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Home My WebLink AboutPACKET Town Board 2020-10-27The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY Tuesday, October 27, 2020 7:00 p.m. Board Room – 170 MacGregor Avenue Estes Park, CO 80517 The Town Board of Trustees will participate in the meeting remotely due to the Declaration of Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19 and provided for with the adoption of Ordinance 04-20 on March 18, 2020. Procedures for quasi-judicial virtual public hearings are established through Emergency Rule 06-20 signed by Town Administrator Machalek on May 8, 2020 and outlined below. ADVANCED PUBLIC COMMENT Options for the Public to Provide Public Input: 1.By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, October 27, 2020. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. 2. By Telephone Message: Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. The calls must be received by 12:00 p.m., Tuesday, October 27, 2020. All calls will be transcribed and provided to the Board for consideration during the agenda item and added to the final packet. PUBLIC PARTICIPATION DURING BOARD MEETING Options for participation in the meeting will be available by call-in telephone option or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. CALL-IN (TELEPHONE OPTION): Dial public participation Toll Free phone number, 1-833-548-0276 Enter the Meeting ID: 982 1690 2040 followed by the pound sign (#). The meeting will be available beginning at 6:30 p.m. the day of the meeting. Please call into the meeting prior to 7:00 p.m., if possible. You can also find this information for participating by phone on the website at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Request to Speak: For public comment, the Mayor will ask attendees to indicate if they would like to speak – phone participants will need to press *9 to “raise hand”. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address the Board. Once you are announced by phone: State your name and address for the record. DO NOT watch/stream the meeting at the same time due to streaming delay and possible audio interference. Prepared 10-16-2020 *Revised 10-17-2020 **Revised 10-26-2020 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC PARTICIPATION (ONLINE): Individuals who wish to address the Board via virtual public participation can do so through Zoom Webinar at https://zoom.us/j/98216902040 – Zoom Webinar ID: 982-1690-2040. The Zoom Webinar link and instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. Start Time: The Zoom Webinar will be available beginning at 6:30 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to the start of the meeting at 7:00 p.m. Request to Speak: For public comments, the Mayor will ask attendees to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address the Board.  You will experience a short delay prior to re-connecting with the ability to speak.  State your name and address for the record. In order to participate, you must:  Have an internet-enabled smartphone, laptop or computer. o Using earphones with a microphone will greatly improve your audio experience.  Join the Zoom Webinar. o The link can be found above.  Click “Participate Virtually in the Regular Town Board Meeting of the Board of Trustees”.  DO NOT watch/stream the meeting via the website at the same time due to delays and possible feedback issues. WATCH THE MEETING: The Town Board meetings will be livestreamed at www.estes.org/videos and will be posted within 48 hours of the meeting at the same location. Documents to Share: If individuals wish to present a document or presentation to the Board, material must be emailed by Monday, October 26, 2020 by 8:00 a.m. to the Town Clerk’s office at townclerk@estes.org. Quasi-Judicial Proceedings (Quasi-Judicial items will be marked as such) Written Testimony Must be submitted by mail to Town Clerk, PO Box 1200, Estes Park, CO 80517 or by completing the Public Comment form at https://dms.estes.org/forms/TownBoardPublicComment. Members of the public may provide public comment or comment on a specific agenda item by calling (970) 577-4777. All calls must be received by 8:00 a.m., Monday, October 26, 2020. Due to the holiday please leave a voicemail and your comment will be transcribed. All comments received will be provided to the Board and included in the final packet material. Oral Testimony To ensure your ability to provide comments during the meeting, you must register by emailing townclerk@estes.org or calling (970) 577-4777 by Monday, October 26, 2020 at 5:00 p.m. During the meeting, any individual who did not register to speak on a quasi-judicial item may join public participation by following either the Call-In or Online option previously mentioned. Individuals who do not register prior to the meeting risk being unable to testify due to administrative/technical difficulty during the meeting. Written presentation materials or exhibits must be delivered to townclerk@estes.org by 8:00 a.m. Monday, October 26, 2020 in order to be presented during the meeting. No other written presentations or exhibits will be accepted during oral testimony by any member of the public. Packet Material The packet material can be accessed through the following link: Town Board Packet or under the Town Board section at www.estes.org/boardsandmeetings or you may request a paper packet by emailing townclerk@estes.org or calling (970) 577-4777. Page 2 AGENDA **(All Non-Emergencies Items Moved to November 10, 2020) BOARD OF TRUSTEES – TOWN OF ESTES PARK TO BE HELD VIRTUALLY PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Use Tax Collection Agreement with Larimer County for Continued Authorization of the Town to Collect Larimer County’s Building Materials Use Tax. 2.Resolution 59-20 Wind River Apartments, Development Plan and Special Review for Associated Daycare, Two Year Extension of the Three-Year Approval Period, 1041 S. St. Vrain Avenue, Rural Coz Estes Park St Vrain, LLC, Stephanie Copeland, Owner/ Applicant. Town Board approval to continue item to the November 10, 2020 Town Board meeting. 3.Resolution 58-20, Second Amended Plat of Estes Park Resort Townhome Subdivision, 1700 Big Thompson Avenue, Mountain Village Development LLC, Applicant. Town Board approval to continue item to the November 10, 2020 Town Board meeting. 4.Ordinance 13-20 Right-Of-Way Vacation Portion of Big Horn Drive, 113 E Elkhorn Avenue, B. Wade Investments, LLC, Applicant. Town Board approval to continue item to the November 10, 2020 Town Board meeting. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.EAST TROUBLESOME FIRE UPDATE. Fire Chief Wolf and Captain Rose. Update on fire status for the Estes Valley. 2. COVID-19 UPDATE FROM LARIMER COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT. Public Health Director Gonzales. Update on the COVID-19 situation in Larimer County. ACTION ITEMS. 1.RESOLUTION 62-20 DECLARATION OF EMERGENCY DUE TO WILDFIRE. Town Administrator Machalek. ADJOURN. Prepared 10-16-2020 *Revised 10-17-2020 **Revised 10-26-2020 Page 3 Page 4 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Randy Hunt, Community Development Director Date: October 27, 2020 RE: Use Tax Collection Agreement with Larimer County for Continued Authorization of the Town to Collect Larimer County’s Building Materials Use Tax. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Continue authorization for the Town to collect County Use Tax on building materials and to transfer receipts to the County. Present Situation: Larimer County has for many years assessed a Use Tax on building materials that are not necessarily sold in, but are used within, the County. The tax is due and collectible at the time a building permit is issued. Since each municipality issues its own building permits (as does the County for unincorporated areas), an agreement is necessary to allow collection at the point of permit issuance by the municipality. The Use Tax is collected by the Town of Estes Park at the time a building permit is issued. Use taxes are considered in effect a pre-payment of sales tax on building materials, as the materials haven’t been bought yet; if a contractor shows evidence that use tax was paid (building permit), a Larimer County retailer does not charge sales tax for that purchase. Larimer County use tax rate is the same as the County sales tax rate: 0.8%. Larimer County has had longstanding agreements with all the municipalities entirely or partly inside County boundaries to collect these taxes. All such County agreements periodically come up for renewal on an approx. 20-year cycle. The present Agreement expires at the end of 2020, so it’s time to consider reauthorization. Additional information on Larimer County’s Use tax is available here: https://www.larimer.org/finance/sales-tax/use-tax Page 5 Proposal: The attached draft Use Tax Collection Agreement was provided by the County last month with a request that the Town reauthorize the collection by executing the Agreement, which would renew it through Dec. 31, 2039. The County requested that an executed Agreement be provided by October 31, 2020, This draft Agreement is identical to the current effective Agreement, except for changed dates and a change in the approving authority and signature block at the end. The reason for this last change: In prior decades, these Agreements were signed by staff on behalf of the Town. The County would still accept a staff signature. However, under recently adopted Town Governance Policy 1101 (Delegation of Contract Signature Authority), the Town Board reserves to itself the authority to approve “agreements with other governmental entities” (Sec. 3.a.ii.) Therefore, this year’s renewal is placed in the Town Board’s hands. Staff would also suggest a Town Board agenda item like this one would promote greater public transparency in taxation and fiscal policy. The Agreement provides for a small service charge to be retained by the Town to offset the cost of collection and transmittal. Sec. 2.b authorizes the Town to retain 3.333% (three and one-third percent) of collections for this purpose. Advantages:  Allows contractors and other use taxpayers a single point-of-sale way to pay this tax, as opposed to filing directly with the County through an additional process.  