HomeMy WebLinkAboutPACKET Town Board 1993-10-26BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 26, 1993 7:30 P.M. AGENDA Swearing-In Ceremony for Gary R. Brown, Trustee. PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated October 12, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, October 14, 1993. B. Planning Commission, October 19, 1993 (acknowledgement only). ACTION ITEMS: 1. Planning Commission: A. Public Hearing: North Ridge Meadow Condominiums, Second Amended Plat, East Park Subdivision, Rich Wille/Applicant. B. Public Hearing: Amended Plat of Lot 27, and a Portion of Lot 28, Little Prospect Mountain Addition, John Gibbs/Applicant. C. Public Hearing: Special Review #93-3, Lot 6, Manford Addition, for U-Haul Truck/Trailer Storage and Propane Dispensing, Gerry Dougherty/Applicant. 2. EPURA Commissioner - filling vacancy (Pohl), 5-year term expires September 15, 1998. 3. Colorado Water Resources and Power Development Authority - refinancing of Small Water Resources Loan. 4. Town Administrator's Report.
Town of Estes Park, Larimer County, colorado, October 12. . . ., 19. 93. regular Minutes of a........ meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the .. 12.th day of .... Octaber. ., A.D., 19. .93 I at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Dannels Trustees Robert Dekker Susan Doylen Stephen Gillette David Habecker George Hix Also Present: Gary Klaphake, Town Administrator Gregory A. White, Town Attorney Tina Kuehl, Deputy Town Clerk Absent: None Mayor Dannels called the meeting to order at 7:30 p.m. PUBLIC INPUT. Mr. Ed McKinney, a resident of Estes Park for one year, commended the Board and staff for the "beauty and livability" of the community. However, he expressed concern regarding the funds necessary to assure future "open space and sense of open space". CONSENT CALENDAR: 1. Town Board Minutes dated September 28, 1993. 2. Bills. 3. Committee Minutes: A. Light & Power, October 7, 1993. It was moved and seconded (Hix/Habecker) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Light & Power Committee, October 7, 1993: 1993 Electric Rate Studv - Public Hearing. It was moved and seconded (Hix/Dekker) the public hearing for the 1993 Electric Rate Study be set for November 23, 1993, and it passed unanimously. Prospect Mountain Lease Agreement. The proposed lease agreement between the National Park Service, Robert and Nell Heron and the Town allows the Town to maintain its radio facilities on Prospect Mountain and calls for additional rent for expansion. The rent is $2,400 with annual increases indexed to the Denver CPI, and includes a 5-year term with an option to renew for two additional 5-year terms. The lease will remain in force should the property be sold. It was moved and seconded (Hix/Dekker) the Prospect Mountain Lease Agreement as described above be approved, and it passed unanimously.
Board of Trustees - October 12, 1993 - Page 2 2. EPURA Plan Amendment Public Hearing. It was moved and seconded (Hix/Habecker) the EPURA Plan Amendment Public Hearing be tabled indefinitely awaiting a decision on The stanley Historic District Master Plan, and it passed unanimously. 3. Appointments. Board of Trustees: Mayor Dannels nominated Gary R. Brown to serve as Trustee succeeding Norbert L. Aldrich. Pursuant to the Municipal Code, this original 4-year term will expire at the next regular election scheduled April 5, 1994. It was moved and seconded (Dekker/Gillette) Gary R. Brown be appointed to fill the Town Board vacancy, replacing Mr. Aldrich as a member of the Light and Power Committee and the Public Safety Committee, and it passed unanimously. A swearing-in ceremony will be conducted October 26, 1993. Mayor Dannels appointed George Hix as Chairman of the Light and Power Committee. EPURA Commissioner: Mayor Dannels postponed the announcement to fulfill a vacancy on the EPURA Board until the next meeting. 4. 1994 Budget. As required by State Statute, Finance Officer Vavra introduced the preliminary budget for 1994 and read the Introductory Resolution relating to the this budget. The budget will be reviewed at the Administrative Committee Meetings scheduled for November 4th and 18th. 5. Ordinance #17-93 - Public Purpose Sign. Riverside Plaza. The Town Attorney read an ordinance regarding the placement of banner sleeves in Riverside Plaza to identify performing groups. It was moved and seconded (Doylen/Gillette) the Ordinance be approved, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, and ordered it numbered 17-93 and published according to law. 6. Town Administrator•s Report. Town Administrator Klaphake and Finance Officer Vavra reported that on October 1, 1993, the Town received the final installment on the sale of Windy Gap water to MDC/Superior I Metropolitan District. over the life of this sale, MDC/Superior has paid the Town in excess of $4 million principal and interest. MDC/Superior is responsible for its pro-rata portion of debt service to the Northern Colorado I Water Subdistrict. Assuming all payments are made over the life of the bonds, this will amount to just under $21.3 million which the water fund will not be required to pay. The Board commended Town Attorney White and staff for their continued effort to settle this issue. There being no further business, it was moved and seconded (Hix/Habecker).the Board enter Executive Session to consult with the Town Attorney regarding current litigation, and it passed unanimously. Mayor Dannels adjourned the meeting at 8:00 p.m., to enter Executive Session. Mayor Deputy Town Clerk
