this property was designed to be in the Fall River Village PUD from 2008. 3. In order to connect the lower property with the upper property, the grade of the drive along the western side is steeper than code. We designed the grade of the road at 12% which is a request of 3% more than the standard 9% grade allowed in the EPDC. This connection was made to provide connectivity between the Fall River Village and Fall River Village II. This provides an emergency route and a secondary access for both properties and is the only reasonable way to provide the connection. 4. A smaller setback of 10' for the north and east lines of former Lot 5a, Sunny Acres Addition (the eastern portion of this property) is requested because the buildings already exist. The rezoning of the lot to CO from RM in 2017 increased the zoning setbacks from 10' to 25'. This request is being made in order to keep the units from violating any setbacks with this change in zoning and subsequent combination of Lots 1-7 and Outlot A of the Fall River Village PUD. They were conforming prior to the rezone and we would like to maintain their conformity. 5. A request to waive a Type "A" loading dock. The site is not conducive to creating a loading site on the side or behind the building in order to meet 70' setbacks from sunny acres ct. which is required by the code. The facility is a small building and the parking spaces are adequate to provide for any catering needs that the building will utilize. The size and needs of the building do not warrant any large trucks servicing the property. Typical vans will likely be the only vehicles to service the property and they can utilize the parking spaces for the short duration they will be on-site. 6. A request for an accessory building to be larger than 1000 sf. This property is building a community hall that is intended to be the signature piece of the property. For a commercial property like this, this kind of use is necessary and due to constraints on the property it is not feasible to connect it to the principal use (the office). This kind of use is very common throughout the valley as a detached building. It does not make sense that it has to be attached to the principal use. 7. A request for 6 more units than are allowed on Lot 1, Fall River Village II Resubdivision. It is requested to have 18 units on this property rather than 12. The overall density of the upper neighborhood would be in keeping with the overall density of the existing Fall River Village where the established lower level is of much higher density. The minor increase in overall density would be consistent with the town's desire for increased density close to the downtown area. All other aspects of the Amended Fall River Village II PUD remain in full force and effect, including waivers and density. CERTIFICATION OF OWNERSHIP Page 5 of 5 THE UNDERSIGNED, BEING THE OWNERS OF THE REAL PROPERTY SUBJECT TO THE PUD SHALL BE SUBJECT TO THE PROVISIONS OF THE ESTES PARK DEVELOPMENT CODE AND ANY OTHER ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO PERTAINING THERETO. ___________________________ Scott Moulton, Managing Member, Fall River Village Estes LLC BOARD OF TRUSTESS CERTIFICATE APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK COLORADO BY A RESOLUTION ADOPTED THIS _____DAY OF ______________, 2025. __________________________________ __________________________________ Town Clerk Mayor DESCRIPTION Revised 7/29/2025 Residential/Accommodation SQ FT Spaces/Unit or Persons # of Units or persons Total 8-Plex <750 1.75 8 14.00 276 Sunny Acres <750 1.5 1 1.50 Townhome Units (Excluding 274 Sunny Acres)>750 2 14 28.00 Daycare (274 Sunny Acres)1/6 15 2.50 Daycare (274 Sunny Acres) Visitor Dropoff Parking 2.00 274 Sunny Acres will likely be a daycare facility. The probable number of students would be 15 and that requires 3 parking spaces, so it has been input separately since the daycare facility will require more parking spaces. Independent Accessory Uses SQ FT/Persons Spaces/Unit Total Skyview Storage 2236 1/999 2.24 Skyview Office 2115 1/200 10.58 Total 12.81 Storage use in the facility is not being counted towards parking because it will be used by either residents of the units or employees in the office. Therefore additional spaces will not be needed for offsite users. Independent Accessory Uses Persons Spaces/Person Total Skyview Events on third floor during Office work hours 59 1/3 19.67 Skyview Events on third floor during weekends/evenings 97 1/3 32.33 Since the Skyview Center will be an office during the day, event attendees will be limited to the total number of parking spaces required on Lot 12 by including the of On the weekends/evenings, events will have attendees relative to the total number of guests without including the Skyview Office and Storage requirements. Total Accessory Spaces Required during Office work hours or during evenings/weekend events, whichever is greater. 32.48 TOTAL SPACES REQUIRED 80 Off Steet Parking 52 Garage Spaces 16 In front of garages (not including Lot 16 )14 Subtract Lot 18-Daycare garage due to use as a storage and indoor play area. -2 TOTAL SPACES PROVIDED 80 Fall River Village Townhomes PARKING CALCULATIONS Exhibit Page 1 of 1 Attachment 5 Estes Park Housing Authority Neighborhood Meeting Minutes Date: May 8, 2025 Location: SkyView Event Center, Fall River Village Time: 5:22 PM – 6:25 PM Facilitator: Scott Moulton, Executive Director, EPHA & Peter Levine, Director of Real Estate Development, EPHA Duration: 1 hour 3 minutes 1. Welcome and Introduction •Scott Moulton welcomed attendees, noting the purpose of the meeting: to present current plans for Fall River Village and gather neighborhood feedback as part of the subdivision and zoning amendment process required by the Town of Estes Park. 2. Project Overview •Workforce Housing Strategy •EPHA acquired Fall River Village to create 74 units of long-term workforce housing. •The property consists of two parcels: •Lower Parcel: 65 two-bedroom units, to remain as workforce rentals at below- market rates. •Upper Parcel: Includes one building with 8 one-bedroom units (to remain rentals) and 15 higher-end three- and four-bedroom townhomes. •Sale of Market-Rate Townhomes Attachment 6 • EPHA plans to sell up to 13 of the upper townhome units at market rate to reduce project debt and enable long-term ﬁnancial sustainability. • Sales proceeds will reduce debt principal and allow EPHA to maintain affordable rents. • Use of Remaining Units • One four-bedroom unit may be converted into a child care facility (pending feasibility). • The SkyView Event Center space will be repurposed for: • EPHA office space (relocating from U.S. Bank building). • A reduced-capacity event space (no weddings or late-night events). 3. Financial Structure • The project was made feasible by: • Proposition 123 funding: $7 million equity investment from the State of Colorado via CHFA. • Financing terms: 4.8% interest rate, 100% loan-to-value from NBH Bank. • Use of market-rate sales and permitted short-term rental (STR) zoning to maximize value on sales. • Rent Limits are based on AMI tiers: • 60% AMI (1BR units), 70–80% AMI (2BR), 80% AMI (4BR). • Blended AMI for lower parcel must remain under 90% per Prop 123 regulations. • No income restrictions, but rents are AMI-tied. Utilities (except sewer, water, trash, grounds) are paid by tenants. 4. Child Care Facility (Proposed) • EPHA is exploring conversion of a 4-bedroom unit to a child care facility: • Intended to serve infants/toddlers, potentially accommodating ~10 children. • Working with child care licensing professionals; no provider selected yet. • Outdoor play area, parking, and licensing feasibility still under evaluation. • If infeasible, unit may be sold to further reduce project debt. 5. Property Management and Design • Subdivision Plan: • The project requires replatting to subdivide townhomes into individual lots for sale. • A PUD amendment will ensure zoning compliance and long-term use compatibility. • Neighborhood meeting is part of the formal pre-application process. • HOA/CC&Rs: • Covenants, Conditions & Restrictions (CC&Rs) will govern future property standards. • A landscape/common area HOA may be layered; EPHA likely to act as manager. • Maintenance: • Asphalt patching already underway. • Siding and exterior maintenance planned. • On-site presence (new EPHA office) will enhance accountability. 6. Parking, Traffic, and Safety • Parking: • Over 80 parking spaces on upper parcel, plus garage parking. • Adjustments may be needed for child care pick-up/drop-off zones. • Traffic Management: • Speeding concerns acknowledged. • EPHA plans to install seasonal speed bumps and additional signage. • No traffic study required as no new development is planned. 7. Leasing and Occupancy • Current leasing Status: • Upper parcel: 100% leased for intended rentals. • Lower parcel: ~35% leased; limited by deferred maintenance and staffing. • Full lease-up expected by end of 2025. • Lease terms: • Mostly 12-month leases; one six-month lease. • Limited short-term lease use planned; seasonal workforce leases possible but capped. • Occupant Selection: • Waitlist-based application process. • Renters ranked preferred units; placement based on preferences and availability. • No preferential treatment given; all applicants went through equal screening. 8. Community Questions and Concerns • Short-Term Rentals (STRs): • STRs are allowed under existing zoning and PUD. • EPHA intends to use STR eligibility to maximize sales value. • No intent to allow mass investor buy-up; units will be individually marketed. • Occupancy Enforcement: • State law limits restrictions on occupancy. • EPHA leases include guest limits (10–14 days) and require reporting household members. • Units are inspected and monitored for lease compliance. • Transparency and Accountability: • Scott Moulton addressed and denied rumors of favoritism, reduced staff rents, or self-dealing. • All staff and applicants followed standard application process. • Concerns Over Child Care, Noise, Density: • EPHA committed to only pursuing child care use if space meets all licensing and operational needs. • No increase in density; development is adaptive reuse only. • Event space will have reduced hours and capacity. 9. Town Approval Process • Next Steps: • Submit application to Town of Estes Park to subdivide property and amend PUD. • Application process includes multiple review cycles, Planning Commission hearing, and ﬁnal Board of Trustees approval. • EPHA aims to submit the application by the end of May 2025. • Public Engagement: • All standard noticing requirements will be met or exceeded (mailings, signage). • Community input welcomed throughout the entitlement process. 10. Closing • Scott Moulton thanked attendees. • EPHA staff remained available for follow-up questions. • Meeting adjourned at approximately 6:25 PM. Fall River Village II Combined Preliminary/Final PUD Town Board August 25, 2026 Presentation Provided at Meeting 2026-08-25 PUD Purpose A Planned Unit Development (PUD) is a land use tool that can provide flexibility from standard zone district requirements such as lot size, building setbacks, or allowed uses. PUDs are permitted as a zoning overlay by the Development Code Section 3.4 and Chapter 9 and enabled through the Planned Unit Development Act of 1972. The PUD Act allows local governments the “...discretion to negotiate almost every aspect of the proposed development in return for PUD approval. In theory, the planned development process protects the public interest by trading off more flexible local government regulations for a higher level of forethought, design attention, or community amenities...” - -Elliott, Donald L. Colorado Land Planning and Development Law, 12th Ed. (CLE in Colo., Inc. 2021). PUD Purpose EPDC § 9.1 - Purposes In order that the public health, safety and general welfare may be furthered in an era of increasing urbanization, commercial and industrial development, and growing demand for housing of all types and design, this Chapter applies the Planned Unit Development Act of 1972 and is designed to encourage planned unit developments (PUDs) in Estes Park for the following purposes: A.To encourage innovations in residential and commercial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings; B.To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes; C.To provide a process that can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging the preservation of the site's natural characteristics, and to encourage integrated planning in order to achieve the purposes of this Chapter; D.To provide for well-located, commercial sites and well-designed residential developments while minimizing the impact on roads, streets and other transportation facilities; E.To conserve the value of the land; and F.To provide for the development of planned mixed-use commercial and residential developments and promote developments with a mix of commercial and residential uses, including but not limited to attainable, workforce, and employee housing, that provide services and employment opportunities in close proximity to residents of the district. Combined Preliminary/Final PUD EPDC § 3.4.C.4 - Procedure for Approval of Combined Preliminary/Final PUD Plans.Applications for projects smaller than five (5) acres in size or which contain ten (10) or fewer dwelling units are eligible for a combined preliminary/final PUD plan. Applications for a combined preliminary/final PUD plan approval shall be considered a Final PUD Plan and shall follow the standard development approval process set forth in §3.2, including Step 4. Existing PUD Proposed PUD Action Recommended At their May 19, 2026 meeting Planning Commission forwarded to Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the condition below: Parking shall be managed by the owner’s association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Staff also recommends the following conditions: 1.Install landscaping along Far View Drive per existing approved plans. 2.Update non-compliant outdoor lighting. Sample Motion I move for the approval/denial of Resolution 87-26 Fall River Village TB MEETING 9/25/26 Presentation Provided at Meeting 2026-08-25 EPHA Mission In order to ensure a balanced and sustainable community, the Estes Park Housing Authority creates and facilitates housing opportunities and services for persons of low and moderate income. Property Goals To provide workforce housing at below market rent ◦Rental Rates currently range from 60%-80% Area Median Income (AMI) ◦Prop 123 rules contain a maximum blended income AMI of 90% for residents of the property ◦Current AMI Median: 62.14%, Mean: 69.55% To ensure the property sufficiently supports itself ◦Revenues –operating expenses –debt payment >$0 Utilize less of the funding that was pledged to the project ◦6-E and Regulatory Workforce Short Term Linkage Fee Property Summary Purchased October 2024 for $35M 2 Parcels ◦Lower Parcel: 65 units ◦Upper Parcel ◦14 Townhome units ◦Building with 8 1-bedroom units ◦Building with a 4-bed and a 1-bedroom ◦Skyview Received $7M of Prop 123 Equity specific to the lower parcel Preservation Strategy Sell ~14 Townhome units to allow paydown of debt principal ◦This ensures that the property will not require ongoing subsidies This will Preserve: ◦Workforce rental units at below market rates at all 65 units on the lower parcel ◦Workforce rental units at below market rates for the 8-unit one bedroom building on upper parcel ◦Skyview for compatible uses for livability and quality of life for the residents of the workforce housing ◦Preserve the “Cliff House” building and explore home-based childcare solutions ◦This is an older duplex with a 4-bedroom and 1-bedroom unit PUD Review 3.4.D Standards for Review 1. The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; 6. The PUD shall provide public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Public benefits of the proposed PUD may include: f. Adaptive reuse, renovation, or redevelopment of existing buildings; h. Provision of Attainable, Workforce, or Employee Housing or other housing solutions that support the Housing element of the Comprehensive Plan; Adaptive Reuse –Building & Fire Code ◦We are adaptively reusing this property from accommodations for tourists to long term rentals at below market rent for the Estes Workforce. ◦This subdivision requires adaptations of the wall structure & sprinklers in certain buildings in order to reuse the buildings for a new use Building Code & Fire Standards ◦A building with no lot line between units has different fire code requirements than a building with a lot line between units ◦Fire Rated Walls & Blocking ◦Sprinkler System Adaptive Reuse –Building & Fire Code Duplex Lots: 13 & 14 Lots: 15 & 16 / 10 & 11 / 4, 5, & 6 / 2 & 3 / 7, 8 & 9 Comparison to Existing PUD Category Existing PUD Proposed PUD # of Waivers 7 7 Purpose of Waivers To allow a development for visitors & tourism To preserve workforce housing at below market rents Most Impactful Waivers Waiver for 8’ exception above max height for Skyview Change of lot minimums due to change of PUD to “Townhome Plat” Most Impactful Waivers Waiver to allow Skyview to be larger than 1,000 sq.ft. (max allowed as accessory building) Use waivers to allow for planned uses such as Daycare at the Cliff House Most Impactful Waivers Density waiver for 6 more units than allowed Loading Dock (Also an existing waiver) Existing PUD Waivers Existing PUD Waivers Existing PUD Waivers Purpose of newly requested waivers 1. This property will go through the Townhome Subdivision process in conjunction with this Second Amended PUD. The PUD requests that this Townhome Subdivision allow Lot 1 to contain up to 8 “Multi-Family Dwellings”, Lot 12 contain the right to “Offices”, “Government Offices”, “Warehousing and Storage – Limited” and “Event Facility”, and Lot 17 contain the right to “Two Family Dwelling”, “Daycare Center” and/or “Family Home Day Care, Large”. This change of us is due to providing workforce housing & childcare solutions on site Purpose of newly requested waivers 2. Lot 1, Lot 12 and Lot 17 will not be a Townhome Lot, therefore request they shall be allowed to be smaller lot sizes than code requires for a CO zone lots (15,000 sf) and A zone lots (40,000 sf). The lot sizes will be 14,300+/- sf, 9227+/- sf, and 15,460+/-sf respectively. 4. Lots 1, 12 and 17 do not meet setbacks since they are not Townhome Lots. A waiver is requested that they have 0’ internal setbacks, similar to the Townhome Lots. Exterior setbacks shall remain as shown on the original PUD. These buildings are not Townhome buildings therefore a waiver is needed Purpose of newly requested waivers 5. Parking spaces for many of the lots are not on the lot themselves. A waiver is requested to provide parking spaces on-site, but not on the individual lots. Spaces not in a garage or in front of a garage are not assigned to any particular units and are available on a first come-first serve basis. The overall site meets the required parking counts. Townhomes are zero lot line, therefore the lot does not include the parking space in the street 3. “Warehousing and Storage – Limited” in the lower level of Lot 12’s building will be allowed to residents and businesses of Fall River Village Townhomes and Lot 8, Fall Page 3 of 5 River Village Final P.U.D. on an availability basis as regulated by the owners of Lot 12. There was existing property management storage space in the basement Purpose of requested Waiver 7. The PUD requests a waiver to the requirement for a loading space. The “Offices”, “Government Offices”, “Day Care” and “Event Center” require either a Type A loading space or a parking study to determine if one is needed. The size and needs of the building/uses do not warrant any large trucks servicing the property. Typical delivery vans will likely be the only vehicles to service the property and they can utilize a parking space for the short duration they will be on-site. A loading dock waiver was awarded in the previous PUD Purpose of newly requested waivers 6. Estes Park Development Code Chapter 10.5.H.7.d requires building envelopes for each lot. A waiver is requested to not show building envelopes. This project is built out and the existing lot coverage for every lot meets the requirement. In the case of any building permit application in the future, a site plan will be required that can address the 80% lot coverage requirement. Building envelopes make it difficult to be flexible with future building improvements. A building envelope was placed on the west side of Lot 13 to keep any improvements in the Outlot spa area from being too close to the unit on Lot 13. This is due to the buildings existing Comparison to Existing PUD Category Existing PUD Proposed PUD # of Waivers 7 7 Purpose of Waivers To allow a development for visitors & tourism To preserve workforce housing at below market rents Most Impactful Waivers Waiver for 8’ exception above max height for Skyview Change of lot minimum due to change of PUD to “Townhome Plat” Most Impactful Waivers Waiver to allow Skyview to be larger than 1,000 sq.ft. (max allowed as accessory building) Use waivers to allow for planned uses such as Daycare Most Impactful Waivers Density waiver for 6 more units than allowed Loading Dock (Also an existing waiver) Parking: Waiver for location, not # of parking spots Total Off Street Spaces Required & Provided Required Parking Spots 80 Garage Spaces 16 Spaces in Front of Garage 12 On Site Off-Street Parking 52 Total Parking Spaces Provided 80 Staff & Planning Commission Recommendations 1.Town Staff found zero disadvantages in amending the PUD 2.Planning Commission voted 3-0 to recommend to approve Conclusion & Property Goals To provide workforce housing at below market rent ◦Rental Rates currently range from 60%-80% Area Median Income (AMI) ◦Current Tenant AMI Median: 62.14%, Mean: 69.55% To ensure the property sufficiently supports itself ◦Revenues – operating expenses – debt payment >$0 Supplemental Slides Project Background 1.Colorado Housing & Finance Authority (CHFA) was originally engaged to purchase the property as part of the sale of the Stanley Hotel to the state 2.CHFA decided not to purchase the property as it falls outside of their business model 3.EPHA became involved with seller & CHFA regarding a potential purchase 4.EPHA purchased the property in October 2024 and began operating as workforce housing in early 2025 Funding Structure Sales Price: $35M Prop 123 Equity Funds from State of CO: $7M Current Loan Balance: ~$29M ◦Tax exempt bonds @ 4.8% interest rate Debt Service Reserve Fund: $2.5M Operating Reserve: $450k -Workforce Regulatory Linkage Fee was pledged to this project for 7 years ◦2 Years of previous accumulation + 5 years in the future -6-E Funds and Workforce Linkage Fees are initial backstops -Moral obligation from Town of EP to fund the debt service reserve if a shortfall falls below the required threshold Skyview & Cliff House Cliff House ◦Exploring options of Childcare facility in partnership with Town ◦Added language in PUD to allow home based childcare center Skyview ◦1st floor of Skyview intended to be used for EPHA office ◦Added Language in PUD limits capacity of Skyview as event space ◦Added Language in PUD limits the operating hours of Skyview Sales Strategy Received 2 Broker Opinion of Values in March 2026 for the buildings on the upper parcel Both valuations came within 1% of one another Received on local valuation and one national commercial brokerage valuation Target is to sell 12-14 townhome units to right size the debt ◦This is a goal & what current broker opinion of value suggest Larimer County AMI Levels HOA CRS 38-33.3-303(5)(a)(I) the Declaration can provide for a period of declarant control of the Board and officers. We can make the period 20 or 30 years but the Declarant Control must terminate 60 days after conveyance of 75% of the Units or two years after the last conveyance of a Unit by the Declarant in the ordinary course of business. ◦24 Units EPHA plans to retain ◦9 1-bed ◦1 4-bed ◦Skyview ◦42% if Cliff House is kept ◦33% if Cliff House is sold & 1 bed bldg. is kept PUD – Exterior Lighting & Landscaping We are currently planning to replace the exterior lighting in a programmatic fashion utilizing grants from groups like efficiency works and other supportive energy efficient or dark sky organizations. We will commit to a 3-year plan. New light fixtures will be installed prior to any closing of a sale of a unit We will commit to installing the 2 trees & 6 shrubs as a buffer along Far View Drive that are shown on the current approved PUD document in the next planting season PUD – Trail Connection This parcel has robust access to the existing trail network in Estes Park to the south via 2 staircases that connects with the Fall River Trail at Performance Park and allows quick access into town. The PUD that is under review today does not include any construction – it focuses upon lot line adjustments and changing uses to allow rental housing & childcare. The code states in 7.4.C that this is to the “Maximum extent feasible, where significant natural and scenic resource assets exist on a property, the Applicant shall give priority to their preservation through trail dedication or as private open areas” This is met by the 2 staircases that connect to the Fall River Trail The current PUD, which was amended in 2018 was approved without requiring a trail along Far View Drive to the north. Previous Town Board determined that this off property sidewalk to the north was not a requirement for a private for profit commercial enterprise. We ask that the Town Board does not impose additional requirements for workforce housing PUD & Subdivision Package 3.4 - Planned Unit Developments SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION A. Applicability.Planned Unit Developments may be approved in any zoning district in which this Code expressly permits such projects (See Chapter 9), subject to the standards set forth in this Code and the approval procedures set forth in this Section. B. Consolidation with Subdivision Approval.Where applicable, the Applicant may consolidate an application for Preliminary PUD Plan approval with an application for preliminary subdivision plan approval, and may consolidate an application for Final PUD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the planned unit development requirements of this Code and the provisions, including submittal requirements, governing subdivisions. (Ord. 17-24, §1(Exh. A)) Public Comment Received 8/24/2026 Board of Trustees Public Comment Name: Frank Theis Public Comment: If you want to prevent problems with events happening at Fall River Village in the future, approve the plans with a condition that there can be no weddings or wedding receptions held at Sky View. In my experience running a resort, 90% of the events that generated complaints were wedding receptions. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Town Clerk <townclerk@estes.org> Written Public Comment – Fall River Village II PUD / Subdivision – August 25 Town Board Meeting 2 messages Paul Pewterbaugh <paulpewter@gmail.com>Mon, Aug 24, 2026 at 3:33 PM To: Town Clerk <townclerk@estes.org> Dear Town Clerk, Please accept the attached materials as my written public comment for the August 25, 2026 Town Board meeting regarding the Fall River Village II PUD and related subdivision applications. Attached are: 1.Letter to the Mayor and Board of Trustees – Fall River Village II 2.Preliminary Financial & Economic Impact – Upper Fall River Village / SkyView I respectfully request that both documents be included in the public record and distributed to the Mayor and Trustees as part of the materials for consideration before the Fall River Village II hearing and vote. The purpose of my submission is not to ask the Board to determine the merits of an acquisition transaction. Rather, I am asking the Board to consider whether a short continuation is appropriate before taking an irreversible land-use action, so that the material financial, economic, asset- value and workforce-housing implications of the available alternatives can be more fully evaluated. Please confirm receipt and let me know if anything further is required for these materials to be included in the record for tomorrow evening’s meeting. Thank you, Paul Pewterbaugh Managing Member, Crescendo Development, LLC Former Developer and Operator, Fall River Village Resort & SkyView Events Center -- Paul Pewterbaugh, cell - 303 524 4643 * This email may contain confidential and privileged information intended for the sole use of the recipient. Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. 2 attachments FRV Preliminary Financial Impact Summary 8-26.pdf 226K FRV_Town_Board_Letter_Aug_24_2026 signed.pdf 291K Town Clerk <TownClerk@estes.org>Mon, Aug 24, 2026 at 3:37 PM To: Paul Pewterbaugh <paulpewter@gmail.com> Public Comment Received 2026-08-24 Good afternoon, Your comment has been received. Thank you, Town Clerk's Office 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4777 (p) 970-577-4770 (f ) townclerk@estes.org [Quoted text hidden] FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 1 TO: Mayor Gary Hall and Members of the Estes Park Board of Trustees FROM: Paul Pewterbaugh, Managing Director, Crescendo Development, LLC DATE: August 24, 2026 RE: Fall River Village II — Request for a Short Continuation Before an Irreversible Decision on Upper FRV, the Board Should Have the Complete Financial Picture Dear Mayor Hall and Trustees: On August 25, the Board is being asked to take an action that could permanently change Upper Fall River Village and SkyView. I respectfully ask the Board to continue the matter to allow time to more fully understand the true financial and community impact of existing alternatives, before authorizing an ownership structure that may be impossible to reverse. As the Board may be aware, I (through my company Crescendo Development, LLC) made an offer to purchase Upper FRV and Skyview from the EPHA earlier this year. It is also important to understand that my offer wasn’t initiated by me “coming back for more,” as it has sometimes been portrayed. I became involved after several prominent members of the community approached me and encouraged me to consider an acquisition because they had serious concerns about the proposed future of Skyview and Fall River Village. Even though the Town has material financial exposure on FRV, I recognize and respect that EPHA owns Fall River Village and has legal responsibility for its assets, debts and housing mission. I also know that the decision you face isn’t directly about my offer – and I am not asking the Town Board to substitute its judgment for EPHA’s on a real-estate transaction. But the Town is being asked to approve land-use actions that may make one very positive economic alternative impossible. The prudent question is whether an irreversible approval should occur before the available alternatives have been fully compared. 1. EPHA itself says the current financing does not work. EPHA states in its PUD Statement of Intent: “Currently, the project has too large of a debt payment to be self- sufficient with the rental rates that we have agreed to charge.” EPHA says townhome-sale proceeds are needed to reduce the debt and warns that failure to execute its plan could lead to sale or foreclosure. That is not merely a rent problem. It reflects a structural mismatch. The project is carrying debt associated with a valuable, purpose-built event venue that is no longer being operated in its highest and best use as a meaningful revenue-producing asset. SkyView is a multi-million-dollar property and a material component of the resort’s overall value. If it is used principally as office/storage space and produces little or no operating revenue, the remaining rental units must effectively carry that debt burden as well as their own. As long as that mismatch remains, the present structure cannot reasonably be expected to become self-sustaining at workforce-housing rents. Selling individual townhomes may reduce debt, but it does so by liquidating productive assets, creating a fragmented mixed-ownership neighborhood, and leaves SkyView economically underutilized. Before approving that path, the Board should compare it with an integrated transaction that monetizes the property as a FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 2 functioning lodging/event enterprise, materially reduces debt, and leaves approximately 65 workforce-housing units with a substantially more viable capital structure. 2. The record says “no disadvantages” and little financial impact — without a complete financial comparison. Town staff states that “no disadvantages have been identified” and that the subdivision will have “little [to] no impact on Town finances or resources.” This conclusion appears incomplete. The attached Preliminary Financial & Economic Impact summary shows in detail why those conclusions deserve another look. The record does not appear to quantify: • local lodging and sales-tax generation tied to Upper FRV, SkyView and destination-wedding lodging; • millions of dollars of annual spending at local restaurants, bars, shops, lodging properties and service businesses by Upper FRV and Skyview guests; • SkyView’s value as a purpose-built destination venue versus office/storage use; or • the financial effect on the remaining workforce-housing units of a materially improved integrated sale. 3. The practical point of no return is the first individual sale Whether “event use” remains technically permitted at SkyView is not the real issue. Zoning permission is not the same thing as operating viability. Under integrated ownership, lodging and events can be managed as one operation with aligned economic interests. Once residences are sold separately, owners receive none of SkyView’s event revenue while experiencing parking, traffic, activity and perceived event impacts. The incentives diverge, and future HOA restrictions, complaints and operating limitations become far more likely. After multiple individual unit sales, recreating the integrated model may become economically and practically impossible. 