Essentially a pass-through cost to the Town, with a small service charge to offset our processing cost. Disadvantages: None identified. Action Recommended: Staff recommends the Town Board approve the Use Tax Collection Agreement as drafted. Finance/Resource Impact: N/A to Town Level of Public Interest Low. Sample Motion: I move to approve the Use Tax Collection Agreement with Larimer County, and to authorize the Mayor to sign the Agreement. Attachments: 1. Draft Use Tax Collection Agreement (received Sep. 2020.) Page 6 USE TAX COLLECTION AGREEMENT THIS AGREEMENT, made and entered into this _______ day of _______, 2020, by and between THE TOWN of ESTES PARK, COLORADO, a Municipal Corporation, hereinafter referred to as the “Town” and THE COUNTY OF LARIMER, COLORADO, herein after referred to as the “County”. WITNESSETH: WHEREAS all current and future sales and use tax measures are voted on and approved by the majority of electors of Larimer County; and WHEREAS, Larimer County has requested that the Town collect use tax due on materials at the time application for a building permit is made to the Town; and WHEREAS, a portion of the County use tax on building materials collected by the Town are distributed back to the Town through the Open Space Tax share back; and WHEREAS, documentation for each use tax transaction is necessary for the proper administration of use tax and for distribution of use tax back to the Town, and Larimer County has requested that the Town provide the documentation described in this Agreement; and WHEREAS, in consideration for collecting and remitting use tax and associated documentation on a timely basis as specified in this agreement, the Town is entitled to withhold three and one third percent (3 1/3%) of the County use tax. NOW, THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1.Term. This Agreement shall be in effect from January 1, 2021, through and including December 31, 2039, 2.Town’s Duties. The Town agrees as follows: a.To collect the County’s use tax on building materials at the time an application for a building permit is made to the Town. The Town shall obtain an estimate of building and construction materials cost from the owner or contractor. The Town shall then determine the cost of the building construction materials to which the use tax is to be applied. b.To remit the County’s use tax collected by the Town, less a three and one third percent (3 1/3%) service fee (Service Fee), to the County Sales Tax Administrator no later than thirty (30) days after the end of each month that use tax is collected pursuant to this Agreement. ATTACHMENT 1 Page 7 c. To provide the County with the following use tax documentation (collectively the Documentation) no later than thirty (30) days after the month in which the transaction occurred: 1. Copies of building permits issued or a list of building permits issued that includes at the minimum: name, address, building permit number, valuation of project, and amount of County tax paid. 2. Copies of Certificates of Occupancy and Letters of Finalization issued or a list of Certificates of Occupancy and Letters of Finalization that were issued. d. To provide owners or contractors with Project Cost Report forms, and copies of County procedures for making adjustments or refunds to the amount of tax paid. 3. County’s Duties. The County agrees as follow: a. To distribute the use tax on building materials as specified by voters to the appropriate sales tax funds and to the Town. b. To communicate any use tax rate or distribution changes to the Town in a timely manner. c. To provide the Town with County use tax forms and use tax procedures. d. To administer and enforce the County’s use tax on building materials to ensure the proper amount of tax is collected on construction projects within the County. e. To educate owners and contractors of County’s use tax on building materials and project cost reports requirements. f. To audit project cost reports to ensure the proper amount of County use tax on building materials is collected on construction projects. g. Establish the three and one third percent (3 1/3%) Service Fee to compensate the Town for its obligations under this Agreement. 4. Timeliness of Remittance to County. The Parties acknowledge that timely remittance of the Documentation and County use tax to the County as outlined above is important to County. The Service Fee is to reimburse Town for costs it incurs to meet the obligations in this Agreement, including the timely remittance of the Documentation and County use tax. In the event Town does not remit Documentation and County use tax to the County in accordance with the deadlines established in Sections 2(b) and 2(c) above, Town will not retain the Service Fee as to such proceeds. 5. Collections. It is expressly understood and agreed by the Town and the County that the Town shall not be involved, either directly or indirectly, in the enforcement of the collection of County use tax due in any manner whatsoever. All enforcement issues shall be referred to the County Sales Tax Administrator. Page 8 6. Conditions of the Agreement. It is further agreed by and between the Town and County as follows: a. This Agreement may not be enlarged, modified, or altered, except in writing, signed by the parties as an amendment hereto. b. That no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. 7. Termination. If a breach of any provision of the Agreement occurs, either party shall provide written notice to the other party of the breach complained of. Said notice shall provide ten (10) days for remedy of the breach complained of. If the breach complained of is not remedied, the party complaining of said breach may terminate the Agreement immediately. 8. Notice. For the purpose of providing notice pursuant to this Agreement, notice shall be deemed served on either party when deposited postage prepaid in the United States mail and forwarded to the following addresses of the parties hereto: Town: Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 County: Larimer County Sales & Use Tax Office P.O. Box 1190 Fort Collins, CO 80522-1190 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. TOWN OF ESTES PARK THE COUNTY OF LARIMER,COLORADO Linda Hoffmann, County Manager Date Date Page 9 TOWN OF ESTES PARK, COLORADO ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 10 Community Development Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: October 27, 2020 RE: Resolution 59-20 Special Review for Wind River “Day Care Center,” Two Year Extension of the Three-Year Approval Period, 1041 S. St. Vrain Avenue, Rural COZ Estes Park St Vrain, LLC, c/o Stephanie Copeland, Owner/Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Consider and make a decision on a request for a two year extension of the three year approval period for a Special Review for a Day Care Center. Present Situation: The Wind River Apartments Development Plan was approved by the Town of Estes Park Board of Trustees on September 25, 2018. The project approved by the Development Plan consists of a 94-unit, multi-family development on a 5.77 acre lot, located in an RM (Multi-Family Residential) Zone District. The Development Plan had been denied by the Estes Valley Planning Commission on August 21, 2018. That decision was then appealed to the Town Board, and subsequently approved. An S2 level Special Review for a “Day Care Center” which is associated with the Wind River Apartment project, was also approved by the Town Board on September 25, 2018. The Special Review did not involve an appeal. The Estes Park Development Code (EPDC), Chapter 3 Review Procedures and Standards, Section 3.5. Special Review Uses, Subsection 3.5.C. Lapse, outlines the process to extend a Special Review Use approval for an additional two years. The applicant is required to petition the Board of Trustees to approve the two year extension. An extension of the associated Development Plan is processed under a different Section of the EPDC, Section 3.8.E., where the applicant may file for a two-year extension, which may be granted by the Community Development Director. With the Director Hunt’s recusal from the Wind River applications, he has delegated review of the extension request to other Planning staff. REQUEST TO CONTINUE TO NOVEMBER 10, 2020 Page 11 This three year period does not expire until September 25, 2021. The owner/applicant is requesting extension through September 25, 2023. The basis of the extension request is outlined in the letter of request, attached. Advantage:  Provides an approved day care facility additional time to begin operation after delays primarily caused by challenges related to the COVID pandemic. Disadvantage:  None. Action Recommended: Staff recommends approval of the Resolution 59-20, for a two-year extension of the three-year approval period for the Special Review for the Wind River Day Care Center through September 25, 2023. Sample Motions: 1. I move to approve Resolution 59-20 for the two-year extension of the approval of the Special Review for the Wind River Day Care Center. 