' BRA'FORIPUILISHING.0. RECORD OF PROCEEDINGS Community Development Committee October 14, 1993 Committee: Chairman Dekker, Trustees Doylen and Hix Attending: All Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Advertising Manager Marsh, Con ference Services Coordinator Thomas, Sales and Marketing Director Pickering, Acting Museum Director Kilsdonk, Deputy Clerk Kuehl Absent: None Chairman Dekker called the meeting to order at 10:00 a.m. ADVERTISING - REPORT Director Stamey reported a 5.6% decrease in packet requests and a 4.1% decrease in 800# requests over the same period last year. The Committee discussed reasons for these decreases. Town Administrator Klaphake reported that tourism is flat and per capita spending is down. Sales tax would also be flat without the current home building in the area. Conversion Study survey returns as of October 11, totaled 836 or a 20% return from the 4,258 mailed. Another 1,200 will be mailed in November. Current advertising program projects include the Surprise Sale and October Gold promotions, Christmas parade and holiday shopping insert, and development of the 1994 magazine ads and "Open All Year" rotating newspaper ads. CONFERENCE CENTER UPDATE Sales and Marketing Director Pickering reported that the Snow and Ice Conference generated 1,200 attendees, the largest group hosted in the Conference Center history. Conference Services Coordinator Thomas was commended for his organization of this conference. The only major problem was traffic congestion on the first day. Both the Public Works Department and the Police Department acted quickly to alleviate the situation. A future solution could involve better signage, coordination with outlying lots, and manpower to direct traffic. The economic impact from this conference is estimated at % million dollars. Estes Park is being considered as the permanent home for the Snow and Ice Conference because of the desirable location and the convenient community services. TRANSPORTATION ADVISORY GROUP - RECOMMENDATIONS Director stamey reported that the primary purpose Of the Transporation Advisory Group was to evaluate the acquisition of buses in conjunction with the Town of Avon. The group expanded their discussions and following are their recommendations: · Discontinue negotiations with the Town of Avon to acquire two buses, because of budget constraints, operating costs, and community suitability. · Examine purchase options of a phased-out school bus for employee transportation. · Survey the business/employer community to determine employee transportation schedules/rates. • Continue the trolley system.
BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Community Development Minutes, October 14, 1993 - Page 2 • Study variations in ridership pass options. • Continue private participation in the trolley through the , purchase of passes. Chair Dekker commended the members of the Group for their*time and concern. All recommendations will continue to be considered. Corrinne Mutchler and Helen Wood, representatives from the business community, are to be included in the preparation of the business/ employer survey. MUSEUM - REPORT Museum personnel changes effective September 30: Betty Kilsdonk, Acting Museum Director Lynda Vogel, part time Temporary Exhibits Technician Melissa Roberts, Work Study Student Acting Museum Director Kilsdonk reported a 47.6% increase over 1992 of visitors to the Museum. Future exhibits and the 1994 program series were reviewed. As part of a long-range conservation plan, a grant in the amount of $20,000 will be submitted to the Institute of Museum Services to pay for cabinets and supplies to rehouse the textiles collection. There being no further business, Chairman Dekker adjourned the meeting at 10:32 a.m. Tr-K u.1.2 Tina Kuehl, Deputy Town Clerk
BRADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Planning Commission October 19, 1993 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, Miller, and Pohl Also Attending: Trustee/Liaison G. Hix, Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioners A. Hix and Brown Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the September 21, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.a. Amended Plat. Lot 27 and a portion of Lot 28. Little Prospect Mountain Addition. John Gibbs/Applicant. The proposed subdivision would move the internal lot line between Lots 1 and 2 to the north allowing the flexibility to add onto the existing structure on Lot 1. Community Development Director Stamey reported that the subdivision meets the requirements of Title 16 and has no adverse impact on the neighborhood. Director Stamey requested that in order to track lots consistently, the lots be renamed 27-A and 28-A. There were no comments from the audience. Finding that there are special circumstances or conditions affecting this property; that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner; and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, it was moved and seconded (Pohl/Burgess) the Amended Plat, Lot 27 and portion of Lot 28, Little Prospect Mountain Addition be favorably recommended to the Board of Trustees, and it passed unanimously, on the condition that the lots be renamed 27-A and 28-A. 3. SPECIAL REVIEW. 3.a. Special Review 93-3. Lot 6. Manford Addition. Gerry Douqhertv/Applicant. The U-Haul truck/trailer storage and propane dispensing is located near the intersection of S. St. Vrain/Graves Avenue. The C-0 District provides that no principal use shall be allowed outside of a building except those uses approved through special review. The U-Haul facility began on this site without this review, and the town has been seeking compliance. Applicant's representative Kevin Kielb, Rocky Mountain Consultants, submitted the following information: 1: Parking of 5 trucks (26', 24', and 14') and 11 trailers (including auto transport). 2. Other cars situated on the lot will be moved as required.