4. Concern about SkyView impact on WFH should be answered with the actual operating record. Questions have been raised in the public process about whether a meaningful SkyView event operation can coexist with people staying or living below it. That question deserves a clear answer: yes. We already proved that it can. Protecting our premium-rate lodging guests was one of our highest priorities when SkyView was built. We deliberately managed event hours, amplified sound, doors and decks, parking, guest movement and on-site operations around that objective. For years, SkyView and Fall River Village operated successfully at the same time with very few complaints. This is not a theoretical compatibility argument; it is the property’s actual operating history. The same operating discipline that successfully protected high-paying lodging guests can be applied to workforce-housing residents. A responsible, experienced operator with a proven understanding of the property is an important part of making that coexistence work. 5. A materially improved integrated alternative remains available. Crescendo is prepared to re-engage immediately with EPHA regarding a materially improved acquisition proposal for Upper Fall River Village and SkyView. It offers one simple, integrated transaction with a known buyer, a proven FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 3 Town partner, and an experienced successful operator who has already developed and successfully operated these exact assets. Such a transaction could turn the current FRV situation into a genuine win-win situation. The lower 65 workforce- housing units become very financially viable, and their cost basis reduced to well below their original market value. Prominent and luxury mountain-view tourism assets/draws would be preserved, significant tax and local business revenue would be recovered, and the EPHA would have substantial additional financial resources to pursue a greater number of other more suitable and viable workforce-housing units. The Board does not need to decide that this alternative is superior. It only needs to recognize that approving an irreversible subdivision before the alternative is evaluated could permanently eliminate an option capable of producing greater overall public benefit. REQUESTED ACTION Continue the pending Fall River Village matter so that the material financial, economic, asset-value and workforce-housing consequences of the alternatives can be further evaluated before any irreversible disposition occurs, and to allow sufficient time for EPHA to re-engage with Crescendo. A continuation preserves every option available today. Approval begins eliminating them. There is little downside to answering these questions before acting. There may be enormous downside to answering them only after the property has been permanently fragmented. Respectfully submitted, Paul Pewterbaugh Managing Member, Crescendo Development, LLC Former Developer and Operator, Fall River Village Resort & SkyView Events Center Former Board Member and Treasurer, Estes Park Economic Development Corporation Former Member, Estes Park Workforce Housing Committee Source references: EPHA Subdivision & PUD Statement of Intent (June 30, 2025); Town staff report for Resolution 89-26 (July 28, 2026). FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 4 PRELIMINARY FINANCIAL & ECONOMIC IMPACT Upper Fall River Village / SkyView Potential consequences that should be quantified before an irreversible subdivision decision The Estes Park Housing Authority acknowledges in its own PUD Statement of Intent: “Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge.” The proposed subdivision is intended to address that financial problem through individual townhome sales. But the record does not appear to contain a comparable analysis of the financial, economic and asset-value consequences of that strategy - or of an available integrated-sale alternative. Town staff concluded that the subdivision would have “little to no impact on Town finances or resources” and identified “no disadvantages.” This conclusion is inconstant with the impact outlined below: The estimated financial impact, as included, is clearly very substantial. This and the loss of key tourism assets, which are the lifeblood of the local economy, are definite disadvantages for the community. The estimates below are based on a known, trusted, operator recovering lodging and event operations in partnership with the HA and Town of EP. ESTIMATED RECURRING ANNUAL IMPACT Potential Impact Est. Annual Amount Estes Park-specific tax generation associated with just FRV lodging, and wedding activity ≈ $500,000 / year FRV Guest spending at local restaurants, bars, retail, activities and other local businesses by Upper FRV guests (no F&B @FRV) ≈ $1.8 million / year FRV wedding-related spending with local economy — catering, alcohol, photography, florists, transportation, rentals, etc. ≈ $1.56 million / year Additional Estes Park lodging revenue (other than at FRV) generated by SkyView destination weddings ≈ $1.5 million / year Annual Total third-party/local business economic activity ≈ $4.8–$5.0 million / year PLUS: Substantial direct lodging and event revenue generated by Upper Fall River Village and SkyView themselves. Preliminary illustrative analysis prepared for discussion purposes. Estimates are based on reasonable operating, occupancy, visitor- spending and destination-wedding assumptions and are not a formal economic-impact study. State and Larimer County tax revenues are excluded from the approximately $500,000 local-tax estimate. FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 5 POTENTIAL ASSET-VALUE IMPAIRMENT SkyView was purpose-built as a destination wedding and event venue. Its architecture, location, rooftop decks, views and relationship with surrounding lodging support that use. It became highly regarded as one of the top new wedding venues in the state, winning the Knot’s “Best of Weddings” award 5 times, and has become an iconic Estes Park building. Conversion principally to governmental office/storage would materially impair its highest-and-best-use and going-concern value. Similarly, using luxury, high-end, mountain view units as long-term workforce housing, and creating a mixed- ownership structure neighborhood of rental units and individually owned units, will significantly reduce the individual value of those units relative to a cohesive lodging/event enterprise. Estimated Potential value impairment: $3-5 million dollars. No independent highest-and-best-use appraisal or comparative valuation appears to have been presented to the Board. A MATERIALLY DIFFERENT FINANCIAL ALTERNATIVE MAY BE AVAILABLE Crescendo Development has already presented an integrated acquisition proposal and is prepared to re-engage with the EPHA to substantially improve its offer. Subject to structure, terms and serious direct negotiations, a much higher transaction price is possible. Such a transaction could provide: • One simple transaction rather than numerous individual dispositions • A known buyer, proven Town partner and experienced successful operator of these exact assets • Substantial immediate debt reduction = lower units become financially viable • Approximately 65 workforce-housing units preserved • A dramatically improved cost basis for the remaining lower units to well below market value • SkyView preserved as a popular destination tourism asset • Upper Fall River Village preserved as productive lodging • Millions in recurring local economic activity preserved • Substantial recurring local tax-generation potential preserved FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 4 PRELIMINARY FINANCIAL & ECONOMIC IMPACT Upper Fall River Village / SkyView Potential consequences that should be quantified before an irreversible subdivision decision The Estes Park Housing Authority acknowledges in its own PUD Statement of Intent: “Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge.” The proposed subdivision is intended to address that financial problem through individual townhome sales. But the record does not appear to contain a comparable analysis of the financial, economic and asset-value consequences of that strategy - or of an available integrated-sale alternative. Town staff concluded that the subdivision would have “little to no impact on Town finances or resources” and identified “no disadvantages.” This conclusion is inconstant with the impact outlined below: The estimated financial impact, as included, is clearly very substantial. This and the loss of key tourism assets, which are the lifeblood of the local economy, are definite disadvantages for the community. The estimates below are based on a known, trusted, operator recovering lodging and event operations in partnership with the HA and Town of EP. ESTIMATED RECURRING ANNUAL IMPACT Potential Impact Est. Annual Amount Estes Park-specific tax generation associated with just FRV lodging, and wedding activity ≈ $500,000 / year FRV Guest spending at local restaurants, bars, retail, activities and other local businesses by Upper FRV guests (no F&B @FRV) ≈ $1.8 million / year FRV wedding-related spending with local economy — catering, alcohol, photography, florists, transportation, rentals, etc. ≈ $1.56 million / year Additional Estes Park lodging revenue (other than at FRV) generated by SkyView destination weddings ≈ $1.5 million / year Annual Total third-party/local business economic activity ≈ $4.8–$5.0 million / year PLUS: Substantial direct lodging and event revenue generated by Upper Fall River Village and SkyView themselves. Preliminary illustrative analysis prepared for discussion purposes. Estimates are based on reasonable operating, occupancy, visitor- spending and destination-wedding assumptions and are not a formal economic-impact study. State and Larimer County tax revenues are excluded from the approximately $500,000 local-tax estimate. FALL RIVER VILLAGE II Paul Pewterbaugh | August 24, 2026 | 5 POTENTIAL ASSET-VALUE IMPAIRMENT SkyView was purpose-built as a destination wedding and event venue. Its architecture, location, rooftop decks, views and relationship with surrounding lodging support that use. It became highly regarded as one of the top new wedding venues in the state, winning the Knot’s “Best of Weddings” award 5 times, and has become an iconic Estes Park building. Conversion principally to governmental office/storage would materially impair its highest-and-best-use and going-concern value. Similarly, using luxury, high-end, mountain view units as long-term workforce housing, and creating a mixed- ownership structure neighborhood of rental units and individually owned units, will significantly reduce the individual value of those units relative to a cohesive lodging/event enterprise. Estimated Potential value impairment: $3-5 million dollars. No independent highest-and-best-use appraisal or comparative valuation appears to have been presented to the Board. A MATERIALLY DIFFERENT FINANCIAL ALTERNATIVE MAY BE AVAILABLE Crescendo Development has already presented an integrated acquisition proposal and is prepared to re-engage with the EPHA to substantially improve its offer. Subject to structure, terms and serious direct negotiations, a much higher transaction price is possible. Such a transaction could provide: •One simple transaction rather than numerous individual dispositions •A known buyer, proven Town partner and experienced successful operator of these exact assets •Substantial immediate debt reduction = lower units become financially viable •Approximately 65 workforce-housing units preserved •A dramatically improved cost basis for the remaining lower units to well below market value •SkyView preserved as a popular destination tourism asset •Upper Fall River Village preserved as productive lodging •Millions in recurring local economic activity preserved •Substantial recurring local tax-generation potential preserved PUBLIC COMMENT from Kristine L. Poppitz Estes Park, CO RE: FALL RIVER VILLAGE II PUD I have 3 questions: 1. IF EPHA was able to sell the individually platted Fall River Village into unrestricted private ownership, what provision of the Estes Park Municipal Code could allow those newly privately owned residential dwelling units to obtain new vacation-home licenses outside of the 322-license cap, and would that exemption be based solely upon their underlying CO zoning despite their possible, if the PUD is approved, actual use and subdivision as individually owned townhomes? 2. If the answer is yes, why could/would the Town approve a PUD creating individually owned townhome lots with "the potential to STR// while retaining CO zoning, rather than requiring those residential townhome lots to be placed in an appropriate residential zoning district subject to the same STR cap and waitlist applicable to other residential property owners? 3. IF the PUD is approved, would purchasers of the Fall River Village townhomes be required to pay the vacation-home workforce housing regulatory linkage fee before receiving an STR license? If the Town believes any purchaser qualifies for the CO zoning exemption in Municipal Code §5.20.120(c), please explain how that purchasers) would satisfy the statutory requirement that the property "has not been used for purposes of household living since becoming a vacation home/" given the Town's own staff report states that EPHA has leased these units to workforce residents since its 2024 acquisition? Thank you. Public Comment Received at Meeting 2026-08-25 PUBLIC COMMENT from Kristine L Poppitz Estes Park, CO RE: Fall River Village PUD EPHA proposes selling approximately 12 to 14 of the upper Fall River Village units at market value to reduce its substantial project debt. More importantly, EPHA's own meeting packet materials identify permitted short-term-rental use as a means of maximizing the value of those sales. So I respectfully ask: Where is the analysis demonstrating that this particular PUD provides "...public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards../' as required by the Development Code §3.4.D.6? Has EPHA provided the Town Board with a comparison showing: • What these units are worth when sold unrestricted with STR potential; • what they would be worth with an owner-occupancy requirement; • what they would be worth with an STR prohibition; • what they would be worth if sold as attainable or workforce ownership? OR • what they would be worth as accommodations? If those alternatives were never analyzed, how can this Board make the required finding that the proposed PUD provides public benefits "to a greater extent" than what otherwise could have been accomplished? Public Comment Received at Meeting 2026-08-25 There is also a broader public-policy issue. Public resources have been committed to Fall River Village to create and preserve workforce housing, yet, existing workforce units may now be removed from that inventory and sold privately, with STR eligibility helping maximize their sales price, so that EPHA can pay down its debt. That may improve EPHA's financial position... But, financial benefit to EPHA is not the same thing as greater public benefit to the community. The Board should know the net result. ® How many permanently protected workforce units does Estes Park ultimately receive? • How many workforce units are being lost? • How much public money has been invested? • How much debt will these sales eliminate? • And how much additional money does STR eligibility actually generate compared with selling these units with restrictions? Until those questions are answered with actual numbers, I do not understand how this Board has sufficient evidence to make the finding required by Section 3.4.D.6. Please make the finding the Code actually requires: How does this particular PUD provide a public benefit "to a greater extent than could have been accomplished" under the alternatives? Thank you! PUBLIC COMMENT From Kristine L Poppitz Estes Park, CO RE: FALL RIVER VILLAGE II PUD Questions Based Upon the August 25, 2026 Town Board Packet and Public Record Submitted for inclusion in the public record. My questions and comments concern whether this particular application satisfies the applicable Estes Park Development Code requirements and whether the Town Board has sufficient information in the record to make the required findings. The following questions, comments are based primarily upon statements contained in tonight's Town Board packet and prior public proceedings. 1. SUBDIVISION REVIEW PROCESS Staff Report: "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded/' The Staff Report further explains that the Planning Commission reviews the preliminary plat and makes a recommendation to the Town Board, while the final plat is reviewed by the Town Board only. Questions: • Why are the Major PUD, Preliminary Subdivision Plat and Final Subdivision Plat ail being considered during the same Town Board meeting? • What purpose does the required two-stage subdivision process serve if both stages can be considered and approved during the same meeting? • What opportunity exists to address conditions or issues identified during preliminary approval before the Board considers final approval? Public Comment Received at Meeting 2026-08-25 2. PUD - PUBLIC BENEFIT - EPDC §3.4.D.6 The Development Code requires a PUD to provide public benefits advantageous to the surrounding neighborhood or general public "to a greater extent than could have been accomplished" through strict application of the otherwise applicable standards. Staff Report — Disadvantages: "Since the application complies with relevant review criteria, no disadvantages have been identified." Applicant's proposed uses include: • Townhome ownership with the potential to STR • Free storage for workforce-housing tenants • Office space • Daycare • Event space Questions: • What evidence demonstrates that this particular PUD provides the required public benefit "to a greater extent than could have been accomplished" otherwise? • In determining that there are "no disadvantages," was the potential loss of approximately 12-14 existing workforce-occupied units through market-rate sales considered? • Was the potential conversion of those privately sold units to STR use considered? • Has EPHA compared the financial return from unrestricted STR-capable sales with sales subject to an STR prohibition, primary-residence requirement, or attainable/workforce ownership restriction? • If not, how can the Board determine that unrestricted sales with STR potential provide the greater public benefit required under §3.4.D.6? 3. ORDINANCE 11-25 / SITE-SPECIRC DEVELOPMENT PLAN At the August 11, 2026 Town Board meeting, Trustee Igel questioned Ordinance 11-25 and this PUD. Town Attorney Kramer responded: "That would be a matter of interpretation." When Trustee Iget asked whose interpretation. Town Attorney Kramer responded: "The Town Board's ultimately." EPDC §3.10.8.1 identifies, among other approvals, a Final PUD Plan and Final Subdivision Plat as Site-Specific Development Plans. The Staff relies upon C.R.S. §24-68-102.5 for the position that regulations in effect when the applicable SSDP application was submitted govern the application. Questions: • What is the Town Board's ultimate interpretation? • What specific application does the Town consider the SSDP application protected under C.R.S. §24-68-102.5? • What is its official submission date? • What is its completeness date? • Were material revisions made after Ordinance 11-25 became effective? • Because the Final Subdivision Plat is separately identified by Estes Park as an SSDP, what is the application date for that Final Subdivision Plat? • Because Staff describes the subdivision. Preliminary and Final Plats, and PUD as separate applications, does each require its own analysis under §24-68-102.5? Before determining that voter-approved Ordinance 11-25 cannot apply, I respectfully request that the legal and factual basis for that determination be clearly established in tonight's record. 4. SIDEWALKS, PEDESTRIAN CONNECTIONS AND ADA ACCESS Applicant: "The project has a sufficient sidewalk and trail network." The Applicant also references two staircases connecting the upper and lower Fall River Village properties and states that the project has strong walkability to Town Center and surrounding amenities. Questions: 9 Where is the accessible ADA-compliant pedestrian connection corresponding to the routes being described as providing sufficient pedestrian connectivity? » Do staircases alone constitute sufficient pedestrian connectivity for individuals who cannot use stairs? • Has Staff evaluated a continuous accessible pedestrian connection from the development toward Far View and Wonderview Avenue? • If the PUD is approved, the Board may condition approval upon construction of—or a substantial contribution toward—a continuous safe and accessible sidewalk/pedestrian connection from the Far View area to Wonderview. NOTE: Trail connection "...was previously not required for a private, for-profit commercial enterprise..." which is not the EPHA. If Estes Park wants long-term pedestrian connectivity, opportunities to connect missing segments should be evaluated when significant development applications come before the Town. 5. OPEN SPACE/TRAILS The Applicant states: "With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village." Questions: ® What portion of this constitutes a new public benefits attributable to the amended PUD versus improvements or open space already associated with the existing Fall River Village PUD? • Are these pedestrian connections available to the general public, or primarily to Fall River Village residents and users? This distinction appears relevant to determining the extent of the public benefits under §3.4.D.6. 6. LOT STAKING Applicant — §10.3 Review Procedures: "For purposes of Staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the field/' Question: • What Development Code provision or administrative authority allowed the staking requirement to be waived for this PUD, and what was the basis for that decision? 7. EVENT SPACE / DAYCARE The Applicant states that repurposing SkyView means it "will no longer be able to operate as a large wedding venue," which is identified as a benefit to surrounding residents. Yet the proposed uses continue to include "Event Space." Questions: • What events will remain permitted? • What prevents the space from returning to large weddings or similarly intensive events in the future? • Is the claimed reduction in wedding/event impacts enforceable through the PUD, deed restriction, condition of approval or another legally binding restriction? • If this reduction is being counted as a public benefit, shouldn't it be enforceable rather than dependent upon the current owner's intentions? The Applicant also identifies daycare as a community benefit. • After approximately two years of EPHA ownership, is an onsite daycare currently operating? <• If not, is daycare actually committed as part of this PUD or merely an allowable future use? ® Should an uncommitted potential future use be counted toward the required PUD public benefits? 8. FINANCIAL CONSEQUENCES / PUBLIC RESOURCES Staff Report — Finance/Resource Impact: "The subdivision will have little [sic] no impact on Town finances or resources/' EPHA's presentation states: "The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement." Additionally, at the August 19, 2026 EPHA Board meeting, Executive Director Moulton stated that if the new Fall River Village PUD is not approved, 6E funds for approximately the next six years could be directed toward reducing Fall River Village debt. Questions: • How does Staff reconcile "little to no impact on Town finances or resources" with the potential commitment of substantial future 6E housing revenues to Fall River Village debt? • If six (6) years of future 6E funding could be redirected toward Fall River Village debt, what effect would that have on other EPHA projects and other community housing priorities? • Conversely, if the PUD is approved and approximately 12-14 units are sold to reduce debt, what measurable long-term benefits does the public receive? Thank you. 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: Paul Hornbeck, Senior Planner Department: Community Development Date: August 25, 2026 Subject: Resolution 88-26 Fall River Village II Preliminary Plat, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Preliminary Subdivision Plat and approve or deny the application. Present Situation: At the July 28, 2026 meeting Town Board continued this item to the next regularly scheduled meeting (August 11, 2026). The applicant subsequently submitted a written request to continue the item to the August 25, 2026 meeting due to a scheduling conflict. The subject property is approximately 3.8 acres in size and contains 24 units and an event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below- market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. Proposal: The 24 existing units and event facility are proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. Per Review Procedures and Standards of the Code, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Code section 3.2 requires the Planning Commission to review the preliminary plat and make a recommendation to the Town Board, who is the final decision-making body. The final plat is reviewed by the Town Board only. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. In accordance with Code section 3.9.E “Standards for Review”, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of the Code. 1. Lots. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) Zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 2. Setbacks. Subdividing the current single lot in multiple lots will result in different building setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 3. Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. 4. Relationship to Comprehensive Plan. As an existing development, subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. 5. Geologic and Wildfire Hazard Areas. The property is outside all mapped geologic hazard areas but lies partially within a mapped high-tree wildfire hazard area. As an existing development, no additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 6. Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. The Water Division supports the application based on modifications made by the applicant to address concerns about shared water service lines, which are typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line, which runs through Lot 14 to serve Lot 13. To address these concerns, the applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. The draft covenants, conditions, and restrictions (Attachment #7) establish these easements and related access requirements and address installation of the submeter. 7. Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. 8. Improvements. No new public improvements are necessary to serve the development. 9. Compliance with Zoning Development Standards. The Code requires the layout of lots, driveways, utilities, drainage facilities be designed in a manner that minimizes the land disturbance, maximizes the amount of open space in the development, and preserves existing trees/vegetation and wildlife habitat. Since no new development is proposed, this section is not applicable. 10. Limits of Disturbance. The Code requires that limits of disturbance (LOD) be established with the subdivision of land. Since no new development is proposed, this section is not applicable. 11. Streets. As an existing development, no new street improvements are warranted. 12. Sidewalks, Pedestrian Connections and Trails. An existing sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Public Works has determined no additional sidewalks or connections are required. 13. Wildlife Habitat Protection. With no new development proposed, wildlife habitat protection is not applicable. 14. Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. The applicant’s architect has provided a building code analysis, which concludes various improvements are required make the buildings conforming with the building code upon the subdivision. The Town’s Building Division has reviewed the code analysis and agrees with the findings, which include: a. Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. b. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. To address these life-safety items staff recommends, and the applicant has agreed to, a condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. EPDC requires the subdivision plat be recorded within 180 days of Town Board approval. Disadvantages: Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended: At their May 19, 2026 meeting Planning Commission forwarded to Town Board a recommendation to approve the preliminary plat, subject to the following findings and conditions of approval: Findings: 1. The Planning Commission is the recommending body for the preliminary plat. 2. The Town of Estes Park Board of Trustees is the decision-making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3. Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5. The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1. All recommendations identified in the building code analysis (Attachment #5) shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact: The subdivision will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest. Two public comments have been received. One comment requested additional landscaping along Far View Drive and that non-compliant outdoor lighting be addressed. The other comment appears to have mistaken this application for the Fish Hatchery project. A neighborhood meeting was held by the applicant on May 8, 2025 with approximately 10 attendees. A meeting summary was enclosed with the PUD application. In accordance with the notice requirements in the Code, notice of the July 28th hearing was published in the Estes Park Trail-Gazette, on July 10, 2026. Notice was mailed to all required adjacent property owners on July 10, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move for the approval/denial of Resolution 88-26. Attachments: 1. Resolution 2. Application 3. Statement of Intent 4. Preliminary Plat 5. Building Code Analysis 6. Draft Street Maintenance and Use Agreement 7. Draft Covenants, Conditions, And Restrictions RESOLUTION 88-26 A RESOLUTION APPROVING THE FALL RIVER VILLAGE II PRELMINARY PLAT WHEREAS, an application for the Fall River Village II Preliminary Plat was filed by Estes Park Housing Authority (Applicant); and WHEREAS, the Fall River Village II Preliminary Plat proposes subdivision of a 3.8 acre property to create seventeen (17) lots and one (1) outlot on land located in a CO (Outlying Commercial) Zoning District with a Planned Unit Development (PUD) zoning overlay; and WHEREAS, a public meeting was held before the Estes Park Panning Commission on May 19, 2026, at the conclusion of which the Planning Commission voted to recommend approval of the preliminary subdivision plat with the following findings and conditions: Findings: 1.The Planning Commission is the recommending body for the preliminary plat. 2.The Town of Estes Park Board of Trustees is the decision-making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3.Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4.This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5.The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1.All recommendations identified in the building code analysis shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. WHEREAS, a public hearing was scheduled before the Estes Park Board of Trustees on July 28, 2026 and continued to August 11, 2026 at which time it was continued to the August 25, 2026; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on August 25, 2026 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Fall River Village II Preliminary Plat is hereby approved, subject to the following condition: Attachment 1 1. All recommendations identified in the building code analysis dated February 2, 2026 shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. DATED this 25th day of August, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ESTES PARK PLANNING DEPARTMENT APPLICATION PLEASE CHECK ONLY ONE BOX ISubmittal Date: 7/30/2025 Type of Application 10 Pre-App ("^ Development Plan 0 Special Review Preliminary Subdivision Plat Q Final Subdivision Plat Q Minor Subdivision Plat 0 Amended Plat General Information IProjectName Fall River Village Subdivide the existing buildings on the parcel, then sell to support belov/ market rents across both parcels IProject Address 775 Riverside Drive ESTES PARK, CO 80517 Lot1,FaHRiyefVillageHReiub<iivisionof Lots 1.7 and oullot A, Fall River Village P.U.D and Lot 5A of ^Amended plat of lot 5 Sunny Acres Addition |ParcellD# 3525271001 Site Information 0 Boundary Line Adjustment 0 ROVV or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request Extension Other: Please specifv_ Condominium Map Q Preliminary Map Final Q Map Supplemental 0 Map C") Variance Request (Board of Adjustment)] Lot Size -3.75 Acres Area of Disturbance in Acres -3.75 Acres CO Treated as A - Prv owner used it as STR and a wedding venueExisting Land Use Proposed Land Use co Treated as A - Individually owned units, 1 MF building, childcare, office, reduced event space Existing Water Service Proposed Water Service lown L^J Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service 1/1 Xcel Existing Zoning CO treated as A Well D None D Other (specify) Well D None D Other (specify) D EPSD [7\ UTSD D EPSD Ld UTSD Yes Ld No Other I_I None Proposed Zoning CO treated as A Septic D Septic None Site Access (if not on public street) Are there wetlands on the site?D Yes E No Site staking must be completed as required/requested by the Planner.Yes No Primary Contact Information Name of Primary Contact Person Peter Levine Complete Mailing Address Primary Contact Person is 1/1 Owner Attachments 363 E Elkhorn Ave #101, Estes Park, CO 80517 Applicant II Consultant/Engineer Application fee Statement of intent 1 copy (folded) of plat or plan 11"X17"copy of plat or plan Digital Copies of plats/plans in PDF format emailed to planning@estes.org Sign Purchase ($10) [Please review the Estes Park Development Code Appendix B for additional submittal requirements, which |may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, |wildfire hazard mitigation report, wetlands report, and/or other additional information. TownofEstes Park ^> P.O. Box 1200^, 170 MacGregor Avenue ^ Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 •<?. Fax: (970) 586-0249 ^ www.estes.org/CommunityDevelopment Revised 2024-03-11 ks Attachment 2 Contact Information Record Owner(s) FALL RIVER VILLAGE ESTES LLC Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email plevine@estes.org Applicant Peter Levine Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email P^evine@estes.org |Consultant/EngineerVan Horn Engineering Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517 Phone 970-586-9388 Cell Phone Fax Email JOE@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or 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. 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: Record Owner PLEASE PRINT: Fa^ R'ver Village Estes, LLC^ Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: t^iVURecord Owner f CljiA. eJW/LH^ Date 7/30/25 \e^Lne^Applicant Fel£^i ^A^J/^/l£. _ __ Date 7/30/25 Revised 2020.04.23 ks APPLICANT CERTIFICATION > 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: lhttD://www.estes.orq/DevCodd > 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 Names: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority ^LfUL Applicant t^SjteA. €^iV L/VL Date 7/30/2025 signatures: Record owner FeJL^A. <^\eVLfUL ^ . . Date 7/30/2025 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) COMMUNITY/NEIGHBORHOOD MEETINGSCHEDUIED FOB THISPROPERTY 970-577-3721 Revised 2024-03-11 ks Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4.Statement of Intent. All applications for a preliminary subdivision plan and ﬁnal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. (Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating proﬁt which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction Attachment 3 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildﬁre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualiﬁcations: We acknowledge the professional qualiﬁcations required to create a report E. Wildﬁre Hazards. 