2. I move to deny Resolution 59-20, finding that … [state findings for denial]. 3. I move to continue Resolution 59-20, for the request for a two-year extension of the approval of the Special Review for the Wind River Day Care Center to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1. Resolution 59-20 2. Applicant’s Extension Request Page 12 RESOLUTION 59-20 APPROVING A TWO YEAR EXTENSION OF THE THREE YEAR APPROVAL PERIOD FOR A SPECIAL REVIEW FOR THE WIND RIVER DAY CARE CENTER WHEREAS, an S2 Special Review for a Day Care Center was approved by the Town of Estes Park Board of Trustees on September 25, 2018, with the Day Care Center being associated with the Wind River Apartments Development Plan project; and WHEREAS, The Estes Park Development Code (EPDC), Chapter 3 Review Procedures and Standards, Section 3.5. Special Review Uses, Subsection 3.5.C. Lapse, requires an applicant to apply for a building permit or commence operation with regard to the special review use within three years of the approval; and WHEREAS, The EPDC Subsection 3.5.C. also contains a provision where an applicant may petition the Board of Trustees to approve a two year extension of the three year approval period of the special review; and WHEREAS, the owner/applicant, Rural COZ Estes Park St Vrain, LLC, c/o Stephanie Copeland, citing delays primarily caused by challenges related to the COVID pandemic, has requested the three year vested property right period be extended by two additional years, through September 25, 2023; and WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the extension request. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: A two year extension to the three year approval period for the S2 Special Review for the Wind River Day Care Center use is hereby approved, extending the approval period through September 25, 2023. ATTACHMENT 1 Page 13 DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 14 695&#&*") '('&. :5869 (("(#"/ &"+" )" /,("'#"#* #$!"( "$$&#* –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age 15 Page 16 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: October 27, 2020 RE: Resolution No 58-20, Second Amended Plat of Estes Park Resort Townhome Subdivision, 1700 Big Thompson Avenue, Mountain Village Development LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing and make a decision on an Amended Plat application, to provide an additional garage, and slightly reconfigure utility easements within a platted “Townhome Subdivision.” Present Situation: This project went through a lengthy and comprehensive review process in June 2017. The Estes Park Resort Townhome Subdivision created 33 lots on a parcel approximately 9 acres in size. The property is zoned A (Accommodations). The subdivision, as well as the development plan that was approved for the project, involves 32 lots for individual accommodations units, and one lot for an existing hotel/lodge. The Estes Park Resort Townhome Subdivision was recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20180005399, on January 26, 2018. Development Plan No. 2017-05 was approved by the Estes Valley Planning Commission on June 20, 2017. An Amended Plat was reviewed and approved by the Town Board in November 2019, which eliminated two of the 32 Townhome lots, and slightly reconfigured the layout of the remaining lots. That First Amended Plat is recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20200018555, on March 18, 2020. The First Amended Plat is attached to this staff report for reference. Proposal: The project is currently being developed, and the owner/applicant determined during the construction process that an additional garage unit was possible. This, however, requires another minor revision to the recorded plat. A Minor Modification to the REQUEST TO CONTINUE TO NOVEMBER 10, 2020 Page 17 approved Development Plan is also needed, and it is concurrently being processed by staff per EPDC Section 3.7.A. That change will not be approved unless/until the plat amendment is approved. There is also some minor realignment of utility easements, which have been reviewed and approved by the respective utility providers. No other changes are proposed. Review Criteria: This Amended Plat, per the EVDC, Section 3.9 Subdivisions, is considered a type of “Minor Subdivision.” Minor Subdivision requires a recommendation by the EVPC and action by the governing body, in this case the Town Board. Agency Comments: This request has been submitted to reviewing agency staff for consideration and comment. No concerns were expressed by reviewing agencies. Advantage: Amending the plat as proposed provides for additional garage space, and improved easement locations with no adverse impacts. Disadvantages: None. Action Recommended: The Estes Valley Planning Commission unanimously recommended approval of the Second Amended Plat of Estes Park Resort Townhome Subdivision on September 15, 2020, with the following findings and conditions of approval: Findings: 1. This proposal complies with applicable sections of the EPDC. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 3. Within sixty (60) days of the Board’s approval of the Final Plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. 4. This is a Planning Commission recommendation to the Town Board. 5. Staff finds that the title on the provided Plat is likely to be confusing. The title (see Attachment 4) is given as “Amended Plat of Estes Park Resort Amended Plat.” Staff recommends a condition of approval that the plat be retitled as “Second Amended Plat of Estes Park Resort,” and that an exhibit with the revised title be provided to staff in time to schedule for Town Board hearing and consideration. Page 18 Conditions of Approval: 1. This plat shall be retitled the "Second Amended Plat of Estes Park Resort" and a retitled exhibit provided prior to scheduling for Town Board hearing and consideration. 2. The easement be revised to not overlap with the structure of lot 27 and re-add the area's linear description not to be disturbed on the property's southwest corner. Please note: The applicant has complied with Finding No. 5 and the two Conditions of Approval above and these are no longer applicable. Finance/Resource Impact: None Level of Public Interest Low. Notice was published, and sent to adjacent property owners in accordance with the notice requirements in the EVCD Section 3.15 General Notice Provisions. At the writing, no written comments have been received for this application. Written comments will be posted to www.estes.org/currentapplications if received after finalization of this staff memo. Sample Motions: I move that the Town Board of Trustees approve Resolution 58-20. I move that the Town Board of Trustees deny Resolution 58-20, finding that [state findings for denial]. I move to continue Resolution 58-20 to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1. Resolution 58-20 2. Vicinity Map 3. Statement of Intent 4. Application 5. Existing Plat (First Amended Plat Recorded 1/26/2018) 6. Proposed Second Amended Plat Page 19 RESOLUTION 58-20 APPROVING THE SECOND AMENDED PLAT OF ESTES PARK RESORT TOWNHOME SUBDIVISION, TOWN OF ESTES PARK, COLORADO WHEREAS, an application for a Second Amended Plat, to provide an additional garage area and slightly reconfigure utility easements within a platted “Townhome Subdivision” was filed by Mountain Village Development, LLC (owner/applicant); and WHEREAS, the Estes Park Resort Townhome Subdivision Amended Plat No. 1 is recorded in the records of the Larimer County Clerk and Recorder at Reception No. 20200018555, on March 18, 2020; and, and located within an A (Accommodations) Zoning District; and WHEREAS, the subject property is located within an A (Accommodations) Zoning District; and WHEREAS, the Second Amended Plat provides an additional garage area, and slightly reconfigures utility easements, with no other changes to the plat being proposed; and WHEREAS, a public meeting was held before the Estes Valley Planning Commission on September 15, 2020, at the conclusion of which the Planning Commission voted to recommend approval of the Amended Plat with the following findings and condition of approval: Findings: 1. This proposal complies with applicable sections of the EPDC. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No issues or concerns were expressed by reviewing staff relative to code compliance or the provision of public services. 3. Within sixty (60) days of the Board’s approval of the Final Plat application, the developer shall submit the plat for recording. If the plat is not submitted for recording within this sixty-day time period, the approval shall automatically lapse and be null and void. 4. This is a Planning Commission recommendation to the Town Board. 5. Staff finds that the title on the provided Plat is likely to be confusing. The title (see Attachment 4) is given as “Amended Plat of Estes Park Resort Amended Plat.” Staff recommends a condition of approval that the plat be retitled as “Second Amended Plat of Estes Park Resort,” and that an exhibit with the revised title be provided to staff in time to schedule for Town Board hearing and consideration. ATTACHMENT 1 Page 20 Conditions of Approval: 1. This plat shall be retitled the "Second Amended Plat of Estes Park Resort" and a retitled exhibit provided prior to scheduling for Town Board hearing and consideration. 