BRADFORIPUBLISHING Co. RECORD OF PROCEEDINGS Planning Commission, October 19, 1993 - Page 2 3. Fire Department to be contacted regarding safety precautions of propane, although precautions regarding gasoline storage have been met. 4. Three paved parking -spaces; one each for the operator/ owner, the U-Haul customer, and the propane customer. 5. No pavement of truck parking area is proposed in order to permit natural moisture flow to the required landscaping. 6. Trees planted and existing shrubbery relocated. 7. Cooperate with the state to gain required access permits. 8. Existing house to continue as office. Cole Tremmel, 655 S. St. Vrain, opposed this use request for the following reasons: 1. Adjoins residential property. 2. Lowers property value of the neighborhood. 3. Safety hazards of propane storage. Chairman Sager informed Mr. Tremmel that the hearing was not a zoning change but an auxiliary use of the property. Community Development Director Stamey noted that an approval of Special Review 93-3 should incorporate the following: 1. Paving of the U-Haul parking area and delineation of parking/driveway layout. 2. Maximum number of vehicles is 10, parked only in the designated area. 3. The 25 foot wide Highway 7 frontage landscaping incorporate a 3-foot high berm, 5 large pine trees and large evergreen shrubs as the planting material. 4. Improvement Guarantee for landscaping be filed within one week of Town Board review (if approved). 5. Landscaping areas be protected from vehicle encroachment with berms and/or curbs. 6. Identify plant materials and sizes on development plan. 7. Due to the time of year, the paving is to be guaranteed. The Improvement Guarantee is to be filed within one week of Town Board review. 8. Compliance with the Special Review Concept Plan (number of vehicles, parking area, and parking setbacks) occur within one week of any approval by the Board of Trustees. There were no further comments. Commissioner Amos reviewed the Special Review Procedures as outlined in Ordinance 17.36.030 and offered the following comments: 1. Applicant is requesting belated approval for the property use rather than seeking this approval prior to starting the business. 2. Code states "considering suitability of the proposed location for this use, and nearby land uses, and whether or not they would be supported or damaged by this use." Unfavorable remarks have been expressed by both home owners and business owners regarding the suitability of
BRA.FOR/PUILISHING.0 RECORD OF PROCEEDINGS Planning Commission, October 19, 1993 - Page 3 the proposed location for the storage of vehicles, including visual intrusion into adjacent premises and departure from the established character of the vicinity, and damage to nearby land uses. 3. Propane storage safety precautions differ from gasoline storage precautions. Propane facilities inside town limits are unsafe. Commissioner Burgess added that the appearance of the gateway areas is a citizen concern and this type of use is not appropriate. The applicant has not proven compliance with the Ordinance criteria. Commissioner Pohl expressed concerns regarding the use's visual disturbance of the area and the departure from the established character of the neighborhood, and that compliance of any of the special review procedures could only be met with the use of a very tall fence. Chairman Sager noted the Special Review procedures and the fact that Commissioners identified their opinions on items required to comply with the special review. It was moved and seconded (Amos/Pohl) that the recommendation to the Board of Trustees be a denial of Special Review #93-3 for U-Haul Truck/Trailer Storage and Propane Dispensing, and it passed unanimously, with the following reasons: 1. Safety hazards. 2. Nearby land uses and damage to them. 3. Environmental characteristics of the site and related areas and the consequences of development. 4. Visual and noise intrusion into the neighborhood. 5. Departure from the established character of the neighborhood. 4. DEVELOPMENT PLAN 4.a. Development Plan 93-12. Lot 1. Amended Plat of Tract A. Booth Resubdivision/John and Sandra Gilfillan/Applicant. Applicant's representative Paul Kochevar explained that the Applicant is proposing to develop 13 accommodation units (6 duplexes; 1 single) and an accessory recreation building on the 2.7 acre site. This will include two construction phases: Phase 1 - Units 1 through 6; Phase 2 - Units 7 through 13. Parking will be developed with each phase. An architect's drawing of the proposed buildings was presented. Mr. Kochevar addressed a letter from Estes Park Sanitation District and assured the Board the requirements expressed in the letter would be addressed and resolved. Commissioner concerns included the lack of handicapped parking spaces and the size of the parking spaces. Mr. Kochevar was in agreement with the aforementioned improvements. It was moved and seconded (Burgess/Amos) the Development Plan 93-12, Lot 1, Amended Plat of Tract A, Booth Resubdivision be approved, and it passed unanimously. 