1.Wildﬁre Hazard Areas. a. “Mapped Wildﬁre Hazards. Wildﬁre hazard areas shall include all those areas shown as "high-tree" ﬁre hazard areas on the Wildﬁre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” ﬁre hazard area on the wildﬁre hazard resource map “Unmapped Wildﬁre Hazards. Wildﬁre hazard areas shall also include areas located outside of the mapped wildﬁre hazard areas that are identiﬁed by the Colorado State Forest Service or the Larimer County Wildﬁre Safety Specialist, or designee, as hazardous areas” – The Property is not identiﬁed as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd ﬂoor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient ﬁre suppression facilities and adequate access to emergency ﬁre protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signiﬁcant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ﬁts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the ﬁeld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the ﬁeld. 10.4 Lots A. Lot Dimensions and Conﬁguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 3. Conﬁrmed 4. Conﬁrmed B. Access: Conﬁrmed C-E. N/A F. Conﬁrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conﬁrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conﬁrm that this project will adhere to the Fire Safety Standards. F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ﬁts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the beneﬁt of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses - Townhome ownership with the potential to STR -Free storage for workforce housing tenants -Office Space -Daycare -Event Space 2) The PUD largely ﬁts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be able to operate as a large wedding venue and the hours of operation will be reduced. This will be a beneﬁt to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. Attachment 4 Fall River Village Sky View Community Building 2021 IEBC/IBC Code Study Use & Occupancy Class -- Chapter 3 Existing Building: 2nd Level (rooftop deck) – A-2 1st Level A-2 Banquet Hall Basement S-1 Storage Proposed Building: 2nd Level (rooftop deck) – A-2 (assembly, no change) 1st Level B - O)ice Basement S-1 Storage & B- O)ice Height & Area Limitations -- Chapter 5 Type V-B building construction Building Area: Use Group: A-2/S-1/B Allowable area: 18,000sf (A-2 most restrictive) Upper Floor: (A-2) 2,575sf Main Floor: (B) 3,270sf Lower Level: (B/S-1) 2,690sf Total: 8,535sf Building Height: 2 Story; +/- 49’ (2 Stories/60’ max allowable)* *Due to steep slope, technically 3-stories based on grade plane – building approved as 2- story equivalent by addition of 1hr separation between Basement + Main ﬂoor (then S-1/A); not otherwise required. Building meets height and area requirements for most restrictive occupancy (A2) therefore provisions of 508.3 apply – no separation required between A2 + B. Types of Construction -- Chapter 6 Fire-resistive rating: Table 601 - Type V-B All building elements: 0 hrs Fire - Resistive Construction -- Chapter 7 Exterior walls – Revised based on new Proposed Re-Plat North Wall 0hr >10’ (to centerline of drive) South Wall 0hr >10’ West Wall 0hr >10’ ** see below for deck East Wall 0hr > 10’ – property line adjusted on plat West, North & South walls: Unlimited unprotected openings ≥ 30’ Attachment 5 East Wall: >10’ UP S - 45% max allowable opening area (max 15% at 3rd ﬂoor) ** Projections – 705.2.3 – Projections within 5-feet of prop line must be non-combustible , ﬁre-rated or heavy timber. Property line adjusted so that deck is > 5’ 1hr Shaft enclosure at basement stair + duct chase, supporting construction protected 1hr separation between Basement + Main Floor (see Chap 5 above) Walls in lower level 1hr from inside, supporting walls in crawl not req'd to be rated Shaft enclosures: 1-hour <4 stories: Elevator shaft, basement stair enclosure + duct chase Opening Protectives: Exit access stairway enclosures: 60-minute Interior Finishes - Chapter 8 Flame Spread: A-2: Exits/Corridors: Class B Rooms + spaces: Class C Fire Protection Systems -- Chapter 9 Automatic Sprinkler systems - Full NFPA 13 system provided Fire Alarm: provided Means of Egress - Chapter 10 First Floor -- Community Hall: O)ice: 3,630sf (gross) @ 1/150 = 24 occ's Storage 90sf(gross) @ 1/300 = 1 occ's Total 25 occ’s (1 exit req’d, 2+ provided) Min component egress: 36-inches Second Floor -- Roof Deck: Deck Seating 1,985sf (net) @ 1/15 = 132 occ’s O)ice 215sf (gross)@ 1/150 = 2 occ's Storage: 145sf (gross) @ 1/300 = 1 occ's Total 135 occ’s (2 exits req’d) Total egress width: 135 * 0.2 (stairways) = 27-inches Min component egress: 44-inches Lower Level: O)ice 1,650sf (gross) @ 1/150 = 11 occ’s Storage/Mech. 740sf (gross) @ 1/300 = 3 occ’s 14 occ’s 1 exit req'd/2 provided Accessibility -- Chapter 11 Accessible route from accessible parking provided. Accessible toilet facilities provided Plumbing Systems -- Chapter 29 Change to lesser use – existing facilities more than adequate. IEBC Accessibility – Section 306 Accessible parking, accessible route to all ﬂoors (elevator) and toilet facilities provided throughout all primary function areas. Level 1 Alterations (throughout) Building Elements – Section 702 All new ﬁnishes to comply with Chapter 8 Level 2 Alterations (lower level new walls) Interior partitions only, no e)ect on life-safety Change of Occupancy (A-2/S to B) Structural 1006 – Existing building designed for 2015 IBC 70psf Snow/175mph Wind Electrical 1007 – No special occupancies Mechanical 1008 – Existing mechanical system adequate Per 1008.1 Code requires new occupancy to comply with IMC if subject to increased mechanical ventilation requirements – A to B would be a decrease – 7.5cfm/person to 5cfm/person per Table 403.3.1.1 Plumbing 1009 – Existing plumbing ﬁxtures adequate (reduction in occupant load) Drinking fountain – one existing kitchen sink (owner choice) to be provided with cup dispenser Fire protection 1011.2 – Existing ﬁre protection systems adequate Means of Egress 1011.5 – Change to lower hazard (existing egress adequate for new use) Height and Area 1011.6 – Change to lower hazard (existing acceptable) Exterior Walls 1011.7 – Equal hazard category (existing acceptable) Vertical Shafts 1011.8 – All existing vertical shafts enclosed (1hr) STREET MAINTENANCE AND USE AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ________________, 2025 by and between FALL RIVER VILLAGE ASSOCIATION, INC., a Colorado nonprofit corporation (the “Association”); and FRVT STREETS, LLC, a Colorado limited liability company (the “FRVT”). The Association and FRVT may be referred to individually as a “Party” and together as the “Parties.” DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Agreement shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Agreement as a whole and not to any particular Section; the words “include,” “including,” “includes,” and other words of similar import shall mean “including but not limited to.” In addition to the terms defined parenthetically and/or with quotation marks the following defined terms shall have the meaning herein given: A.“Common Interest Community” shall mean the Real Estate and all improvements now located or subsequently constructed thereon, except the Streets. B.“Covenants” shall mean the Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. C.“Entities” shall mean and include corporations, partnerships, limited liability companies, associations, trusts, and any other legal entity. D.“Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. E.“Lot” shall mean each Lot as described and designated on the Plat except Outlot A. F.“Occupants” shall mean Persons and Entities occupying or using any portion of a Lot or the improvements on a Lot with the consent of the Owner of the Lot. G.“Owners” shall mean the Persons and Entities having an ownership interest in a Lot. Attachment 6 H. “Plat” shall mean the Plat of Fall River Village Townhomes recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. I. “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. J. “Rules and Regulations” shall mean rules and regulations adopted by FRVT governing use of the Streets including the parking areas as shown on the Plat. K. Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. L. “Street Maintenance” shall mean all work performed and materials supplied for the maintenance, repair, replacement, restoration, and improvement of the Streets. Recitals A. FRVT is the owner of the Streets within the Common Interest Community. B. FRVT is a wholly owned subsidiary of the Estes Park Housing Authority, a body corporate and politic organized and existing under the Colorado Housing Authorities Act (“EPHA”). EPHA its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to FRVT, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. C. The Owners and Occupants must use the Streets to obtain access to the Lots. D. The Association is willing to reimburse FRVT for the reasonable costs necessarily incurred in connection with the Street Maintenance. E. It is the intent of the Parties that the Streets forever remain private and therefore nothing contained in this Agreement shall be construed to create a public street, public road, public easement, or public right-of-way. NOW THEREFORE for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the Parties agree as follows: 1. Grant of Easement. FRVT hereby grants, bargains, sells, and conveys to the Association a nonexclusive perpetual easement over, across, and upon the Streets for the purpose of providing access and utilities to each Lot for the use and benefit of the Owners and Occupants of the Lots, their heirs, personal representatives, successors, assigns, tenants, subtenants, guests, invitees, and all other Persons having a right to enter upon, use, or occupy a Lot with the express or implied permission of the Owner of the Lot. 2. Rights Reserved by FRVT. (a) FRVT hereby expressly excepts and reserves to itself and its successors and assigns a non-exclusive perpetual access and utility easements and rights-of-way over, under, across, and upon the Streets and shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, across, and upon the Streets to purchasers of Lots within the Common Interest Community. (b) FRVT shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, under, across, and upon the Streets to any Governmental Authority. 3. Street Maintenance. FRVT shall perform such Street Maintenance as may be necessary or reasonably required to maintain the Streets to a standard comparable to other streets within residential subdivisions within the Town of Estes Park. 4. Reimbursement. The Association shall reimburse FRVT for all costs and expenses incurred by FRVT in performing the Street Maintenance. Any amount due from the Association to FRVT which is not paid within thirty (30) days of the date due shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. 5. FRVT Remedies. In the event of default by the Association in the payment of any amount due to FRVT, FRVT shall have the following remedies, which shall be cumulative and shall not be exclusive of any other rights or remedies which FRVT may have under this Agreement or under applicable law: (a) Action Against Association. FRVT shall have the right to commence an action against the Association to collect any amount due to the Association, plus interest, costs, and attorney’s fees. (b) Enforce the Association Covenants. FRVT shall have the right, but not the obligation, to exercise any and all rights which the Association may have under the Covenants to collect Assessments directly from Owners, which may include, by example, and not limitation, commencing an action against Owners personally to collect the amount due to FRVT, together with interest, costs, and attorney’s fees and recording and foreclosing a lien against the Lots. The parties hereto acknowledge that the Association has the primary obligation to collect Assessments from Owners and to pay the amount due to FRVT in full. 6. Association Remedies. In the event of default by FRVT in the performance of its obligations under this Agreement, the Association shall have the right to an action for specific performance but not damages. 7. Rules and Regulations. FRVT shall have the right to adopt the Rules and Regulations. FRVT shall provide a copy of the Rules and Regulations to the Association. The Association shall be responsible for giving proper notice of the Rules and Regulations to the Owners. In the event of the violation of any of the Rules and Regulations by an Owner or his or her guests or invitees, FRVT shall have the right to assess a fine against any Owner who has or whose guests or invitees have violated the Rules and Regulations in the same manner as the Association can assess fines pursuant to the Declaration and the Association’s policies. 8. FRVT Liability. FRVT, its member, agents, and employees, shall not be liable to the Association, any Owner, Occupant, any guest, or invitee of an Owner for any damage or injury arising out of or as a result of the use of the Streets, except such damage or injury as may be caused by the gross negligence or intentional acts of FRVT, its agents or employees. All claims against FRVT, its managers, members, agents, and employees, for any damage or injury are hereby expressly waived, except such claims as are a result of gross negligence or intentional acts. The Association shall defend, indemnify, and hold harmless FRVT, its managers, members, agents, and employees, and their respective heirs, personal representatives, successors, and assigns, from and against any and all loss, cost, liability, or expense, including reasonable attorney’s fees, arising out of any claim by any Owner, Occupant, or any guest or invitee of an Owner by reason of the use or misuse of the Streets, except such claims as are a result of gross negligence or intentional acts. 9. No Partnership. The parties to this Agreement do not, in any way or for any purpose, become partners of each other, or joint venturers, or member of a joint enterprise with each other. 10. Mutual Cooperation; Good Faith. The Parties agree to cooperate each with the other to effectuate the terms and provisions of this Agreement and to execute any and all additional documents or take such additional action as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. The Parties acknowledge and agree that each Party has an obligation to act fairly, reasonably, and in good faith in exercising their rights and performing their obligations under this agreement. “Fairly” means characterized by honesty and justice; free from favoritism; fair, equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. “Reasonably” means being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment based on consideration of facts and rational arguments. “Good faith” means honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that know circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. 11. Jurisdiction and Venue; Waiver of Jury. This Agreement is made and entered into in Larimer County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement shall be brought and prosecuted only in the courts of the County of Larimer, State of Colorado, and each Party waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. To the full extent permitted by law, the Parties hereby knowingly, intentionally, and voluntarily, waive, relinquish, and forever forgo the right to a trial by jury in any action or proceeding, including, without limitation, any tort action, based upon, arising out of, or in any way relating to or in connection with this Agreement and any of the related documents, the transactions which are the subject hereof, or any course of conduct, act, omission, course of dealing, statements (whether verbal or written) or actions of any person in connection with this Agreement or the related documents, including, without limitation, in any counterclaim which any Party may be permitted to assert thereunder, whether sounding in Agreement, tort or otherwise. 12. Counterpart Copies; Electronic Delivery: This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed an original, with the same effect as if the signatures were on the same instrument, and all of which, taken together shall constitute one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered by each Party to the other Parties. Delivery of this Agreement by facsimile transmission, email or other electronic means containing the signature of a Party shall be deemed delivery of an original signature. If delivery is so made electronically, the Parties agree, upon the request of either Party to exchange documents bearing the original signatures, but such exchange is not required and delivery electronically shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 13. Entire Agreement, Subsequent Modification, Forbearance. This Agreement sets forth the entire understanding between the Parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein. This Agreement may not be modified, amended, supplemented, canceled or discharged, except by written instrument executed by all Parties. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the Parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the Parties under this Agreement are in addition to all other rights and remedies, at law or equity that they may have against each other. 14. Interpretation. In the event an ambiguity or question of intent or interpretation arises, no presumptions or burdens of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement or judicial reaffirmation of the invalid provision. 15. The Association Owners’ Addresses. The Association shall provide to FRVT the names and addresses of all persons and entities having or acquiring an ownership interest in one or more Lots, within thirty (30) days after the recording of the deed or other instrument evidencing the transfer of title to the Lot. 16. Dispute Resolution. In the event the Parties cannot agree on any given issue arising under this Agreement, such issue must be submitted to mediation. The Parties must first negotiate fairly, reasonably, and in good faith to resolve their dispute for a period of 15 days before submitting the dispute to mediation. If the Parties are unable to resolve their dispute through good faith negotiations within said 15 days, then within 7 days thereafter FRVT shall list the names, contact information, and qualifications of 3 persons that FRVT would be willing to accept as a mediator, and the Association shall have 7 days to select a mediator from the list. FRVT may not list its attorney, accountant, agent, or employee. The selected mediator shall assist the Parties for a period of 7 days in an attempt to resolve their dispute. If the dispute is not resolved by Mediation within 7 days, either Party may file an action in the Larimer County, Colorado District Court to resolve the dispute. All costs and expenses of mediation shall be divided equally between the Parties. Each Party shall pay its own attorney’s fees incurred in connection with mediation. 1. Attorney’s Fees. In the event of any litigation arising out of this Agreement, the Court must award to the Party that substantially prevails in such litigation all court costs and reasonable attorney’s fees. 17. Binding Effect. The terms and provisions of this Agreement shall be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any person or entity, by accepting a deed or other instrument by which such person acquires an ownership interest in one or more Lots shall be deemed to covenant and agree to be bound by all of the terms and provisions of this Agreement. [The remainder of this page has been left blank intentionally. Signatures appear on the following page.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation BY:___________________________________ President FRVT STREETS LLC, a Colorado limited liability company BY:___________________________________ Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of _____________________, 2025, by ________________ as President and FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: ____________________. __________________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of ___________________________, 2025, by _________________________ as Manager of FRVT STREETS LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ____________________. __________________________________ Notary Public 4-27-26 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION (this "Declaration") is made this ____ day of _________, 2026, by FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company ("Declarant"). Recitals: A.Declarant is the owner of the real property in the Town of Estes Park, County of Larimer, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference ("Real Estate"). B.Declarant desires to create a common interest community on the Real Estate pursuant to the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time (the “CCIOA”). C.The Declarant has caused to be incorporated the Fall River Village Association, Inc., a Colorado nonprofit corporation (the “Association”) under the Colorado Revised Nonprofit Corporation Acts, C.R.S. § 7-121-101, et. seq. as it may be amended from time to time (the “Nonprofit Act”), for the purpose of exercising the functions herein set forth. ARTICLE I. SUBMISSION OF REAL ESTATE The Declarant hereby publishes and declares that the Real Estate shall be held, sold, conveyed, transferred, leased, sub-leased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the land and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Real Estate or any portion thereof, their heirs, personal representatives, successors, and assigns. ARTICLE II. DEFINITIONS For purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Declaration shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) all accounting terms not otherwise defined shall have the meanings assigned to them in accordance with Generally Accepted Accounting Principles applicable at the time; (c) all references in this Declaration to designated Sections are to the designated Sections of this Declaration, and (d) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Declaration as a whole and not to any particular Section. In addition to the terms defined parenthetically and/or with quotation Attachment 7 4-27-26 marks the following defined terms shall have the meaning given in the following Sections of this Article II: Section 1: “Acts” shall mean the CCIOA and the Nonprofit Act. Section 2: “Allocated Interests” shall mean the Common Expense Liability and votes in the Association. Section 3: "Approval" or "Consent" shall mean securing the written approval or consent as required by any provision of this Declaration before doing, making, or permitting that for which such Approval or Consent is required. Section 4: “Assessments” shall mean all Assessments made for General Common Expenses together with all fees, charges, late charges, fines, interest, collection costs, court costs, and attorney’s fees incurred, and assessed by the Association against a Unit and/or the Owner of the Unit. Section 5: “Association” shall mean Fall River Village Association, Inc., a Colorado nonprofit corporation. Section 6: “Board” shall mean the duly elected Board of Directors or Executive Board of the Association. Section 7: “Buildings” shall mean all Buildings presently located on the Real Estate, including but not limited to all Buildings within which Units are located. Section 8: “Clerk and Recorder” shall mean the office of the Clerk and Recorder of the County. Section 9: “Committee” shall mean any committee established by the Board. Section 10: “Committee Member” shall mean any Person appointed by the Board to serve on a Committee. Section 11: “Common Elements” shall mean all of the Common Interest Community except the Lots and Streets. The Common Elements shall include, the Trash Enclosure, the Hot Tub, and the Landscaping all as shown on the Plat, and all other improvements on the Common Elements. Common Elements shall also include the Fire Suppression System. Section 12: “Common Expense Liability” shall mean the liability for General and Limited Common Expenses allocated to each Unit pursuant to this Declaration. Section 13: “Common Interest Community” shall mean the Real Estate, the Buildings, and all improvements now located or subsequently constructed thereon, except the Streets. 4-27-26 Section 14: “Common Utilities” shall mean all utility pipes, wires, lines, conduits, or systems that serve more than one Unit, including but not limited to the Fire Suppression System, which Common Utilities are Common Elements. Section 15: “County” shall mean the County of Larimer, State of Colorado acting by and through its Board of County Commissioners, and all of its departments and offices. Section 16: “Declarant” shall mean FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company, its successors and assigns. Section 17: “Declaration” shall mean this Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association, including any amendments hereto. Section 18: “Director” shall mean a duly elected member of the Board. Section 19: “Exterior Door” shall mean any door that provides access to a Unit from outside of the Building within which the Unit is located. Section 20: “Fair”, “Fairly”, and similar terms shall mean characterized by honesty and justice; free from favoritism; equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. Section 21: “Fire Suppression System” shall mean the combination of devices and equipment engineered and installed and to be maintained in, on, or about the Buildings to detect and combat fires automatically, which may include smoke detectors, heat sensors, and alarm systems to respond immediately when a fire hazard is detected, deploying suppressants such as water, foam, gas (carbon dioxide or halon to remove oxygen), or dry chemical powders to halt flames and minimize damage. Section 22: “FRVT” shall mean FRVT Streets, LLC, a Colorado limited liability company organized for the sole purpose of owning and maintaining the Streets within the Common Interest Community. Section 23: “General Common Expenses” shall mean and include: (i) expenditures made and liabilities incurred by the Association to maintain, repair, replace, and improve the Common Elements, including but not limited to the Fire Suppression System; (ii) amounts owed to FRVT pursuant to the Street Agreement; and (iii) amounts allocated to the Reserve Account. Section 24: “Good Faith” shall mean honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that known circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. Section 25: “Governing Documents” shall mean the Articles of Incorporation, Bylaws, Rules, Regulations, Policies, and Procedures adopted and amended from time to time by the Association. 4-27-26 Section 26: “Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. Section 27: “Home-Based Child Care” shall mean care for children between the ages of zero and six provided by members of a family within the family’s Unit. Section 28: “Home Occupation” shall mean a business or professional activity, including but not limited to Home-Based Child Care, conducted within a Unit by the resident of the Unit that is incidental to the primary residential use and that does not alter the Unit’s character or create significant neighborhood impacts. Section 29: “Identifying Number” shall mean a symbol or address that identifies only one Unit in the Common Interest Community. Section 30: “Individual Utilities” shall mean all plumbing lines and fixtures; heating, air- conditioning and ventilating systems and equipment; furnace and hot water heater; and electrical wires, conduits, systems, and fixtures located within a Unit commencing at the point that the Individual Utilities enter the Unit, except the Fire Suppression System which shall be a Common Element. Section 31: “Landscaping” shall mean all trees, shrubs, grass, plant materials, vegetative cover, gravel, flagstone, walkways, trails, timber staircases, block, rock, and timber retaining walls, fences, and the sprinkler systems. Section 32: “Law” shall mean any statute, code, ordinance, resolution, rule, regulation, policy, licensing requirement, or order of any Governmental Authority. Section 33: “Limited Common Expenses” shall mean reasonable costs and expenses necessarily incurred by the Owners of a Building for the maintenance, repair, replacement, restoration, and improvement of the Building if such maintenance, repair, replacement, restoration, and improvement of the Building is Approved in writing by the Owners of a majority of the votes allocated to the Units within the Building. Section 34: “Lot” shall mean each Lot as described and designated on the Plat except Outlot A. 4-27-26 Section 35: “Member” shall mean a member of the Association. All Owners of an interest in a Unit must be Members of the Association and all Members of the Association must be Owners of an interest in a Unit. Section 36: “Mortgagee” shall mean any Person who has a Security Interest in a Lot that has provided actual written notice of such Security Interest to the Association. Recording of a mortgage, deed of trust, or other Security Interest in the office of the Clerk and Recorder shall not be considered actual written notice to the Association of a Security Interest. Section 37: “Notice” shall mean any notice required or desired to be given pursuant to this Declaration. Unless otherwise provided in this Declaration, all notices shall be in writing and may be personally delivered; posted on the main entrance to the Unit; mailed, certified mail, return receipt requested; sent by a nationally recognized, receipted overnight delivery service; or sent by electronic mail with evidence of transmission. Any such notice shall be deemed given when personally delivered or posted on the main entrance to the Unit; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by electronic mail, on the day transmitted if transmitted on a business day during normal business hours of the recipient (9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays designated by a Governmental Authority) or on the next business day if sent at any other time; or if sent by overnight delivery service, one (1) business day after deposit in the custody of the delivery service for earliest next business day delivery. The addresses and telephone numbers for the mailing, transmitting, or delivering of notices shall be as set forth in the books and records of the Association or if no address is provided to the Association by the Owner, then as set forth in the County Assessor’s records. Notices of a change of address shall be given in the same manner as all other notices as hereinabove provided. If a notice is to be given to more than one Owner, the notice shall be given to all Owners at the same time and in the same manner. The Association shall furnish to an Owner or such Owner's designee or to a holder of a Security Interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished to the Owner or holder of a Security Interest or such Owner’s designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the unit for unpaid Assessments which were due as of the date of the request. Section 38: “Officers” shall mean the President, Vice-President, Secretary, Treasurer, and such assistant officers of the Association duly appointed by the Board. Officers must be Directors. Assistant officers must be Members but need not be Directors. Section 39: “Owner” shall mean the Person who owns a Lot but does not include a Person having an interest in a Lot solely as security for an obligation. Section 40: “Party Wall” shall mean a wall within a Building that is common to two Units within the Building. 4-27-26 Section 41: “Person” shall mean a natural person, a corporation, a partnership, a limited liability company, an association, a trust, or any other entity or combination thereof. Section 42: “Plat” shall mean the Fall River Village Townhome Subdivision Plat recorded in the office of the Clerk and Recorder on _______________, 2026, at Reception Number _______________. Section 43: “Promptly” shall mean to act as soon as Reasonably practicable under the facts, circumstances, urgency of the situation, nature of the action, availability of resources, and potential consequences of delay. Section 44: “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. Section 45: “Reasonable”, “Reasonableness”, “Reasonably”, and similar terms shall mean being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment, and consideration of facts and rational arguments. Section 46: “Reserve Account” shall mean a separate account maintained by and in the name of the Association to provide for the payment of the costs expected to be incurred by the Association in making necessary maintenance, repairs, and replacements to the Common Elements to maintain the Common Elements in good condition. Section 47: “Security Interest” shall mean an interest in real property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation. “First Security Interest” shall mean a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and Assessments made by a Governmental Authority. The recording of any document or instrument in the office of the Clerk and Recorder shall not be considered notice to the Association of any Security Interest created by the recording of such document or instrument. Section 48: “Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. Section 49: “Street Agreement” shall mean the Agreement made and entered into between the Association and FRVT for the use and maintenance of the Streets within the Common Interest Community. 4-27-26 Section 50: “Town” shall mean the Town of Estes Park, Colorado, a municipal corporation, and all of its departments and offices. Section 51: “Unit Boundaries” shall mean the unfinished perimeter walls, floors, and ceiling of a Unit. “Unfinished perimeter walls” shall mean the studs, supports, and other wooden, metal, or similar materials that constitute the structural portion of the perimeter walls of a Unit. “Unfinished floor” shall mean the beams, floor joist, plywood deck, concrete and other similar floor decking material that constitute the structural portion of the floor of a Unit. “Unfinished ceiling” shall mean the beams, floor joists, and other structural components of the ceiling of a Unit. Section 52: “Unit” shall mean a physical portion of a Building which is designated for separate ownership, use, or occupancy. For clarification, there is one (1) Unit on each Lot except Lot 1 which has 8 Units. If any chute, flue, duct, wire, conduit, pipes, or fixtures lies partially within and partially outside of the Unit, any portion thereof serving only that Unit, shall be a Limited Common Element appurtenant to such Unit and any portion thereof serving more than one Unit or serving any portion of the Common Elements shall be a part of the Common Elements. “Unit” shall also include heating, air conditioning, and ventilation fixtures and equipment serving only that Unit and any hot water heater serving only that Unit whether such equipment is wholly within, partially within, or completely outside of the Unit Boundaries. ARTICLE III. COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Fall River Village Association. Section 2: Association. The name of the Association is Fall River Village Association, Inc. Section 3: County. The name of every county in which any part of the Common Interest Community is situated is Larimer County, Colorado. Section 5: Legal Description. A legal description of the Real Estate included within the Common Interest Community is set forth in Exhibit A attached hereto, excluding, however, the Streets. Section 6: Maximum Number of Lots and Units. The maximum number of Lots and Units that may be created within the Common Interest Community is 18 Lots and 25 Units. Section 7: Boundaries of Lots. The boundaries of each Lot are located as shown on the Plat. Section 8: Identification of Lots. The identification number of each Lot is shown on the Plat. Section 9: Subdivision of Lots and Units. Neither a Lot nor a Unit may be subdivided into two (2) or more Lots or Units. 4-27-26 Section 10: Allocated Interests. The Common Expense Liability shall be allocated among the Units based on the number of square feet within the Unit, and votes in the Association shall be allocated equally among the Units, one (1) vote for each Unit. Section 11: Recording Data. All easements and licenses to which the Common Interest Community is presently subject are set forth on the Plat. In addition, the Common Interest Community is subject to other easements or licenses granted by the Declarant pursuant to the terms of this Declaration. Section 13: Common Elements. The Common Elements consist of the entire Common Interest Community except the Units and the Streets, but specifically including the Fire Suppression System. No Common Elements may be conveyed to any person or entity other than the Owners. ARTICLE IV. ASSOCIATION Section 1: Membership. Every Owner of a Lot shall be a Member of the Association. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Lot. ownership of a Lot shall be the sole qualification for membership. In the event a Lot is owned by two or more Persons, all such Owners shall be jointly and severally liable for performance of and compliance with all of the terms, covenants, conditions, and restriction contained in this Declaration and the Governing Documents. Section 2: Nonprofit. The Association does not contemplate pecuniary gain or profit to the Members and the specific purposes for which it is formed are as follows: (a) to operate the Common Interest Community; (b) to promote the health, safety, welfare, and common interests of the Owners of Units; and (c) to do any and all permitted acts, and to have and exercise any and all powers, rights, and privileges which are granted to Association under the laws of the State of Colorado, this Declaration, and the Governing Documents. Section 3: Voting Rights and Assignment of Votes. The Owner(s) of each Unit shall have one (1) vote on all matters submitted to the Members for approval. The effective date for assigning votes to Units created pursuant to this Declaration shall be the date on which this Declaration is recorded in the Clerk and Recorder’s Office. Section 4: Powers and Authority. The Association shall have all of the powers, authority, and duties necessary to manage the business and affairs of the Common Interest Community. Section 5: Powers of the Board. The Board shall act in all instances on behalf of the Association. The Board shall have, subject to the limitations contained in this Declaration and the Acts, all of the powers and duties necessary for the administration of the affairs of the Association and the Common Interest Community, which shall include, by example and not limitation, the following: (a) Adopt and amend Bylaws. 4-27-26 (b) Adopt and amend Rules, Regulations, Policies, and Procedures, including by example and not limitation rules and regulations governing use of the Common Elements and policies for collection of unpaid Assessments, enforcement of violations of this Declaration, and/or the Governing Documents, and inspection and copying of Association records. (c) Adopt and amend budgets for revenues, expenditures, and reserves. (d) Collect General Common Expense Assessments from Owners. (e) Hire and discharge Managers. (f) Hire and discharge independent contractors, employees, and agents, other than Managers. (g) Institute, defend, or intervene in litigation or administrative proceedings affecting the Association or seek injunctive relief for violation of this Declaration or the Governing Documents in the Association's name and on behalf of the Association. (h) Make contracts and incur liabilities, including but not limited to the Street Agreement. (i) Acquire, hold, encumber, and convey in the Association's name, any right, title, or interest in or to real or personal property. (j) Impose a reasonable charge for late payment of General Common Expense Assessments and levy a reasonable fine for violation of this Declaration or the Governing Documents. (k) Impose a reasonable charge for the preparation and recordation of supplements or amendments to this Declaration and for statements of unpaid Assessments. (l) Provide for the indemnification of the Directors, Officers, and Committee Members and maintain directors' and officers' liability insurance. (m) Assign the Association's right to future income, including the right to receive General Common Expense Assessments, but only upon the affirmative vote or agreement of the Owners of Units to which at least 70% of the votes are allocated. (n) Grant easements to Governmental Authorities over, under, across, upon, and through the Common Elements as necessary to serve the Common Interest Community. (o) Exercise any other powers conferred by this Declaration and the Governing Documents. (p) Exercise any other power that may be exercised in the State of Colorado by a legal entity of the same type as the Association. 4-27-26 (q) Exercise any other power necessary and proper for the governance and operation of the Association. (r) By resolution, establish permanent and standing Committees consisting of one or more Directors and such additional Members to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the Committee. All Committees established by the Board shall maintain and publish notice of their actions to Owners and Directors. Actions taken by any Committee may be appealed to the Board by any Owner within 30 days of publication of a notice of a decision of the Committee. If an appeal is made, the Committee's action must be ratified, modified, or rejected by the Board at its next regular meeting. Section 6: Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver, a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at such meeting a majority of all Owners (not just a majority of Owners present at the meeting) reject the budget, the budget is ratified whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 7: Reserve Account. The Association shall establish and maintain a Reserve Account based on a reserve study to be performed periodically but no less frequently than every five (5) years. ARTICLE V. ASSESSMENT FOR GENERAL COMMON EXPENSES Section 1: Obligation of Owners for General Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Unit by acceptance of a deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the General Common Expense Assessments imposed by the Association. Such Assessments, including fees, charges, late charges, attorney's fees, fines, and interest, charged by the Association shall be the obligation of the Owner at the time the Assessment or other charges become due. If a Lot is owned by two or more Persons, all of the Owners of the Lot shall be jointly and severally liable for all Assessments made against the Lot. The obligation an Owner to pay any past-due sums due the Association shall not pass to a successor in title unless expressly assumed by such successor. Section 2: Amount of Assessment. The amount of the Assessment for the estimated General Common Expenses that must be paid by the Owner of each Lot shall be determined by dividing the total estimated General Common Expenses by a fraction the numerator of which shall be the square footage within the Unit(s) on the Lot and the denominator of which shall be the total number of square feet within all Units within the Common Interest Community. 4-27-26 Section 3: Date of Commencement of Annual Assessments; Due Dates. Annual Assessments shall commence as to all Lots on the first day of the month following the recording of this Declaration in the Clerk and Recorder’s records. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The Board may, at its discretion, permit annual Assessments to be payable in equal monthly or quarterly installments. Section 4: Owner's Negligence. Notwithstanding anything to the contrary contained in this Declaration in the event that the need for maintenance or repair of the Common Elements is caused by the willful or negligent act, omission, or misconduct of any Owner or by the willful or negligent act, omission, or misconduct of any member of such Owner's family or by a guest, invitee, employee, agent, contractor, or subcontractor of such Owner or any tenant or member of a tenant's family, the costs of such repair and maintenance shall be the obligation of such Owner, and any costs, expenses, and fees incurred by the Association for such maintenance, repair, or reconstruction shall be added to and become part of the Assessment to which such Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this Declaration. A determination of the willful or negligent act, omission, or misconduct of any Owner or any member of an Owner's family or a guest, invitee, employee, agent, contractor, or subcontractor of any Owner or tenant or member of a tenant's family and the amount of the Owner's liability therefore shall be determined by the Board after notice to the Owner and the right to be heard before the Board in connection therewith. ARTICLE VI. LIEN FOR NONPAYMENT OF GENERAL COMMON EXPENSES Section 1: Lien. All Assessments made or imposed by the Association against a Lot and the Owner of the Lot shall be a continuing lien upon the Lot upon which the Lot against which such Assessments are made or imposed is located. A lien under this Section is prior to all other liens and encumbrances on a Lot, except: (1) liens and encumbrances recorded before the recordation of this Declaration; (2) a First Security Interest in the Lot recorded before the date on which the General Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental Assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien. If the Assessments are payable in installments, each installment is a lien form the time it becomes due. Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation of any claim or notice of lien for Assessments is required. Section 2: Interest, Late Fees, Costs and Attorney’s Fees. Any Assessment provided for in this Declaration or any monthly or other installment thereof which is not fully paid within thirty (30) days after the date due shall bear interest at a rate determined by the Board. In addition, the Board may assess a late charge thereon. Any Owner who fails to pay any Assessment shall also be obligated to pay the Association, on demand, all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent amount. The total amount due to the Association shall constitute a lien on the defaulting Owner's Lot. The Association may bring an action, at law or in equity, or both, against any Owner obligated to pay any amount due to the Association or any monthly or other installment thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the 4-27-26 Association against a delinquent Owner to recover a money judgment for unpaid amounts due to the Association or monthly or other installments thereof may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien. Section 3: Limitation of Lien. A lien for Assessments shall remain valid and enforceable for a period of 6 years after the Assessment becomes due. Section 4: Appointment of Receiver. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the Court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending action. The Court may order the receiver to pay any sums held by the receiver to the Association during the pending action to the extent of the Association’s Assessments. Section 5: Foreclosure. The Association’s lien for unpaid Assessments may be foreclosed in like manner as a mortgage against real estate. ARTICLE VII. RESTRICTION ON USE Section 1: Exterior Improvements. No exterior additions to, exterior alterations of, or exterior decoration of a Building, a Lot, a Unit, or the Common Elements shall be made unless approved in writing by the Board. Without limiting the generality of the foregoing, nothing shall be kept or stored within or upon the Lots or Common Elements and nothing shall be placed on or in the windows or doors of a Unit which create an unsightly appearance from the exterior of such Units. Section 2: Violation of Laws. Nothing shall be done or kept in any Unit, on a Lot, or on the Common Elements, or any part thereof, which would be in violation of any Law. A violation of any Law, including but not limited to violation of the Town Municipal Code or the Town Development Code, shall be a violation of this Declaration. Section 3: Damage to Common Elements. No damage to the Common Elements, or any part thereof, shall be committed by an Owner or any agent, employee, guest, or invitee of an Owner, and each Owner shall indemnify, hold harmless, and reimburse the Association and all other Owners from and against all loss, cost, expense and liability arising out of, as a result of, or in connection with any and all damage caused by such Owner, his agents, employees, guests, or invitees. Section 4: Nuisance. No noxious or offensive activity shall be conducted within any Unit, on any Lot, or on the Common Elements which unreasonably interferes with the then existing use of any other Unit. No activity shall be conducted within any Unit, on a Lot, or on the Common Elements which is or might be unsafe, unsightly, unhealthy, or hazardous to any person. Section 5: Use. All Units shall be used solely for residential purposes, except the Units Located on Lots 12 and 18 which may be used for offices, Home-Based Child Care, and other business or commercial uses as permitted by applicable Laws. Home Occupations shall be permitted subject to compliance with Section 5.2.B.2.d(1) of the Estes Park Code pertaining to 4-27-26 Home Occupations as it may be amended. Without limiting the generality of the foregoing, Home Occupations must comply with the following restrictions: (a) Home Occupations must be approved by the Board. (b) A Home Occupation shall not exceed twenty percent (20%) of the floor area of the Unit in which the Home Occupation is located, excluding garage space. This size/area requirement does not apply to Home-Based Child Care. (c) No one other than a resident of the Unit shall be employed on site, report to work at the site, or pick up supplies or products on site in the conduct of a Home Occupation. This prohibition also applies to independent contractors. Home-Based Child Care shall be exempt from this requirement. (d) There shall be no stock-in-trade other than products fabricated by artists and artisans. (e) A Home Occupation shall be conducted entirely within a Unit and not within a parking area. Outdoor play areas are permitted in conjunction with Home-Based Child Care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. (f) Vehicle or equipment sales, rentals, or repairs shall not be conducted as a Home Occupation. (g) Personal and professional services must be provided on an appointment-only basis. (h) No Home Occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale, or sold within the Unit except by prior appointment. (i) There shall be no advertising of the address of the Home Occupation that results in attracting persons to the Unit. (j) There shall be no electrical or mechanical equipment not normally found in a residential structure added to the Unit to accommodate the Home Occupation. The Association may adopt additional Rules and Regulations further restricting the use of the Units. Section 6: Signs. No signs shall be installed or permitted to remain on the exterior of any Lot, Building, or Unit or on the interior of a Unit if such sign is visible from the exterior of the Unit unless such sign is approved in writing in advance by the Board. No sign shall be installed on the Common Elements without the prior, written approval of the Board. One (1) for sale or for rent sign may be placed on a Lot or in the window of a Unit to be visible from the exterior of the Unit. 4-27-26 Section 7: Antennae and Satellite Dishes. No antennae or satellite dishes shall be installed on the roof of a Building, the exterior of any Unit, or the Common Elements without the prior, written approval of the Board. Section 8: Restrictions on Leasing. All leases made and entered into by an Owner after the recording of this Declaration shall be in writing and shall provide that the tenant shall comply in all respects with all of the provisions of this Declaration and the Governing Documents, and that any failure by the tenant to comply with the terms and provisions of this Declaration or the Governing Documents shall be a default under the lease. The Board may require information forms to be completed and security deposits to be made by tenants. Copies of all leases made and entered into by an Owner after the recording of this Declaration shall be provided to the Board prior to commencement of occupancy by the tenant if requested by the Board. The Board may require the insertion of particular provisions in any lease made and entered into by an Owner after the recording of this Declaration. After notice and an opportunity for hearing, the Board may require an Owner to evict any tenant whose lease was made and entered into by an Owner after the recording of this Declaration and who has violated any provision of this Declaration or the Governing Documents and if the Owner fails to commence eviction proceedings with the appropriate court within 30 days after the decision of the Board, then the Board shall have the right, but not the obligation, to evict the Tenant and assess the cost as a special assessment against the Unit and the Owner. ARTICLE VIII. ALTERATION OF UNITS; EASEMENTS FOR ENCROACHMENTS Section 1: Party Walls. An easement shall be and is hereby established on the Lots for all Party Walls. To the extent not inconsistent with the provisions of this Declaration, the general rules of law in Colorado regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls. Each Owner shall be responsible for the reasonable maintenance and care of that portion of a Party Wall located on such Owner’s Property. No Owner shall undertake any work on such Owner’s Lot if such work would jeopardize the soundness or safety of the Party Wall, reduce the value thereof, or impair this Party Wall Easement without the consent of the other Owner. If a Party Wall is destroyed or damaged by fire or other casualty, either Owner may restore the Party Wall, and the other Owner shall contribute such Owner’s proportionate share of the cost of such restoration. Restoration of the damaged Party Wall shall be to substantially the same condition as existed prior to the damage. Nothing herein contained shall prejudice the right of either Owner to require a larger contribution from the other Owner based upon the negligence or willful acts or omissions of such Owner, or such Owner’s family members, tenants, guests, or invitees. An Owner may act without obtaining prior consent of the other Owner in emergency situations. After acquiring an adjoining Unit, an Owner may remove or alter any intervening Party Wall or create openings or apertures therein, if such acts do not impair the structural integrity, electrical or mechanical systems, or lessen the support of any portion of the Building. Removal of a Party Wall under this Section is not an alteration or relocation of Lot boundaries. Notwithstanding the combination of two Units, the resulting Unit shall nonetheless continue to be considered two Units for Voting purposes. Section 2: Alteration of Units. An Owner may make any improvements or alterations to the interior of such Owner’s Unit that do not impair the structural integrity, the electrical or 4-27-26 mechanical systems, or lessen the support of any portion of the Building. Section 3: Encroachments. A valid easement shall exist for the following encroachments and for the maintenance of the same: (a) in the event that any portion of a Unit encroaches upon any adjacent Lot or Lots; or (b) in the event that any portion of a Unit encroaches upon the Common Elements; or (c) in the event any encroachment shall occur in the future as a result of settling of a Building or repair or restoration of the Building or an adjacent Unit after damage by fire or other casualty or condemnation or eminent domain proceedings. In the event that any one or more of the Units or a Building are partially or totally destroyed and are then rebuilt or reconstructed in substantially the same location, and as a result of such rebuilding, any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall exist. Such encroachments and easements shall not be considered or determined to be encumbrances, either on the Common Elements or on the Lots, for purposes of marketability of title or other purposes. In interpreting any and all provisions of this Declaration, subsequent deeds to, and/or mortgages of Lots, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved, or encumbered, notwithstanding any minor deviations, either horizontally or laterally from the locations of such Units indicated on the Plat. Section 4: Blanket Easement. There is hereby created a blanket easement upon, across, over, and under the Lots for ingress and egress to and from each Unit from the Streets and for installing, replacing, repairing, and maintaining all Common Elements, including the Buildings, the Fire Suppression System, and all utilities such as water, sewer, gas, telephone, electricity, and television. By virtue of this easement, it shall be expressly permissible for the providing of electrical, telephone and/or television wires, circuits, and conduits on, above, across, and under the roof and exterior walls of the Units. No sewer lines, electrical lines, water lines, or other utilities may be installed or relocated on the Real Estate, except as initially installed or as subsequently approved by the Board and for the installation by the Declarant of submetering of the water line for the two Units on Lot 17 and for the Units on Lot 13 and 14. The Association, its officers, agents, employees, and assigns, shall have the right to make such use of the Common Elements as may be reasonably necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration. Section 5: Emergency Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Real Estate in the performance of their duties. Section 6: Fire Suppression System: There is hereby created a blanket easement upon, over, under, across, in, and through the Buildings and all Units for the purpose of installing, replacing, repairing, maintaining, and improving the Fire Suppression System. ARTICLE IX. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION No labor performed or materials furnished and incorporated in a Unit or on a Lot with the consent of or at the request of the Owner thereof, such Owner’s agents, contractors, or subcontractors, shall be the basis for filing a lien against the Unit or Lot of any other Owner not 4-27-26 expressly consenting to or requesting the same or against the Common Elements. Each Owner shall indemnify and hold harmless all other Owners and the Association from and against all liability arising from the claim of any lien against the Unit or Lot of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in the Owner's Unit or Lot at such Owner's request. Notwithstanding the foregoing, any Mortgagee of a Lot who shall become the Owner of such Lot pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall be under no obligation to indemnify and hold harmless any other Owner or the Association against liability for claims arising prior to the date such Mortgagee becomes an Owner. ARTICLE X. RESERVATION FOR ACCESS, MAINTENANCE, REPAIR, AND EMERGENCIES Section 1: Access to Units. The Association shall have the irrevocable right to be exercised by the Association's Board, Officers, managing agent, employees, and contractors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the Common Elements, including but not limited to the Fire Suppression System, therein or accessible therefrom or at any hour for making emergency repairs, maintenance, or inspection therein necessary to prevent damage to the Common Elements, including but not limited to the Fire Suppression System, and/or to another Unit. Section 2: Damage to Unit. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the insistence of the Association shall be a General Common Expense; provided, however, that if the damage is caused by the negligent or tortuous acts of an Owner, such Owner’s agents, employees, invitees, or tenants, then such Owner shall be responsible and liable for all of such repair and the cost thereof shall become said Owner's obligation, which shall be timely paid. Said obligation shall be an Assessment against said Owner and such Owner’s Unit and shall be subject to the provisions for collection elsewhere herein provided. All damaged improvements shall be restored substantially to the extent reasonably practical to the same condition in which they existed prior to the damage. All maintenance, repairs, and replacement of the Common Elements, whether located inside or outside of the Units, shall be the General Common Expense of all of the Owners (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). However, the Association shall not be obligated to seek redress for damages caused by a negligent Owner, and this covenant shall not abrogate the insurance provisions of this Declaration. ARTICLE XI. MAINTENANCE RESPONSIBILITY Section 1: Maintenance of the Units. (a) For maintenance purposes, an Owner shall maintain and keep in good repair and condition at all times such Owner’s Unit, which shall include by example and not limitation, all improvements within the Unit Boundaries, the windows and Exterior Doors, including window and door casings; the interior non-supporting walls, floors, and ceilings of the Unit; the materials such as, but not limited to, plaster, gypsum drywall, paneling, wallpaper, paint, ceiling, wall and floor tile 4-27-26 and flooring, carpet, and other materials which make up the finished surfaces of the interior of the Unit Boundaries; interior doors; exterior shutters, awnings, window boxes, storm doors, storm windows, patio doors, if any, appurtenant to each Unit; exterior heating, ventilating, or air conditioning fixtures and equipment serving the Unit; and all other fixtures and equipment designated to serve the Unit but located outside of the Unit Boundaries of such Unit. All maintenance, repairs and replacements of Exterior Doors, exterior windows and all other fixtures, equipment and surface materials visible from the exterior of a Unit shall be of substantially the same architectural style, design, color, material, and quality as existed immediately prior to the maintenance, repair or replacement. (b) An Owner shall also maintain and keep in good repair at all times all Individual Utilities appurtenant to such Owner’s Unit commencing at the point that the Individual Utilities enter the Unit. An Owner shall not be deemed to own and shall have no obligation to maintain or repair any Common Utilities running through such Owner’s Lot or Unit, which Common Utilities are Common Elements to be maintained by the Association. Common Utilities shall not be disturbed or relocated by an Owner without the prior written consent and approval of the Board. An Owner shall do no act or work that will impair the structural soundness or integrity of the Building in which the Unit is located or impair the proper functioning of the Common Utilities, or impair any easement. Section 2: Maintenance of the Buildings. The Owners of the Lots upon which a Building is located shall have the duty, obligation, and responsibility of maintaining, repairing, restoring, improving, and replacing the Building located on their Lots, except to the extent that an Owner is required to maintain such Owner’s Unit as provided in Section 1 of this Article XI. The costs of maintenance and repair of the Building shall be Limited Common Expenses and shall be allocated among the Owners of the Units within the Building in the same manner as General Common Expenses are allocated, pro rata based on the square footage of each Unit within the Building (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). Buildings must be maintained, repaired, restored, improved, and replaced to standards established by the Board. (a) Limited Common Expenses. It shall be the duty of each Owner of a Unit within a Building to pay such Owner’s proportionate share of all Limited Common Expenses allocated to such Unit. Unpaid Limited Common Expenses shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. In addition, any Owner who fails to pay such Owner’s proportionate share of the Limited Common Expenses when due (“the Defaulting Owner”) shall be obligated to pay all costs and expenses, including reasonable attorney’s fees, incurred by the non-defaulting Owner(s) of Units within the Building in collecting any delinquent Limited Common Expenses. The total amount due from the Defaulting Owner, including unpaid Limited Common Expenses, interest, costs, and attorney’s fees, shall be a lien on the Defaulting Owner’s Lot which lien may be enforced by the non-defaulting Owners of Units within the Building in the same manner as the lien for General Common Expenses may be enforced as provided in Article VI of this Declaration. (b) Right to Maintain. Any Owner of a Unit in a Building shall have the right, but not the obligation, to maintain, repair, renovate, and improve the Building, and shall pay all 4-27-26 costs and expenses incurred as a result of any maintenance, repair, renovation, or improvement of the Building, except to the extent that such costs and expenses are Limited Common Expenses. ARTICLE XII. ADDITIONS, ALTERATIONS, AND IMPROVEMENTS TO GENERAL COMMON ELEMENTS Except for regularly scheduled maintenance, repair, or replacement of the Common Elements and except in the event of an emergency, there shall be no capital additions, alterations, or improvements of or to the Common Elements made by the Association requiring an expenditure in any calendar year in excess of an amount equal to twenty-five percent (25%) of the Association's then-current annual budget except by vote of Owners of Units to which 67% or more of the votes in the Association are allocated who are present in person or by proxy at a meeting called for such purpose at which a quorum is present. The limitations set forth above shall not apply to repair in the event of damage, destruction, or condemnation. ARTICLE XIII. INSURANCE Section 1: Liability Insurance. The Association shall maintain public liability and property damage insurance in such limits as the Board may from time to time determine. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance, and other use of the Common Elements. Said policy shall also contain a “severability of interest” endorsement. Coverage under such policy shall include, without limitation, legal liability of the Association for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Common Elements and legal liability arising out of lawsuits related to employment contracts of the Association. If required by a first Mortgagee or an insurer or guarantor of a first mortgage, such insurance shall also include protection against such other risks as are customarily covered with respect to s similar in construction, location, and use. Section 2: Worker's Compensation Insurance. The Association shall maintain worker's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 3: Officers' and Directors' Insurance. To the extent such insurance can be obtained at reasonable cost, the Association shall maintain blanket fidelity bonds for all officers, directors, and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. If the managing agent has the responsibility for handling or administering funds of the Association, the managing agent shall be required to maintain fidelity bond coverage for its officers, employees, and agents handling or responsible for funds of or administered on behalf of the Association. Such fidelity bonds shall name the Association as an obligee and shall be in such amount as may be determined by the Board. Such bonds shall contain waivers by the issuers thereof of all defenses based upon the exclusion of persons serving without compensation from the definition of employees or similar terms or expressions. The premiums on all bonds required hereunder, except those maintained by the managing agent, shall be paid by the Association as a General Common Expense. 4-27-26 ARTICLE XIV. AMENDMENT Section 1: Amendment by Declarant. The Declarant may amend this Declaration without the consent or approval of the Owners or Mortgagees to correct clerical, typographical, or technical errors; to comply with applicable Laws; or to comply with technical requirements, standards, or guidelines of recognized secondary lenders. Section 2: Amendment by Association. This Declaration may be amended or terminated by vote or agreement of Owners of Units to which 67% or more of the votes in the Association are allocated. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any Officer of the Association designated for that purpose or, in the absence of such designation, by the president of the Association. The expenses associated with preparing and recording an amendment to this Declaration shall be a General Common Expense. No action to challenge the validity of an amendment to this Declaration may be brought more than one (1) year after the amendment is recorded. ARTICLE XVI. GENERAL PROVISIONS Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court must award to the party that substantially prevails in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the court costs and reasonable attorney's fees incurred by the party that substantially prevails in such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 2: Duration. this Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein. Section 3: Management of the Common Areas. The Association may obtain and pay for the services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation, and maintenance of the Common Elements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 4: Conflict. In the event of any conflict between the terms and provisions of the Acts and the terms and provisions of this Declaration, the terms and provisions of the Acts shall 4-27-26 control. In the event of any conflict between the terms and provisions of this Declaration and the terms and provisions of any other Governing Document, the terms and provisions of this Declaration shall control. Section 5: Time. In computing any period of time prescribed or allowed by this Declaration, the date of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday as declared by a Governmental Authority. For purposes of this Declaration, a day shall end at 5:00 P.M. Section 6. No Right of Action Against the Association or Board. No person shall obtain by virtue of this Declaration any right or cause of action against the Association or the Board arising as a result of the enforcement or lack of enforcement of this Declaration. Section 7. Disclaimer Regarding Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Common Interest Community that are designed to make occupying the Common Interest Community more secure than it otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within or around the Common Interest Community, nor shall any of them be held liable for any loss or damage by reason of failure to provide security or by reason of the ineffectiveness of any security measures that might be undertaken. No representation or warranty is made that any fire suppression system, burglar alarm system, or other security system cannot be compromised or circumvented, or that any such systems or security measures undertaken will in any case prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform all of such Owner's tenants, guests, and invitees of the terms of this Section 7. Further, each Owner expressly agrees that he or she assumes all risks of loss or damage to persons and to property resulting from the acts or omissions of third parties. Section 8. Disclaimer Regarding Naturally Occurring Radioactive Material Disclosure And Release. In certain locations above average levels of naturally occurring radioactive material ("NORM") have been detected. Declarant has not made, nor does this Declaration make or contain, any representation or warranty, express or implied, concerning the presence, absence, or level of NORM in the soil beneath or adjacent to the Building. Section 9. Disclaimer Regarding Radon. The United States Environmental Protection Agency (the '"EPA'') has detected elevated levels of naturally occurring radon gas in certain structures throughout Colorado and the EPA has voiced concerns about the possible adverse effects on human health from long term exposure to high levels of radon gas. Neither the Association nor the Declarant is qualified to evaluate all aspects of this very complex and constantly changing issue. Any Owner may conduct such Owner’s own investigation and consult with such experts as the Owner deems appropriate in order to determine the level of radon gas in such Owner’s Unit, and to determine any mitigation the Owner desires to implement at the Owner's sole cost, risk and expense. Owners acknowledge that the Association is under no obligation with respect to the radon gas levels detected in the Owner’s Unit and nothing contained herein shall create or be interpreted as a representation or warranty, express or implied, 4-27-26 concerning the presence or absence of radon in the soils beneath or adjacent to the Buildings. Each Owner hereby releases the Association and the Declarant from any and all liability with respect to the matters discussed in the foregoing disclosure. Section 10. Disclaimer Regarding Mold Related Hazards. The presence of some types of mold may cause health problems in certain individuals. The Owners acknowledge that neither the Declarant nor the Board shall be responsible for the potential or actual existence of mold contamination in a Unit, or any resulting injury. All Owners with concerns about the likelihood of mold in a Unit and the potential impacts of mold are directed to the mold informational pamphlets maintained by the EPA for additional information regarding mold. Section 11. Governmental Immunity. Estes Park Housing Authority is a body corporate and politic organized and existing under the Colorado Housing Authorities Act, its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to Declarant, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Declaration shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. Section 12: Good Faith. All decisions to be made and all actions to be taken pursuant to the terms and provisions of this Declaration and the Governing Documents shall be made and taken Fairly, Reasonably, and in Good Faith. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. FALL RIVER VILLAGE ESTES LLC, a Colorado limited liability company By: Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, its sole member By: Scott L. Moulton, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) 4-27-26 The foregoing instrument was acknowledged before me this ____ day of _________, 2026, by Scott L. Moulton, Executive Director of Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, sole member of FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public Fall River Village II Preliminary Plat Town Board August 25, 2026 Presentation Provided at Meeting 2026-08-25 Vicinity Map W ELKHORN AVE W WONDERVIEW DR Site Map Subject Property Lower Property Not Included Proposal Advantages Lots. •PUD states Accommodations (A) Zoning standards apply •Minimum lot size 40,000 square feet; •All proposed lots are less than 40,000 square feet. •Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. •Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. The PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. Advantages Setbacks. •Townhome projects are not required to comply with setbacks for properties internal to the project •Lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. •The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. Advantages Density. •No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. Relationship to Comprehensive Plan. •Subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. Geologic and Wildfire Hazard Areas. •Located outside all mapped geologic hazard areas •Partially within a mapped high-tree wildfire hazard area •No additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. Advantages Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. Water Division: •Concerns addressed regarding shared water service lines •Shared lines typically not allowed due to potential complications with maintenance and billing. •Lots 13 and 14 share a water meter and service line •Applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. Advantages Orientation of Land Uses. •The proposed subdivision will not alter the orientation of land uses. Improvements. •No new public improvements are necessary to serve the development. Compliance with Zoning Development Standards. •Standards on minimizing land, wildlife, and vegetation disturbance and maximizing open space are not applicable since no new development is proposed Limits of Disturbance. •Not applicable Advantages Sidewalks, Pedestrian Connections and Trails. •Served by existing sidewalk through the site with connection to riverwalk trail Wildlife Habitat Protection. •Not applicable Advantages Building Code. •Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. •Building code analysis: •Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. •Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. •Planning Commission recommended condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. Disadvantages Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended At their May 19, 2026 meeting Planning Commission forwarded to Town Board a recommendation to approve the preliminary plat, subject to the following condition of approval: All recommendations identified in the building code analysis shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact The subdivision will have little no impact on Town finances or resources. Public Interest •Written notice mailed to adjacent property owners on July 10, 2026. •Legal notice published in the Estes Park Trail-Gazette on July 10, 2026. •Signs posted on property by applicant. Sample Motions I move for the approval/denial of Resolution 88-26. Public Comment Received 8/24/2026 Board of Trustees Public Comment Name: Dave Albee Stance on Item: Against Agenda Item Title: Resolution 88-26 Fall River Village II Preliminary Plat, Estes Park Housing Authority, Owner/ Applicant Public Comment: Replace Res 88-26 and 89-26 Fall River Village II Preliminary Plat, Estes Park Housing With, Historic Wildlife Habitat and Migratory Paths, Estes Park, Public Works The historic open space land of the 3.8 acre of the land “between” the Fall River Trail and the River has given river access to the abundant wildlife, locals, visitors and fisherman. On Feb 11, 2025 there was community survey with 345 responses. The survey, on page 5 shows community concerns and should be a guide for development decisions. The top concern is “Wildlife habitat and migratory paths” Next is “emergency evacuation preparedness” Then “health of fall river” Survey Page 3, 270 people wanted “Walking and bike trails” Survey page 3, 203 people wanted “nature play areas”. This property is not a match with Estes Park Housing goals Transfer to Estes Park, Public Works for maintenance Everyone likes the open space and wildlife File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. IMG_081026.JPG 7.98MB 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: Paul Hornbeck, Senior Planner Department: Community Development Date: August 25, 2026 Subject: Resolution 89-26 Fall River Village II Final Plat, Estes Park Housing Authority, Owner/ Applicant Type: Public Hearing, Land Use, Quasi-Judicial Objective: Conduct a public hearing to consider an application for a Final Subdivision Plat and approve or deny the application. Present Situation: At the July 28, 2026 meeting Town Board continued this item to the next regularly scheduled meeting (August 11, 2026). The applicant subsequently submitted a written request to continue the item to the August 25, 2026 meeting due to a scheduling conflict. Estes Park Development Code Section 3.2 requires subdivisions be reviewed first as a preliminary plat and then as a final plat. Planning Commission reviews the preliminary plat and makes a recommendation to the Town Board, who is the final decision -making body. The final plat is reviewed and either approved or denied by the Town Board only. Preliminary and final plats are usually considered by Town Board at separate meetings. However, given the nature of this subdivision not entailing any new development, the preliminary and final plat are being reviewed at the same meeting as separate agenda items. The subject property is approximately 3.8 acres in size and contains 24 units and an event facility. The development was used for short-term overnight accommodations and events until its sale in 2024 to the Estes Park Housing Authority (EPHA). EPHA subsequently began leasing units to members of the workforce, with longer term plans to subdivide the property to allow the sale of some units in order to facilitate below- market rental rates for other units. Other plans for the property include establishing a daycare, converting portions of the event facility to an office for EPHA and storage areas for residents and EPHA, and continued use of the remaining portion of event facility for events. Proposal: The 24 existing units and event facility are proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address non-conforming situations that would result from the subdivision and make minor changes to allowed uses. Advantages: The application complies with the relevant standards and criteria set forth below and with other applicable provisions of the Code. In accordance with Code section 3.9.E “Standards for Review”, all subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable provisions of the Code. 1. Lots. The existing PUD states the property’s Commercial Outlying zoning shall be treated as Accommodations (A) Zoning. The minimum lot size in the A zone is 40,000 square feet; however, all proposed lots are less than 40,000 square feet. Estes Park Development Code (EPDC) Section 10.5.H.7 allows the decision maker to approve townhome lots smaller than required by the zoning district, which is requested with this application. However, Lot 1 (8-plex), Lot 12 (office and event facility), and Lot 17 (duplex) do not qualify as townhomes and therefore do not comply with the minimum lot size. As such, the PUD application seeks a waiver to minimum lot size for these lots, and if approved, the proposed lots will be consistent with the PUD. 2. Setbacks. Subdividing the current single lot in multiple lots will result in different building setbacks. Townhome projects are not required to comply with setbacks for properties internal to the project per EPDC Section 10.5.H.7.d. However, lots 1, 12, and 17 would be subject to a 15-foot setback requirement since they do not qualify as townhomes. The PUD requests a wavier to allow a setback of zero feet, although lots 1 and 12 would have setbacks of 1 to 2 feet and Lot 17 would have a setback of approximately 7 feet from the outlot/common parking area. Setbacks to areas outside the development remain compliant with required minimums. 3. Density. No new units are proposed. As such, the density of the subdivision is compliant with the existing PUD and the proposed PUD amendment. 4. Relationship to Comprehensive Plan. As an existing development, subdividing the property should have little to no impact on the character of the area but will support the housing goals in Comprehensive. 5. Geologic and Wildfire Hazard Areas. The property is outside all mapped geologic hazard areas but lies partially within a mapped high -tree wildfire hazard area. As an existing development, no additional wildfire requirements apply at this time. However, like all of Town, any future remodels or redevelopment over certain thresholds will be subject to the Colorado Wildfire Resiliency Code. 6. Utilities and Services. Power and Communications, Estes Valley Fire Protection District, and Estes Park Sanitation District have reviewed and expressed no objections to the proposed subdivision. The Water Division supports the application based on modifications made by the applicant to address concerns about shared water service lines, which are typically not allowed due to potential complications with maintenance and billing. Lots 13 and 14 share a water meter and service line, which runs through Lot 14 to serve Lot 13. To address these concerns, the applicant will install a submeter to determine water usage of each unit and dedicate easements to ensure appropriate access for maintenance. The draft covenants, conditions, and restrictions (Attachment #6) establish these easements and related access requirements and address installation of the submeter. 7. Orientation of Land Uses. The proposed subdivision will not alter the orientation of land uses. 8. Improvements. No new public improvements are necessary to serve the development. 9. Compliance with Zoning Development Standards. The Code requires the layout of lots, driveways, utilities, drainage facilities be designed in a manner that minimizes the land disturbance, maximizes the amount of open space in the development, and preserves existing trees/vegetation and wildlife habitat. Since no new development is proposed, this section is not applicable. 10. Limits of Disturbance. The Code requires that limits of disturbance (LOD) be established with the subdivision of land. Since no new development is proposed, this section is not applicable. 11. Streets. As an existing development, no new street improvements are warranted. 12. Sidewalks, Pedestrian Connections and Trails. An existing sidewalk runs through the property along Sunny Acres Court, with stairs leading from the upper property to the lower property. Public Works has determined no additional sidewalks or connections are required. 13. Wildlife Habitat Protection. With no new development proposed, wildlife habitat protection is not applicable. 14. Building Code. Subdividing the property creates different building code requirements and occupancy classifications compared to how the buildings were originally constructed. The applicant’s architect has provided a building code analysis, which concludes various improvements are required make the buildings conforming with the building code upon the subdivision. The Town’s Building Division has reviewed the code analysis and agrees with the findings, which include: a. Lots 2-3, 4-6, 7-9, 10-11, 15-16 lack the required fire separation in the attics. To become compliant, additional drywall will need to be installed in the attics. b. Lots 13-14 lack required fire separation and require installation of a fire sprinkler system. Additionally, a 6’ wide setback/building envelope in the outlot directly west of the west property line needs to be platted to provide emergency egress from Lot 13. To address these life-safety items staff recommends, and the applicant has agreed to, a condition of approval that the above items are completed, inspected, and approved prior to recording of the subdivision plat. EPDC requires the subdivision plat be recorded within 180 days of Town Board approval. Disadvantages: Since the application complies with relevant review criteria, no disadvantages have been identified. Action Recommended: Staff recommends Town Board approve the final plat, subject to the following condition of approval: 1. All recommendations identified in the building code analysis (Attachment #4) shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. Finance/Resource Impact: The subdivision will have little no impact on Town finances or resources. Level of Public Interest: Staff anticipates a moderate level of public interest. Two public comments have been received. One comment requested additional landscaping along Far View Drive and that non-compliant outdoor lighting be addressed. The other comment appears to have mistaken this application for the Fish Hatchery project. A neighborhood meeting was held by the applicant on May 8, 2025 with approximately 10 attendees. A meeting summary was enclosed with the PUD application. In accordance with the notice requirements in the Code, notice of the July 28 th hearing was published in the Estes Park Trail-Gazette, on July 10, 2026. Notice was mailed to all required adjacent property owners on July 10, 2026. A sign was posted on the property by the applicant. Sample Motion: 1. I move for the approval/denial of Resolution 89-26. Attachments: 1. Resolution 2. Application 3. Statement of Intent 4. Final Plat 5. Building Code Analysis 6. Draft Street Maintenance and Use Agreement 7. Draft Covenants, Conditions, And Restrictions RESOLUTION 89-26 A RESOLUTION APPROVING THE FALL RIVER VILLAGE II FINAL PLAT WHEREAS, an application for the Fall River Village II Final Plat was filed by Estes Park Housing Authority (Applicant); and WHEREAS, the Fall River Village II Preliminary Plat proposes subdivision of a 3.8 acre property to create seventeen (17) lots and one (1) outlot on land located in a CO (Outlying Commercial) Zoning District with a Planned Unit Development (PUD) zoning overlay; and WHEREAS, a public meeting was held before the Estes Park Panning Commission on May 19, 2026, at the conclusion of which the Planning Commission voted to recommend approval of the preliminary subdivision plat with the following findings and conditions: Findings: 1.The Planning Commission is the recommending body for the preliminary plat. 2.The Town of Estes Park Board of Trustees is the decision -making body for the preliminary plat. Town Board approval of a final plat is also necessary to subdivide the property. 3.Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 4.This request has been submitted to all applicable reviewing agency staff for consideration and comment with no objections received. 5.The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1.All recommendations identified in the building code analysis shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. WHEREAS, a public hearing was held before the Estes Park Board of Trustees on August 25, 2026, at the conclusion of which the Board of Trustees voted to approve the Preliminary Subdivision Plat, with conditions; and WHEREAS, a public hearing on the Final Subdivision Plat was scheduled before the Estes Park Board of Trustees on July 28, 2026 and continued to August 11, 2026 at which time it was continued to the August 25, 2026; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on August 25, 2026 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees finds the applicant ha s complied with the applicable requirements of the Estes Park Development Code. Attachment 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Fall River Village II Final Plat is hereby approved, subject to the following condition: 1. All recommendations identified in the building code analysis dated February 2, 2026 shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. DATED this 25th day of August, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ISubmittal Date: 7/30/2025 Type of Application |0 Pre-App (") Development Plan 0 Special Review Q Preliminary Subdivision Plat (•) Final Subdivision Plat Q Minor Subdivision Plat 0 Amended Plat General Information ESTES PARK PLANNING DEPARTMENT APPLICATION PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time it 0 Rezoning Petition 0 Annexation Request Extension Other: Please speci Q Condominium Map Q Preliminary Map Final (") Map Supplemental 0 Map (^) Variance Request (Board of Adjustment) Fall River VillageI Project Name Subdivide the existing buildings on the parcel, then sell to support below market rents across both parcels |Project Address 775 Riverside Drive ESTES PARK, CO 80517 Lot 1, Fall River Village II Reiubdfyfsfon of lots 1.7 and outtot A, Fall River vniage P.U.D and Lot 5A of the Amended plat of lot 5 Sunny Acres Addition IParcel ID # Site Information 3525271001 Lot Size -3.75 Acres Area of Disturbance in Acres -3.75 Acres CO Treated as A - Prv owner used it as STR and a wedding venueExisting Land Use Proposed Land Use CO Treated as A - Individually owned units, 1 MF building, chitdcare, office, reduced event space Existing Water Service Proposed Water Service rown L^j Town Existing Sanitary Sewer Service Proposed Sanitary Sewer Service Is a sewer lift station required? Existing Gas Service 1/1 Xcel Existing Zoning CO treated as A Well U None Well D None EPSD EPSD Yes Other Other (specify) Other (specify) UTSD UTSD No None Septic D Septic II None Proposed Zoning CO treated as A Site Access (if not on public street) Are there wetlands on the site?D Yes E] No Site staking must be completed as required/requested by the Planner.D Yes B No Primary Contact Information Name of Primary Contact Person Peter Levine Complete Mailing Address Primary Contact Person is 1/1 Owner Attachments Application fee Statement of intent 1 copy (folded) of plat or plan II 11 "X 17" copy of plat or plan 363 E Elkhorn Ave #101, Estes Park, CO 80517 Applicant Consultant/Engineer Digital Copies of plats/plans in PDF format emailed to planning@estes.org Q Sign Purchase ($10) [Please review the Estes Park Development Code Appendix B for additional submittal requirements, which |may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, |wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park -A P.O. Box 1200 ^ 170 MacGregor Avenue -^ Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 «& Fax: (970) 586-0249 «?. www.estes.org/CommunityDevelopmenf Revised 2024-03-11 ks Attachment 2 Contact Information Record Owner(s) FALL RIVER VILLAGE ESTES LLC Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email ptevine@estes.org Applicant Peter Levine Mailing Address 363 E Elkhorn Ave #101, Estes Park, CO 80517 Phone 970 893 0107 Cell Phone 970 893 0107 Fax Email ptevine@estes.org |Consultant/EngineerVan Horn Engineering Mailing Address 1043 Fish Creek Rd, Estes Park, CO 80517 Phone 970-586-9388 Cell Phone Fax Email JOE@vanhornengineering.com APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or 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. 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: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: ^VLHJ^Record Owner FCJL^A. €^iV L/Vi. Date 7/30/25 Applicant FelCA <AeJ^Ln^ Date 7/30/25L^ Revised 2020.04.23 ks APPLICANT CERTIFICATION > 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: lhttD://www.estes.orq/DevCodd > 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 Names: Record Owner PLEASE PRINT: Fall River Village Estes, LLC Applicant PLEASE PRINT: Estes Park Housing Authority Signatures: Record Owner F eJL^A. ^^t^/l^ ^ . Date 7/30/2025 Applicant /fc&^- C^JiV L/Vi. Date 7/30/2025 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) COMMUNITY/NEIGHBORHOOD MEETINGSCHEDU1ED FOR THIS PROPERTY 970-577-3721 Revised 2024-03-11 ks Subdivision & PUD Statement of Intent Fall River Village 200 Filbey Ct Estes Park CO 80517 6/30/25 4.Statement of Intent. All applications for a preliminary subdivision plan and ﬁnal plat shall include a written Statement of Intent explaining how the proposed subdivision meets the applicable standards for review as set forth in Chapter 10 and Chapter 7 of this Code. (Ord. 18-01 #26) The intent of subdividing this property is to enable sales of the high value 3 and 4 bedroom townhome units to facilitate below market rental rates for the workforce of Estes Park. While this subdivision is only for the upper parcel of Fall River Village, it impacts both the upper and the lower parcel. Currently, the project has too large of a debt payment to be self-sufficient with the rental rates that we have agreed to charge. In order for the property to operate in a sustainable manner, which will enable long term below market rate rents for the Estes Park Workforce, the sales proceeds from the sales of the townhomes will be used to pay down the debt across the project, thereby reducing the ongoing debt payment. Once this plan is executed, the project is projected to turn a small operating proﬁt which will enable long term below market rate rents for the Estes Park Workforce. The risk of not being able to execute this plan will result in a sale of the property or a foreclosure from the bank. Either of these outcomes will strip away any affordability and workforce restrictions that EPHA plans to implement. There is no planned construction taking place as part of this subdivision and amended PUD. Chapter 7 Review 7.1 – Slope Protection Standards A – The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. B-D Not applicable as this is not a new development and we are not planning further construction 7.2 – Grading and site disturbance standards – Not applicable as this is not a new development and we are not planning further construction Attachment 3 7.3 – Tree and Vegetation Protection - Not applicable as this is not a new development and we are not planning further construction 7.4: Public Trails & Private Open Area This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this new PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7.5: Landscaping and Buffers – Not applicable as this is not a new development and we are not planning further construction 7.6 – Wetlands and Stream Corridor Protection – Not applicable as this is not a new development and we are not planning further construction 7.7 – Geologic and wildﬁre hazard A. Applies to this package B. We acknowledge the interpretation C. We acknowledge the description of regulated hazard areas. This is not an area that has rockfall or debris fan geologic hazard according to Estes park GIS map. D. Professional Qualiﬁcations: We acknowledge the professional qualiﬁcations required to create a report E. Wildﬁre Hazards. 1.Wildﬁre Hazard Areas. a. “Mapped Wildﬁre Hazards. Wildﬁre hazard areas shall include all those areas shown as "high-tree" ﬁre hazard areas on the Wildﬁre Hazards Resource Map in Appendix A.” – The property does not show as a “high-tree” ﬁre hazard area on the wildﬁre hazard resource map “Unmapped Wildﬁre Hazards. Wildﬁre hazard areas shall also include areas located outside of the mapped wildﬁre hazard areas that are identiﬁed by the Colorado State Forest Service or the Larimer County Wildﬁre Safety Specialist, or designee, as hazardous areas” – The Property is not identiﬁed as hazardous areas on either of these resources F. Geologic Hazard area: Not applicable as outlined above 7.8 Wildlife Habitat Protection – Not applicable as this is not a new development and we are not planning further construction 7.9 Exterior Lighting – This is not a new development, therefore this review does not apply 7.10 Operational Performance Standards Please see below for the information within this section A. Noise: This project will comply with this noise restriction. There will be an event center on the 3rd ﬂoor of the Skyview Commercial space with operating hours outlined in the CC&Rs that will be enforced. B. Operational/Physical Compatibility: We acknowledge the ability to apply additional conditions C. Evidence of Compliances: We acknowledge that the decision making body shall require evidence of ability to comply with appropriate performance standards and mitigation measures as it deems necessary. 7.11 – Off-Street Parking and Loading I am including a sheet below that shows the parking calculations. The project is above the minimum required threshold. 7.12 – Adequate Public Facilities A. We acknowledge the purpose B. This section applies due to subdivision plat C. General Requirements are acknowledged 1. We are providing adequate public facilities for the residents including bbq areas, a spa/hot tub area, and walking paths. We will not be pursuing a building permit. 2. Level of Standards a. The exiting project meets these standards b. We will not be pursuing a building permit 3. Vehicular Access to public streets and private driveways a. Acknowledged and our plans follow this provision b. We have no gated access c. We have no gated access d. Acknowledged D. Sewage Disposal: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the sewage disposal to remail adequate. 2. Criteria for new development: N/A as new development is not occurring E. Water: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction, we expect the water levels to remail adequate. 2. Criteria for new development: N/A as new development is not occurring F. Drainage/Water Quality Management: 1. Level of Service: The current facility has adequate level of service. Given that we are not planning any new construction or adding more impervious surfaces, we expect the drainage & water quality management to remail adequate. 2. Minimum Approval Requirements: We are not planning to pursue a building permit. G. Fire Protection 1. Level of Service The current facility has sufficient ﬁre suppression facilities and adequate access to emergency ﬁre protection services. 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 3. Minimum Approval Requirements: We are not planning to pursue a building permit. H. Transportation 1. Levels of Service a. There will be no new addition of units, therefore there will not be a signiﬁcant adverse impact on existing transportation levels of service, access and vehicular movement on any arterial or collector street or intersection within one-quarter (¼) mile of the site or that any such adverse impact has been mitigated to the maximum extent feasible. 2. Thresholds for Traffic Impact Analysis: Not Applicable I. Electricity 1. Level of Service The current facility has sufficient electrical service to each lot 2. Criteria for New Development: Not Applicable as this is not a new development and there is no planned construction 7.13 – Outdoor storage areas, activities, and mechanical equipment – This is not a new development, therefore this section is not applicable 7.14 – Mobile Home Parks – This is not a mobile home park, therefore this section does not apply. 7.15 – Recreational Vehicle (RV) Park/Campground – This is not a RV Park or Campground, therefore this section does not apply. Chapter 10 Review 10.1 - PURPOSES The purposes of this Chapter are to: A. “Provide for the orderly growth and harmonious development of the Estes Valley in accordance with the Estes Valley Comprehensive Plan” -- This project ﬁts this requirement as there is no additional units being constructed, and it is a conversion from hospitality to workforce housing which is a key part of the Estes Valley Comprehensive plan B. “Ensure an adequate and efficient street system” – No additional units are being created, so there are no changes to the street system required C. “Achieve individual property lots of reasonable utility and livability” – The project accomplishes this in the way the lots are platted D. “Secure adequate provisions for water supply, electric service, drainage, sewers and other facilities and services for the health and safety of the residents of the Estes Valley” -- As noted to the response in section 7.12, these facilities and services have adequate provisions E. “Protect sensitive environmental areas and mitigate the impact of development in hazard areas” -- As noted in the response in section 7.7, this parcel does not have sensitive environmental impacts nor hazard areas F. “Ensure adequate provision of open areas” -– No new construction is occurring, therefore we are ensuring adequate provision of open areas 10.2 Applicability/Scope A. General – We acknowledge these provisions B. Minor Subdivisions and Minor Adjustments: The property does not meet the requirements for Minor Subdivisions or Minor Adjustments. 10.3 Review Procedures A. We acknowledge that all subdivisions shall be reviewed in accordance with the procedures set forth in Chapter 3 of the cod B. We acknowledge that or purposes of staff and EVPC review, corners of all lots in a proposed preliminary subdivision plat shall be staked in the ﬁeld. In addition, during the preapplication conference, Staff may require the Applicant to identify natural or other site features in the ﬁeld. 10.4 Lots A. Lot Dimensions and Conﬁguration: 1.Each of our lots have the size, width, depth, shape, and orientation that is appropriate for the location of the subdivision, and for the type of development and use contemplated. 2. Each townhome lot complies with the standards set forth in the development code. Lot 1, 12, and 18 are not townhome lots. These lots are 14,300+/- sf, 8,600 +/- sf, and 12,300 +/- sf respectively. These lots are addressed in our amended PUD 3. Conﬁrmed 4. Conﬁrmed B. Access: Conﬁrmed C-E. N/A F. Conﬁrmed 10.5 Subdivision Design Standards A. The project complies with the general subdivision standards B. The project is in compliance with zoning requirements and all updated uses are address in the amended PUD C. We are not altering any of the internal or external streets. However we are planning to put small traffic calming measures on the internal road that connects the lower parcel of Fall River with the subject parcel. D. Sidewalks, Pedestrian Connections and Trails 1-3: The project has a sufficient sidewalk and trail network. In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails E. Utility Standards 1. Conﬁrmed 2. Acknowledged 3. Acknowledged, please see response to 7.12.D for additional details 4. Acknowledged 5. Acknowledged and easements are planned to be in place 6. Acknowledged, please see response to 7.12.F for additional details 7. Acknowledged, please see response to 7.12.E for additional details 8. Acknowledged and discussions with the Fire Dept have taken place to conﬁrm that this project will adhere to the Fire Safety Standards. F. Private Open Areas and Trails: In addition to typical sidewalks, there are 2 staircases that enable direct access to the lower parcel, as well as outlot B and has strong walkability to the Town Center including parks, schools, adjacent developments, and existing and proposed hike and bike trails G. Vegetation Protection: We are not planning any new construction on this property, therefore all existing vegetation will remain. H. 1-6 This section is applicable to this project as certain lots will be townhome lots 7. The townhome lots in this project are allowed with the applied zoning on the PUD. The project is creating additional outlots for common areas that shall be owned and maintained by the homeowners association. The townhome project complies with the minimum lot size, and the setbacks and lot coverage are of appropriate standards. I. We understand the monument requirements J. There will not be any new construction taking place so this section is N/A. The town has as builts when the property was previously developed K. We do not expect any public improvement requirements as we are not building on this property. PUD Statement of Intent 5. A written statement of how the PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 9.1 - Purposes This project ﬁts the purposes of a PUD outlined in the Estes Park Development code. We are amending this PUD to ensure that the (A) growing demands of the population may be met, (B) Creating a more efficient use of land and public services so that the resulting economies may inure to the beneﬁt of those who need homes, and (C) this PUD is well located, preserves the land with no new construction, and provides development of a mixed-use commercial and residential development and promote developments with a mix of commercial and residential uses including attainable, workforce, and employee housing. 9.2 Eligibility The PUD in this district has already been created and contains the underlying CO district. The PUD is eligible based upon both size and building count as the site is more than 2 acres and has more than 5 units. 9.3 PUD Standards A) 1) The PUD is proposing the following uses - Townhome ownership with the potential to STR -Free storage for workforce housing tenants -Office Space -Daycare -Event Space 2) The PUD largely ﬁts the number of units allowed and density requirements of this PUD. The project meets the density calculations for residential and accommodation development. The one exception is the multifamily lot, which has requested an increase in density. 3) Setbacks and lot coverage – We are not making any adjustments to the setbacks from lot lines abutting a property outside the PUD. Setbacks and lot coverages are compatible with the surrounding area. 4) Building height is not applicable as we are not building any new units 5) The PUD meets off street parking and loading standards 6) This project is part of the Fall River Village P.U.D which already dedicated open space and with a trail. The area that was set aside for open space in the original Fall River Village PUD consists of Outlot B (along the river), and the multiple seating areas, a trail, a pool and hot tubs located throughout the lower Fall River Village property. With this PUD we are trying to protect the rock outcroppings on the southwest portion of the lot, the steep cliffs along the southeast portion of the lot and are providing two sidewalk/staircases through this development that will provide a safe walking route to and from lower Fall River Village. 