2. The easement shall be revised to not overlap with the structure of lot 27 and re- add the area's linear description not to be disturbed on the property's southwest corner. WHEREAS, the applicant has complied with Finding No. 5 and the Conditions of Approval above and these are no longer applicable; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on October 27, 2020 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the recommendation of the Planning Commission and the testimony, application, evidence, documents submitted at the hearing, and the contents of the Community Development Director’s file; and WHEREAS, the Board of Trustees finds the applicants have 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 Plat of Estes Park Resort Townhome Subdivision is hereby approved. DATED this day of , 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 21 Site Location Ú LAKE ESTES BIG T H O M P S O N A V EDRY GULCH RDEAST LNWEST LNN SAINT VRAIN A V E ELKTRAILCTNORTH LN RAV E N A V E WILDFIRE RD LAKEFRONTS TPINE LN SOUTH LN W H IG HWAY34LONEPINEDROTIS L N GRANDESTATES DR DEERP A TH C T B E LLEVUE DRRAVEN CIRP T A R M IG A N T RL VISTA L N D E VILS GU L C H R DMALL RDSUMMIT DR HIGH PINE DR H I L L SIDELNMA C CRACKEN LN NORTH RI DGELNNORTHLAKEAVE HAYBARN H ILLRDRED TAIL HAWK DR 1STSTSTONEGATE DR OLYMPUS LN EBEACH LN SOARI N G C I R AXELL RD WESTON LNFREELAND CT 0 500 1,000 Feet -Town of Estes ParkCommunity Development Printed: 11/13/2019 Created By: jeff woeber Project Name: Project Description: Amended Plat Estes Park Resort Townhome SubdivisionFor Illustrative Purposes Only ATTACHMENT 2 Page 22 July 15, 2020 Town of Estes Park Community Development P.O. Box 1200 Estes Park, Co. 80517 RE: Estes Park Resort Minor Modification and Amended Plat Mr. Randy Hunt, Cornerstone Engineering and Surveying, Inc. (CES), on behalf of the owners Rocky Mountain Hotel Properties I, LLC, is submitting an Minor Modification to the approved development plan and Amended Plat for the Estes Park Resort Townhomes. Every attempt has been made to ensure the application meets the guidelines of the Estes Valley Development Code (EVDC). Legal Description Estes Park Resort, Town of Estes Park, County of Larimer, State of Colorado Minor Modification The owners propose to add an additional garage space and revise the parking/drive layout in the southwest corner of the development. The proposed drive will be shortened and parking shifted from the south side of the proposed garages to the north side. No utilities or drainage patterns will be affected by this proposed modification. Amended Plat The plat will be amended to account for the additional garage space as well as dedicate necessary utility easements. Sincerely, Cornerstone Engineering & Surveying, Inc. Jes Reetz Planner ATTACHMENT 3 Page 23 Revised 2020.04.23 ks Condominium Map Preliminary Map Final Map Pre-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Description Lot Size Area of Disturbance in Acres Proposed Land Use Town Well None Town Well None Existing Sanitary Sewer Service EPSD UTSD Septic None Proposed Sanitary Sewer Service EPSD UTSD Septic Is a sewer lift station required?Yes No Existing Gas Service Other None Existing Zoning Proposed Zoning Are there wetlands on the site?Yes No Site staking must be completed at the time application is submitted. Complete?Yes No Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Existing Land Use Existing Water Service Attachments Proposed Water Service Site Access (if not on public street) 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. Project Address Parcel ID # Legal Description General Information Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Rezoning Petition Annexation Request Extension Other: Please specify Project Name Supplemental Map ESTES PARK PLANNING DEPARTMENT APPLICATION Type of Application Submittal Date: Site Information Application fee Statement of intent 2 copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Xcel Primary Contact Information Community Development Department Phone: (970) 577-3721  Fax: (970) 586-0249  www.estes.org/CommunityDevelopment Town of Estes Park  P.O. Box 1200  170 MacGregor Avenue  Estes Park, CO 80517 Other (specify) Other (specify) Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org PLEASE CHECK ONLY ONE BOX Sign Purchase ($10) ATTACHMENT 4 Page 24 Revised 2020.04.23 ks Consultant/Engineer PLEASE PRINT: PLEASE PRINT: Date DateApplicant Record Owner Applicant Fax Names: Email 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. Phone Cell Phone Mailing Address Applicant Fax Phone Email Contact Information Phone Cell Phone Cell Phone Mailing Address Mailing Address Record Owner(s) Email Signatures: Fax I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. MINERAL RIGHT CERTIFICATION 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. Record Owner Page 25 Revised 2020.04.23 ks ► ► ► ► ► ► ► ► ► PLEASE PRINT: PLEASE PRINT: Date Date APPLICANT CERTIFICATION I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. 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. http://www.estes.org/DevCode Record Owner Applicant Signatures: I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. 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. Record Owner Applicant 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. Names: 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: Page 26 :;i 0" 0-z, -C io � "' 0io 0 0 i;; N E -'-''" w"' "' �00 -t0 .., 0 u ii;! zD � 0 0 '!<. ��a. ., -"'w ..... -Q.) u -O> UJ O C a:-" • ! I 20' WATE RLINE EASE�ENT REC#991 05380 S88'24'36"E (S88'26'02"E [SB8'23'oo·E 498.86' 49B.72'l 498.72' H ..-, ..... W \30,110 ' \ 2{1'RECIP� \ EMERGENCY _---\-ACCESS EASEMENT REC#20170073991 111()2.12017 ESTES PARK RESORT AM ENDED PLAT LOT 1, LAKE ESTES ADDITION AND LOT 1, LAKE ESTES SECON D ADDITION, COU NTY OF LARIMER, STATE OF COLORADO LOT 2, AMEN OED Pl.AT OF LOT 1 ANO LOT 2 CANA1Y SUBDIVISION N88'26'0B� 289.Je' 20' RECIPROCAL EMERGENCY ACCESS EASEMENT REC#20 17007lll91 11102!20\7,!, L (N88'26'0 2"W 209.57') ----_____ ___J ____ _ I I I I I I 20' ACCESS EASEI.IENT TOLOTS 33 DEDICATED WITH THIS PLAT LOT 36, GRAND ESTATES SUBDIVISION I �' 2�' UTILITY -·: I EASEMENT I DEDICATED I WITH THIS PU.T r=------- L _______ _ "' "i LOT 15 � 2113.82:t SF � 0.0499:t AC. "' LOT 13 f' 21 73.82± SF fi 0.0499:t AC. f? � �-----"' " LOT 39, GRAND ESTATES SUBDIVISION / / I I !I II I 38'33'22" W 24.00' J G3 h g d 2138SF �I.cl -2,4 /Yl' � <"lG• -w� 288SF §=� ?A nn•'�<") �� G5 8:...0 286SF Noz - z, 118' H22· Eco ' OUTLOT A 1 B8,642± SF 4.331±AC. POINT BEARS N06"40 '07"E 417.49' FROM "BUil.D iNG TIE" II I I :�� "' IOT18 a\ l "' 0 LOT 19 g 2113.82:t SF• 0.0499t AC. L OT 4CA OF THE AMENDED PLAT OF LOT 40 ANO THE EAST 90 FEET OF LOT 41. GRAND ESTATES SUBl)ll,ISlr)N I I . "' ,.. ..,�,.. cci «i ,-. ,.. I """ ��,.. " .., .., �r.o in NN 00 'JI e , III � LOT 17/\ '.'.:i, 2l73.82±Sf i 0.()49� AC. I I �-J � I0.00 __, "' r I\ I \I r-·� p� re " LOT 6 .)17J,82t SF V,0499%AC. \ '. :l. '4 a· I r ROM T1I I 0, ..!:�• ,Bf 42/I20 SEWER j 3'22" E ASEMENT DEDICA -• 00' 8 2173.82± SF "' 0.0499± AC. m :20· sewER EASEMEN", DEDICA TEO t WITH THIS PLAT _ ----14808' _ --1I � LOT S i, 2173,82± SF � 0.0499:t AC. 83"49'22" E 30.62' m N 27d07'29" E 12,2T S 39•30'57" E 11 ,62' N 67°02'11" E 20.04' S 57"08'24' E 5· 11' AREA OF NO DISTURSANCE S 74 °59'40" W 14.29' 1 N 86°51'01" W 11.13' LOT 4 21 73.62:t SF 0.0499:t AC. ,s, so'• •s 1. ,/a •fi N 69'34'28ft E 17.50' N 72°56'23" E 22.93' WITH THIS PlAT / I � I ;, I:/ I �;;1 ,. IQ' -£ N 78°49'13" W 19.17' r:-,d,. F , I I s 88 � ·22·E O J, 1rJ' z POINT BEARS / -' N17"17 25"E 13917' 7 FROM "BUILDING TIE." II I I . LOT 9 2173.82± SF 0.0499t AC. LOT 11 VACATED BY THIS PLAT LOT 20 21 73.82i SF 0.0499± AC. OUTLOT A 188,642± SF 4.331± AC. LOT 3 2173.82± SF 0.0499t. AC. OUTLOT A 188,642± SF 4.331± AC. LOT 21 21 73.82± SF 0.0499t AC. LOT 2 21 73.82± SF 0.0499.t;AC. LOT 1 21 73.82± SF 0.0499± AC. 10' DRAINAGE EASEMENT {DEOICATE:OWITIS THIS PLAT) LOT 32 21 13.82:t. SF 0.0499± AC. LOT 30 2173.62.i SF 0.0499:t AC. •o --6 I \ \ OUTLOT A 188,642± SF 4.331± AC. LOT 29 2173.82± SF 0.0499±AC. LOT 33 141 ,923± SF 3.258± AC. ----,r~ I I I 1 o· WATERLINE I EASEMENT REC#20 170073990 -I 11/02/20 17 LOT 3A, 2nd AMENDED PLAT OF LOT 3 CANAIV SUBOIVISK>N AND A PORTION OF LOT 51 GRANO ESTATES SUBDIVISION LOT28 2173,62:t. SF 0.049�AC. \ O' MAINA.GE EASEMENT (OEDl�TEO Willi \ THIS PLAT) Ir "� �--. ...._":, ",'l-�', f'<.-" :,,• ,ri!' •'--,,, �,'b ...;"l.-ri-lb� � :1' :-t" �� ... /, \ I I I I ,.I; LOT 7 I I I I \ l7 I \ I I / / / 1 I I I I I 2173.82:t SF 0.0489t AC. h I 2"07'00" E 2f '1 '"BUILD•!\:, , TIE" L22 DEPARTMENT OF INTERIOR UN,NCORPORATED LARIMER COUNn' BUILDING TIE "AREA OF NO DISTU RBAN CE" LINE TABLE LINE BEARING DISTANCE Al S 89'01 21' w 9.06 FT A2 N 75'16 52 w 6.49 FT A3 N 89"18'14 w 6.98 FT A4 N se·2s'1r w 11 .08 FT A5 S 88'23' 17'' W 12.94 FT A6 N 15'25'18- W 4.71 FT A7 S 64"28'07 w 6.04 FT LOT 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 BEARING N 61'23 13 N 50'55 00 N 37'20 46 N 3S45 17 N 20'29 55 N 1S59 36 N 22"31 56 N 37'08 16 N 46"51 20 N 54"35 41 N 35"50 59 N 30'08 23 N 19'20 30 N 12"32 13 N 03"H OJ N 07'18 o\5 N 21'35 37 N22"11 57 DISTANCE E 408,69 FT E 426.82 FT E 367.26 FT E 351 .34 FT E 289.63 FT E 298.77 FT E 87.06 FT E 143.77 FT E 239.4-4 FT E 286.27 FT E 61 2,47 FT E 587,01 FT w 546.02 FT E 532.60 FT E 475.36 FT E 368.41 FT E 41 9.36 FT E 429.o\5 FT 'J''C, " �. ��-'£>: ...•� I': U'., "'<1-"'<1'-<" .,. 19,� db� 'O! ,,,,;q,, "'·.... J I \ \ -, I \ I 0---,..u I I _.J ---1..