5. REPORTS. Commissioner Pohl reported on the "Directions Workshops", which are being held to gain input on appropriate uses for neighborhoods. Pohl distributed a synopsis of comments showing the major concerns involving traffic, trails, visual/ open space, and development. Attendance to date has been 550+. Chairman Sager commended Commissioner Pohl for his efforts in attending the workshops and summarizing the concerns as presented. Director Stamey announced additional workshops scheduled within the next two weeks.
BRADFOR.PUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission, October 19, 1993 - Page 4 Comments from citizens were made regarding enforcement of certain restrictions so that future building does not disturb the appearance of the community. There being no further business, Chairman Sager adjourned the meeting at 2:35 p.m. T Ku,[Ul Tina Kuehl, Deputy Town Clerk
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - September 21, 1993 - Page 2 31 SUBDIVISIONS. J.A. 3-Al North Ridge Meadow Condominiums. Second Amended Plate - East Park Subdivision. Rich Wille/Applicant. Applicant's representative Bill Van Horn stated that the Applicant is proposing to divide the site into two lots to satisfy financing requirements for the developer, which results in placing Phase I of the North Ridge Meadow Condominium development on one lot (19 units). After the second phase has been developed, the Applicant may request the plat be amended to return the site to a single lot. All conditions placed on the original approval remain in place, and if development does not occur on Phase II, Phase I will "stand on its own." Director Stamey reviewed the staff report, citing concern that the primary street system be maintained even if Phase II does not develop; the Improvement Guarantee/Letter of Credit from Park National Bank needs to acknowledge that the Improvement Guarantee/Letter of Credit remains in full force and effect and applicable to this amended plat. The Light and Power Department has requested street lighting if North Ridge Meadow Drive is being constructed to Town standards--at a minimum, street lights should be provided at the North Ridge Meadow Drive/Raven Avenue intersection plus each end of the circle. Public Works advised that each lot would require a separate water tap. The Town Board initially approved the Final Plat July 13, 1993 with the condition that written approval pertaining to drainage be received from Larimer County. Director Stamey confirmed said letter has not been received. Mr. Van Horn commented that the Applicant has received approval from MacGregor Ranch for "pass-through" drainage, and that Larimer County has given verbal approval. With regard to the street light requirement, neither the Applicant nor area residents are in favor of the installation. North Ridge Meadow Drive is not a public nor through street. Director Stamey advised that the Town Board, not Planning Commission, could waive the street light requirement; however, the Commission does consider street lighting as it pertains to public safety. Director Stamey reviewed the staff report and stated that provisions needed to be included in a homeowners document that ensures that Phase I (Lot 1) owners will maintain the entire street system should Phase II not occur. Public testimony was heard from adjacent property owner Ron Harvey who confirmed that the neighborhood does not desire the proposed street lights. Mr. Harvey received confirmation that the density for the overall development and Lot 2 remains unchanged from original approval. Discussion followed concerning density, with confirmation that no further amendments could occur without the proposal being submitted to the Commission. Director Stamey re-verified density calculations as they pertain to the outlot and Lot 2--said calculations applies to both lots and the density cannot be increased. Recognizing neighborhood comments and that the Applicant is creating a subdivision like any other, that the Commission cannot waive street light requirements and that the Town Board must determine if, how many, and where street lights should be installed, it was moved and seconded (Brown/Amos) the Second Amended Plat of East Park Resubdivision be favorably recommended to the Board of Trustees with the following conditions and it passed unanimously: 1. Consideration of the amended plat will not be placed on the Town Board agenda until such time as the drainage letter from Larimer County, and a written agreement from the MacGregor Trust have been received by staff.