7) See responses to the code items related to Section 10 listed above B) The amended PUD will create uses that have greater compatibility with the surrounding area than the current use. By repurposing the main space of Skyview, it will no longer be able to operate as a large wedding venue and the hours of operation will be reduced. This will be a beneﬁt to neighbors as well as residents of Fall River Village as they will not be subjected to loud music late in the evening. The new use of an office space is compatible with the surrounding uses, and a day care facility will enhance the livability of the surrounding neighborhood as it provides a local childcare option for nearby families. Attachment 4 Fall River Village Sky View Community Building 2021 IEBC/IBC Code Study Use & Occupancy Class -- Chapter 3 Existing Building: 2nd Level (rooftop deck) – A-2 1st Level A-2 Banquet Hall Basement S-1 Storage Proposed Building: 2nd Level (rooftop deck) – A-2 (assembly, no change) 1st Level B - O)ice Basement S-1 Storage & B- O)ice Height & Area Limitations -- Chapter 5 Type V-B building construction Building Area: Use Group: A-2/S-1/B Allowable area: 18,000sf (A-2 most restrictive) Upper Floor: (A-2) 2,575sf Main Floor: (B) 3,270sf Lower Level: (B/S-1) 2,690sf Total: 8,535sf Building Height: 2 Story; +/- 49’ (2 Stories/60’ max allowable)* *Due to steep slope, technically 3-stories based on grade plane – building approved as 2- story equivalent by addition of 1hr separation between Basement + Main ﬂoor (then S-1/A); not otherwise required. Building meets height and area requirements for most restrictive occupancy (A2) therefore provisions of 508.3 apply – no separation required between A2 + B. Types of Construction -- Chapter 6 Fire-resistive rating: Table 601 - Type V-B All building elements: 0 hrs Fire - Resistive Construction -- Chapter 7 Exterior walls – Revised based on new Proposed Re-Plat North Wall 0hr >10’ (to centerline of drive) South Wall 0hr >10’ West Wall 0hr >10’ ** see below for deck East Wall 0hr > 10’ – property line adjusted on plat West, North & South walls: Unlimited unprotected openings ≥ 30’ Attachment 5 East Wall: >10’ UP S - 45% max allowable opening area (max 15% at 3rd ﬂoor) ** Projections – 705.2.3 – Projections within 5-feet of prop line must be non-combustible , ﬁre-rated or heavy timber. Property line adjusted so that deck is > 5’ 1hr Shaft enclosure at basement stair + duct chase, supporting construction protected 1hr separation between Basement + Main Floor (see Chap 5 above) Walls in lower level 1hr from inside, supporting walls in crawl not req'd to be rated Shaft enclosures: 1-hour <4 stories: Elevator shaft, basement stair enclosure + duct chase Opening Protectives: Exit access stairway enclosures: 60-minute Interior Finishes - Chapter 8 Flame Spread: A-2: Exits/Corridors: Class B Rooms + spaces: Class C Fire Protection Systems -- Chapter 9 Automatic Sprinkler systems - Full NFPA 13 system provided Fire Alarm: provided Means of Egress - Chapter 10 First Floor -- Community Hall: O)ice: 3,630sf (gross) @ 1/150 = 24 occ's Storage 90sf(gross) @ 1/300 = 1 occ's Total 25 occ’s (1 exit req’d, 2+ provided) Min component egress: 36-inches Second Floor -- Roof Deck: Deck Seating 1,985sf (net) @ 1/15 = 132 occ’s O)ice 215sf (gross)@ 1/150 = 2 occ's Storage: 145sf (gross) @ 1/300 = 1 occ's Total 135 occ’s (2 exits req’d) Total egress width: 135 * 0.2 (stairways) = 27-inches Min component egress: 44-inches Lower Level: O)ice 1,650sf (gross) @ 1/150 = 11 occ’s Storage/Mech. 740sf (gross) @ 1/300 = 3 occ’s 14 occ’s 1 exit req'd/2 provided Accessibility -- Chapter 11 Accessible route from accessible parking provided. Accessible toilet facilities provided Plumbing Systems -- Chapter 29 Change to lesser use – existing facilities more than adequate. IEBC Accessibility – Section 306 Accessible parking, accessible route to all ﬂoors (elevator) and toilet facilities provided throughout all primary function areas. Level 1 Alterations (throughout) Building Elements – Section 702 All new ﬁnishes to comply with Chapter 8 Level 2 Alterations (lower level new walls) Interior partitions only, no e)ect on life-safety Change of Occupancy (A-2/S to B) Structural 1006 – Existing building designed for 2015 IBC 70psf Snow/175mph Wind Electrical 1007 – No special occupancies Mechanical 1008 – Existing mechanical system adequate Per 1008.1 Code requires new occupancy to comply with IMC if subject to increased mechanical ventilation requirements – A to B would be a decrease – 7.5cfm/person to 5cfm/person per Table 403.3.1.1 Plumbing 1009 – Existing plumbing ﬁxtures adequate (reduction in occupant load) Drinking fountain – one existing kitchen sink (owner choice) to be provided with cup dispenser Fire protection 1011.2 – Existing ﬁre protection systems adequate Means of Egress 1011.5 – Change to lower hazard (existing egress adequate for new use) Height and Area 1011.6 – Change to lower hazard (existing acceptable) Exterior Walls 1011.7 – Equal hazard category (existing acceptable) Vertical Shafts 1011.8 – All existing vertical shafts enclosed (1hr) STREET MAINTENANCE AND USE AGREEMENT THIS AGREEMENT is made and entered into this _______ day of ________________, 2025 by and between FALL RIVER VILLAGE ASSOCIATION, INC., a Colorado nonprofit corporation (the “Association”); and FRVT STREETS, LLC, a Colorado limited liability company (the “FRVT”). The Association and FRVT may be referred to individually as a “Party” and together as the “Parties.” DEFINITIONS For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Agreement shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Agreement as a whole and not to any particular Section; the words “include,” “including,” “includes,” and other words of similar import shall mean “including but not limited to.” In addition to the terms defined parenthetically and/or with quotation marks the following defined terms shall have the meaning herein given: A.“Common Interest Community” shall mean the Real Estate and all improvements now located or subsequently constructed thereon, except the Streets. B.“Covenants” shall mean the Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. C.“Entities” shall mean and include corporations, partnerships, limited liability companies, associations, trusts, and any other legal entity. D.“Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. E.“Lot” shall mean each Lot as described and designated on the Plat except Outlot A. F.“Occupants” shall mean Persons and Entities occupying or using any portion of a Lot or the improvements on a Lot with the consent of the Owner of the Lot. G.“Owners” shall mean the Persons and Entities having an ownership interest in a Lot. Attachment 6 H. “Plat” shall mean the Plat of Fall River Village Townhomes recorded in the office of the Clerk and Recorder on _______________, 2025, at Reception Number _______________. I. “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. J. “Rules and Regulations” shall mean rules and regulations adopted by FRVT governing use of the Streets including the parking areas as shown on the Plat. K. Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. L. “Street Maintenance” shall mean all work performed and materials supplied for the maintenance, repair, replacement, restoration, and improvement of the Streets. Recitals A. FRVT is the owner of the Streets within the Common Interest Community. B. FRVT is a wholly owned subsidiary of the Estes Park Housing Authority, a body corporate and politic organized and existing under the Colorado Housing Authorities Act (“EPHA”). EPHA its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to FRVT, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. C. The Owners and Occupants must use the Streets to obtain access to the Lots. D. The Association is willing to reimburse FRVT for the reasonable costs necessarily incurred in connection with the Street Maintenance. E. It is the intent of the Parties that the Streets forever remain private and therefore nothing contained in this Agreement shall be construed to create a public street, public road, public easement, or public right-of-way. NOW THEREFORE for and in consideration of the mutual promises and covenants herein contained and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the Parties agree as follows: 1. Grant of Easement. FRVT hereby grants, bargains, sells, and conveys to the Association a nonexclusive perpetual easement over, across, and upon the Streets for the purpose of providing access and utilities to each Lot for the use and benefit of the Owners and Occupants of the Lots, their heirs, personal representatives, successors, assigns, tenants, subtenants, guests, invitees, and all other Persons having a right to enter upon, use, or occupy a Lot with the express or implied permission of the Owner of the Lot. 2. Rights Reserved by FRVT. (a) FRVT hereby expressly excepts and reserves to itself and its successors and assigns a non-exclusive perpetual access and utility easements and rights-of-way over, under, across, and upon the Streets and shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, across, and upon the Streets to purchasers of Lots within the Common Interest Community. (b) FRVT shall have the right to grant, bargain, sell, and convey easements and rights-of-way over, under, across, and upon the Streets to any Governmental Authority. 3. Street Maintenance. FRVT shall perform such Street Maintenance as may be necessary or reasonably required to maintain the Streets to a standard comparable to other streets within residential subdivisions within the Town of Estes Park. 4. Reimbursement. The Association shall reimburse FRVT for all costs and expenses incurred by FRVT in performing the Street Maintenance. Any amount due from the Association to FRVT which is not paid within thirty (30) days of the date due shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. 5. FRVT Remedies. In the event of default by the Association in the payment of any amount due to FRVT, FRVT shall have the following remedies, which shall be cumulative and shall not be exclusive of any other rights or remedies which FRVT may have under this Agreement or under applicable law: (a) Action Against Association. FRVT shall have the right to commence an action against the Association to collect any amount due to the Association, plus interest, costs, and attorney’s fees. (b) Enforce the Association Covenants. FRVT shall have the right, but not the obligation, to exercise any and all rights which the Association may have under the Covenants to collect Assessments directly from Owners, which may include, by example, and not limitation, commencing an action against Owners personally to collect the amount due to FRVT, together with interest, costs, and attorney’s fees and recording and foreclosing a lien against the Lots. The parties hereto acknowledge that the Association has the primary obligation to collect Assessments from Owners and to pay the amount due to FRVT in full. 6. Association Remedies. In the event of default by FRVT in the performance of its obligations under this Agreement, the Association shall have the right to an action for specific performance but not damages. 7. Rules and Regulations. FRVT shall have the right to adopt the Rules and Regulations. FRVT shall provide a copy of the Rules and Regulations to the Association. The Association shall be responsible for giving proper notice of the Rules and Regulations to the Owners. In the event of the violation of any of the Rules and Regulations by an Owner or his or her guests or invitees, FRVT shall have the right to assess a fine against any Owner who has or whose guests or invitees have violated the Rules and Regulations in the same manner as the Association can assess fines pursuant to the Declaration and the Association’s policies. 8. FRVT Liability. FRVT, its member, agents, and employees, shall not be liable to the Association, any Owner, Occupant, any guest, or invitee of an Owner for any damage or injury arising out of or as a result of the use of the Streets, except such damage or injury as may be caused by the gross negligence or intentional acts of FRVT, its agents or employees. All claims against FRVT, its managers, members, agents, and employees, for any damage or injury are hereby expressly waived, except such claims as are a result of gross negligence or intentional acts. The Association shall defend, indemnify, and hold harmless FRVT, its managers, members, agents, and employees, and their respective heirs, personal representatives, successors, and assigns, from and against any and all loss, cost, liability, or expense, including reasonable attorney’s fees, arising out of any claim by any Owner, Occupant, or any guest or invitee of an Owner by reason of the use or misuse of the Streets, except such claims as are a result of gross negligence or intentional acts. 9. No Partnership. The parties to this Agreement do not, in any way or for any purpose, become partners of each other, or joint venturers, or member of a joint enterprise with each other. 10. Mutual Cooperation; Good Faith. The Parties agree to cooperate each with the other to effectuate the terms and provisions of this Agreement and to execute any and all additional documents or take such additional action as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. The Parties acknowledge and agree that each Party has an obligation to act fairly, reasonably, and in good faith in exercising their rights and performing their obligations under this agreement. “Fairly” means characterized by honesty and justice; free from favoritism; fair, equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. “Reasonably” means being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment based on consideration of facts and rational arguments. “Good faith” means honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that know circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. 11. Jurisdiction and Venue; Waiver of Jury. This Agreement is made and entered into in Larimer County, Colorado and is governed by and its terms shall be construed under the laws of the State of Colorado. Any action relating to this Agreement shall be brought and prosecuted only in the courts of the County of Larimer, State of Colorado, and each Party waives any right or claim of right to elect or require action to be brought or maintained, or venue changed, to any other place. To the full extent permitted by law, the Parties hereby knowingly, intentionally, and voluntarily, waive, relinquish, and forever forgo the right to a trial by jury in any action or proceeding, including, without limitation, any tort action, based upon, arising out of, or in any way relating to or in connection with this Agreement and any of the related documents, the transactions which are the subject hereof, or any course of conduct, act, omission, course of dealing, statements (whether verbal or written) or actions of any person in connection with this Agreement or the related documents, including, without limitation, in any counterclaim which any Party may be permitted to assert thereunder, whether sounding in Agreement, tort or otherwise. 12. Counterpart Copies; Electronic Delivery: This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed an original, with the same effect as if the signatures were on the same instrument, and all of which, taken together shall constitute one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered by each Party to the other Parties. Delivery of this Agreement by facsimile transmission, email or other electronic means containing the signature of a Party shall be deemed delivery of an original signature. If delivery is so made electronically, the Parties agree, upon the request of either Party to exchange documents bearing the original signatures, but such exchange is not required and delivery electronically shall constitute delivery without regard to subsequent exchange of documents bearing the original signatures. 13. Entire Agreement, Subsequent Modification, Forbearance. This Agreement sets forth the entire understanding between the Parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein. This Agreement may not be modified, amended, supplemented, canceled or discharged, except by written instrument executed by all Parties. No failure to exercise and no delay in exercising, any right, power or privilege under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any provision shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision, nor shall any waiver be implied from any course of dealing between the Parties. No extension of time for performance of any obligations or other acts hereunder or under any other agreement shall be deemed to be an extension of the time for performance of any other obligations or any other acts. The rights and remedies of the Parties under this Agreement are in addition to all other rights and remedies, at law or equity that they may have against each other. 14. Interpretation. In the event an ambiguity or question of intent or interpretation arises, no presumptions or burdens of proof shall arise favoring either Party by virtue of the authorship of any of the provisions of this Agreement. If any word, phrase, sentence, clause, section, subsection or provision of this Agreement as applied to any Party or to any circumstance is adjudged by a court to be invalid or unenforceable, the same will in no way affect any other circumstance or the validity or enforceability of any other word, phrase, sentence, clause, section, subsection or provision of this Agreement, and the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both Parties subsequent to the expungement or judicial reaffirmation of the invalid provision. 15. The Association Owners’ Addresses. The Association shall provide to FRVT the names and addresses of all persons and entities having or acquiring an ownership interest in one or more Lots, within thirty (30) days after the recording of the deed or other instrument evidencing the transfer of title to the Lot. 16. Dispute Resolution. In the event the Parties cannot agree on any given issue arising under this Agreement, such issue must be submitted to mediation. The Parties must first negotiate fairly, reasonably, and in good faith to resolve their dispute for a period of 15 days before submitting the dispute to mediation. If the Parties are unable to resolve their dispute through good faith negotiations within said 15 days, then within 7 days thereafter FRVT shall list the names, contact information, and qualifications of 3 persons that FRVT would be willing to accept as a mediator, and the Association shall have 7 days to select a mediator from the list. FRVT may not list its attorney, accountant, agent, or employee. The selected mediator shall assist the Parties for a period of 7 days in an attempt to resolve their dispute. If the dispute is not resolved by Mediation within 7 days, either Party may file an action in the Larimer County, Colorado District Court to resolve the dispute. All costs and expenses of mediation shall be divided equally between the Parties. Each Party shall pay its own attorney’s fees incurred in connection with mediation. 1. Attorney’s Fees. In the event of any litigation arising out of this Agreement, the Court must award to the Party that substantially prevails in such litigation all court costs and reasonable attorney’s fees. 17. Binding Effect. The terms and provisions of this Agreement shall be covenants running with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any person or entity, by accepting a deed or other instrument by which such person acquires an ownership interest in one or more Lots shall be deemed to covenant and agree to be bound by all of the terms and provisions of this Agreement. [The remainder of this page has been left blank intentionally. Signatures appear on the following page.] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation BY:___________________________________ President FRVT STREETS LLC, a Colorado limited liability company BY:___________________________________ Manager STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of _____________________, 2025, by ________________ as President and FALL RIVER VILLAGE ASSOCIATION, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: ____________________. __________________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this _______ day of ___________________________, 2025, by _________________________ as Manager of FRVT STREETS LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: ____________________. __________________________________ Notary Public 4-27-26 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTION FOR FALL RIVER VILLAGE ASSOCIATION (this "Declaration") is made this ____ day of _________, 2026, by FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company ("Declarant"). Recitals: A.Declarant is the owner of the real property in the Town of Estes Park, County of Larimer, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference ("Real Estate"). B.Declarant desires to create a common interest community on the Real Estate pursuant to the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as it may be amended from time to time (the “CCIOA”). C.The Declarant has caused to be incorporated the Fall River Village Association, Inc., a Colorado nonprofit corporation (the “Association”) under the Colorado Revised Nonprofit Corporation Acts, C.R.S. § 7-121-101, et. seq. as it may be amended from time to time (the “Nonprofit Act”), for the purpose of exercising the functions herein set forth. ARTICLE I. SUBMISSION OF REAL ESTATE The Declarant hereby publishes and declares that the Real Estate shall be held, sold, conveyed, transferred, leased, sub-leased, and occupied subject to the following easements, covenants, conditions, and restrictions which shall run with the land and shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Real Estate or any portion thereof, their heirs, personal representatives, successors, and assigns. ARTICLE II. DEFINITIONS For purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires (a) capitalized terms used in this Declaration shall have the meanings assigned to them where defined parenthetically and/or with quotation marks and shall include the plural as well as the singular; (b) all accounting terms not otherwise defined shall have the meanings assigned to them in accordance with Generally Accepted Accounting Principles applicable at the time; (c) all references in this Declaration to designated Sections are to the designated Sections of this Declaration, and (d) the words “herein,” “hereinabove,” “hereunder,” “hereinafter,” and other words of similar import shall refer to this Declaration as a whole and not to any particular Section. In addition to the terms defined parenthetically and/or with quotation Attachment 7 4-27-26 marks the following defined terms shall have the meaning given in the following Sections of this Article II: Section 1: “Acts” shall mean the CCIOA and the Nonprofit Act. Section 2: “Allocated Interests” shall mean the Common Expense Liability and votes in the Association. Section 3: "Approval" or "Consent" shall mean securing the written approval or consent as required by any provision of this Declaration before doing, making, or permitting that for which such Approval or Consent is required. Section 4: “Assessments” shall mean all Assessments made for General Common Expenses together with all fees, charges, late charges, fines, interest, collection costs, court costs, and attorney’s fees incurred, and assessed by the Association against a Unit and/or the Owner of the Unit. Section 5: “Association” shall mean Fall River Village Association, Inc., a Colorado nonprofit corporation. Section 6: “Board” shall mean the duly elected Board of Directors or Executive Board of the Association. Section 7: “Buildings” shall mean all Buildings presently located on the Real Estate, including but not limited to all Buildings within which Units are located. Section 8: “Clerk and Recorder” shall mean the office of the Clerk and Recorder of the County. Section 9: “Committee” shall mean any committee established by the Board. Section 10: “Committee Member” shall mean any Person appointed by the Board to serve on a Committee. Section 11: “Common Elements” shall mean all of the Common Interest Community except the Lots and Streets. The Common Elements shall include, the Trash Enclosure, the Hot Tub, and the Landscaping all as shown on the Plat, and all other improvements on the Common Elements. Common Elements shall also include the Fire Suppression System. Section 12: “Common Expense Liability” shall mean the liability for General and Limited Common Expenses allocated to each Unit pursuant to this Declaration. Section 13: “Common Interest Community” shall mean the Real Estate, the Buildings, and all improvements now located or subsequently constructed thereon, except the Streets. 4-27-26 Section 14: “Common Utilities” shall mean all utility pipes, wires, lines, conduits, or systems that serve more than one Unit, including but not limited to the Fire Suppression System, which Common Utilities are Common Elements. Section 15: “County” shall mean the County of Larimer, State of Colorado acting by and through its Board of County Commissioners, and all of its departments and offices. Section 16: “Declarant” shall mean FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company, its successors and assigns. Section 17: “Declaration” shall mean this Declaration of Covenants, Conditions, and Restrictions for Fall River Village Association, including any amendments hereto. Section 18: “Director” shall mean a duly elected member of the Board. Section 19: “Exterior Door” shall mean any door that provides access to a Unit from outside of the Building within which the Unit is located. Section 20: “Fair”, “Fairly”, and similar terms shall mean characterized by honesty and justice; free from favoritism; equitable, impartial, unbiased, dispassionate, objective, without prejudice; conforming to a standard of what is right, true, or lawful, despite strong, especially personal, influences; free from undue influence. Section 21: “Fire Suppression System” shall mean the combination of devices and equipment engineered and installed and to be maintained in, on, or about the Buildings to detect and combat fires automatically, which may include smoke detectors, heat sensors, and alarm systems to respond immediately when a fire hazard is detected, deploying suppressants such as water, foam, gas (carbon dioxide or halon to remove oxygen), or dry chemical powders to halt flames and minimize damage. Section 22: “FRVT” shall mean FRVT Streets, LLC, a Colorado limited liability company organized for the sole purpose of owning and maintaining the Streets within the Common Interest Community. Section 23: “General Common Expenses” shall mean and include: (i) expenditures made and liabilities incurred by the Association to maintain, repair, replace, and improve the Common Elements, including but not limited to the Fire Suppression System; (ii) amounts owed to FRVT pursuant to the Street Agreement; and (iii) amounts allocated to the Reserve Account. Section 24: “Good Faith” shall mean honesty, lawfulness of purpose, belief that one’s conduct is not unconscionable or that known circumstances do not require further investigation, absence of fraud, deceit, collusion, or gross negligence. Section 25: “Governing Documents” shall mean the Articles of Incorporation, Bylaws, Rules, Regulations, Policies, and Procedures adopted and amended from time to time by the Association. 4-27-26 Section 26: “Governmental Authority” shall mean the United States; the State of Colorado; the Town; the County; any political subdivision of any national, state, county, municipal, or regional government; any metropolitan district, special district, or special improvement district within which the Common Interest Community is located; any cooperative electric Association, nonprofit electric corporation or Association, renewable energy provider, gas company, telephone company, mobile communication provider, utility franchise, or governmentally regulated, supervised, or licensed public utility that provides utility service to the Common Interest Community; any other governmental entity, agency, authority, subdivision, or district having jurisdiction over the Common Interest Community; and any federal, state, or municipal court having jurisdiction over the Common Interest Community. Section 27: “Home-Based Child Care” shall mean care for children between the ages of zero and six provided by members of a family within the family’s Unit. Section 28: “Home Occupation” shall mean a business or professional activity, including but not limited to Home-Based Child Care, conducted within a Unit by the resident of the Unit that is incidental to the primary residential use and that does not alter the Unit’s character or create significant neighborhood impacts. Section 29: “Identifying Number” shall mean a symbol or address that identifies only one Unit in the Common Interest Community. Section 30: “Individual Utilities” shall mean all plumbing lines and fixtures; heating, air- conditioning and ventilating systems and equipment; furnace and hot water heater; and electrical wires, conduits, systems, and fixtures located within a Unit commencing at the point that the Individual Utilities enter the Unit, except the Fire Suppression System which shall be a Common Element. Section 31: “Landscaping” shall mean all trees, shrubs, grass, plant materials, vegetative cover, gravel, flagstone, walkways, trails, timber staircases, block, rock, and timber retaining walls, fences, and the sprinkler systems. Section 32: “Law” shall mean any statute, code, ordinance, resolution, rule, regulation, policy, licensing requirement, or order of any Governmental Authority. Section 33: “Limited Common Expenses” shall mean reasonable costs and expenses necessarily incurred by the Owners of a Building for the maintenance, repair, replacement, restoration, and improvement of the Building if such maintenance, repair, replacement, restoration, and improvement of the Building is Approved in writing by the Owners of a majority of the votes allocated to the Units within the Building. Section 34: “Lot” shall mean each Lot as described and designated on the Plat except Outlot A. 4-27-26 Section 35: “Member” shall mean a member of the Association. All Owners of an interest in a Unit must be Members of the Association and all Members of the Association must be Owners of an interest in a Unit. Section 36: “Mortgagee” shall mean any Person who has a Security Interest in a Lot that has provided actual written notice of such Security Interest to the Association. Recording of a mortgage, deed of trust, or other Security Interest in the office of the Clerk and Recorder shall not be considered actual written notice to the Association of a Security Interest. Section 37: “Notice” shall mean any notice required or desired to be given pursuant to this Declaration. Unless otherwise provided in this Declaration, all notices shall be in writing and may be personally delivered; posted on the main entrance to the Unit; mailed, certified mail, return receipt requested; sent by a nationally recognized, receipted overnight delivery service; or sent by electronic mail with evidence of transmission. Any such notice shall be deemed given when personally delivered or posted on the main entrance to the Unit; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by electronic mail, on the day transmitted if transmitted on a business day during normal business hours of the recipient (9:00 A.M. to 5:00 P.M., Monday through Friday, except holidays designated by a Governmental Authority) or on the next business day if sent at any other time; or if sent by overnight delivery service, one (1) business day after deposit in the custody of the delivery service for earliest next business day delivery. The addresses and telephone numbers for the mailing, transmitting, or delivering of notices shall be as set forth in the books and records of the Association or if no address is provided to the Association by the Owner, then as set forth in the County Assessor’s records. Notices of a change of address shall be given in the same manner as all other notices as hereinabove provided. If a notice is to be given to more than one Owner, the notice shall be given to all Owners at the same time and in the same manner. The Association shall furnish to an Owner or such Owner's designee or to a holder of a Security Interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board, and every Owner. If no statement is furnished to the Owner or holder of a Security Interest or such Owner’s designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a lien upon the unit for unpaid Assessments which were due as of the date of the request. Section 38: “Officers” shall mean the President, Vice-President, Secretary, Treasurer, and such assistant officers of the Association duly appointed by the Board. Officers must be Directors. Assistant officers must be Members but need not be Directors. Section 39: “Owner” shall mean the Person who owns a Lot but does not include a Person having an interest in a Lot solely as security for an obligation. Section 40: “Party Wall” shall mean a wall within a Building that is common to two Units within the Building. 4-27-26 Section 41: “Person” shall mean a natural person, a corporation, a partnership, a limited liability company, an association, a trust, or any other entity or combination thereof. Section 42: “Plat” shall mean the Fall River Village Townhome Subdivision Plat recorded in the office of the Clerk and Recorder on _______________, 2026, at Reception Number _______________. Section 43: “Promptly” shall mean to act as soon as Reasonably practicable under the facts, circumstances, urgency of the situation, nature of the action, availability of resources, and potential consequences of delay. Section 44: “Real Estate” shall mean the Real Estate described in Exhibit A attached hereto, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land, though not described in the contract of sale or instrument of conveyance, but excluding the Streets. Section 45: “Reasonable”, “Reasonableness”, “Reasonably”, and similar terms shall mean being or coming within the bounds of reason; moderate, not extreme, not excessive, not demanding too much, not absurd, not ridiculous; allowing for a fair result; based on discussion, analysis, sound judgment, and consideration of facts and rational arguments. Section 46: “Reserve Account” shall mean a separate account maintained by and in the name of the Association to provide for the payment of the costs expected to be incurred by the Association in making necessary maintenance, repairs, and replacements to the Common Elements to maintain the Common Elements in good condition. Section 47: “Security Interest” shall mean an interest in real property created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation. “First Security Interest” shall mean a Security Interest in a Lot prior to all other Security Interests except the Security Interest for real property taxes and Assessments made by a Governmental Authority. The recording of any document or instrument in the office of the Clerk and Recorder shall not be considered notice to the Association of any Security Interest created by the recording of such document or instrument. Section 48: “Streets” shall mean the existing Private and Emergency Vehicle Access Easements, together with the parking areas, curbs, gutters, and sidewalks immediately adjacent thereto as described and designated on the Plat as “Outlot A” and commonly known as Filbey Court, Sweet Sage Lane, and Sunny Acres Court. Section 49: “Street Agreement” shall mean the Agreement made and entered into between the Association and FRVT for the use and maintenance of the Streets within the Common Interest Community. 