--- r I I I I -" \ \ \ \ \ \ \ \ \ \ \ J \ \ \ \ \ _.J I OLYMPUS VIEWS COt-l>OMINIUMS I LOT S1A,2ndAMENDEOPLATOFLOT3CANAIY SUBD1V1SION AND A PORTION OF LOT 51 GRANO ESTATES I I I ,---' I I r _J I I I I I I I I I L _______ .J I SUBOl�N -20' WATERLI NE -EASEMENT RE C#991 05379 AND UTILITY EA SEMENT 10' UTILITl' EAS EMENT DEPARTMENT OF INTERIOR UNINCORPORATED LAR(MER COUNTY I 25 ' UTILITY EAS EMENT I ---z, 1/ /,�II.,,, I I I I I J I I I /I I / I I /, 5' SEWER EASEMENT 8 649 P0064 I I I I I S00"10'52"W / 1 s.1 J' 1---[soo-,o·s2-w 1 ,5.oi , N oo· oo·oo� w3.41' L ___ 10' GASUNE EASEMENT RECl2 001 024J23 _I DEPARTMENT OF INTERIOR UNINCORPORATE□ LARIMER COUNT( N 40 SCALE 1" = 40' LEGEND 80 SUBJECT PROPERTY LINE ------ADJACENT PROPERTY LINE -EASEMENT LINE @---SET 115 REBAR Wf ALUM. CAP PLS #37946 LINE TABLE LINE BEARING DISTANCE L1 S 78'04'3 1" W 14.03 FT L2 S 29'00'33" W 8 \.07 FT L3 N 5T51 '30" W 7.88 FT L4 S J 1"53'36" W 28.70 FT LS S 55'22'25" E J.50 FTL6 S .35·57'23" W 32.97 FT L7 Ns4·.39 21"w 11.98 FT L8 S J6'13 18 w 47.65 FT L9 S 5J'1 7'23" E 11.99 FT L10 S 35•,0'13" W 27.96 FT L 11 N 5J"09 07' W 12.06 FT L12 S .36"12'47" W 47.S 'i FT L1 3 S 52'23'09" E 10.90 FT L14 S 53"00'01 � W 10.64 FT L15 S 78"59 20 w 119.62 FT L16 N 27'54'54" W 131.02 FT L17 S 62'58' 45" W 72.58 FT L18 S 22·24'47" E 29.39 FT L19 S 29·52'26" E 57.31 FT L20 s 10"21 '07' E 11.36 FT L2 1 s 8J'37 02 w 53.30 FT TOWNHOME LOT LINE TABLE LINE BEARING L22 N go•oo oo wL2J N oo·oo oo EL24 N 90'00 00 E L25 s oo·oo oo E L26 N go·oo oo wL27 N 00"00 00 W L28 N 79'06 1 8 WL29 N 90'00 00 W LJO S OffOO 00 Eu1 N 90·00 oo EL32 N 00-00 00 E CURVE TABLE DISTANCE 32.50 26.50 6.00 6,35 3.42 16.8J 9.59 40..4-2 37.25 7.92 14.25 1 ' BUILDING TENVELOPE ITYP.) 20 21 N 33"37 36 E N 34"57 01 E 485.60 FT '185.22 FT CURVE RAD IUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH L25 l 2 6 ..., n L24 LZ8 2173 .82± SF 0.0499± AC. _[ 1' BUILDING ENVELOPE (TYP.) L29 L�I 1 L •I�-�•�I� BUILDING TIE 3' BUILDING ENVELOPE (TYP.) 0 22 N 40'52 10 E 597.86 FT 23 N 41"15 56 E 673.43 FT 24 N 48"1446 E 736.99 FT N 54"27 43 E 846.99 FT N 54"31 36 E 777.15 FT N 5S02 12 E 71 5.32 FT N 57'59 09 E 651 .77 FT N 54"10 42 E 561 .65 FT N 51"24 07 E 580.18 FTN 40'30 47 E 553.02 FT NOTICE OF APPROVAL: APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S. AS AMENDED. LOT CO NFIGURATION ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. " . ...... � -·-- , .. ··--•-•'> � -·--� .. GENERAL NOTES: 1)BOUNDARY LINES INDICATED ON n-ns MAP ARE ADJUSTMENTS OF FORMERBOUNDARY LINES OF THE PROPERTY DEPICTED HEREON.2)AN ALTA WAS UTILIZED TO ESTABLISH BOUNDARY LINES WITH DIMENS10NS BEINGFIELD VERIFIED. ALTA SURVEY JS RECORDED IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER AT RECEPTION No. 20 11004500 DATED 07/271201 1.3)ALL DISTANCES ARE MEASURED IN US SURVEY FOOT. 4) A DEVELOPMENT AGREEMENT HAS BEEN PREPARED TO ADDRESS THE FOLLOWING,• IMPERVIOUS COVERAGE STANDARDS FOR LOT 33•DEVELOPMENT RIGHTS TRANSFER5)OUTLOT A IS TO BE OWNED AND MAINTAI NED BY THE HOMEOWNERS' ASSOCIATION AND INCLUDING FACILITIES (I.E.-STORMWATER FACILITIES, PARKING AREAS, PRIVATE STREETS, OPEN SPACE AND /\REAS OF NO DISTURBANCE).6)AN EASEMENT IS GRANTED FOR THE PARKING SPACES LOCATED ON LOT 33 TO ALLOW use BY LOTS 1 THRU 32 7) THE PURPOSE OF THE AMENDED PLAT IS TO RESITUATE CABINS IN PHASE 2. LOTS 11 AND 25 TO BE VACATED BY TH(S PLAT. C1 50.00 FT C2 15.00 FT C3 35.00 FT C4 275.00 cs 100.00 DEVELOPER: 42.82 FT 24.38 FT \ 5.88 FT 35.81 FT 32.93 FT ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC 9170 EAST BAHIA DRIVE SUITE 101 SCOTTS DALE, AZ. 85260 (480)595-5559 49"03'58" 93"07'57" 25·59 '19" 0727'40" 1B·s2·00" DATE: DESIGNED BY S 53'32'32" W S 75•34'.32" W S 55·59·40" W S 26'08 37 E S 20'26'27" E REVISION: A V 41 .52 FT 21.19 n 15.74 FT 35.79 FT 32.78 FT DRAWN 9Y �J�LR�_ CHECKED 8Y SEPT 2019 81 1.001 JAO SCALE AS SHOWN 1 ... �-,. --.-� - DEDICAT ION STATEMENT KNOWN ALL MEN BY THESE PRESENTS THA--'\OCKY MOUNTAIN HOTEL PROPERTIES I, LLC, BEING THE OWNERS or -I E FOLLOWING DESCRIBED PROPERTY, TO-WIT: "OT 1, LAKE ESTES SECOND ADDITION, co� OF LAR IMER. STATE OF COLORADO AND. .OT 1, LAKE ESTES ADDITION, COUNTY OF LAR IMER. STATE OF COLORADO CONTAI NING 395,779± SQUARE FEET (9.086 ACRES ) MORE OR LESS, ,-,AVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED AS SHOWN ON THIS MAP TO BE KNOWN AS THE AMENDED PLAT OF ESTES PARK RESORT, AND DO ALSO DEDICATE AND CONVEY l"C AND FOR PUBLIC USE FOREVER HEREAFTER EASEMENTS FOR THE iNSTP.�L.ATIO N AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES AS AR!"= l.AIC UT AND DESIGNATED ON THIS PLAT, WITNESS OUR HANDS AND SEALS THlS..J.I_DAY OFf'tMlw:1 , 202'?. OWNER: MOUNTAIN VILLAGE DEVELOPMENT LLC: By:�� L/1 1/&.<l.PPrint Name: "•'°'''-� \._,,,..,...,..,, As: .IV'. .. " ... ")t...r NOTARIAL CERTIFICATE STATE OF "'i-E�%-l )SS COUNTY OF --�'._ ) The foregoing instrument was acknowledged before me this (I day of fe6r••'Y . 20� by P-A.1't"/&k 6.J/,v110,. as Manager of Mountain VilageDevelopment, LLC. Witness my hand and official seal. r � TAMMY A 0£BAISE HOT AAY PUBI.IC ITATE OF COlORAOO NOTARY 10 20054004278 MY COM',ll SSION EXPIRES MARCH 10, 2021 BOARD OF TRUSTEES' CERTIFICATE APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, ON TH E� DAY OFc'vwi� 20m. (f3 \ � ��RK O QQ O .. "" "MAYOF{� -KIE WILLIAMSON TODD JIRSA TOWN ENGINEER APPROVED BY THE TOWN ENGINEER OF THE TOWN OF ESTEci PARK, LARIMER COUNTY, OLORADO THIS IL "-DAY OF Mo...-4 , 20U>A.D. 120 �C, Eair Gr r.1! TOWN ENGINEER SU RVEYOR'S CERTI FICATE I, JEAN A. DAOUD OF AZIMUTH SURVEYING, ,NC, A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE ESTES PARK RESORT, TRULY AND CORRECTLY REPRESENTS THE RES UL TS OF A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION. REG. LAND SURVEYOR #37946 ll!KF. rrst:I.P.V. ,�t.i VICIN ITY MAP SCALE 1 "; 1200' I SUBJ�CT IPROPERTY ; X , 0-. ;:· ,I . J"' -''t'," ¼"" ·:.:,-.®� " � ...... { -o -�. I ....,.1..., / /',, / ' N' PROJ ECT TITl.Ec ESTES PARK RESORT LOT 1, U.Ki: ESTES ADDITION & LOT 1 LAKE ESTES SECOND ADDITION, TOWN OF ESTES PARK, COUNTY 0 LARJMER, STATE OF COLORADO 1692 BIG THOMPSON AVE. SUITE 200 SHEET TITLE: AM ENDED PLAT CORNERSTONE .r.Lf-----------------------1 ENGINEERING & SURVEYING. INC. ESTES PARK, CO 80517 PH: (970) 586-2458 FAX: (970) 586-2459 1 CLIENT: ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC 2019 CORNERSTONE ENGINEERING & SURVEYING, INC.COPYRIGHT -ALL RIGHTS RESERVED ATTACHMENT 5 Page 27 0 u "' u "' E SC I -C 0 "' w I CL LJ / N C 0 " ill "' LJ I 0 0 I ITT / m fl 0 � I en LJ '-'/ LOT 38, GRAND ESTATES SUBDIVISION LOT 40A OF THE AMENDED PLAT OF LOT 40 AND THE EAST 90 FEET OF LOT 41, GRAND ESTATES SUBDIVISION L2s 26.66' NBS-22'29-W 209.50' (N88'26'02"w 209.57') 101.43,162.63' 2nd AMENDED PLAT OF ESTES PARK RESORT LOT 1, LAKE ESTES ADDITION AND LOT 1, LAKE ESTES SECOND ADDITION, COUNTY OF LARIMER, STATE OF COLORADO \ \ 20' RECIPROCAL LOT 2, AMENDED PLAT OF 20' RECIPROCAL EMERGENCY \ EMERGENCY LOT 1 AND LOT 2 CANAIY ACCESS EASEMENT 20' WATERLINE N 88°25'26" W ___ -4-ACCESSEASEMENT SUBDIVISION REC#20170073991 c.sEMENT 30.25' REC#20170073891 -11/02/2017& L..K 11/02/2017 I 20' ACCESS EASEMENT TO LOTS 33 REC#991 05380 428.31' REC#201SOOD6391l N8�26'08"w , I I I I, I I , I I I / / / / ·1 / DATED01/2612018 u 572.41 '/ , I I ! I I I . i / ; / / I ( /I/ I I I I I I ,' If' / / / / / / //I//// I I I/ I I , I , I I I 408.30' (N88"25'26"W 572.46') "BU ILD IN G TIie' L22 LINE BEARING DISTANCE Al N 15·50•12" W 31.5B' A2 S 39'10'06 ' W 31.50' A3 N 83'43 5B W 19.80 A4 N 44'02'48" W 9.02' A5 N 51'31'00" W 12.16' A6 N 77'48'25" W B.19' A7 N 77'28'43" E 11.96' AS N 73"70'72" E 26.56' A9 S 64.28 07 W 6.04' .. , . . ' •·· '· I I 1 o· WATERLINE I EASEMENT REC#20170073990---- I 11/02/2017 LOT 3A, 2nd AMENDED PLAT OF LOT 3 CANAIY SUBDIVISION AND A PORTION OF LOT 51 GRAND ESTATES SUBDMSION /, \ \ \ \ \ \ \ c \ \ \ \ \ ...l "I !1I -, OLYMPUS VIEW$ CONDOMINIUMS I I I I LOT 51A, 2nd AMENDED PLAT OF LOT 3 CANAIY SUBDIVISION AND A PORTION I ________ _J OF LOT 51 GRAND ESTATES I SUBDl�N-20' WATERLINE - [AS[M[NT REC#99105379 AND UTILITY EASEMENT 1 O' UTILITY EA.SEMENT DEPARTMENT OF INTERIOR UNINCORPORATED LARIMER COUNTY I I I / I I / l,s· SEWER EASEMENT B 649 P0064 I I I I I S00"10'52"W / 15,13' 1�--[S00"10'52"w 1 15.01'] : _ N 90 °00'00" W :--./�./ 3.41' EXISTING 60' I I = r ACCESS ALLOWED _ _I PER SPECIAL USE I PERMIT 9-LM-60-L4645 N 89 °59'24" E 2.82 I L __ _ _J 10' GASLINE EASEMENT REC#2001024323 N 29 °41'01" E 26.1'§' -qZo Oo 1!I.; :I:O> aN ·o q.,. -:.. DEPARTMENT OF INTERIOR UNINCORPORATED LARIMER COUNTY I I LIENHOLDER: AVAILA BANK: By: �P�,i-nt=N_a_m_e_:��-=------As: ·--------- NOTARIAL CERTIFICATE STATE OF ______ ) COUNTY OF ) )SS The foregoing instrument was acknowledged before me this ___ day of ___ � 20_ by , as _____________ of Availa Bank. Witness my hand and official seal. (Notary's Official Signature) (Commission Expiration) j N -�40 SCALE 1" = 40' 80 ___ 1=20 LEGEND LINE L1 L2 L3 L4 LS L6 L7 LB L9 L 10 L 11 L 12 L 13 L 14 L 15 L 16 L 17 L 18 L 19 L20 L21 SUBJECT PROPERTY LINE ------ADJACENT PROPERTY LINE -EASEMENT LINE (�) SET #6 REBAR W/ ALUM. CAP ---PLS #37946 LINE TABLE BEARING S 78"04'31" W S 29·00·33" W N 5T51 '30" W S 31·53'35" W S 55·22•25" E S 35·57'23" W N 54'39'21" W s 35·13·1s" w S 53°17'23" E S 35·10·13" W N 53°09'07" W S 35·12'47" W S 52°23°09'0 E S 53'00'01" W S 78"59'20" W N 2T54'54" W S 62.58'45" W S 22°24'47"' E S 29°52'26" ES 10"27'07" E S 83°37'02" W DISTANCE 14.0.3 FT 81.D7 FT 7.BS FT28.70 FT 3.50 FT 32.97 FT 71.98 FT 47.55 FT 11.99 FT 27.96 FT 7 2.06 FT 47.91 FT 7 0.90 FT 10.54 FT 119.62 FT 1.31.02 FT 72.58 FT 29.39 FT 57.31 FT 11.36 FT 53.30 FT DEDICATION STATEMENT KNOWN ALL MEN BY THESE PRESENTS THAT MOUNTAIN VILLAGE DEVELOPMENT, LLC, BEING THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY, TO-WIT: LOT 1, LAKE ESTES SECOND ADDITION, COUNTY OF LARIMER, STATE OF COLORADO AND, LOT 1, LAKE ESTES ADDITION, COUNTY OF LARIMER, STATE OF COLORADO CONTAINING 395,779± SQUARE FEET (9.086 ACRES) MORE OR LESS, HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED AS SHOWN ON THIS MAP TO BE KNOWN AS THE 2nd AMENDED PLAT OF ESTES PARK RESORT, AND DO ALSO DEDICATE AND CONVEY TO AND FOR PUBLIC USE FOREVER HEREAFTER EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES AS ARE LAID OUT AND DESIGNATED ON THIS PLAT, WITNESS OUR HANDS AND SEALS THIS __ DAY OF ___ , 20_. OWNER: MOUNTAIN VILLAGE DEVELOPMENT, LLC: By: _______________ _ Print Name: ---------As: --------- NOTARIAL CERTIFICATE STATE OF ______ ) COUNTY OF ) )SS The foregoing instrument was acknowledged before me this ___ day of --,----· 20_ by ________ , as Manager of Mountain Village Development, LLC. Witness my hand and official seal. (Notary's Official Signature) (Comm1ss1on Exp1rat1on) BOARD OF TRUSTEES' CERTIFICATE APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, ON THE __ DAY OF---� 20_. TOWN CLERK JACKIE WILLIAMSON TOWN ENGINEER MAYOR TODD JIRSA APPROVED BY THE TOWN ENGINEER OF THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO THIS __ DAY OF _____ , 20_ A.D. TOWN ENGINEER SURVEYOR'S CERTIFICATE I, JEAN A. DAOUD OF AZIMUTH SURVEYING, INC, A DULY REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE 2nd AMENDED PLAT OF ESTES PARK RESORT, TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION. REG. LAND SURVEYOR #37946 ' TOWNHOME LOT LINE TABLE " .