MAADFORDPUBLISHING•CO. RECORD OF PROCEEDINGS Planning Commission - September 21, 1993 - Page 3 2. The Improvement Guarantee and Letter of Credit apply. A letter must be submitted from Park National Bank amending the Letter of Credit, acknowledging the changes. 3. Street lighting be installed as required by Code. 4. A separate water tap is required for each lot being created. 5. The North Ridge Meadows Condominium Development Plan remains in full force and effect. 6. Homeowners documents for Phase I provide for maintenance' of all street and common improvements. These are to be submitted and reviewed by the Town Attorney.
October 1, 1993 I.A. Bernie Dannels, Mayor Board of Trustees Estes Park, Colorado Re: 2nd Amended Plat, East Park Subdivision North Ridge Meadows Condominiums Development Plan 93-2 Mr. Mayor and Trustees, The adjacent property owners do not object to this request to divide one lot into two lots, a temporary measure to facilitate financing, as long as all conditions of the original development plan will still apply to both lots. However, the Planning Commission's recommendation also includes the addition of street lights along the private drive within the development. Street lights are not a part of the original development plan. This private drive or street runs primarily along the western property line which is to the rear of our homes. The intensity of street lights Will be an unwanted and uncontrolled intrusion on the peace and privacy of our back yards and bedrooms. We agree with the developer that adequate low intensity lighting will be provided by the condominium units front door and garage outside lighting which are adjacent to this internal drive. Therefore, we the undersigned property owners respectfully request that you do not require street lighting as a condition of this lot split. 9£---.7- - 17 -7 7 dEL+2.-7-2 1,1 In -\ A - \1«- \ Plm 9 1/v R\/ D ./ €lh*th 1 '... -1 1/\I .,4/V) ¥m-$44444 4(U A i Ct al:NE.K., / A £ -00-44/ 4 i Al>_1-/r 1\ 1 7 7 3 17 1 1 627,1*12 1 / ft G. 'Te- t C--4 1 l 1
. BRADFOROPUILISHING CO. RECORD OF PROCEEDINGS Planning Commission October 19, 1993 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, Miller, and Pohl Also Attending: Trustee/Liaison G. Hix, Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioners A. Hix and Brown Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the September 21, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.a. Amended Plat. Lot 27 and a portion of Lot 28. Little 40- Prospect Mountain Addition. John Gibbs/ADplicant. The proposed subdivision would move the internal lot line between Lots 1 and 2 to the north allowing the flexibility to add onto the existing structure on Lot 1. Community Development Director Stamey reported that the subdivision meets the requirements of Title 16 and has no adverse impact on the neighborhood. Director Stamey requested that in order to track lots consistently, the lots be renamed 27-A and 28-A. There were rio comments from the audience. Finding that there are special circumstances or conditions affecting this property; that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner; and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, it was moved and seconded (Pohl/Burgess) the Amended Plat, Lot 27 and portion of Lot 28, Little Prospect Mountain Addition be favorably recommended to the Board of Trustees, and it passed unanimously, on the condition that the. lots be renamed 27-A and 28-A. 3.~IAL REVIEW. 3. a7~1 Review 93-3, Lot 6, Manford Addition/*/Ir-rY Doughertyll'll~~nt. The U-Haul truck/trailer~*fhge and propane dispens•il~is located near the inter=~n of S. St. Vrain/Graves AveiM~ C-O Distrj,g~ides that no principal use shall be-~imayed outs.idE-of a building except those uses approved throl~lliaiilfJa-1 review. The U-Haul facility began on this sitei/liMill.this review, and the town has been seeking compliant~v-Appl:£2!1~~irepresentative Kevin Kielb, Rocky Mounta.ia<onsultants, sLiBII~~tkjad the following information: -/00- v/A- .. 1. Parki.11~Ef 5 trucks (26'' 24'' and 14') anc~"'~~ers ~90%-ding auto transport) . -/0 ~v Other cars situated on the lot will be moved as required.
BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission October 19, 1993 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, Miller, and Pohl Also Attending: Trustee/Liaison G. Hix, Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioners A. Hix and Brown chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the September 21, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. . Amended Plat. Lot 27 and a portion of Lot 28. Li P ect Mountain Addition. John Gibbs/Applicant. he Prop d subdivision would move the internal lot li etween Lots 1 2 to the north allowing the flexibilit add onto the exi ' g structure on Lot 1. Commun' evelopment Director ey reported that the subdiv' on meets the requirements Title 16 and has no adv e impact on the neighborhood. ' rector Stamey reques that in order to track lots consi tly, the lots-ba named 27-A and 28-A. There were rio comme ' A\from the ad ' ce. Finding that there are special circums 'ces ~04- nditions affecting this property; that the excep .1 cessary for the preservation and the enj oyment of 4- antial property right o f the petitioner; and that th€ .of the exception will not be materially detrimental the 99 welfare or injurious to other property jJr~ t eighborho which the property of the petitionep-is uated or in co 'ct with the purposes and objecttes this title, it wa ved and seconded (Pohl/Bu e he Amended Plat, Lot 27 an tion of Lot 28, Littl r ct Mountain Addition be favorab commended to the o f Trustees, and it passed unanin70 , on the on that the lots be renamed 27-A and 28-A. /< SPECIAL REVIEW. 01-a·f Special Review 93-3. Lot 6. Manford Addition. Gerry Douqhertv/Applicant. The U-Haul truck/trailer storage and propane dispensing is located near the intersection of S. St. Vrain/Graves Avenue. The C-0 District provides that no principal use shall be allowed outside of a building except those uses approved through special review. The U-Haul facility began on this site without this review, and the town has been seeking compliance. Applicant's representative Kevin Kielb, Rocky Mountain Consultants, submitted the following information: 1. Parking of 5 trucks (26', 24', and 14') and 11 trailers (including auto transport). 2. Other cars situated on the lot will be moved as required.
8RADFORD PUaLISHING CO. RECORD OF PROCEEDINGS Planning Commission, October 19, 1993 - Page 2 3. Fire Department to be contacted regarding safety precautions of propane, although precautions regarding gasoline storage have been met. 4. Three paved parking spaces; one each for the operator/ owner, the U-Haul customer, and the propane customer. 5. No pavement of truck parking area is proposed in order to permit natural moisture flow to the required landscaping. 6. Trees planted and existing shrubbery relocated. 7. Cooperate with the state to gain required access permits. 8. Existing house to continue as office. Cole Tremr 555 S. St. Vrain, opposed this use request for the following z· ... sons: 1. Adjoins residential property. 2. Lowers property value of the neighborhood. 3. Safety hazards of propane storage. Chairman Sager informed Mr. Tremmel that the hearing was not a zoning change but an auxiliary use of the property. Community Development Director Stamey noted that an approval of Special Review 93-3 should incorporate the following: 1. Paving of the U-Haul parking area and delineation of parking/driveway layout. 2. Maximum number of vehicles is 10, parked only in the designated area. 3. The 25 foot wide Highway 7 frontage landscaping incorporate a 3-foot high berm, 5 large pine trees and large evergreen shrubs as the planting material. 4. Improvement Guarantee for landscaping be filed within one week of Town Board review (if approved). 5. Landscaping areas be protected from vehicle encroachment with berms and/or curbs. 6. Identify plant macerials and sizes on development plan. 7. Due to the time of year, the paving is to be guaranteed. The Improvement Guarantee is to be filed within one week of Town Board review. 8. Compliance with the Special Review Concept Plan (number of vehicles, parking area, and parking setbacks) occur within one week o f any approval by the Board o f Trustees. There were no further comments. Commissioner Amos reviewed the Special Review Procedures as outlined in Ordinance 17.36.030 and offered the following comments: 1. Applicant is requesting belated approval for the property use rather than seeking this approval prior to starting ~ the business. 2. Code states "considering suitability of the proposed location for this use, and nearby land uses, and whether or not they would be supported or damaged by this use." Unfavorable remarks have been expressed by both home owners and business owners regarding the suitability of
