HomeMy WebLinkAboutORDINANCE 03-150 0
ORDINANCE NO.03-15
AN ORDINANCE AMENDING
THE ESTES VALLEY DEVELOPMENT CODE
TO REZONE A PORTION OF LOT 8A OF THE AMENDED PLAT OF A PORTION OFLOTS7,8,24,&25,BLOCK 10,2ND AMENDED PLAT,TOWN OF ESTES PARK
LOCATED AT 315 BIG HORN DRIVE
WHEREAS,the Estes Valley Planning Commission has recommended rezoningaportionofLotBAoftheAmendedPlatofaportionofLots7,8,24,&25,Block 10,2ndAmendedPlat,Town of Estes Park;Located at 315 Big Horn Drive as the northernportionofLot25AoftheSilverMoonAmendedPlat,from RM Multi-family to CDCommercialOutlying;and
WHEREAS,the Board of Trustees of the Town of Estes Park has determinedthatitisinthebestinterestoftheTownthattherecommendedzoningchangebegranted.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OFTHETOWNOFESTESPARK,COLORADO:
Section 1:The zoning of a portion of Lot 8A of the Amended Plat of a portion ofLots7,8,24,&25,Block 10,2nd Amended Rat,Town of Estes Park;Located at 315
Big Horn Drive,shall be changed from RM Multi4amily to CD Commercial Outlying.
Section 2:This Ordinance shall take effect and be enforced thirty (30)days afteritsadoptionandpublication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OFESTESPARK,COLORADO,THIS 26th DAY OF MAY,2015.
ATTEST:z -
Jäkie Williamson,Town Clerk
I hereby certify that the above Ordinance was introduced and read at a regularmeetingoftheBoardofTrusteesonthe2&’day of May,2015 and published in anewspaperofgeneralcirculationintheTownofEstesPark,Colorado,on the Qdayof,2015,all as required by the Statutes of the State ofColorado.
CD .Commercial Outlying in the •‘2_P 0OrdinanceshouldbeCD-Commercial
-Town ClerkDowntownasindicatedinthemotion.
See attached minutes dated May 26,
TO
2015 for motion.
Town of Estes Park,Larimer County,Colorado,May 26,2015
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 26th day of May 2015.
Present:William C.Pinkham,Mayor
Wendy Koenig,Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Also Present:Frank Lancaster,Town Administrator
Travis Machalek,Assistant Town Administrator
Greg White,Town Attorney
Jackie Williamson,Town Clerk
Absent:None
Mayor Pinkham called the meeting to order at 7:00 p.m.and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee Ericson stated the May 28th Community Development/Community Services
Committee meeting has been cancelled.The Transportation Advisory Board held their
regularly scheduled meeting and received updates on the Dry Gulch project and
continued discussions on the master parking plan/policy.
Trustee Phipps announced the May 191h Estes Valley Planning Commission meeting
was cancelled.He and Trustee Nelson presented the Pride Award Scholarship to
Melody Tovar for her extraordinary community service and academic achievement.
Mayor Pro Tem Koenig stated the Western Heritage Foundation would hold a fund
raiser on May 2gth at 7:00 p.m.with the Window to the West Art Show gala.The public
may attend on Saturday and Sunday to view the art on display.
Trustee Norris commented telephone scams are on the rise and to notify the police
department with any concems.
Mayor Pinkham stated he had the honor of introducing Tommy Caldwell at the Stanley
Hotel.Mr.CaIdwell completed the first-ever free climb of the Dawn Wall of El Capitan
in Yosemite National Park.
TOWN ADMINISTRATOR REPORT.
None.
1.CONSENT AGENDA:
1.Town Board Minutes dated May 12,2015 and Town Board Study Session
Minutes dated May 12,2015.
2.Bills.
Board of Trustees —May 26,2015—Page 2
3.Committee Minutes;
a.Public Safety,Utilities &Public Works Committee,May 14,2015 -
Cancelled.
4.Transportation Advisory Board Minutes dated April 15,2015
(acknowledgement only).
5.Parks Advisory Board Minutes dated April 16,2015 (acknowledgement only).
6.Estes Valley Planning Commission Minutes dated April 21,2015
(acknowledgement only).
It was moved and seconded (KoenigfNorris)to approve the Consent Agenda
Items,and it passed unanimously.
2.PLANNING COMMISSION ITEMS.Items reviewed by Planning Commission or
staff for Town Board Final Action.
1.ACTION ITEM:
A.AMENDED DEVELOPMENT AGREEMENT —Lot 7,Marys Lake
Subdivision Replat.TBD Kiowa Court;Greg Coffman/Applicant.Planner
Kleisler.Item continued by staff to the June 23,2015 Town Board
meeting.
B.AMENDED PLAT,DEVELOPMENT AGREEMENT &REZONING
REQUEST
AMENDED PLAT &DEVELOPMENT AGREEMENT Portion of Lot 25,
Block 10,Town of Estes Park,&portion of Lot SA of the Amended Plat
of a portion of Lots 7,8,24,&25,Block 10,2nd Amended Plat,Town
of Estes Park;175 Spruce Drive and the adjacent undeveloped land;
Silver Moon.LLC/Owner.
•ORDINANCE #03-15 Rezone from AM-Multi-Family Residential to CD-
Commercial Downtown,Silver Moon,LLC/Owner.Planner Kleisler.