4-27-26 Section 50: “Town” shall mean the Town of Estes Park, Colorado, a municipal corporation, and all of its departments and offices. Section 51: “Unit Boundaries” shall mean the unfinished perimeter walls, floors, and ceiling of a Unit. “Unfinished perimeter walls” shall mean the studs, supports, and other wooden, metal, or similar materials that constitute the structural portion of the perimeter walls of a Unit. “Unfinished floor” shall mean the beams, floor joist, plywood deck, concrete and other similar floor decking material that constitute the structural portion of the floor of a Unit. “Unfinished ceiling” shall mean the beams, floor joists, and other structural components of the ceiling of a Unit. Section 52: “Unit” shall mean a physical portion of a Building which is designated for separate ownership, use, or occupancy. For clarification, there is one (1) Unit on each Lot except Lot 1 which has 8 Units. If any chute, flue, duct, wire, conduit, pipes, or fixtures lies partially within and partially outside of the Unit, any portion thereof serving only that Unit, shall be a Limited Common Element appurtenant to such Unit and any portion thereof serving more than one Unit or serving any portion of the Common Elements shall be a part of the Common Elements. “Unit” shall also include heating, air conditioning, and ventilation fixtures and equipment serving only that Unit and any hot water heater serving only that Unit whether such equipment is wholly within, partially within, or completely outside of the Unit Boundaries. ARTICLE III. COMMON INTEREST COMMUNITY Section 1: Name. The name of the Common Interest Community is Fall River Village Association. Section 2: Association. The name of the Association is Fall River Village Association, Inc. Section 3: County. The name of every county in which any part of the Common Interest Community is situated is Larimer County, Colorado. Section 5: Legal Description. A legal description of the Real Estate included within the Common Interest Community is set forth in Exhibit A attached hereto, excluding, however, the Streets. Section 6: Maximum Number of Lots and Units. The maximum number of Lots and Units that may be created within the Common Interest Community is 18 Lots and 25 Units. Section 7: Boundaries of Lots. The boundaries of each Lot are located as shown on the Plat. Section 8: Identification of Lots. The identification number of each Lot is shown on the Plat. Section 9: Subdivision of Lots and Units. Neither a Lot nor a Unit may be subdivided into two (2) or more Lots or Units. 4-27-26 Section 10: Allocated Interests. The Common Expense Liability shall be allocated among the Units based on the number of square feet within the Unit, and votes in the Association shall be allocated equally among the Units, one (1) vote for each Unit. Section 11: Recording Data. All easements and licenses to which the Common Interest Community is presently subject are set forth on the Plat. In addition, the Common Interest Community is subject to other easements or licenses granted by the Declarant pursuant to the terms of this Declaration. Section 13: Common Elements. The Common Elements consist of the entire Common Interest Community except the Units and the Streets, but specifically including the Fire Suppression System. No Common Elements may be conveyed to any person or entity other than the Owners. ARTICLE IV. ASSOCIATION Section 1: Membership. Every Owner of a Lot shall be a Member of the Association. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the Lot. ownership of a Lot shall be the sole qualification for membership. In the event a Lot is owned by two or more Persons, all such Owners shall be jointly and severally liable for performance of and compliance with all of the terms, covenants, conditions, and restriction contained in this Declaration and the Governing Documents. Section 2: Nonprofit. The Association does not contemplate pecuniary gain or profit to the Members and the specific purposes for which it is formed are as follows: (a) to operate the Common Interest Community; (b) to promote the health, safety, welfare, and common interests of the Owners of Units; and (c) to do any and all permitted acts, and to have and exercise any and all powers, rights, and privileges which are granted to Association under the laws of the State of Colorado, this Declaration, and the Governing Documents. Section 3: Voting Rights and Assignment of Votes. The Owner(s) of each Unit shall have one (1) vote on all matters submitted to the Members for approval. The effective date for assigning votes to Units created pursuant to this Declaration shall be the date on which this Declaration is recorded in the Clerk and Recorder’s Office. Section 4: Powers and Authority. The Association shall have all of the powers, authority, and duties necessary to manage the business and affairs of the Common Interest Community. Section 5: Powers of the Board. The Board shall act in all instances on behalf of the Association. The Board shall have, subject to the limitations contained in this Declaration and the Acts, all of the powers and duties necessary for the administration of the affairs of the Association and the Common Interest Community, which shall include, by example and not limitation, the following: (a) Adopt and amend Bylaws. 4-27-26 (b) Adopt and amend Rules, Regulations, Policies, and Procedures, including by example and not limitation rules and regulations governing use of the Common Elements and policies for collection of unpaid Assessments, enforcement of violations of this Declaration, and/or the Governing Documents, and inspection and copying of Association records. (c) Adopt and amend budgets for revenues, expenditures, and reserves. (d) Collect General Common Expense Assessments from Owners. (e) Hire and discharge Managers. (f) Hire and discharge independent contractors, employees, and agents, other than Managers. (g) Institute, defend, or intervene in litigation or administrative proceedings affecting the Association or seek injunctive relief for violation of this Declaration or the Governing Documents in the Association's name and on behalf of the Association. (h) Make contracts and incur liabilities, including but not limited to the Street Agreement. (i) Acquire, hold, encumber, and convey in the Association's name, any right, title, or interest in or to real or personal property. (j) Impose a reasonable charge for late payment of General Common Expense Assessments and levy a reasonable fine for violation of this Declaration or the Governing Documents. (k) Impose a reasonable charge for the preparation and recordation of supplements or amendments to this Declaration and for statements of unpaid Assessments. (l) Provide for the indemnification of the Directors, Officers, and Committee Members and maintain directors' and officers' liability insurance. (m) Assign the Association's right to future income, including the right to receive General Common Expense Assessments, but only upon the affirmative vote or agreement of the Owners of Units to which at least 70% of the votes are allocated. (n) Grant easements to Governmental Authorities over, under, across, upon, and through the Common Elements as necessary to serve the Common Interest Community. (o) Exercise any other powers conferred by this Declaration and the Governing Documents. (p) Exercise any other power that may be exercised in the State of Colorado by a legal entity of the same type as the Association. 4-27-26 (q) Exercise any other power necessary and proper for the governance and operation of the Association. (r) By resolution, establish permanent and standing Committees consisting of one or more Directors and such additional Members to perform any of the above functions under specifically delegated administrative standards as designated in the resolution establishing the Committee. All Committees established by the Board shall maintain and publish notice of their actions to Owners and Directors. Actions taken by any Committee may be appealed to the Board by any Owner within 30 days of publication of a notice of a decision of the Committee. If an appeal is made, the Committee's action must be ratified, modified, or rejected by the Board at its next regular meeting. Section 6: Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver, a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at such meeting a majority of all Owners (not just a majority of Owners present at the meeting) reject the budget, the budget is ratified whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Section 7: Reserve Account. The Association shall establish and maintain a Reserve Account based on a reserve study to be performed periodically but no less frequently than every five (5) years. ARTICLE V. ASSESSMENT FOR GENERAL COMMON EXPENSES Section 1: Obligation of Owners for General Common Expenses. The Declarant, for each Lot owned, hereby covenants, and each Owner of any Unit by acceptance of a deed to a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the General Common Expense Assessments imposed by the Association. Such Assessments, including fees, charges, late charges, attorney's fees, fines, and interest, charged by the Association shall be the obligation of the Owner at the time the Assessment or other charges become due. If a Lot is owned by two or more Persons, all of the Owners of the Lot shall be jointly and severally liable for all Assessments made against the Lot. The obligation an Owner to pay any past-due sums due the Association shall not pass to a successor in title unless expressly assumed by such successor. Section 2: Amount of Assessment. The amount of the Assessment for the estimated General Common Expenses that must be paid by the Owner of each Lot shall be determined by dividing the total estimated General Common Expenses by a fraction the numerator of which shall be the square footage within the Unit(s) on the Lot and the denominator of which shall be the total number of square feet within all Units within the Common Interest Community. 4-27-26 Section 3: Date of Commencement of Annual Assessments; Due Dates. Annual Assessments shall commence as to all Lots on the first day of the month following the recording of this Declaration in the Clerk and Recorder’s records. The first annual Assessment shall be adjusted according to the number of months remaining in the calendar year. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The Board may, at its discretion, permit annual Assessments to be payable in equal monthly or quarterly installments. Section 4: Owner's Negligence. Notwithstanding anything to the contrary contained in this Declaration in the event that the need for maintenance or repair of the Common Elements is caused by the willful or negligent act, omission, or misconduct of any Owner or by the willful or negligent act, omission, or misconduct of any member of such Owner's family or by a guest, invitee, employee, agent, contractor, or subcontractor of such Owner or any tenant or member of a tenant's family, the costs of such repair and maintenance shall be the obligation of such Owner, and any costs, expenses, and fees incurred by the Association for such maintenance, repair, or reconstruction shall be added to and become part of the Assessment to which such Owner's Lot is subject and shall be a lien against such Owner's Lot as provided in this Declaration. A determination of the willful or negligent act, omission, or misconduct of any Owner or any member of an Owner's family or a guest, invitee, employee, agent, contractor, or subcontractor of any Owner or tenant or member of a tenant's family and the amount of the Owner's liability therefore shall be determined by the Board after notice to the Owner and the right to be heard before the Board in connection therewith. ARTICLE VI. LIEN FOR NONPAYMENT OF GENERAL COMMON EXPENSES Section 1: Lien. All Assessments made or imposed by the Association against a Lot and the Owner of the Lot shall be a continuing lien upon the Lot upon which the Lot against which such Assessments are made or imposed is located. A lien under this Section is prior to all other liens and encumbrances on a Lot, except: (1) liens and encumbrances recorded before the recordation of this Declaration; (2) a First Security Interest in the Lot recorded before the date on which the General Common Expense Assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental Assessments or charges against the Lot. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Lot shall not affect the Association's lien. If the Assessments are payable in installments, each installment is a lien form the time it becomes due. Recording of this Declaration constitutes record notice and perfection of the lien. No further recordation of any claim or notice of lien for Assessments is required. Section 2: Interest, Late Fees, Costs and Attorney’s Fees. Any Assessment provided for in this Declaration or any monthly or other installment thereof which is not fully paid within thirty (30) days after the date due shall bear interest at a rate determined by the Board. In addition, the Board may assess a late charge thereon. Any Owner who fails to pay any Assessment shall also be obligated to pay the Association, on demand, all costs and expenses incurred by the Association, including reasonable attorney's fees, in attempting to collect the delinquent amount. The total amount due to the Association shall constitute a lien on the defaulting Owner's Lot. The Association may bring an action, at law or in equity, or both, against any Owner obligated to pay any amount due to the Association or any monthly or other installment thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the 4-27-26 Association against a delinquent Owner to recover a money judgment for unpaid amounts due to the Association or monthly or other installments thereof may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien. Section 3: Limitation of Lien. A lien for Assessments shall remain valid and enforceable for a period of 6 years after the Assessment becomes due. Section 4: Appointment of Receiver. In any action by the Association to collect Assessments or to foreclose a lien for unpaid Assessments, the Court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending action. The Court may order the receiver to pay any sums held by the receiver to the Association during the pending action to the extent of the Association’s Assessments. Section 5: Foreclosure. The Association’s lien for unpaid Assessments may be foreclosed in like manner as a mortgage against real estate. ARTICLE VII. RESTRICTION ON USE Section 1: Exterior Improvements. No exterior additions to, exterior alterations of, or exterior decoration of a Building, a Lot, a Unit, or the Common Elements shall be made unless approved in writing by the Board. Without limiting the generality of the foregoing, nothing shall be kept or stored within or upon the Lots or Common Elements and nothing shall be placed on or in the windows or doors of a Unit which create an unsightly appearance from the exterior of such Units. Section 2: Violation of Laws. Nothing shall be done or kept in any Unit, on a Lot, or on the Common Elements, or any part thereof, which would be in violation of any Law. A violation of any Law, including but not limited to violation of the Town Municipal Code or the Town Development Code, shall be a violation of this Declaration. Section 3: Damage to Common Elements. No damage to the Common Elements, or any part thereof, shall be committed by an Owner or any agent, employee, guest, or invitee of an Owner, and each Owner shall indemnify, hold harmless, and reimburse the Association and all other Owners from and against all loss, cost, expense and liability arising out of, as a result of, or in connection with any and all damage caused by such Owner, his agents, employees, guests, or invitees. Section 4: Nuisance. No noxious or offensive activity shall be conducted within any Unit, on any Lot, or on the Common Elements which unreasonably interferes with the then existing use of any other Unit. No activity shall be conducted within any Unit, on a Lot, or on the Common Elements which is or might be unsafe, unsightly, unhealthy, or hazardous to any person. Section 5: Use. All Units shall be used solely for residential purposes, except the Units Located on Lots 12 and 18 which may be used for offices, Home-Based Child Care, and other business or commercial uses as permitted by applicable Laws. Home Occupations shall be permitted subject to compliance with Section 5.2.B.2.d(1) of the Estes Park Code pertaining to 4-27-26 Home Occupations as it may be amended. Without limiting the generality of the foregoing, Home Occupations must comply with the following restrictions: (a) Home Occupations must be approved by the Board. (b) A Home Occupation shall not exceed twenty percent (20%) of the floor area of the Unit in which the Home Occupation is located, excluding garage space. This size/area requirement does not apply to Home-Based Child Care. (c) No one other than a resident of the Unit shall be employed on site, report to work at the site, or pick up supplies or products on site in the conduct of a Home Occupation. This prohibition also applies to independent contractors. Home-Based Child Care shall be exempt from this requirement. (d) There shall be no stock-in-trade other than products fabricated by artists and artisans. (e) A Home Occupation shall be conducted entirely within a Unit and not within a parking area. Outdoor play areas are permitted in conjunction with Home-Based Child Care. All loose play items, such as toys and games, shall be stored inside at the close of business each day. (f) Vehicle or equipment sales, rentals, or repairs shall not be conducted as a Home Occupation. (g) Personal and professional services must be provided on an appointment-only basis. (h) No Home Occupation shall include a sales room open to the general public, and no articles shall be exhibited, offered for sale, or sold within the Unit except by prior appointment. (i) There shall be no advertising of the address of the Home Occupation that results in attracting persons to the Unit. (j) There shall be no electrical or mechanical equipment not normally found in a residential structure added to the Unit to accommodate the Home Occupation. The Association may adopt additional Rules and Regulations further restricting the use of the Units. Section 6: Signs. No signs shall be installed or permitted to remain on the exterior of any Lot, Building, or Unit or on the interior of a Unit if such sign is visible from the exterior of the Unit unless such sign is approved in writing in advance by the Board. No sign shall be installed on the Common Elements without the prior, written approval of the Board. One (1) for sale or for rent sign may be placed on a Lot or in the window of a Unit to be visible from the exterior of the Unit. 4-27-26 Section 7: Antennae and Satellite Dishes. No antennae or satellite dishes shall be installed on the roof of a Building, the exterior of any Unit, or the Common Elements without the prior, written approval of the Board. Section 8: Restrictions on Leasing. All leases made and entered into by an Owner after the recording of this Declaration shall be in writing and shall provide that the tenant shall comply in all respects with all of the provisions of this Declaration and the Governing Documents, and that any failure by the tenant to comply with the terms and provisions of this Declaration or the Governing Documents shall be a default under the lease. The Board may require information forms to be completed and security deposits to be made by tenants. Copies of all leases made and entered into by an Owner after the recording of this Declaration shall be provided to the Board prior to commencement of occupancy by the tenant if requested by the Board. The Board may require the insertion of particular provisions in any lease made and entered into by an Owner after the recording of this Declaration. After notice and an opportunity for hearing, the Board may require an Owner to evict any tenant whose lease was made and entered into by an Owner after the recording of this Declaration and who has violated any provision of this Declaration or the Governing Documents and if the Owner fails to commence eviction proceedings with the appropriate court within 30 days after the decision of the Board, then the Board shall have the right, but not the obligation, to evict the Tenant and assess the cost as a special assessment against the Unit and the Owner. ARTICLE VIII. ALTERATION OF UNITS; EASEMENTS FOR ENCROACHMENTS Section 1: Party Walls. An easement shall be and is hereby established on the Lots for all Party Walls. To the extent not inconsistent with the provisions of this Declaration, the general rules of law in Colorado regarding Party Walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls. Each Owner shall be responsible for the reasonable maintenance and care of that portion of a Party Wall located on such Owner’s Property. No Owner shall undertake any work on such Owner’s Lot if such work would jeopardize the soundness or safety of the Party Wall, reduce the value thereof, or impair this Party Wall Easement without the consent of the other Owner. If a Party Wall is destroyed or damaged by fire or other casualty, either Owner may restore the Party Wall, and the other Owner shall contribute such Owner’s proportionate share of the cost of such restoration. Restoration of the damaged Party Wall shall be to substantially the same condition as existed prior to the damage. Nothing herein contained shall prejudice the right of either Owner to require a larger contribution from the other Owner based upon the negligence or willful acts or omissions of such Owner, or such Owner’s family members, tenants, guests, or invitees. An Owner may act without obtaining prior consent of the other Owner in emergency situations. After acquiring an adjoining Unit, an Owner may remove or alter any intervening Party Wall or create openings or apertures therein, if such acts do not impair the structural integrity, electrical or mechanical systems, or lessen the support of any portion of the Building. Removal of a Party Wall under this Section is not an alteration or relocation of Lot boundaries. Notwithstanding the combination of two Units, the resulting Unit shall nonetheless continue to be considered two Units for Voting purposes. Section 2: Alteration of Units. An Owner may make any improvements or alterations to the interior of such Owner’s Unit that do not impair the structural integrity, the electrical or 4-27-26 mechanical systems, or lessen the support of any portion of the Building. Section 3: Encroachments. A valid easement shall exist for the following encroachments and for the maintenance of the same: (a) in the event that any portion of a Unit encroaches upon any adjacent Lot or Lots; or (b) in the event that any portion of a Unit encroaches upon the Common Elements; or (c) in the event any encroachment shall occur in the future as a result of settling of a Building or repair or restoration of the Building or an adjacent Unit after damage by fire or other casualty or condemnation or eminent domain proceedings. In the event that any one or more of the Units or a Building are partially or totally destroyed and are then rebuilt or reconstructed in substantially the same location, and as a result of such rebuilding, any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall exist. Such encroachments and easements shall not be considered or determined to be encumbrances, either on the Common Elements or on the Lots, for purposes of marketability of title or other purposes. In interpreting any and all provisions of this Declaration, subsequent deeds to, and/or mortgages of Lots, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved, or encumbered, notwithstanding any minor deviations, either horizontally or laterally from the locations of such Units indicated on the Plat. Section 4: Blanket Easement. There is hereby created a blanket easement upon, across, over, and under the Lots for ingress and egress to and from each Unit from the Streets and for installing, replacing, repairing, and maintaining all Common Elements, including the Buildings, the Fire Suppression System, and all utilities such as water, sewer, gas, telephone, electricity, and television. By virtue of this easement, it shall be expressly permissible for the providing of electrical, telephone and/or television wires, circuits, and conduits on, above, across, and under the roof and exterior walls of the Units. No sewer lines, electrical lines, water lines, or other utilities may be installed or relocated on the Real Estate, except as initially installed or as subsequently approved by the Board and for the installation by the Declarant of submetering of the water line for the two Units on Lot 17 and for the Units on Lot 13 and 14. The Association, its officers, agents, employees, and assigns, shall have the right to make such use of the Common Elements as may be reasonably necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration. Section 5: Emergency Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Real Estate in the performance of their duties. Section 6: Fire Suppression System: There is hereby created a blanket easement upon, over, under, across, in, and through the Buildings and all Units for the purpose of installing, replacing, repairing, maintaining, and improving the Fire Suppression System. ARTICLE IX. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICATION No labor performed or materials furnished and incorporated in a Unit or on a Lot with the consent of or at the request of the Owner thereof, such Owner’s agents, contractors, or subcontractors, shall be the basis for filing a lien against the Unit or Lot of any other Owner not 4-27-26 expressly consenting to or requesting the same or against the Common Elements. Each Owner shall indemnify and hold harmless all other Owners and the Association from and against all liability arising from the claim of any lien against the Unit or Lot of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in the Owner's Unit or Lot at such Owner's request. Notwithstanding the foregoing, any Mortgagee of a Lot who shall become the Owner of such Lot pursuant to a lawful foreclosure sale or the taking of a deed in lieu of foreclosure shall be under no obligation to indemnify and hold harmless any other Owner or the Association against liability for claims arising prior to the date such Mortgagee becomes an Owner. ARTICLE X. RESERVATION FOR ACCESS, MAINTENANCE, REPAIR, AND EMERGENCIES Section 1: Access to Units. The Association shall have the irrevocable right to be exercised by the Association's Board, Officers, managing agent, employees, and contractors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair, or replacement of any of the Common Elements, including but not limited to the Fire Suppression System, therein or accessible therefrom or at any hour for making emergency repairs, maintenance, or inspection therein necessary to prevent damage to the Common Elements, including but not limited to the Fire Suppression System, and/or to another Unit. Section 2: Damage to Unit. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the insistence of the Association shall be a General Common Expense; provided, however, that if the damage is caused by the negligent or tortuous acts of an Owner, such Owner’s agents, employees, invitees, or tenants, then such Owner shall be responsible and liable for all of such repair and the cost thereof shall become said Owner's obligation, which shall be timely paid. Said obligation shall be an Assessment against said Owner and such Owner’s Unit and shall be subject to the provisions for collection elsewhere herein provided. All damaged improvements shall be restored substantially to the extent reasonably practical to the same condition in which they existed prior to the damage. All maintenance, repairs, and replacement of the Common Elements, whether located inside or outside of the Units, shall be the General Common Expense of all of the Owners (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). However, the Association shall not be obligated to seek redress for damages caused by a negligent Owner, and this covenant shall not abrogate the insurance provisions of this Declaration. ARTICLE XI. MAINTENANCE RESPONSIBILITY Section 1: Maintenance of the Units. (a) For maintenance purposes, an Owner shall maintain and keep in good repair and condition at all times such Owner’s Unit, which shall include by example and not limitation, all improvements within the Unit Boundaries, the windows and Exterior Doors, including window and door casings; the interior non-supporting walls, floors, and ceilings of the Unit; the materials such as, but not limited to, plaster, gypsum drywall, paneling, wallpaper, paint, ceiling, wall and floor tile 4-27-26 and flooring, carpet, and other materials which make up the finished surfaces of the interior of the Unit Boundaries; interior doors; exterior shutters, awnings, window boxes, storm doors, storm windows, patio doors, if any, appurtenant to each Unit; exterior heating, ventilating, or air conditioning fixtures and equipment serving the Unit; and all other fixtures and equipment designated to serve the Unit but located outside of the Unit Boundaries of such Unit. All maintenance, repairs and replacements of Exterior Doors, exterior windows and all other fixtures, equipment and surface materials visible from the exterior of a Unit shall be of substantially the same architectural style, design, color, material, and quality as existed immediately prior to the maintenance, repair or replacement. (b) An Owner shall also maintain and keep in good repair at all times all Individual Utilities appurtenant to such Owner’s Unit commencing at the point that the Individual Utilities enter the Unit. An Owner shall not be deemed to own and shall have no obligation to maintain or repair any Common Utilities running through such Owner’s Lot or Unit, which Common Utilities are Common Elements to be maintained by the Association. Common Utilities shall not be disturbed or relocated by an Owner without the prior written consent and approval of the Board. An Owner shall do no act or work that will impair the structural soundness or integrity of the Building in which the Unit is located or impair the proper functioning of the Common Utilities, or impair any easement. Section 2: Maintenance of the Buildings. The Owners of the Lots upon which a Building is located shall have the duty, obligation, and responsibility of maintaining, repairing, restoring, improving, and replacing the Building located on their Lots, except to the extent that an Owner is required to maintain such Owner’s Unit as provided in Section 1 of this Article XI. The costs of maintenance and repair of the Building shall be Limited Common Expenses and shall be allocated among the Owners of the Units within the Building in the same manner as General Common Expenses are allocated, pro rata based on the square footage of each Unit within the Building (unless necessitated by the negligence, misuse, or tortuous act of an Owner, in which case such expense may be charged to such Owner). Buildings must be maintained, repaired, restored, improved, and replaced to standards established by the Board. (a) Limited Common Expenses. It shall be the duty of each Owner of a Unit within a Building to pay such Owner’s proportionate share of all Limited Common Expenses allocated to such Unit. Unpaid Limited Common Expenses shall bear interest from the date due until paid at the rate of eight percent (8%) per annum. In addition, any Owner who fails to pay such Owner’s proportionate share of the Limited Common Expenses when due (“the Defaulting Owner”) shall be obligated to pay all costs and expenses, including reasonable attorney’s fees, incurred by the non-defaulting Owner(s) of Units within the Building in collecting any delinquent Limited Common Expenses. The total amount due from the Defaulting Owner, including unpaid Limited Common Expenses, interest, costs, and attorney’s fees, shall be a lien on the Defaulting Owner’s Lot which lien may be enforced by the non-defaulting Owners of Units within the Building in the same manner as the lien for General Common Expenses may be enforced as provided in Article VI of this Declaration. (b) Right to Maintain. Any Owner of a Unit in a Building shall have the right, but not the obligation, to maintain, repair, renovate, and improve the Building, and shall pay all 4-27-26 costs and expenses incurred as a result of any maintenance, repair, renovation, or improvement of the Building, except to the extent that such costs and expenses are Limited Common Expenses. ARTICLE XII. ADDITIONS, ALTERATIONS, AND IMPROVEMENTS TO GENERAL COMMON ELEMENTS Except for regularly scheduled maintenance, repair, or replacement of the Common Elements and except in the event of an emergency, there shall be no capital additions, alterations, or improvements of or to the Common Elements made by the Association requiring an expenditure in any calendar year in excess of an amount equal to twenty-five percent (25%) of the Association's then-current annual budget except by vote of Owners of Units to which 67% or more of the votes in the Association are allocated who are present in person or by proxy at a meeting called for such purpose at which a quorum is present. The limitations set forth above shall not apply to repair in the event of damage, destruction, or condemnation. ARTICLE XIII. INSURANCE Section 1: Liability Insurance. The Association shall maintain public liability and property damage insurance in such limits as the Board may from time to time determine. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance, and other use of the Common Elements. Said policy shall also contain a “severability of interest” endorsement. Coverage under such policy shall include, without limitation, legal liability of the Association for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Common Elements and legal liability arising out of lawsuits related to employment contracts of the Association. If required by a first Mortgagee or an insurer or guarantor of a first mortgage, such insurance shall also include protection against such other risks as are customarily covered with respect to s similar in construction, location, and use. Section 2: Worker's Compensation Insurance. The Association shall maintain worker's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 3: Officers' and Directors' Insurance. To the extent such insurance can be obtained at reasonable cost, the Association shall maintain blanket fidelity bonds for all officers, directors, and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. If the managing agent has the responsibility for handling or administering funds of the Association, the managing agent shall be required to maintain fidelity bond coverage for its officers, employees, and agents handling or responsible for funds of or administered on behalf of the Association. Such fidelity bonds shall name the Association as an obligee and shall be in such amount as may be determined by the Board. Such bonds shall contain waivers by the issuers thereof of all defenses based upon the exclusion of persons serving without compensation from the definition of employees or similar terms or expressions. The premiums on all bonds required hereunder, except those maintained by the managing agent, shall be paid by the Association as a General Common Expense. 4-27-26 ARTICLE XIV. AMENDMENT Section 1: Amendment by Declarant. The Declarant may amend this Declaration without the consent or approval of the Owners or Mortgagees to correct clerical, typographical, or technical errors; to comply with applicable Laws; or to comply with technical requirements, standards, or guidelines of recognized secondary lenders. Section 2: Amendment by Association. This Declaration may be amended or terminated by vote or agreement of Owners of Units to which 67% or more of the votes in the Association are allocated. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf of the Association by any Officer of the Association designated for that purpose or, in the absence of such designation, by the president of the Association. The expenses associated with preparing and recording an amendment to this Declaration shall be a General Common Expense. No action to challenge the validity of an amendment to this Declaration may be brought more than one (1) year after the amendment is recorded. ARTICLE XVI. GENERAL PROVISIONS Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings at law or in equity against those persons or entities violating or attempting to violate any covenant, condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of removing a violation, restraining a future violation, for recovery of damages for any violation, or for such other and further relief as may be available. Such judicial proceedings may be prosecuted by an Owner or by the Association. In the event it becomes necessary to commence an action to enforce this Declaration, the court must award to the party that substantially prevails in such litigation, in addition to such damages as the Court may deem just and proper, an amount equal to the court costs and reasonable attorney's fees incurred by the party that substantially prevails in such litigation. The failure to enforce or to cause the abatement of any violation of this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued violation, whether such violation shall be of the same or of a different provision of this Declaration. Section 2: Duration. this Declaration shall run with the land, shall be binding upon all persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein. Section 3: Management of the Common Areas. The Association may obtain and pay for the services of a managing agent to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper management, operation, and maintenance of the Common Elements; provided, however, that any contract in regard to the hiring or employing of such a managing agent or other personnel shall not be for a term in excess of three (3) years and shall provide that the same shall terminate on sixty (60) days' written notice, with or without cause, and without payment of any termination fee. Section 4: Conflict. In the event of any conflict between the terms and provisions of the Acts and the terms and provisions of this Declaration, the terms and provisions of the Acts shall 4-27-26 control. In the event of any conflict between the terms and provisions of this Declaration and the terms and provisions of any other Governing Document, the terms and provisions of this Declaration shall control. Section 5: Time. In computing any period of time prescribed or allowed by this Declaration, the date of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday as declared by a Governmental Authority. For purposes of this Declaration, a day shall end at 5:00 P.M. Section 6. No Right of Action Against the Association or Board. No person shall obtain by virtue of this Declaration any right or cause of action against the Association or the Board arising as a result of the enforcement or lack of enforcement of this Declaration. Section 7. Disclaimer Regarding Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Common Interest Community that are designed to make occupying the Common Interest Community more secure than it otherwise might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of security within or around the Common Interest Community, nor shall any of them be held liable for any loss or damage by reason of failure to provide security or by reason of the ineffectiveness of any security measures that might be undertaken. No representation or warranty is made that any fire suppression system, burglar alarm system, or other security system cannot be compromised or circumvented, or that any such systems or security measures undertaken will in any case prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and covenants to inform all of such Owner's tenants, guests, and invitees of the terms of this Section 7. Further, each Owner expressly agrees that he or she assumes all risks of loss or damage to persons and to property resulting from the acts or omissions of third parties. Section 8. Disclaimer Regarding Naturally Occurring Radioactive Material Disclosure And Release. In certain locations above average levels of naturally occurring radioactive material ("NORM") have been detected. Declarant has not made, nor does this Declaration make or contain, any representation or warranty, express or implied, concerning the presence, absence, or level of NORM in the soil beneath or adjacent to the Building. Section 9. Disclaimer Regarding Radon. The United States Environmental Protection Agency (the '"EPA'') has detected elevated levels of naturally occurring radon gas in certain structures throughout Colorado and the EPA has voiced concerns about the possible adverse effects on human health from long term exposure to high levels of radon gas. Neither the Association nor the Declarant is qualified to evaluate all aspects of this very complex and constantly changing issue. Any Owner may conduct such Owner’s own investigation and consult with such experts as the Owner deems appropriate in order to determine the level of radon gas in such Owner’s Unit, and to determine any mitigation the Owner desires to implement at the Owner's sole cost, risk and expense. Owners acknowledge that the Association is under no obligation with respect to the radon gas levels detected in the Owner’s Unit and nothing contained herein shall create or be interpreted as a representation or warranty, express or implied, 4-27-26 concerning the presence or absence of radon in the soils beneath or adjacent to the Buildings. Each Owner hereby releases the Association and the Declarant from any and all liability with respect to the matters discussed in the foregoing disclosure. Section 10. Disclaimer Regarding Mold Related Hazards. The presence of some types of mold may cause health problems in certain individuals. The Owners acknowledge that neither the Declarant nor the Board shall be responsible for the potential or actual existence of mold contamination in a Unit, or any resulting injury. All Owners with concerns about the likelihood of mold in a Unit and the potential impacts of mold are directed to the mold informational pamphlets maintained by the EPA for additional information regarding mold. Section 11. Governmental Immunity. Estes Park Housing Authority is a body corporate and politic organized and existing under the Colorado Housing Authorities Act, its subsidiaries, affiliated entities, managed entities, entities in which it has an ownership interest, departments, boards, commissions, committees, officers, employees, and officials, including but not limited to Declarant, are immune from liability for death of or injury to persons and damage to property for all claims which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant by the provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as construed and interpreted by the Colorado Court of Appeals in Martinez v. CSG Redevelopment Partners LLLP, 469 P.3d 491 (Colo App 2019). Nothing contained in this Declaration shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the Colorado Governmental Immunity Act. Section 12: Good Faith. All decisions to be made and all actions to be taken pursuant to the terms and provisions of this Declaration and the Governing Documents shall be made and taken Fairly, Reasonably, and in Good Faith. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. FALL RIVER VILLAGE ESTES LLC, a Colorado limited liability company By: Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, its sole member By: Scott L. Moulton, Executive Director STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) 4-27-26 The foregoing instrument was acknowledged before me this ____ day of _________, 2026, by Scott L. Moulton, Executive Director of Estes Park Housing Authority, a body corporate and politic under the laws of the State of Colorado, sole member of FALL RIVER VILLAGE ESTES, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public Fall River Village II Final Plat Town Board August 25, 2026 Proposal Sample Motions I move for the approval/denial of Resolution 89-26. 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: Paul Hornbeck, Senior Planner Department: Community Development Date: August 25, 2026 Subject: Habitat for Humanity Fee Waiver Request Type: Action Objective: Consider a request from Habitat for Humanity to waive building permit and plan review fees for five houses. Present Situation: Habitat for Humanity received approval of the Raven Subdivision in March, 2024, which included five single-family lots. Thus far two building permits have been issued, with one home completed and another under construction. Habitat for Humanity is requesting fee waivers for the building permits for all five lots. A single-family home is typically subject to various fees, including: • Water Division - $13,109 tap fee. • Upper Thompson Sanitation District - $19,100 system development and permit fees. • County Use Tax –1.05% of 50% of the project valuation. • Fire District – $500 plan review fee • Town/Safebuilt - Building permit fee formula varies based on valuation, but equates to approximately 0.7% (seven tenths of one percent) of the project valuation. • Town/Safebuilt Plan Review fee – 50% of building permit fee. As a non-profit, Habitat for Humanity is not charged the use tax. Proposal: Habitat for Humanity has requested the Town waive building permit and plan review fees for five single-family homes on Lots 1-5, Raven Subdivision. The total amount of the waiver is estimated to be approximately $19,000; however, the exact amount of fees can only be determined once a permit application is received due to fees being based on the valuation of the work. Two permits totaling $7,052 have already been issued and would thus require reimbursement should the Board approve the request. Community Development Policy 402 (Attachment #2) establishes a policy for reduction of fees in support of community needs, including attainable housing. The policy establishes Town Board as the decision-making body for waiver requests greater than $3,000 per attainable housing unit. The policy provides the following criteria for attainable housing: 1. A critical service is being provided. 2. The permitted project or building will serve or support a currently underserved and needy segment of the community. 3. The population being served is the general public and is not subject to any pre- qualification other than a needs-based (attainability) qualification, or (in the case of housing) a local employment (workforce) qualification. 4. Attainable or workforce housing is deed restricted. 5. In the case of housing, a project meets the attainable or workforce incentive criteria in Sec 11.4 of the Estes Park Development Code. Criteria #1 and #2 are somewhat subjective but staff views those criteria as met. Criteria #3-5 are more objective and have been satisfied. However, the request does not appear fully eligible for a fee waiver due to the stipulation that direct expenses from outsourcing are not eligible for fee waivers, “Projects meeting these criteria may be exempted from some or all Community Development Department fees, e.g., building permit fees, development review fees, and sign code fees (except for direct expenses incurred in outsourcing).” The Town’s building division services are outsourced to SAFEbuilt, a third-party contractor. Those services include review of all building permits and associated inspections. The Town’s contract with SAFEbuilt specifies SAFEbuilt retains 90% of plan review and building permit fees as payment for their services. As such, 90% of the fees do not appear eligible for a fee waiver and should Town Board waive those fees, the Town would still be obligated to pay SAFEbuilt. The Town does not have any money budgeted for incurring such an expense. Advantages: • Waiving fees will support construction of attainable housing. Disadvantages: • Waiving any fees that are direct expenses incurred in outsourcing building services to SAFEbuilt appears in violation of policy 402. • The Town will be obligated to pay SAFEbuilt for any waiver beyond 10% Action Recommended: Staff recommends Town Board approve a fee waiver of 10%. Finance/Resource Impact: A fee waiver of up to 10% would be a loss of Town revenue. Any fee waiver over 10% would create an additional expense with the Town being obligated to reimburse SAFEbuilt. Level of Public Interest: Staff anticipates low level of public interest in this item. Sample Motions: 1. I move to approve a partial fee waiver for 10% of the building permit and plan review fees for construction of single-family homes on the subject lots. 2. I move to deny the fee waiver request. Attachments: 1. Fee Waiver Request 2. Community Development Policy 402 1ft ~t~!!~?,, of th e E. tes Valle March 4, 2026 Steve Carcccia, Community Development Director Town of Estes Park l 70 MacGregor A venue Estes Park, CO 80517 Re: Fee Waiver request, Raven Subdivision Dear Mr. Carcccia; P 0 . Hox 27 -1 5 f .,t e-. l ';ir k , l( '0 ~'1 7-27 -t S I' ,on •: 970 -:-6-(11 We are writing to you today to request your support for building pennit and plan review fee waivers for our affordable housing prqject on Raven Avenue (Raven Subdivision). The total amount of this waiver request is $19,000. Habitat for Humanity of the St. Vrnin Valley provides affordable homeownership opportunities to those at 80% AMI or below. Applicants arc selected after a lengthy screening process that involves demonstration of need, ability to repay an affordable mortgage, and willingness to partner. When the home is complete they close on the home and pay back a no-profit, affordable mortgage that Habitat uses to build the next house. Habitat will build a total of five (5) houses on this site. The first home was completed last month and the second home is scheduled to start in a few weeks. We are planning to break ground on the third house this fall. Based on the fees for the first home (attached), we cstin,ate the foes for all five homes to total $12,000 for building permits and $7.000 for plan review fees. Habitat is requesting waiver of 100% of the building permit fees ($12.000) and 100% of the plan review fees ($7.000). We also question whether we should be charged for the Use Tax, since we are a tax-exempt organization (certificate attached). Please let us know if you need any additional information. We look forward to serving the Estes Park community and appreciate your consideration of this request. Thank you! Dav id C Emerson Executive Director Attachments B u il ding . I r >ngth. ·,a ili11· 111 I.· ·If eli 111 ·e Th rou ,/J. 'helter ' Attachment 1 E s T E s D. p A R K C O L O R A D 0 Town of Estes Park 170 MacGregor Ave, Suite 230, Estes Park , CO 80517 Phone: (970) 577-3726 Fax: (970) 586-0249 24-EP-00380: New Single Family Residence Date Issued : 11/29/2024 Property Owner: Habitat For Humanity of the St. Vrain Valley Expiration Date: 05/28/2025 Mailing Address: Job Site Address: 1750 Raven Ave P .O. Box 333, Longmont , CO 80502 Category: Residential New Phone: (303) 946-5190 Permit Type: New Single Family Residence Email: demerson@stvrainhabitat.org Valuation: $300,000.00 Description of Work: New 1216 sft detached single-family residence . Subdivision: Required Setbacks : Parcel ID: 2520316902 North : South : East: West: Filing : Front: Back : Right: Left : Lot: Actual Setbacks : Block : North: South : East: West: Total Sq Ft: Front: Back : Right: Left : Contractors Fees Primary CMS Planning ; (970) 231-6200 Water $1 3,109 .00 t Building Permit Fees , .______ $2 ,113 .75 Use Tax ,$1:~ Plan Review $1,056 .8 8 Total Fees $17,479.63 Signature of Appli cant/Date Building Dep artm ent Sign ature/11/2 9/2024 MUST BE POSTED ON JOB SITE RAVEN AVENUE SUBDIVISION HABITAT FOR HUMANITY FEE WAIVER CHART Draft 2/12/2024 TYPE OF FEE PER UNIT COST PROJECT TOTAL PLANNING, L.O .C., IMP . AGREEMENT FEES? $ -$ - BUILDING PLAN REVIEW FEES $ 1 ,057 $ 5 ,284 BUILDING PERMIT $ 2 ,114 $ 10 ,569 CERTIFICATE OF OCCUPANCY $ 200 $ 1,000 ELECTRIC SERVICE FEES $ 12 ,000 $ 60 ,000 WATER TAP FEES $ 13 ,109 $ 65 ,545 SEWER TAP FEES $ 13 ,088 $ 65,440 TOTAL $ 207 ,838 Confidential 6/2/2 02 6 Page 1 Attachment 2 5tr Habitatfor Humanity6Humanity8 of the St. Vrain Valley August 21,2026 Dearfriends of Dan and Sara, Habitat for Humanity celebrates 50 years in 2026. We're honored that Sara and Dan are sharing their anniversary with us. Blessings and Congratulations as you celebrate and deep gratitude for your generosity! Habitat seeks to put God's love into action by bringing people together to build homes, hope and community. Affordable home ownership is the foundation of strong communities. Neighbors like you make building Habitat homes possible. Thank you, sincerely, for all you do to build homes, hope and community in Estes. St. Vrain Habitat is approaching our 38th year and merged with the Estes Habitat affiliate in 2017. Together we've built 18 homes throughout Estes including one rehab and 17 new builds. Eligible Estes Habitat Applicants earn between 30% and 80% of the Area Median Income and are Estes residents. Homeowners pay an affordable mortgage based on 30% of their income, complete financial literacy courses and contribute 250 hours each of service, 'sweat equity' toward building their home. Healthcare and Education are the two most common employment industries of homeowners. Applications are open year-round and folks can reach out to the Housing Authority or directly to us for more information. Currently we're building the 2nd of 5 single family homes at our Raven development Raven just down the block from Ace Hardware off of Big Thompson. Volunteers are invited to register to build with us Fridays and Saturdays 8-3, and are always welcome to support in other ways. Lunches, snacks and donations are always helpful. Our future site at Coyote run will be 8 homes. While the land is now entitled, the project remains to be fully funded. We rely on USDA Rural Development Direct Construction Loans, foundation and community grants and the generosity of individuals fund our builds. for building homes, hope and community together with us in Estes. David Emerson Executive Director Habitat for Humanity of the St. Vrain Valley | PO BOX 333, Longmont, CO 80502-0333 tel (303) 682-2485 stvrainhabltat.org Habitat for Humanity of the St. Vraln Valley ReStore 11351 Sherman Dr., Longmont, CO 80501 tel (303) 776-3334 Equal Housing Opportunity Handout Provided at Meeting 2026-08-25 5tr Habitat for Humanity8 of the St. Vrain Valley 6IBSL.jUdsei" The first of 5 homes at Raven, January 2026 %^;^S;Y{:^ •':'<-'^:'h •;<s^lIf;-/•:'•'"'. i''.!^w.w«ii^^v^-•^ ^•^^"^^-.^ -^^^''^^•v^ Q MarKetRateLo(s(3) h"D Affordable lots under Habitat's Program (6) Coyote Run Concept Plan Habitat for Humanity of the St. Vraln Valley | PO BOX 333, Longmont, CO 80502-0333 tel (303) 682-2485 stvralnhabitat.org Habitat for Humanity of the St. Vrain Valley Restore 11351 Sherman Dr., Longmont, CO 80501 tel (303) 776-3334 Equal Housing Opportunity CONSTRUCTION Established in 1988, St. Vrain Habitat builds in the St. Vrain and Estes Valleys. St. Vrain Habitat maintains the lowest cost-of- construction for a single family home among all local housing developers, both commercial and non-profit. We rely on individuals, churches, corporate groups, schools, social clubs and more to volunteer on a build site. No experience necessary Habitat provides all the tools/training Learn new and practical skills Meet people in your community Reach out to register yourself or your group for a build day! f. MISSION: Seeking to put God's love into action, Habitat for Humanity brings people together to build homes, communities, and hope. VISION: A world where everyone has a decent place to live. WHO WE ARE: Habitat for Humanity partners with people in your community, and all over the world, to help them build or improve a place they can call home. Habitat homeowners help build their own homes alongside volunteers and pay an affordable mortgage. With your support. Habitat homeowners achieve the strength, stability and independence they need to build a better life for themselves and for their families. BUILD WITH US! VOLUNTEER SHOP GIVE FOLLOW0 BUILD A BETTER FUTURE 5*r Habitat for HumanityHumanity" of the StVraJnVaiiev stvrainhabitat.org 303-682-2485 Office: 303 Atwood St Restore: 1351 Sherman St. P.O. Box 333 Longmont, CO 80502-0333 Handout Provided at Meeting 2026-08-25 FHOMEOWERSHIP ^^ ELIGIBILFTY:0 ® © CLEAR HOUSING NEED Inadequate housing, unsafe neighborhood, overcrowded, inattentive landlord, unable to qualify for conventional financing WILLINGNESS TO PARTNER Attend orientation, meet deadlines, attend classes once selected, complete 250- 500 "sweat equity" hours ABILITY TO PAY Able to save $500-1000 for closing costs, meet income guidelines, make house payments at 27-30% of monthly income INTERNATIONAL To date. St. Vrain Habitat has raised over $1 million for the building of more than 300 homes around the world. Our current Global Village partners are: Jordan, Lesotho, Bolivia, and Nepal. ^Habitat for Humanity oftheSl.VrainValleyReStore FURNITURE. TOOLS. HARDWARE. APPLIANCES. BUILDING SUPPLIES. AND SO MUCH MORE! ReStore sells low-cost home improvement goods to the public. Proceeds from Restore sales support the building of affordable homes. Your purchases and donations build a better future for families in our community and globally. 1351 Sherman Dr, Longmont, 80501 303-776-3334 www.stvrainhabitat.org/restore SHOP: Tuesday-Saturday 10am-6pm DONATE: Wednesday-Saturday 10am-5pm 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: Town Clerk Williamson Department: Town Clerk Date: August 25, 2026 Subject: Estes Park Housing Authority (EPHA) Board of Commissioners Appointment Process Type: Report and Discussion No packet material will be provided for this item. 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. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Ian Stewart, Chief of Police Department: Police Department Date: August 25, 2026 Subject: Expansion of the Police Department Take-Home Vehicle Benefit Program Objective: To present proposed changes to the EPPD Take-Home Vehicle Program for eligible sworn officers. Present Situation: EPPD currently permits eligible sworn officers to take assigned patrol vehicles home when they reside within the R-3 boundary. Officers residing outside the R-3 boundary are not currently eligible for the take-home vehicle benefit. EPPD continues to experience significant recruitment challenges and has not successfully recruited a new police officer since April 2025. Staff reviewed take-home vehicle programs offered by regional and competing law enforcement agencies as one component of EPPD's overall recruitment and retention strategy. Of the 16 agencies reviewed, 15 offer take-home vehicles. Most permit officers to reside substantially farther from their jurisdiction than EPPD's current R-3 limitation. EPPD's defined market agencies for non-exempt sworn patrol also provide take-home vehicles, including Boulder, Fort Collins, Longmont, Larimer County, Boulder County, and Loveland. Proposal: Staff proposes a controlled expansion of the existing Take-Home Vehicle Program to allow eligible sworn officers residing beyond the R-3 boundary to participate. The proposed program would: • Maintain existing officer residency requirements. • Maintain the R-3 boundary as the no-charge take-home area. • Allow eligible officers outside R-3 to participate. • No personal use outside the R-3 boundary. • Require officers outside R-3 to contribute toward incremental commuting costs. • Establish bi-weekly employee contributions based on distance beyond the R-3 boundary: o 0–10 miles: $15 per pay period. o 11–20 miles: $25 per pay period. o 21–30 miles: $35 per pay period. • Verify participating officers' mileage annually and following an address change. • Review participation, operating costs, fuel prices, and employee contribution levels annually. Based on current staffing, 10 officers residing outside the R-3 boundary would be eligible to participate. Estimated employee contributions would total approximately $8,580 annually. Advantages: • Recruitment: Strengthens EPPD's employment package and improves competitiveness with regional law enforcement agencies. • Retention: Provides a meaningful benefit to current officers who live outside the R-3 boundary. • Emergency Readiness: Officers responding from home would have immediate access to a marked, fully equipped patrol vehicle. • Mutual Aid: Improves officers' ability to respond directly when neighboring agencies request assistance. • Police Visibility: Increases the presence of marked EPPD vehicles throughout the canyons and surrounding area. • Parking Availability: Returns approximately 10 Town Hall parking spaces for other public or Town uses. • Reduced Mobile Phone Costs offset cost. • Employee Cost Participation: Officers residing outside the existing boundary would contribute toward the incremental cost of the program. • Financially Sustainable: Under current assumptions, the program is estimated to have a positive annual financial impact of approximately $6,192 Disadvantages: • Increased Vehicle Mileage: Take-home vehicles will accumulate additional mileage, potentially accelerating vehicle replacement cycles. o Mitigation: Employee contributions include consideration of incremental vehicle costs, and participation and mileage will be reviewed annually. • Increased Fuel and Maintenance Costs: The Town will incur additional fuel and vehicle maintenance expenses associated with commuting outside the R-3 boundary. o Mitigation: Officers outside the existing boundary will contribute through a tiered cost-share structure. Fuel, maintenance, and participation will be reviewed annually. • Costs May Fluctuate: Fuel prices, maintenance expenses, parking revenue, and participation levels may change over time. o Mitigation: EPPD will monitor the program annually and may recommend adjustments to contribution tiers or program parameters as necessary. • Potential Growth in Participation: Future staffing changes could increase the number of officers eligible for the program. o Mitigation: Eligibility remains subject to existing residency requirements and a defined maximum distance. Annual review will allow EPPD to monitor and manage the financial impact as participation changes. Action Recommended: No formal Board action is required. Staff will proceed with implementation of the expanded Take-Home Vehicle Program following Board discussion and feedback. Finance/Resource Impact: The estimated annual incremental cost for the 10 officers currently eligible to participate is $27,487.20, consisting primarily of: • Fuel: approximately $13,967.20 • Repair and maintenance: approximately $7,200. • Vehicle Replacement Fund impact: approximately $6,320. These costs are estimated to be offset by: • Mobile phone savings: approximately $13,234.20. • Estimated parking revenue associated with returning 10 parking spaces: approximately $11,865. • Employee contributions: approximately $8,580. Based on these assumptions, the proposal results in an estimated $6,012 positive annual financial impact and can be implemented without increasing the Town's net annual operating cost. Actual costs and savings will vary based on participation, fuel prices, vehicle usage, maintenance expenses, and parking revenue and will be reviewed annually. Level of Public Interest: Moderate. The proposal primarily addresses an internal Police Department recruitment, retention, and operational-readiness issue. However, there may be public interest related to the use of Town-owned vehicles, associated costs, and the visibility of marked police vehicles outside Town limits. The program also provides potential public benefits through improved emergency response capability, enhanced regional mutual-aid readiness, increased marked-police presence, and the return of approximately 10 Town Hall parking spaces. Attachments: 1. EPPD Take-Home Vehicle Program Expansion Presentation Expansion of Take-Home Vehicle Benefit Program Estes Park Police Department August 2026 Attachment 1 Recruitment Challenge: No New Officers Since April 2025 2EPPD | Take Home Vehicle Program Take-Home Vehicle Benefit Program Through research, interviews and the industry standard with our competitive market the EPPD staff has identified the take -home vehicle package as one area to address comparative competitiveness in recruiting and retention. REGIONAL CONTEXT Market Analysis of Competing Agencies AGENCY ALLOWED DISTANCE COST TO STAFF Estes Park PD YES Within R-3 boundary NO * City of Boulder YES No limit NO * Fort Collins YES 20-mi radius YES (minimal if beyond radius) * Longmont YES 25-mi radius (chief may extend)NO * Larimer County YES County (sheriff may extend)NO * Boulder County YES 60-minute drive time NO * Loveland YES 25-mi radius (35-mi for certain positions)NO Timnath PD YES 20-mi radius (expanding)NO Johnstown PD YES 20-mi radius (chief may extend)NO Windsor PD YES 25-mi radius NO Frederick PD YES 20-mi radius NO Firestone PD YES 25-mi radius (chief may extend)NO Golden PD YES 50 mi from city limits NO (32-hr week) Rocky Mtn NP YES 25-mi radius (chief may extend)NO Vail PD YES 50-mi radius NO CSU PD NO Stopped after severe budget cuts N/A * indicates Estes Park Defined Market for Non-Exempt Sworn Patrol Benefits of the Take Home Vehicle Program Recruitment & Retention Improves EPPD's competitiveness with regional agencies Emergency Readiness Officers responding from home already have a marked, equipped patrol vehicle Mutual Aid Officers can respond directly when partner agencies need assistance Visible Police Presence Additional marked police presence in the canyons and surrounding areas 4EPPD | Take Home Vehicle Program Proposed Program: A Controlled Expansion NO CHANGE Existing residency requirements remain R-3 boundary remains the no-charge take-home area Permitted off-duty personal use Officers must meet eligibility requirements NEW Eligible officers living beyond R-3 may participate Officer contributes toward incremental commuting cost Mileage verified annually and following address changes 5EPPD | Take Home Vehicle Program Beyond the R-3 boundary no personal use Tiered Employee Cost Share Miles Beyond R-3 Bi-Weekly Contribution Annual 0–10 miles $15 $390 11–20 miles $25 $650 21–30 miles $35 $910 26 bi-weekly pay periods per year. The farther an officer lives outside the boundary, the more they contribute, but the charge stays modest enough to preserve the recruitment value of the program. Officers eligible outside of R-3 10 2 officers at $25 / pay period 8 officers at $35 / pay period $8,580 estimated annual contribution from all eligible officers 6EPPD | Take Home Vehicle Program What Does the Program Actually Cost? Total: $27,487 $ 13,967 Fuel $ 7,200 Repair & Maintenance $ 6,320 VRF increase Estimated annual incremental cost for 10 participating officers. Based on 180 scheduled driving days per year at $3.65 per gallon and 20 mpg. We anticipate much better gas mileage. Assumes no vacation, FMLA, etc. 68.8% Town share $18,907 7EPPD | Take Home Vehicle Program 31.2% Officer Share $8,580 Budget Adjustments for 2027 Town-Issued Phones (T-Mobile) 35 managed lines at $48.49/ line/ month Move from stipends saves Town $13,234 a year Parking Spaces at Town Hall 10 spaces given back to Town Hall with implementation of take-home policy Estimated parking revenue per year $11,685 / year Expected added economic benefit to the Town 5EPPD | Take Home Vehicle Program WHY IT MAKES FINANCIAL SENSE Estimated Annual Financial Impact Implementation Cost $27,487 Phone Savings +$13,234.00 Parking Revenue +$11,685.00 Officer Contributions +$8,580.00 = +$6,012 Estimated Net Annual Positive Impact The proposed initiative can be implemented without increasing the Town's net annual operating cost under these assumptions. 9EPPD | Take Home Vehicle Program WHY IT MAKES FINANCIAL SENSE Financial Safeguards as Participation Changes Reviewed Annually Participation and mileage reviewed annually during the budget process. Adjustable Tiers Employee contribution tiers can be revisited as fuel and fleet costs change Bounded Eligibility Policy can set a maximum eligible distance consistent with existing residency rules 11EPPD | Take Home Vehicle Program For Approximately Cost-Neutral Implementation, EPPD Gains: A stronger recruitment package A meaningful retention benefit Faster emergency callback capability Improved regional mutual-aid readiness Greater marked-police presence 10 Town Hall parking spaces returned Reduced mobile-phone costs 12EPPD | Take Home Vehicle Program Local economic benefit of 10 parking spaces Recommendation & Board Direction Staff recommends implementing an expanded take-home vehicle program for eligible sworn officers residing outside the R-3 boundary, utilizing a tiered employee cost-share model. Maintain existing residency requirements in the 30-mile radius and 75-minute commute time Implement the $15 / $25 / $35 biweekly mileage tiers Review participation, actual costs, fuel prices, and financial offsets annually 13EPPD | Take Home Vehicle Program SUPPORTING DETAIL Appendix APPENDIX A1 Officer-Level Mileage & Charges Officer One-Way Miles Beyond Boundary Bi-Weekly Charge Annual Officer Cost #1 13.8 mi $25 $650 #2 20.5 mi $35 $910 #3 21.8 mi $35 $910 #4 20.3 mi $35 $910 #5 28.0 mi $35 $910 #6 28.3 mi $35 $910 #7 20.3 mi $35 $910 #8 13.8 mi $25 $650 #9 20.9 mi $35 $910 #10 24.9 mi $35 $910 TIER SUMMARY 0–10 mi • $15 0 officers No officers in this tier 11–20 mi • $25 2 officers $650 / officer / year 21–30 mi • $35 8 officers $910 / officer / year Charges apply only to miles driven beyond the existing take-home boundary. 15EPPD | Take Home Vehicle Program APPENDIX A2 Snapshot of Cost: Example of Officer who drives 28 miles one-way beyond R-3 PER-MILE REPLACEMENT COST Fully equipped vehicle cost $82,559 Standard replacement mileage 100,000 % of replacement cost recovered (cost share)10% One-way miles beyond boundary (calc basis)28 Commute trips per year (average)180 Replacement cost per mile $0.82559 Chargeable replacement cost per mile $0.082559 Daily chargeable miles 56 Annual chargeable miles 10,080 Annual replacement cost recovery $832.19 MAINTENANCE & FUEL PRICE PER MILE Fuel price per gallon $3.65 Miles per gallon (MPG)20 Annual maintenance at max allowed distance $720 Annual miles driven 8,964 Fuel cost per mile $0.1825 Maintenance cost per mile $0.080321 Cost per mile (fuel + maintenance)$0.262821 Average annual cost (based on miles driven)$2,559.60 Round-trip miles × 15 trips/month ÷ 18 MPG × $3.50/gal ≈ $1,240/month added fuel exposure. Assumptions: 18 MPG, $3.50/gal (current unleaded cost $4.06/gal). The tiered bi-weekly structure ($15 / $25 / $35) is the basis used for the current ask. These figures reflect the underlying per-vehicle cost mechanics used to validate the $27,487 total implementation cost, the Board-facing ask uses the simplified bi-weekly tier structure on the prior slides. 16EPPD | Take Home Vehicle Program APPENDIX A3 If Participation Grows Illustrative only, assumes proportional growth from the current 10-officer baseline. Not a projection of actual demand. Scenario Participating Officers Est. Implementation Cost Est. Officer Contributions Current baseline 10 $27,487.20 $8,580.00 Full department (illustrative)22 $60,471.84 $18,876.00 Financial safeguards apply at every scale Annual review of participation, mileage, and fuel costs, plus a policy-set maximum eligible distance, means growth in participat ion does not translate into unmanaged cost growth. 17EPPD | Take Home Vehicle Program