BRADFORD PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission, October 19, 1993 - Page 3 the proposed location for the storage of vehicles, including visual intrusion into adjacent premises and departure from the established character of the vicinity, and damage to nearby land uses. 3. Propane storage safety precautions differ from gasoline storage precautions. Propane facilities inside town limits are unsafe. Commissioner Burgess added that the appearance of the gateway areas is a citizen concern and this type of use is not appropriate. The applicant has not proven compliance with the Ordinance criteria. Commissioner Pohl expressed concerns regarding the use's visual disturbance of the area and the departure from the established character of the neighborhood, and that compliance of any of the special review procedures could only be met with the use of a very tall fence. Chairman Sager noted the Special Review procedures and the fact that Commissioners identified their opinions on items required to comply with the special review. It was moved and seconded (Amos/Pohl) that the recommendation to the Board of Trustees be a denial of Special Review #93-3 for U-Haul Truck/Trailer Storage and Propane Dispensing, and it passed unanimously, with the following reasons: 1. Safety hazards. 2. Nearby land uses and damage to them. 3. Environmental characteristics Of the site and related areas and the consequences of development. 4. Visual and noise intrusion into the neighborhood. 5. Departure from the established character of the neighborhood. 4 DEVELOPMENT PLAN . Development Plan 93-12. Lot 1. Amended Plat of Tract A. B h Resubdivision/John and Sandra Gilfillan/Ap 'cant. APP ant's representative Paul Kochevar explained at the Appll t is proposing to develop 13 accommodat' units (6 duplex · 1 single) and an accessory recreati uilding on the 2.7 e site. This will include two cons ction phases: Phase 1- its 1 through 6; Phase 2-U's7 through 13. Parking wil e developed with each pha . An architect's drawing of th oposed buildings was p ented. Mr. Kochevar addressed a le r from Estes Park nitation District and assured the Boar he requirement expressed in the letter would be addresse and resolv . Commissioner concerns included the lack of ndicapp parking spaces and the size of the parking spaces. . K evar was in agreement with the aforementioned improvem . It was moved and seconded (Burgess/Amos) the Develo t Plan 93-12, Lot 1, Amended Plat of Tract A, Booth Resu ivi ' n be approved, and it passed unanimously. 5. REPORTS. Commissioner ohl reported on the "Di ions Workshops", which are ng held to gain input on app riate uses for neighborh s. Pohl distributed a synops of comments showing e major concerns involving traffic, t ' s, visual/ open s ce, and development. Attendance to dat as been 550+. Chairman Sager commended Commissioner Pohl or his eff s in attending the workshops and summarizi the CO erns as presented. Director Stamey announced addit al kshops scheduled within the next two weeks.
c epura PLANNED PROGRESS ~ BOARD OF COMMISSIONERS J. DONALD PAULEY CHAIRMAN September 2, 1993 EDWARD B. POHL VICE-CHAIRMAN CARLHENDERSON TREASURER MILT ERICSON GARY F. KLAPHAKE RICHARD S. PUTNEY GERALD SWANK STAFF Mayor H. Bernerd Dannels ARTHUR LANDERSON Town of Estes Park EXECUTIVE DIRECTOR p . 0. Box 1200 Estes Park, Colorado 80517 RE: EPURA BOARD VACANCY Dear Mayor Dannels: The EPURA Board would like to present for your consideration the following persons to fill the present vacant board position: Curt Buchholtz - Executive Director, Rocky Mountain Nature Association. Richard McConnell - New Resident, Retired Architect Gary Cooper - Former News Director/KRKI Randy Martin - Owner, Plum Creek Shoe Store Thank you. Very truly yours, ESTES PARK URBAN RENEWAL AUTHORITY J. Donald Pauley Chair ESTES PARK URBAN RENEWAL AUTHORITY 170 MACGREGOR AVENUE • POST OFFICE BOX 1200 • ESTES PARK, COLORADO 80517 • 303/586-5331 • FAX 303/586-2816 b
BECKER STOWE BOWLES 8 LYNCH PROFESSIONAL CORPORATION ATTORNEY5 AT LAW THE CHANCERY, SUITE 1002 1120 LINCOLN STREET DENVER, COLORADO 80203 -2138 TELEPHONE:{303) 830-0101 DANIEL C. LYNCH TELECOPIER: (303) 860-9306 October 19, 1993 Mr. Monte Vavra Town of Estes Park 170 Mac Gregor Estes Park, Colorado 80517 Re: Colorado Water Resources and Power Development Authority Small Water Resources Loan - Refinancing Dear Mr. Vavra: As you may already know, the Colorado Water Resources and Power Development Authority recently sold $6,585,000 principal amount of Small Water Resources Refunding Revenue Bonds, 1993 Series A, to refinance a 1990 bond issue which provided the funds to make the Authority's October 1, 1990 loan to your governmental agency. We are acting as the Authority's special counsel in the refunding bond transaction. When the Authority's refunding bonds are issued, the payments under your loan will be reduced, pursuant to the terms of your existing Loan Agreement, to reflect the lower interest rates obtained by the Authority by refunding its bonds. So that the Authority's refunding transaction can close on October 27, 1993, and your payments may be reduced, we request that you have executed by the appropriate officer the enclosed Update Certificate, confirming the accuracy of certain facts which affect the validity and tax-exempt status of the Authority's refunding bonds, and return it to me in the enclosed preaddressed and stamped envelope. We have also sent a copy of this letter and the Update Certificate to the attorney who represented your governmental agency in the 1990 loan transaction.