Planner Kleisler stated the applicant owns the Silver Moon Inn zoned CD
Commercial Downtown and recently purchased the lot to the north,an
illegally subdivide lot from the Mountain Gate development zoned PM
Multi-Family.The applicant has requested the consolidation of two lots to
remove the interior lot line and correct the illegal subdivision of the
northern lot;rezone the northern lot to CD;and include a development
agreement to restrict the use of the area currently comprised of the
northern parcel in lieu of a development plan.This action would require
future development on the parcel to be reviewed through the Special
Review process.The Planning Commission recommended approval of the
application package;however,they further restricted the northern parcel
to residential use only and prohibited accessory uses for the hotel such as
gazebo,picnic area,etc after hearing testimony from the Mountain Gate
HOA.The proposed restriction would create split zoning on the property
as it relates to use.Additional development could occur on the northern
parcel;however,it would be extremely difficult due to the slope.
Tom Hochstetler/Silver Moon Inn owner stated the rezoning would provide
the density needed to address flood repairs.The removal of the lot line
between the properties would provide the owner additional options to
move the property or raise the property to mitigate future flooding.He
Board of Trustees —May 26,2015—Page 3
requested the Board remove the residential restriction from the northern
parcel and allow the property to be zoned commercial.He stated due
diligence was not allowed by the Planning Commission during the
process.The Special Review restrictions are understood and at this time
the owner has not contemplated development on the lot.A conservation
easement or fire belt may be created.The main objective of the
applicant’s request would be to repair the Inn.
Board discussion followed on the potential of developing the northern lot
both commercially and residentially,discussed setbacks on the northern
lot zoned as CD or PM,the need to include a Special Review for the
property,and the need to limit the uses on the property.
Dan Herhhey/Town citizen and Mountain Gate HOA President stated the
parcel was sold to Silver Moon,LLC by the original developer.The HOA
stated concern with the commercial rezoning of the property due to the
steep slopes,natural undisturbed vegetation,active wildlife habitat,lack of
adequate access,prominent views,and close proximity to residential
neighborhoods.Mountain Gate HOA requested non-residential uses be
restricted and the restriction placed on the plat to ensure no future
commercial development.
Renee KrahniTown citizen stated she purchased the property with the
understanding the developer would complete the condominium
development and never anticipated commercial development.
Fred Renner/Mountain Gate HDA Vice President commented the HOA’s
largest concern would be the unknown commercial development that may
be built in the future.
Barry Sweets/Town citizen commented when he purchased the land it
was residential and there is a nature greenbelt in the area used by the
wildlife.He would like to see the area protected.
Tom Hochstetler stated the property would not be suitable for residential
or commercial development.His objective would be to rezone the
property and remove the lot line to improve the Silver Moon Inn.
Trustee Norris stated he could not support the motion without the
inclusion of a Special Review to provide future boards tools and to allow
public comment.He would remove the additional restrict on the northern
property recommended by the Planning Commission.
It was moved and seconded (Koenig/Nelson)to approve Ordinance
#03-15 to rezone the property to CD Commercial Downtown without
the Special Review.A substitute motion was offered.
Attorney White read the Ordinance.It was moved and seconded
(Norris/Phipps)to approve Ordinance #03-15 to rezone the property to
CD-Commercial Downtown with Special Review without the Planning
Commission’s recommendation to limit the northern lot to residential
use only and the Development Agreement,and it passed with Trustee
Ericson voting No.
Trustee Phipps questioned if the Special Review requirement would apply
to the entire parcel with the removal of the lot line or just to the northern
portion of the combined lot.Attorney White confirmed it would only apply
to the northern lot as outlined in the Development Agreement.
It was moved and seconded (Koenig/Norris)to approve the Amended
Plat,a Portion of Lot 25,Block 10,Town of Estes Park,&portion of
Board of Trustees —May 26,2015 —Page 4
Lot BA of the Amended Plat of a portion of Lots 7,8,24,&25,Block
10,2nd Amended Plat,Town of Estes Park;175 Spruce Drive and the
adjacent undeveloped land with the findings and conditions
recommended by the Estes Valley Planning Commission,and it
passed unanimously.
3.ACTION ITEMS:
1.ORDINANCE #09-15 FIRST AMENDMENT TO THE LEASE FOR PROSPECT
MOUNTAIN RADIO SITE.Attorney White stated the Town entered into a
lease agreement in 2010 with Heron LLC to lease property on Prospect
Mountain for the installation and operation of communication,transmission and
reception systems.In 2014,the Town installed a Highway Advisory Radio
System and antenna on the mountain.It was later determined that the facilities
were not on the property subject to the lease agreement and certain provisions
of the lease were not being performed by the Town.The first amendment to
the lease agreement includes the additional property needed for the radio
station,updates the listing of communication systems,provides for the
payment of past due rentals,and substitutes an annual rental increase in the
amount of 3%to replace the CPI increase.Attorney White read the Ordinance.
It was moved and seconded (PhippslNelson)to approve Ordinance #09-1 5,
and it passed unanimously.
2.TOWN ADMINISTRATOR EMPLOYMENT CONTRACT.Director Williamson
stated the Town Board approved a three-year contract with Town Administrator
Lancaster in April 2012 that was extended through June 30,2015 to provide
the Board time to complete his annual evaluation and discuss new contract
terms.The Board found his performance to be well above average.The
proposed four-year contract would expire June 7,2019 to ensure an off
election appointment of a new Town Administrator.The Board recommended
a salary of $1 55,000 and adjustments to the salary per the annual market study
for the management pay family.It was moved and seconded
(Ericson/Holcomb)to approve the updated Town Administrator job
description and new four-year employment contract with Town
Administrator Frank Lancaster,and it passed unanimously.
4.REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Ericson)to approve entering into
executive session for a conference with the Town Attorney for the purpose
of receiving legal advice on specific legal questions on the Loop under 24-6-
402(4)(b).C.R.S.,and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:20 p.m.
Mayor Pinkham reconvened the meeting to open session at 8:26 p.m.
Whereupon Mayor Pinkham adjourned the meeting at 9:16 p.m.
William C.Pinkham,Mayor
Jackie Williamson,Town Clerk