-· .---._ lJllf.1::EST'H rtE� 1112 N LINE BEARING DISTANCE L22 N 90'00 00 W N oo·oo·ao� E 32.50 L23 26.50' ! L24 L25 L26 L27 L28 L29 N go·oo·oo" ES 00-00 00 E N go·oo·oo" w 6.00' 6.35 3.42' Fair" Ground:; L30 L31 L32 N 00'00 00 W N 79"06 18 W N 90'00 00 W S 00'00'00" E N so ·oo'oo" EN oo·oo·oo" E CURVE TABLE 16.83 9.59 40.42 37.25' 7.92' 14.25' f----------j!"\'-"c"""',..._.. 1' BUILDING JENVELOPE (TYP.) N n �CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BC<\RING CHORD LENGTH I� 217.3.82± SF 0.0499± AC. 1' BUILDING -ENVELOPE (TYP.) L29 L37 BUILDING TIE LC '', 7 3' BUILDING ENVELOPE (TYP.) 26 27 28 29 30 31 32 N 54'31'36" E N 58"02'12" E N 57'59'09 E N 54'10 42 E N 51'24 D7 E N 40'30 47 E 846.99 FT 777.15 FT 715.32 FT 651.77 FT 561.65 FT 580.18 FT 553.02 FT NOTICE OF APPROVAL: APPROVAL OF TH IS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ART ICLE 6B OF TITLE 24, C.R.$. AS AMENDED. 2os.,2',ioa.ss)2oa.i'\ GENERAL NOTES: 1)BOUNDARY LINES INDICATED ON THIS MAP ARE ADJUSTMENTS OF FORMER BOUNDARY L INES OF THE PROPERTY DEPICTED HEREON. 2) AN ALTA WAS UTI L IZED TO ESTABLI SH BOUNDARY LINES WITH DIMENSIONS BE INGFIELD VERI FI ED. ALTA SURVEY IS RECORDED IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER AT RECEPTION No. 2011004500 DATED 07/27/2011. 3)ALL DISTANCES ARE MEASURED IN US SURVEY FOOT. 4)A DEVELOPMENT AGREEMENT HAS BEEN PREPARED TO ADDRESS THE FOLLOWING: • IMPERVIOUS COVERAGE STANDARDS FOR LOT 33 • DEVELOPMENT RIGHTS TRANSFER 5) OUTLOT A IS TO BE OWNED AND MA INTAINED BY THE HOMEOWNERS' ASSOCIATION AND INCLUDING FACILI TIES (I .E.-STORMWATER FAC ILITIES, PARKING AREAS, PRI VATE STREETS, OPEN SPACE AND AREAS OF NO DISTIJRBANCE). Cl 50.00 FT 42.82 FT C2 15.00 FT 24.38 FT C3 35.00 FT 15.88 FT C4 275.00 35.81 FT C5 100 00 32 93 FT DEVELOPER: ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC 9170 EAST BAHIA DRIVE SUITE 101 49"03'58" 93"07'57" 25·59'19" 07"27'40" 18"52'00" DATE: 09/15/2020 S 53·32'32" W S 75·34·32" W S 55·59'40" W S 26"08'37" E S 20·25'27" E REVISION: 41.52 FT 21.79 FT 15.74 FT 35.79 FT 32.78 FT PLANN NG COMMISSION REVISIONS BY: VICINITY MAP SCALE 1"=1200' PROJECTTITLEc ESTES PARK RESORT LOT 1, LAKE ESTES ADDITION & LOT 1 LAKE ESTES SECOND ADDITION, TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO 1--------t---------------i----"'I SHEETTITLE 2nd AMENDED PLAT OF 11..JrOOS 1692 BIG THOMPSON AVE. SUITE 200 ESTES PARK, CO 80517 PH: (970) 586-2458 FAX: (970) 586-2459 LOT CONFIGURATION ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT, IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVE Y BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 6)AN EASEMENT IS GRANTED FOR THE PARKING SPACES LOCATED ON LOT 33 TO ALLOW USE BY LOTS 1 THRU 32. SCOTTSDALE, AZ. 85260 (480)595-5559 APPROVEDBY ....!fil1..._ JOB NO. SHEET SHEET ESTES PARK RESORT CORNERSTONE 7)THE PURPOSE OF THE AMENDED PLAT IS TO ADD AN ADD ITIONAL GARAGE UNIT (GB) AND DEDI CATE NECCESSARY UTILITY EASEMENTS. DESIGNED BY DRAWN BY CHECKED BY JLR JAD l--'""'""''--t"""",_'+"""'""+----"""---"--------------""11 ENGINEERING & SURV EYING, INC.- =-1 1 �-�==-811004 ROCKY MOUNTAIN HOTEL PR OPERTIES I, LLC i'!5�vcrii��iR!r��:h��g1��:��;SURVEYING,INC ATTACHMENT 6 Page 28 COMMUNITY DEVELOPMENT Memo To: Through: From: Date: RE: Honorable Mayor Koenig Board of Trustees Town Administrator Machalek Alex Bergeron, Planner II October 27, 2020 Ordinance 13-20 Right-of-Way Vacation, Portion of Big Horn Drive, 113 E.Elkhorn Avenue, B. Wade Investments, LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Make a decision on a request to vacate a portion of the Big Horn Drive right-of-way (ROW) near its intersection with E. Elkhorn Avenue; specifically, that portion of the building addressed 113 E. Elkhorn Avenue and located on a parcel legally described as LOT 16A, AMD LOTS 15, 16 & 17, BLK 2, 2ND AMD BLK 2, EP, and further identified with Parcel Number 3525156016 (hereinafter referred to as “the Site”), which currently extends over the private property line into the Town’s ROW. Present Situation: Two portions of the building addressed 113 E. Elkhorn Avenue, located on the northeast corner of the intersection of Big Horn Drive and E. Elkhorn Avenue, currently extend over the western property line of the Site and into the Town’s ROW. The maximum extent of the ROW encroachment is about eight feet (found on the southerly portion), and there is also a much more minor area of encroachment north of there (see Attachment 1: Ordinance 13-20 “Exhibit A”, and see also Attachment 3: Site Plan). This effectively represents a negative setback of 16 feet, because the minimum front setback for the double-frontage lot is eight feet. On September 1, 2020, the Estes Park Board of Adjustment conditionally approved a variance request (hereinafter referred to as “the Variance”) for a zero-foot setback along the western property line of the Site to: 1) allow placement of an addition to the building to be closer to the street than would be otherwise permitted per zone district setback regulations; and 2) to assist in the reconciliation of the existing ROW encroachment and setback issue. For practical reasons, the Variance is conditional on the Town Board REQUEST TO CONTINUE TO NOVEMBER 10, 2020 Page 29 2 voting favorably to vacate the ROW which currently features the building encroachment because providing for a zero-foot setback would not be functionally realized if any portion of the building continues to extend beyond that the property line. Though a separate matter from the Variance in this context, it is worth explaining that the proposed Lumpy Ridge tap room addition, and a planned exterior remodel elsewhere on the building, is also dependent on ROW vacation because the ROW encroachment effectively prohibits modification of the building. Section 12.08.040 of the Municipal Code, which deals with obstruction of public ROWs, requires that if any existing building obstructing the street/sidewalk is "remodeled or materially altered," obstructions shall be removed. Proposal: The applicant seeks the ROW vacation shown on Attachment 4 (Vacation Exhibit) to permit desired modification to the subject building and to realize the recently-approved Variance for the Site. As a condition of ROW vacation, any development plan approval for an addition to the building (or building permit issuance if no development plan is required), including the proposed Lumpy Ridge Taproom, must be contingent on installation of curb and gutter improvements. Advantages: ROW vacation cleans up a long-standing property issue for a 100-year-old building in the downtown commercial core of Estes Park, allows a conditionally-granted setback variance to be realized, and permits improvements to the subject building which are consistent with the Estes Park Development Code and the goals and objectives of the Comprehensive Plan. Disadvantages: Realization of the Variance and the related ROW vacation may interfere with realignment of Big Horn Drive and Moraine Avenue, if that is desired at a future date. Action Recommended: Staff recommends that the Town Board approve the request to vacate a portion of Big Horn Drive as shown and described on Attachment 4. Finance/Resource Impact: Financial impact considerations might relate to the value of the Town ROW proposed to be vacated. However, it is the opinion of staff that the installation of the aforementioned curb and gutter improvements is of value in its own right. Also, the fact that the ROW is currently occupied by a building diminishes the functional benefit of ROW possession by the Town should it find it undesirable to attempt repossession of the subject ROW. Level of Public Interest Low: one public comment regarding site access was received from the neighbor to the north (who also spoke during the public hearing for the Variance), and the Estes Park Trail-Gazette did contact the Community Development Department for information around that same time, which suggests there is some level of public interest, but no further contacts have been made since then and none have been received specific to this application as of this writing. Page 30 3 Sample Motions: I move that the Town Board of Trustees APPROVE Ordinance 13-20, including the