BECKER STOWE BOWLES 8 LYNCH PROFESSIONAL CORPORATION 0 Mr. Monte Vavra October 19, 1993 Page 2 The Update Certificate confirms the correctness, as of October 27, 1993, of statements already made by your governmental agency in connection with your 1990 loan or the refinancing transaction, so most of its contents should be familiar. However, if you have any questions, please feel free to call me at (303) 830-0101. Very tryly yours, &, f. Dani~d. Lynch DCL/s Enclosure CC: Mr. Daniel L. Law Mary Mead Hammond, Esq. Thomas 0. McGimpsey, Esq. James P. Marlin, Esq. Gregory A. White, Esq.
UPDATE CERTIFICATE The undersigned, being the Mayor of the Town of Estes Park, Colorado (the "Governmental Agency"), is authorized to deliver this certificate on behalf of the Governmental Agency in connectioil with the Loan Agreement dated as of October 1, 1990 (the "Loan Agreement") entered into between the Governmental Agency and the Colorado Water Resources and Power Development Authority (the "Authority" ) with respect to a loan (the "Loan" ) made by the Authority to the Governmental Agency pursuant to the Authority's Small Water Resources Program. The undersigned, on behalf of the Governmental Agency, hereby certifies as follows: 1. The representations and warranties contained in Section 2.01 of the Loan Agreement are true and correct on and as of the date hereof as if made on the date hereof. The Governmental Agency is not in default under any of the provisions of the Loan Agreement, and is in compliance with all of its covenants in Section 2.02 thereof. 2. The Governmental Agency has duly authorized and i delivered its Appendix "P" (the "Appendix") to the Authority's Preliminary Official Statement dated September 29, 1993 (the "Preliminary Official Statement") and its Official Statement dated October 8, 1993 (the "Official Statement"), with respect to the Authority's Small Water Resources Refunding Revenue Bonds, 1993 Series A (the "Bonds" or the "Issue"). The Governmental Agency ratifies and consents to the use of such Appendix by the underwriters of the Bonds in connection with the public offering of the Bonds. 3. No material change has occurred in the affairs or financial condition of the Governmental Agency since the date of the Official Statement. The Governmental Agency covenants to notify the Authority of any material development affecting the Governmental Agency which occurs within 25 days after the date of this certificate. 4. The material set forth in the Appendix included in the Preliminary Official Statement and the Official Statement, respectively, was, as of the date of the Preliminary Official Statement or the Official Statement, and is, as of the date hereof, true and correct in all material respects, and such material did not, as of the date of the Preliminary Official Statement or the Official Statement, and does not, as of any subsequent time to and including the date hereof, contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 1
5. Any certificate or copy of any certificate signed by any official of the Governmental Agency and delivered to the Authority or the underwriters of the Bonds may be treated by them as a representation by the Governmental Agency to the Authority and such underwriters as to the truth of the statements made therein. 6. All proceeds of the Loan from the Authority received by the Governmental Agency have been, or are expected to be, expended by the Governmental Agency for the acquisition or construction of capital assets. 7. The Governmental Agency has not accumulated any amounts that are reasonably expected to be used to pay debt service on the Loan or the Issue or that are directly or indirectly pledged to pay principal of or interest on the Loan or the Issue (other than a fund used to achieve a proper matching of revenues and debt service, which is depleted at least once each bond year, except'for a reasonable carryover not to exceed the greater of (i) the earnings on the fund for the immediately preceding bond year or (ii) one-twelfth of the principal and interest payments on the Loan for the immediately preceding bond year). 8. The average reasonably expected economic life of the financed capital assets, determined as of the later of (i) October 18, 1990 (the issue date of the bonds being refinanced by the Bonds) or (ii) the date the financed capital assets are placed in service (or expected to be placed in service), is at least 20 years. DATED THIS 27TH DAY OF OCTOBER, 1993. TOWN OF ESTES PARK By: Title: 2 ·