findings as identified in the Ordinance. I move that the Town Board of Trustees deny Ordinance 13-20, finding that [state findings for denial]. I move to continue Ordinance 13-20 to the next regularly scheduled meeting, because (State reasons for continuance.) Attachments: 1. Ordinance 13-20 2. Vicinity Map 3. Site Plan 4. Application Form 5. Statement of Intent Page 31 ORDINANCE 13-20 AN ORDINANCE VACATING A PORTION OF THE BIG HORN DRIVE RIGHT-OF- WAY WHEREAS, the applicants, B. Wade Investments, LLC and Trail Ridge Consulting Engineers, LLC, have requested that the Town vacate portions of the Big Horn Drive right- of-way; and WHEREAS, the portions of the right-of-way proposed to be vacated are currently occupied by an existing and long-standing building encroachment; and WHEREAS, the affected agencies with interests involving the right-of-way portions in question have expressed no opposition to or concerns with the vacation request; and WHEREAS, vacation of the portions of Big Horn Drive as proposed is necessary for the realization of a setback variance conditionally granted on September 1, 2020, by the Estes Park Board of Adjustment for the lot on which the majority of the encroaching building is located; and WHEREAS, approval of this Ordinance requires that any development plan approval for an addition to the subject building (or building permit issuance if no development plan is required) must be contingent on installation of curb and gutter improvements to the satisfaction of the Public Works division; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to permanently vacate portions of the Big Horn Drive right-of-way as more fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Board of Trustees of the Town of Estes Park, Colorado hereby vacates portions of the Big Horn Drive Right-of-Way as set forth on Exhibit A hereto. The Town Administrator or designee shall record this ordinance with the County Clerk and Recorder. Section 2: As a condition of this vacation, any forthcoming development to the building located at 113 East Elkhorn Avenue, within the area encompassed by this vacation, must include the installation of curb and gutter improvements to the remaining right-of-way adjacent to such lot. Section 3: This Ordinance shall take effect and be enforced 30 days after its adoption and publication. ATTACHMENT 1 Page 32 PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado, this day of , 2020. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2020 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of _________, 2020, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 33 LOT 16A BLOCK 2 TOWN OF ESTES PARK BIG HORNDRIVE R.O.WRIGHT OF WAY VACATION LEGAL DESCRIPTIONS TWO PARCELS OF LAND LOCATED WITHIN PLATTED RIGHT-OF-WAY FOR BIG HORN DRIVE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS LEGAL DESCRIPTION FOR PARCEL 1 (DIMENSIONS NOTED AS P1 ON EXHIBIT) A PORTION OF RIGHT-OF-WAY FOR BIG HORN DRIVE, PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING A PORTION OF THE SOUTH LINE OF LOT 27, BLOCK 10, TOWN OF ESTES PARK, TO BEAR N72°20'31"E AS SHOWN HEREON WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, BEGINNING AT THE NORTHWEST PROPERTY CORNER OF LOT 16A, BLOCK 2, TOWN OF ESTES PARK, THENCE S00°01'39"W 63.33' ALONG THE WEST LINE OF SAID LOT 16A TO THE POINT OF BEGINNING. THENCE S00°01'39"W A DISTANCE OF 7.55 FEET ALONG THE WEST LINE OF SAID LOT 16A. THENCE N06°05'22"W A DISTANCE OF 7.51 FEET. THENCE N83°54'38"E A DISTANCE OF 0.80' TO THE WEST LINE OF SAID LOT 16A TO THE POINT OF BEGINNING, CONTAINING 3.02 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION FOR PARCEL 2 (DIMENSIONS NOTED AS P2 ON EXHIBIT) A PORTION OF RIGHT-OF-WAY FOR BIG HORN DRIVE, PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING A PORTION OF THE SOUTH LINE OF LOT 27, BLOCK 10, TOWN OF ESTES PARK, TO BEAR N72°20'31"E AS SHOWN HEREON WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, BEGINNING AT THE NORTHWEST PROPERTY CORNER OF LOT 16A, BLOCK 2, TOWN OF ESTES PARK, THENCE S00°01'39"W 103.16' ALONG THE WEST LINE OF SAID LOT 16A TO THE POINT OF BEGINNING. THENCE S00°01'39"W A DISTANCE OF 35.80 FEET ALONG THE WEST LINE OF SAID LOT 16A. THENCE S83°54'38"W A DISTANCE OF 0.63 FEET. THENCE N51°05'22"W A DISTANCE OF 5.15 FEET. THENCE N06°05'22"W A DISTANCE OF 31.96 FEET. THENCE N83°54'38"E A DISTANCE OF 8.08 FEET TO THE WEST LINE OF SAID LOT 16A TO THE POINT OF BEGINNING, CONTAINING 213.25 SQUARE FEET MORE OR LESS. www.trailridgece.com 970-308-8221 dbangs@trailridgece.com1191 WOODSTOCK DR, ESTES PARK, CO 80517 1 EXHIBIT A RIGHT-OF-WAY VACATION LOCATED IN THE NE 1 4 OF THE NW 1 4 OF SECTION 25, TOWNSHIP 5N, RANGE 73W SCALE: 1" = 30' 60'30'0 EXHIBIT A: RIGHT-OF-WAY VACATION 2020025 BOR DAB 9/16/2020 113 E ELKHORN AVE. ESTES PARK, CO 80517 PARCEL 1 DETAIL SCALE 1"=10' Page 34 CLEAVE ST CLEAVE ST 10 I W ElKHOf{NAVE W ELKHORN AVE .E] ATTACHMENT 2 Page 35 (∆ BASE O F C LI F F BASE OF CLIFFBIG HORN DRIVE E ELKHORN AVENUELOT 27 BLOCK 10 TOWN OF ESTES PARK LOT 16A BLOCK 2 TOWN OF ESTES PARK LOT 15A BLOCK 2 TOWN OF ESTES PARK BLOCK 2 TOWN OF ESTES PARK CONCRETE PAN COVERED PATIO FIRST FLOOR FFE = 7538.00'SHED SHED 6'x6' CONTAIN - ER SHED CLEAVE STREETNEW PAVED PARKING LOT PROPOSED TAP HOUSE EXISTINGR-O-W44.2'8' MIN FRONTAGE SETBACK APPROVED 0' FRONTAGE SETBACK 16' MAX FRONTAGE SETBACK PORTION OF BUILDING ENCROACHING IN RIGHT OF WAY PORTION OF BUILDING ENCROACHING IN RIGHT OF WAY SITE PLAN 113 E ELKHORN AVENUE OWNER B WADE INVESTMENTS LLC 6624 POWELL ST LOVELAND, CO 80538 ENGINEER/CONTACT PERSON TRAIL RIDGE CONSULTING ENGINEERS, LLC 1191 WOODSTOCK DRIVE ESTES PARK, CO 80517 ZONING INFORMATION SUBJECT PROPERTY ZONING CLASSIFICATION: CD - COMMERCIAL DOWNTOWN SURROUNDING PROPERTY ZONING CLASSIFICATION: CD - COMMERCIAL DOWNTOWN FRONT BUILDING SETBACK: MIN = 8'; MAX = 16', 0' SETBACK PROPOSED REAR BUILDING SETBACK: IF LOT ABUTS A RESIDENTIAL PROPERTY = 10'; ALL OTHER CASES = 0' SIDE BUILDING SETBACK: IF LOT ABUTS A RESIDENTIAL PROPERTY = 10'; ALL OTHER CASES = 0' GENERAL NOTES 1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE INTERPRETED AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY. 2.PLATTED BEARINGS WERE ROTATED 0°27'03" COUNTER-CLOCKWISE TO MATCH GEODETIC BEARINGS MEASURED BETWEEN THE TWO FOUND MONUMENTS SHOWN HEREON. BEARINGS FOR THIS SITE PLAN ARE BASED ON THESE TWO MONUMENTS, CALCULATED TO BEAR N72°20'31"E. 3. ONLY VISIBLE SURFACE UTILITIES ARE SHOWN HEREON. TRAIL RIDGE CONSULTING ENGINEERS DID NOT CALL FOR UNDERGROUND UTILITY LOCATES PRIOR TO THE FIELD SURVEY AND DOES NOT WARRANT THE LOCATIONS OF THE UTILITIES AS SHOWN HEREON. THAT RESPONSIBILITY LIES WITH THE OWNER/CONTRACTOR. 4. CONTOURS SHOWN HEREON ARE AT A 1-FT INTERVAL AND ARE BASED UPON IN-THE-FIELD GROUND SHOTS AND TERRESTRIAL LIDAR SCANS USING A TRIMBLE SX10. 5. THE BOUNDARY OF LOT 16A ACCORDING TO THE AMENDED PLAT OF LOTS 15, 16, AND 17 (RECEPTION NO. DOES NOT CLOSE MATHEMATICALLY. LEGAL DESCRIPTION (PER WARRANTY DEED AT RECEPTION #20200003577) AMENDED PLAT OF LOTS 15, 16 AND 17, BLOCK 2 2ND AMENDED PLAT TO THE TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO 10' SCALE: 1" = 10' 0 20' 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2020 DAB ATTACHMENT 3 Page 36 Revised 2020.04.23 ks Condominium Map Preliminary Map Final Map Pre-App Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat Project Description Lot Size Area of Disturbance in Acres Proposed Land Use Town Well None Town Well None Existing Sanitary Sewer Service EPSD UTSD Septic None Proposed Sanitary Sewer Service EPSD UTSD Septic Is a sewer lift station required?Yes No Existing Gas Service Other None Existing Zoning Proposed Zoning Are there wetlands on the site?Yes No Site staking must be completed at the time application is submitted. Complete?Yes No Name of Primary Contact Person Complete Mailing Address Primary Contact Person is Owner Applicant Consultant/Engineer Existing Land Use Existing Water Service Attachments Proposed Water Service Site Access (if not on public street) 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. Project Address Parcel ID # Legal Description General Information Boundary Line Adjustment ROW or Easement Vacation Street Name Change Time Rezoning Petition Annexation Request Extension Other: Please specify Project Name Supplemental Map ESTES PARK PLANNING DEPARTMENT APPLICATION Type of Application Submittal Date: Site Information Application fee Statement of intent 2 copies (folded) of plat or plan 11" X 17" reduced copy of plat or plan Xcel Primary Contact Information Community Development Department Phone: (970) 577-3721  Fax: (970) 586-0249  www.estes.org/CommunityDevelopment Town of Estes Park  P.O. Box 1200  170 MacGregor Avenue  Estes Park, CO 80517 Other (specify) Other (specify) Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org PLEASE CHECK ONLY ONE BOX Sign Purchase ($10) $77$&+0(174 Page 37 Page 38 Page 39 PAGE 1 OF 3 October 6, 2020 Community Development Department Town of Estes Park 970-577-3729 RE: Statement of Intent for 113 E. Elkhorn Ave Right-Of-Way Vacation To Whom it May Concern: Trail Ridge Consulting Engineers, LLC is pleased to submit this Application for Right of Way (ROW) Vacation on behalf of the owners of the property located at 113 E. Elkhorn Ave. This letter is to serve as the Statement of Intent for the proposed project and will provide general descriptions regarding compliance with the key applicable standards for review as defined in the Estes Valley Development Code. Please refer to the Site Plan submitted herewith for specific details regarding the proposed project. Project Information The subject property is located at 113 East Elkhorn Avenue with approximately 0.16 acres of land area. The parcel is previously developed for retail use with an existing commercial building on site. The property is zoned CD-Downtown Commercial per the Estes Valley Zoning District Maps. The proposed project involves constructing an addition on the south side of the building and updating the exterior finishes. The building addition is not impacted by the proposed Right of Way vacation and will be reviewed under a separate application. Exterior updates include new: siding, awnings, stonework, windows and doors. A portion of the existing building encroaches into the existing Right of Way for Big Horn Drive. The ROW vacation request is for the portion of the existing building that extends beyond the existing property line. A variance request was approved by the Town of Estes Park Board of Adjustment on September 1st 2020 to allow for a zero lot line setback along the street frontage, contingent on the ROW vacation being approved and the installation of curb and gutter on the lot’s Big Horn Drive frontage. ATTACHMENT 5 Page 40 PAGE 2 OF 3 Compliance with General Development and Subdivision Standards Zoning District Standards: Zoning is to remain unchanged. Lots are currently zoned Commercial Downtown Transportation: The existing paved road will remain unchanged. Transportation impact will not be affected by ROW vacation. Electric- Town of Estes Park The proposed vacated road will not affect existing electric services. Water- Town of Estes Park The proposed vacated road will not affect existing water services. Sewer- Upper Thompson Sanitation District The proposed ROW vacation will not affect existing sewer services. Natural Gas- Xcel Energy The proposed ROW vacation will not affect existing gas services. Communications/Broadband- TDS or Century Link The proposed ROW vacation will not affect existing communications services Access The ROW vacation will begin at the existing southwest building corner of 113 E Elkhorn Ave., and continue to the point of contact between the building and property line. This vacation is only for the portion of building that exceeds existing property boundaries. Mapped Hazard Areas: The subject property is located within the mapped Special Flood Hazard Area. The proposed Right of Way vacation will not impact the mapped hazard area. Page 41 PAGE 3 OF 3 Additional Information The subject property is located in a high-density commercial area where original platted property lines, setbacks and ROW dedications were created in the early 1900s. Platted property boundaries, road locations and building footprints are generally conflicting in the downtown corridor depending on the era the building was constructed and the regulatory permitting requirements of the time. Additionally, the existing Plat does not reflect the existing configuration of roads, ROW and buildings in the area. The existing building is located over the current western property line. The requested ROW vacation will resolve a longstanding building encroachment while maintaining existing pedestrian and vehicular functionality along Big Horn Drive. The proposed addition does not impact any existing easements or public utilities. We thank you for time and consideration of the requested ROW vacation. If there are any questions about the project or items discussed above, please do not hesitate to contact me at 970-308-8221. Sincerely, David Bangs, P.E. Principal Engineer Trail Ridge Consulting Engineers, LLC Page 42 TOWN BOARD MEETING October 27, 2020 Report and Discussion Item 1. East Troublesome Fire Update. No packet material will be provided for this item. Page 43 Page 44 TOWN BOARD MEETING October 27, 2020 Report and Discussion Item 2. COVID-19 Update from Larimer County Department of Health and Environment. No packet material will be provided for this item. Page 45 Page 46 TOWN ATTORNEY Memo To: Honorable Mayor Koenig Board of Trustees From: Town Attorney Kramer Date: October 27, 2020 RE: Resolution 62-20 Continuing the Declaration of Local Emergency Due to Wildfire (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Allow the declared state of local emergency due to wildfire to continue. Present Situation: Town Administrator Machalek approved a Declaration of Local Emergency Due to Wildfire on Friday, October 23. The entire Town remains under a set of voluntary and mandatory evacuation orders, as the wildfire activity surrounding the Town continues to present an emergent threat to life, health, safety, and property within the Town. The emergency operations center is active. By statute and code, the declaration will terminate October 30 unless the Board continues it. Proposal: Continue the declaration of local emergency due to wildfire until rescinded. Advantages: Continues the implementation of all applicable emergency plans. Allows the Town Administrator to respond to unfolding events with any needed emergency orders. Indicates an ongoing state of emergency for any available aid or assistance. Disadvantages: None identified. Action Recommended: Approve resolution 62-20. Finance/Resource Impact: Page 47 The resolution itself has no identified financial impact. It may make financial assistance more accessible than if the declaration were to terminate October 30, should emergency activities continue past that date. Level of Public Interest The interest in the emergency is extremely high, but the interest in this resolution is likely much lower. Sample Motion: I move for the approval of Resolution 62-20. Attachments: 1.Resolution 62-20 2. Declaration of Local Emergency Due to Wildfire, dated October 23, 2020. Page 48 RESOLUTION 62-20 A RESOLUTION CONTINUING THE DECLARATION OF LOCAL EMERGENCY DUE TO WILDFIRE WHEREAS, the Town Administrator declared an emergency on October 23, 2020 due to wildfire; and WHEREAS, for the reasons described in the declaration, the Town is in a state of emergency and will continue to be in a state of emergency for a period of time. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees hereby consents to the continuation of the declaration of local disaster emergency proclaimed by the Town Administrator on October 23, 2020, until the declaration is rescinded. DATED this 27th day of October, 2020. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Page 49 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Town Administrator’s Office [for Town Administrator letterhead] DECLARATION OF LOCAL EMERGENCY DUE TO WILDFIRE WHEREAS, the Cameron Peak Fire began on August 13, 2020, at approximately 207,000 acres is the largest wildfire in Colorado history, has forced evacuations in Glen Haven less than ten miles from the Town of Estes Park, threatens egress from the Town on US 34 to the east, and threatens to the Town itself from the north; WHEREAS, the Calwood Fire began on October 17, 2020, is approximately 10,000 acres in size, has forced evacuations in the Lyons area, and threatens egress from the Town on US 36 to the southeast and Highway 7 to the south; WHEREAS, the East Troublesome Fire began on October 14, 2020, is over 170,000 acres in size, has forced evacuations in Grand Lake, threatens egress from the Town on Trail Ridge Road to the west and Highway 7 to the south, is currently about three to four miles from town limits, and threatens the Town imminently from the west; WHEREAS, all egresses from the Town are therefore threatened; WHEREAS, all of the Town of Estes Park is now under mandatory or voluntary evacuation orders due to the threat from the East Troublesome Fire; WHEREAS, the Town has activated its emergency operations center, and the Town Administrator now seeks to declare a local emergency due to the wildfires; and WHEREAS, the Town Administrator is authorized to declare a local emergency pursuant to section 24-33.5-709, C.R.S., and section 2.28.030 of the Estes Park Municipal Code, which declaration cannot be continued or renewed for more than seven (7) days without the approval of the Town Board of Trustees; and WHEREAS, this declaration activates any and all local and inter-jurisdictional emergency plans and authorizes aid and assistance under the plans. NOW, THEREFORE, I, Travis Machalek, Town Administrator of the Town of Estes Park, pursuant to the authority vested in me by the statutes of the State of Colorado and the Estes Park Municipal Code, declare as follows: Section 1: A local disaster emergency now exists in the Town of Estes Park, Colorado and may continue to exist for the purposes of responding to wildfire. Section 2: This declaration shall be effective immediately, and it shall be in effect until rescinded, except that it shall terminate seven (7) days from the date hereof unless within that time the Estes Park Board of Trustees consents to its continuance. ATTACHMENT 2 Page 50 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG Town Administrator’s Office Section 3: Actions that may be taken in response to the emergency include, without limitation, evacuations, structure protection, emergency utility service actions, first responder operations, incident management, and information sharing. The duration of this emergency will be until these wildfires and their secondary impacts no longer threaten life, safety, health, and property within the Town of Estes Park. Section 4: This declaration shall be given prompt and general publicity and copies shall be filed promptly with the Town Clerk and with the Colorado Division of Homeland Security & Emergency Management. ADOPTED this 23rd day of October, 2020. Travis Machalek Town Administrator ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 51